33 C.F.R. § 160.111
Special orders applying to vessel operations
Each District Commander or Captain of the Port may order a vessel to operate or anchor in the manner directed when:
(a) The District Commander or Captain of the Port has reasonable cause to believe that the vessel is not in compliance with any regulation, law or treaty;
(b) The District Commander or Captain of the Port determines that the vessel does not satisfy the conditions for vessel operation and cargo transfers specified in § 160.113; or
(c) The District Commander or Captain of the Port has determined that such order is justified in the interest of safety by reason of weather, visibility, sea conditions, temporary port congestion, other temporary hazardous circumstances, or the condition of the vessel.
Notes of Decisions
Cited in 3
cases, 1991–2015 · leading case: Deutsche Shell Tanker-Gesellschaft mbH v. Placid Refining Co., 767 F. Supp. 762 (E.D. La. 1991).
Deutsche Shell Tanker-Gesellschaft mbH v. Placid Refining Co., 767 F. Supp. 762 (E.D. La. 1991). “The Captain of the Port, under authority of 33 CFR 160.111 orders your vessel not to depart the Port of New Orleans.”
Martin Operating P'ship v. United States, 119 F. Supp. 3d 566 (S.D. Tex. 2014). “” 33 C.F.R. § 160.111 (c). Additionally, 33 C.”
Martin Operating P'ship, L.P. v. United States, 616 F. App'x 688 (5th Cir. 2015). “The COMDTINST, which is incorporated by reference into the MSM, “outlines procedures and responsibilities to implement” the standardized ORM policy but does not appear to be self-implementing.”
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