Encl. (5) to COMDTINST 16200.3A
2.
e.
The term "remedial action" as used in this enclosure
includes initiating suspension and revocation
proceedings, revoking a Certificate of Inspection (COI),
and issuing a letter of warning, as well as initiating
civil penalty action. It does not mean mere correction
of a deficiency.
3.
Vessel Inspection.
a.
Statutory authority and requirements for vessel
inspection are contained in 46 U.S.C. Subtitle II; in 43
U.S.C. Chapter 29; and in 33 U.S.C. Chapters 26 and 33.
Regulatory requirements are found in 46 CFR and 33 CFR
Subchapters N, O, and P.
b.
The MI program maintains a vigorous enforcement policy
of ensuring that vessels subject to inspection are in
basic compliance with the law. Accordingly, when
evidence indicates that a vessel required to be
inspected is operating without a certificate of
inspection, initiation of civil penalty action is
appropriate.
c.
Because the congressional intent of vessel inspection
laws is to encourage safety, the thrust of MI
enforcement policies for deficiencies uncovered during
inspections is to encourage compliance by requiring
correction and not through civil penalty assessment.
Requiring on the spot correction, issuing a CG-835, or
restricting the operation so that the deficiency will no
longer exist is sufficient action to correct most
deficiencies.
d.
Although simple notification of the deficiency and follow
up actions to insure the deficiency is corrected are
proper, there may be times when initiation of civil
penalty action, and/or other remedial action is
appropriate. On this issue the circumstances and
conditions vary so greatly that it is difficult to cover
all situations. The following categories of
deficiencies and actions are offered as general guidance
(these categories are not intended to be all inclusive
nor are the actions suitable for all cases):
(1)
Category I - Operating with an expired Certificate
of Inspection, being overdue for drydock
examination, failing to notify the OCMI of
alterations or repairs as required by regulation,
and failing to correct deficiencies within a
specified time frame are offenses normally
warranting the initiation of civil penalty action,
and other remedial action.
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