Encl. (5) to COMDTINST 16200.3A
11. b.
On all units engaged in OCS activities, the Outer
Continental Shelf Lands Act, as amended, currently
requires the Coast Guard to place the owner or operator
of the unit on notice of the deficiency, and to allow
that person a "reasonable period" in which to comply by
correcting the deficiency. Following a failure to
correct deficiencies within the "reasonable period," a
civil penalty case should be prepared and forwarded to
the Department of the Interior for evaluation in
accordance with 33 CFR 140.40. The DOI, if it deems it
appropriate, will assess and collect a civil penalty.
c.
Certain units engaged in OCS activities, however, are
also subject to the concurrent statutory and regulatory
requirements of 46 U.S.C. and 46 CFR respectively. For
these vessels, including U.S. flag MODU's and other
vessels required to maintain a valid Certificate of
Inspection, civil penalty action may be initiated under
the authority of 46 U.S.C. through normal Coast Guard
channels. In such cases, the notice and opportunity
provisions described above do not apply.
12. Uninspected Vessels.
a.
Statutory authority to require certain equipment for
uninspected vessels is contained in 46 U.S.C. Chapters
41, 43, and 45. Regulatory requirements are in 46 CFR
Subchapter C and 33 Parts 175 - 177.
b.
Since the MI program does not routinely board
uninspected vessels, violations of statutes and
regulations applicable to uninspected vessels will
normally be discovered as a result of investigation of
marine casualties and complaints. Such violations
normally warrant the initiation of civil penalty action
and/or other remedial action.
13. Table of Recommended Penalties.
a.
Table 5-A is the marine inspection program table of
recommended penalties. It covers most violations within
the purview of the MI program. Footnotes are contained
on the last page of the table. For violations which are
not listed, the district program manager should base the
recommended amount on listed violations which are
similar in nature.
b.
Field personnel are reminded that the preceding guidance
in paragraph 2 should be used for determining when a
report of violation should be submitted. Table 5-A
should not be interpreted by field personnel as an
indication that a report of violation should be
submitted for every deficiency noted during vessel
inspections simply because the deficiency appears on the
list.
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