Except for the Commandant of the Coast Guard, any individual adjudicating an appeal or waiver of a decision regarding marine safety, including inspection or manning and threats to the environment, shall—

1. (1) be a qualified specialist with the training, experience, and qualifications in marine safety to effectively judge the facts and circumstances involved in the appeal and make a judgment regarding the merits of the appeal; or

2. (2) have a senior staff member who—

   1. (A) meets the requirements of paragraph (1);
   2. (B) actively advises the individual adjudicating the appeal; and
   3. (C) concurs in writing on the decision on appeal.

(Added Pub. L. 111–281, title V, § 524(a), Oct. 15, 2010, 124 Stat. 2958, § 102; renumbered § 101, Pub. L. 111–330, § 1(6)(A), Dec. 22, 2010, 124 Stat. 3569.)

Amendments 2010—Pub. L. 111–330 renumbered section 102 of this title as this section.

Effective Date of 2010 Amendment Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(6)(A) is effective with the enactment of Pub. L. 111–281.