33 CFR 160.111

Guidance

District Commander or COTP may direct the manner a vessel operates or to anchor in order to mitigate a potential hazard based on:

• Non-compliance with any regulation, law or treaty

• A prohibition of vessel operation and cargo transfer in accordance with 33 CFR 160.113

• Weather, visibility, sea conditions, temporary port congestion, other temporary hazardous circumstances, or condition of the vessel

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Insight

You risk being delayed if a hazardous condition is discovered at any point in your transit to the Port. While an updated NOA is required, highly recommend directly contacting our 24 Hour Command Center and/or Port State Control to facilitate timely mitigation measures that may be directed by the COTP. 

Some examples of previous hazardous conditions reported and subsequent COTP Order requirements issued have included: Click below to be directed to specific needs.

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DISCLAIMER: Below are just examples, every situation is handled case-by-case & require COTP final approval.                     

• Propulsion / Engine Controls / Power, Main & Emerg / Steering

• Anchor

• Manning

• Fire - Detection / Extinguishing

• Pollution

• HAZMAT Release (i.e. damaged containers)

• Cyber

• Structural damage (i.e. collision, allision, grounding)

• Security Breach (i.e. stowaway)

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Purpose of requiring a causal analysis is to identify the root cause and any other underlying issue that may need to be addressed to prevent a recurrence.

• Always expect prior to departure corrective action.

• Engage class society for any equipment, structural or machinery issue as soon as possible, and prior to arrival if vessel has not yet arrived in the port. Any permanent or temporary repair will require class acceptance.

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If the desire is to continue to operate with an issue:

• Class attesting vessel is fit to proceed would be required for consideration.

• Additionally recommend providing a risk mitigation plan that includes acceptance by relevant port stakeholders (i.e. pilots / terminal operators, as applicable).

Tug Assist Plan Guidance

• Any authorized movement without permanent repairs may be considered on a case-by-case basis and often includes a requirement for a tug assist plan.

  • Every tug assist plan proposal is handled on a case-by-case basis.

  • Tug assist plans often include a sum of the assist tugs horsepower minimally equal to 10% of the ship's deadweight tonnage.

  • All tug assist plans must be developed in consultation with the Pilots and reviewed by VTS.

  • If at anchor, a tug assist plan will minimally include a plan for tugs during tide changes, when winds sustain at 25 knots or more, and at any other time as directed by VTS.

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Propulsion / Engine Controls / Power, Main & Emerg / Steering

• Prior to entry or further movement consideration by the COTP will at a minimum require a class report with a causal analysis and attestation that the vessel is fit to proceed.

  • A Tug Assist Plan may also be required if you have not completed permanent repairs.

• To be cleared for departure, permanent repairs to the satisfaction of your class society is normally required.

Anchor

• A Tug Assist Plan will be required for any authorized movement through the port.

• Unavailability to release a second anchor,. expect tug assist plan requirement, which is a risk mitigation option in accordance with 33 CFR 164.19. Typically, tug assist will be required during transit and, if anchored, during tide changes and any other time as directed by VTS.

• If an anchor cannot be retrieved and you intend to cut free, be prepared to mark and recover the anchor.

• Prior to departure, vessel found fit for intended route and voyage by class society.

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Manning

• Prior to movement, comply with Safe Manning Certificate

  • Provide a copy of the Safe Manning Certificate to the PSC Duty Officer.

  • Replace if Master and/or Chief Engineer

  • Other positions either replaced or dispensation from Flag Administration

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Fire - Detection / Extinguishing

• if there is an active shipboard fire, initiate Vessel Response Plan.

  • Prior to departure, be prepared to replenish all spent fire extinguishing agents.

• Inoperable fire detection and/or extinguishing system, be prepared to provide a risk mitigation plan that achieves an equivalent level of safety

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Pollution

• If there is an active pollution situation, Initiate Vessel Response Plan

  • Be prepared to submit oil quantity of pollution source and a proposal/actions taken to mitigate the leak.

• Prior to cargo operations

  • Pollution should be adressed prior to continuing to conduct cargo operations.

  • Fuel oil contamination in cargo hold

    • Contaminated cargo container(s) will likely be put on CG hold for examination shoreside.

