Federal regulations · Through 2026-08-25 · Newer source version available

33 CFR 148.240: How does a State or a person intervene in a formal hearing?

(a) Any person or Adjacent Coastal State may intervene in a formal hearing.
(b) A person must file a petition of intervention within 10 days of notice that the formal hearing is issued. The petition must:
(1) Be addressed to the Administrative Law Judge (ALJ) Docketing Center;
(2) Identify the issues and the petitioner's interest in those issues; and
(3) Designate the name and address of a person who can be served if the petition is granted.
(c) An adjacent coastal State need only file a notice of intervention with the ALJ Docketing Center.
(d) The ALJ has the authority to limit the scope and period of intervention during the proceeding.
(e) If the ALJ denies a petition of intervention, the petitioner may file a notice of appeal with the ALJ Docketing Center within 7 days of the denial.
(1) A brief may be submitted with the notice of appeal.
(2) Parties who wish to file a brief in support of or against the notice of appeal may do so within 7 days of filing the notice.
(f) The Commandant (CG-5P) will rule on the appeal. The ALJ does not have to delay the proceedings for intervention appeals.

Where this section sits in the code

Title 33—Navigation and Navigable Waters
CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
SUBCHAPTER NN—DEEPWATER PORTS
PART 148—DEEPWATER PORTS: GENERAL
Subpart C—Processing Applications

(a) Any person or Adjacent Coastal State may intervene in a formal hearing.

(b) A person must file a petition of intervention within 10 days of notice that the formal hearing is issued. The petition must:

(1) Be addressed to the Administrative Law Judge (ALJ) Docketing Center;

(2) Identify the issues and the petitioner's interest in those issues; and

(3) Designate the name and address of a person who can be served if the petition is granted.

(d) The ALJ has the authority to limit the scope and period of intervention during the proceeding.

(e) If the ALJ denies a petition of intervention, the petitioner may file a notice of appeal with the ALJ Docketing Center within 7 days of the denial.

(1) A brief may be submitted with the notice of appeal.

(2) Parties who wish to file a brief in support of or against the notice of appeal may do so within 7 days of filing the notice.

(f) The Commandant (CG-5P) will rule on the appeal. The ALJ does not have to delay the proceedings for intervention appeals.

Collected 2026-08-27T02:25:35Z. Source file · JSON

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