U.S. Coast Guard Appeal Process

 There is an age-old quandary in the maritime industry when it comes to dealing with the U.S. Coast Guard: to just do whatever they say, or challenge their decision? Many choose to go along with whatever a Coast Guard inspector says, even when a decision may have been made in error, or the impact to the company may be great. This is mostly due to a misconception that the Coast Guard is likely to retaliate if challenged. Another common reason for going along with whatever the Coast Guard inspector says is simply to "keep them happy and make them go away." Sometimes this can backfire and have serious consequences for a vessel owner when they realize the impact of what they have agreed to, and if they don't follow through in the future.

 


Many years ago, as a trainee Coast Guard marine inspector, I was sent out to do my first solo barge inspection. While inspecting the bunker barge I looked at the warning sign and told the company representative that I thought the sign was also supposed to read "dangerous cargo." He assured me the sign was fine, and I pushed back. I offered to look it up, but he did not want to debate the issue and told me to go ahead and write the CG835 and that he would change the sign. I should have looked it up... A few days later while reviewing cases, my boss called me into his office and made me look up the regulation. He then directed me to go back and tell the barge representative that I was incorrect, and to put the original sign back. I felt terrible at having caused this barge operator money and aggravation, but I learned a valuable lesson that day. I'm thankful for having had a boss who understood his responsibilities and was willing to hold me accountable.


While most Coast Guard inspectors are knowledgeable and conscientious, none are perfect. It's not unreasonable to ask the inspector if he would provide the regulatory citation and explain the deficiency. If the issue can't be resolved at the lowest level, industry has the right to appeal. The intent of the policy is best explained by a well respected former Commandant, ADM Thad Allen, in his message to the troops (ALCOAST 108/08): "Disruption in the normal flow of commerce impacts many parties in the supply chain. We have clearly established appeal procedures when we make a decision that could have negative impacts on a licensed mariner or on the maritime industry. The exercise of appeal is a right we strongly support. Questions, differences of professional opinion, and appeals are normal and improve the conduct of business. We must be as accepting of these as praise. Attempt to resolve problems at the lowest level possible and be resourceful in doing so."


Appeals can be challenging, but they are a necessary part of the process. When necessary, give the Coast Guard a chance to exercise its own system of checks and balances.