COMDTINST 16711.12A
JUL 10 1996
detailed sanitation analysis. In such cases, Officers-in-Charge, Marine Inspection
(OCMIs) and/or COTPs should notify the FDA, PHS, and/or the CDC. These agencies
are equipped to conduct the technical sanitation analysis necessary to provide the
substantive, conclusive, and probative data required to support a control action based
upon this type of safety or health danger. A list of addresses and contact numbers for
these agencies is provided as enclosure (3).
e.
The following control action applies to vessels whose flag administrations are party to
ILO Convention No. 147:
(1)
When conditions which are clearly hazardous to safety or health are discovered,
and for which no other applicable international maritime safety treaty (i.e.,
SOLAS, MARPOL, etc.) establishes a regulatory requirement, OCMIs and/or
COTPs are authorized to intervene using the PWSA in order to rectify those
conditions. In these instances, the authority for detaining the ship to rectify
hazardous shipboard conditions is 33 USC 1223(b) of the PWSA. As such,
interventions for ship-board conditions which are "clearly hazardous to safety or
health" must also be related to navigation, vessel safety, and the protection of the
marine environment, that is, related to the goals of the PWSA. Interventions
conducted under the PWSA, relating to deficiencies listed in paragraph 7.b.1., of
this COMDTINST, shall be reported to Commandant (G-MOC) on the Vessel
Intervention Report form, citing the PWSA as the intervening authority in
accordance with current guidance for reporting interventions. OCMIs/COTPs shall
notify the nearest maritime, consular, or diplomatic representative of the vessel's
flag state of the intervention and should try to have a consular or diplomatic
representative of the flag state present.
(2)
Conditions which are not clearly hazardous to safety or health, but nevertheless
constitute
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