      • Removal procedures would require a pollution prevention plan.

    • Requirement to provide a clean up plan approved by QI.

      • Expect a requirement for impacted cargo hold(s) to be thoroughly cleaned and oil free before departure.

        • Marine Chemist may be required to confirm compliance. 

• Prior to movement,

  • Class report: causal analysis, satisfactory repairs and found fit for route and service

  • QI attesting to clean-up complete and no further pollution threat.

  • Hull cleaning has been required prior to further movement

  • Replenish all spent pollution clean up supplies

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HAZMAT Release (i.e. damaged containers)

• Prior to entry, provide Master assessment/characterization of hazard and copy of Dangerous Cargo Manifest

  • Prior to cargo operations in impacted bay, provide a clean-up plan and impacted container removal plan approved by QI and Terminal.

  • Impacted containers will be placed on hold for further inspection on facility.

• Upon completion of clean-up, provide a report from Marine Chemist certifying space safe for entry with no atmospheric hazards and from QI attesting clean-up complete.

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Cyber

• Prior to movement/entry assessment will normally be required whether there is an onboard cyber attack or cyber threat due to a cyber attack at a corporate office or another involved entity. Requirements have included:

  • Safety Management System

    • General Cyber Safety: SMS to identity, protect, detect, respond to and recover from a cyber-attack

    • Cyber hygiene

    • Virus protection upgrades/patches

    • Impact to non-conformity reporting

    • Uninterrupted communication with DPA

  • Shipboard Navigation Systems:

    • Electronic chart updates

    • ECDIS

    • AIS

    • Pilot plug

    • GMDSS

    • Auto-pilot

  • Propulsion & Machinery Management:

    • PMS records, parts ordering, etc.

    • Automation

    • Remote engine monitoring and its impact to engine maintenance

    • Communication between E/R and bridge

  • Administrative & Crew Welfare Systems:

    • Interface with compromised operating system and shipboard systems

    • Training records, licenses, health information, pay records, food orders

  • ISSC:

    • Ship alert system not impacted

    • Uninterrupted communication with CSO

    • DOS available

  • Cargo handling and management:

    • HAZMAT information available

    • Ship stability management system operating properly

• A Tug Assist Plan may be authorized for further movement in the port.

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Structural damage (i.e. collision, allision, grounding)

•  Consider initating Vessel Response Plan.

• Prior to movement, unless explicitly authorized by COTP:

  • Submit a salvage plan and tug assist plan prior to any movement

  • Be prepared to provide tank locations, capacity and current amount in each tank.

  • Complete a Port State Control Exam

  • Conduct an underwater survey of the hull, propeller and rudder from an accredited dive company

• Provide reports from vessel’s classification society that include:

  • An approved repair proposal

  • Propulsion and steering system have been tested in the presence of an attending classification society surveyor and found to be fully operational

  • Confirmation that the vessel is fit for its intended route and service prior to departure

• Structural damage will often involve engagement of CG SERT with Vessel Salvage Naval Architect and/or Class Society. This will be coordianted by the PSC Duty Officer.

• Structural damage in way of fuel tank would require permanent repairs or fuel oil tank taken out of service

Security Breach (i.e. stowaway)

• Prior to entry, CG LE security boarding will likely be required.

• Prior to the security boarding, minimally, the vessel Master will need to attest:

  • Vessel sweep was conducted to determine if there are additional stowaways onboard the vessel and report the results of this sweep

  • Vessel initiated a comprehensive plan for securing stowaway(s) and ensuring stowaway(s) remain onboard the vessel at all times. Submit a copy of this plan

  • All critical safety and environmental protection systems are operating properly

• Prior to departure, either the flag state or its recognized security organization (RSO) shall attend the vessel to examine the implementation of the Ship’s Security Plan, and submit a written audit report addressing the following:

  • The adequacy of the vessel’s records for security breaches or incidents

  • A summary of the vessel’s response actions for security breaches or incidents

  • A description that details how unauthorized person (stowaway) gained access to the vessel.

  • A summary of recommended corrective actions to prevent further stowaway incidents.

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Point of Contact

You should report a hazardous condition to our 24 hour Sector Command Center. You should also indicate the hazardous condition in your NOA.