COMDTINST 16200.3A
16 OCT 1992
8.
c.
(2)
(cont'd) and that in such cases penalties will be
recommended at levels higher or lower than those in
the tables. (However, the recommendation shall not
be greater than the statutory maximum). In such
cases, an explanation should
be included with
the recommendation.
(3)
Additionally, several statutes identify other
factors to be considered when recommending penalty
amounts, such as seriousness of the violation,
economic benefit to the violator, if any, resulting
from the violation, degree of culpability, any
other penalty for the same incident, any history of
prior violations, economic impact of the penalty
on the violator, and other pertinent matters. The
enclosures do not take into account these factors,
nor is this information a required part of the
violation case. The burden of presenting
information pertaining to financial factors lies
with the party. Economic or financial information
with program manager comments concerning recommended
penalties may be included in the file.
9.
REPORTS AND FORMS. Coast Guard forms "Report of Boarding,"
CG-4100 (Series), "Vessel Boarding Report," CG-5437, "Tank
Vessel Enclosure," CG-840S-2, "Merchant Marine Inspection
Requirements," CG-835, and "Waterfront Facility Inspection
Report," CG-4200, are available from Supply Center Brooklyn.
/s/ J.W. KIME
Admiral, U. S. Coast Guard
COMMANDANT
Encl:
(1) Marine Environmental Protection and Port
Safety/Security Civil Penalties
(2) Waterways Management Civil Penalties
(3) Navigation Rules Civil Penalties
(4) Bridge Administration Civil Penalties
(5) Marine Inspection Program Civil Penalties
(6) Recreational Boating Safety Civil Penalties
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