Encl. (5) to COMDTINST 16200.3A
3.
d.
(5)
Category V - Required test, drills, and inspections
performed by a vessel's crew are important to the
overall safety of the vessel. Failure to
accomplish such items warrants the initiation of
civil penalty action, and/or other remedial action
such as suspension or revocation proceedings or a
letter of warning.
4.
Manning.
a.
Statutory authority and requirements for the manning of
vessels are contained in 46 U.S.C. Part F. Regulatory
requirements are contained in 46 CFR Part 15.
b.
Statutory and regulatory requirements are considered
minimums necessary for the safe operation of a vessel.
Accordingly, when evidence exists that a vessel is not
manned in accordance with its Certificate of Inspection
or other applicable requirements, the initiation of
civil penalty action, and/or other remedial action is
appropriate. When evaluating evidence concerning
whether a vessel is manned in accordance with its COI,
due consideration shall be given to the provisions of 46
U.S.C. 8101(e) and 46 U.S.C. 8103, which permit the
master, under certain conditions, to sail short, or to
replace crew members with individuals who are not U.S.
citizens.
5.
Seamen's Protection and Relief.
a.
Statutory authority and requirements concerning seamen's
protection and relief are contained in 46 U.S.C. Part G.
Regulatory requirements are contained in 46 CFR Part 14.
b.
While Coast Guard personnel no longer perform the duties
of Shipping Commissioners, enforcement of statutes and
regulations pertaining to seamen's protection and relief
remains a function of the Coast Guard. Violations of
this type are normally in the realm of labor/management
disputes and are frequently non-safety related. Less
serious examples would be wage/salary disputes, minor
complaints concerning working hours, sailing schedules
and accommodations. More serious situations would be
crew member complaints concerning vessel seaworthiness
or sanitary conditions, an owner/operator or master
requiring individuals to routinely work illegally
excessive hours when no emergency exists, a master
failing to utilize shipping articles when required, a
master failing to maintain a logbook or failing to make
proper entries therein, as required by law.
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