EP 1130-2-520
29 Nov 96
b. Corps assistance with marking. The District Commander may, upon request, provide
assistance to the Coast Guard in locating and/or marking a wreck; assistance shall be provided if
resources are available and if the Corps has a special capability in the particular case. Such
assistance is normally not reimbursable from the Coast Guard, unless the Coast Guard recovers
marking costs from the responsible party as addressed in 33 CFR 64 - Marking of Sunken
Obstructions. In all cases, cost records should be maintained for the possibility of later
reimbursement (see 33 CFR 74).
c. Marking enforcement. When an owner or other responsible party undertakes removal,
the Corps shall monitor the operation, including the maintenance of marking. The Corps shall
not, however, enforce marking requirements. Marking problems shall be referred to the Coast
Guard for enforcement.
d. USCG help in identifying responsible parties. The Coast Guard maintains a
computerized Marine Safety Information System (MSIS), which can provide quick access to
ownership and operator data for virtually all foreign vessels entering U.S. ports, and for most
U.S. vessels which are documented, inspected or boarded by the Coast Guard or which have been
involved in a reportable marine casualty. MSIS is accessible from every Marine Safety Office,
Captain of the Port office, Marine Inspection Office, and district office.
e. Notifications to owner. The Corps and the Coast Guard shall consult to determine
which agency will take the lead in notifying the owner (or other party) of their responsibility to
mark and remove a wreck. This is a local decision, and may be made on a case-by-case basis or
subject to a more general agreement. When the District Commander defers to the Coast Guard
for notification to the owner, the Commander shall ensure that all the relevant elements of
Appendix M are addressed. Separate notifications may be made, but are discouraged as not
reflecting well on federal coordination.
f. Interagency notifications/correspondence. District commanders shall keep the Coast
Guard district informed of status/progress of removal actions, any changes in status/ situation
regarding the factors which were considered in determining hazard and remedial actions, any
problems with marking as observed by the Corps, any pollution observed, and any other
circumstances which may impact on navigational safety.
g. Coast Guard removals. In cases involving substantial threat to the human environment
from pollution, the Coast Guard may exercise its own authority to remove or destroy a vessel.
Some of these cases may also involve a hazard to navigation (triggering Corps jurisdiction) and
some may not. When circumstances would permit removal by either agency, the decision as to
which agency will take the lead shall be made locally, if possible. The Coast Guard will always
make the final decision whether to invoke its authority for removal under 33 CFR 153 (Control of
Pollution by Oil and Hazardous Substances Discharge Removal). However, the Corps may not
invoke its emergency removal authority under Section 20 (33 USC 415) when the sole purpose of
removal is for mitigating a pollution threat. Section 20 removal must always be tied to navigation
impacts.
h. Annual reconciliation of cases. Status of all existing hazards to navigation shall be
compared with the Coast Guard district at least annually. District commanders shall coordinate
locally with the Coast Guard for appropriate format, schedule, etc.
4-5
Previous Page
