COMDTINST 16460.5
d.
Nothing in reference (a) relieves the OSC of the responsibility to gather sufficient
facts to enable him or her to make an informed decision about the likelihood of
substantial harm to the environment. Reference (b) gives the OSC both the authority
and the responsibility to gather information sufficient to make a supportable
"substantial harm" decision. While the public interest may be well served, in
exceptional circumstances, by bypassing provisions of the FAR, the overriding
public interest is, in all but those exceptional circumstances, best served by
conducting acquisition and procurement activities in accordance with the FAR.
6.
PROCEDURES.
a.
The OSC is familiar with waterways, resources, and commonly transported cargos
within the Captain of the Port (COTP) zone. In assessing a discharge or release, the
patterns, and the locations of natural collection areas, breeding areas and sensitive
natural, cultural, and industrial resources (i.e. water intakes) that are critical to
predicting the harmful impact of a discharge. The OSC will also consider the grade
of the discharged cargo (46 CFR 30) its specific gravity, toxicity, volatility, and any
other factors that are critical to predicting harmful impact and estimating the fate
and effect of a discharge on the environment.
b.
The standard(s) by which the OSC determines whether a spill has caused, or poses a
threat of, substantial harm to the environment must be clearly established in the
planning process. Because the OSC's determination may result in incidental
suspension of the FAR, it is important that the decision elements be as objective as
possible. Predetermined standards for "substantial harm" and "threat of substantial
harm" lend validity and supportability to the OSC's determination.
c.
Enclosure (1) is a Coast Guard-approved contract form for use by the OSC to
facilitate the contracting process when the OSC determines that the provisions of
reference (a) have been met. Other "letter form" contracts, some proprietary, have
been employed by OSCs prior to publication of this Instruction. This form has been
approved by Headquarters for field use and is preferred for any discharge in which
the conditions of reference (a) are invoked. Any other "letter form" contracts should
have Headquarters approval before they can be employed for any given incident.
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