CG-5437B Port State Control Report of Inspection

U.S. DEPARTMENT OF
HOMELAND SECURITY
U.S. COAST GUARD
CG-5437B Rev. (1/11)

U.S. COAST GUARD
PORT STATE CONTROL REPORT OF INSPECTION - FORM B
(CG-5437B)
INSTRUCTIONS

The Port State Control Report of Inspection - FORM B is intended to accompany the Port State Control Report of Inspection
- FORM A and provide documentation to the various parties associated with a foreign vessel and other port States on the
outcome of an International Ship & Port Facility Security (ISPS) Code compliance verification exam and/or Port State Control
(PSC) safety examination conducted by the U.S. Coast Guard. A Report of Inspection - FORM B, shall be completed for all
ISPS and PSC exams when deficiencies have been identified.
The following guidance is provided for completing the FORM B.
Blocks 1-5: Shall be the same information that is included on the Form A.
Block 6 – Use current list of deficiency codes promulgated by COMDT CG-5432. The most updated deficiency codes will
be posted on http://cgportal.uscg.mil/lotus/myquickr/foreign-vessel-inspections. Complete all columns for each deficiency
listed. Group deficiencies by order of severity (i.e. Code 20, 25 and 30 items first, Code 17 items next, etc.). Place any
33 CFR items and ILO items at the end of the Form B (note 33 CFR items and ILO items are not detainable items under
IMO instruments.) Supervisors shall review all deficiencies to ensure the deficiencies listed warrant the control actions
imposed.
Copies should be provided to the vessel, flag State and/or Recognized Organization (RO)/Recognized Security
Organization (RSO) only after it has been signed by the Master or vessel representative and the PSCO.
In the event of a detention, expulsion or denial of entry; provide a copy (fax or email) of Forms A and B to the flag State,
owner/operator/charterer, RO, RSO and classification society as applicable after the supervisor has reviewed and signed the
forms. Include the scanned forms in MISLE under the Documents tab and email them to CG-5432 at [email protected] with
the return receipt option checked. Include a comment in the email if more than one major control action was applied
(i.e. detained, expelled, denied entry). Also specify the number of CG detentions the vessel has had over the last 12 months.
The „action taken‟ column should be completed using the “Action Taken Codes” on the bottom of Form B.
Deficiency Writing:
For all deficiencies the description of the deficiency must be a direct and succinct statement that shall contain two
important elements:
1) The standard the ship does not meet;
2) A description of why the ship does not meet the standard.

Deficiency Assigned a Code 20, 25 or 30:
The report must clearly articulate the reasons for detaining, expelling from port, or denying entry to port a substandard
vessel for maritime security, safety and environmental compliance deficiencies. To accomplish this, the report must
outline a deficiency description that shows substandard conditions and list appropriate authority under the international
conventions for each deficiency to support the action taken.
Since this form aligns with international standards, IMO convention cites shall have first priority on Form B. ILO and CFR
cites should not be used in lieu of IMO convention cites and when necessary, they should be used sparingly. If a vessel
violates applicable domestic regulations, COTP authority/ procedures should be used as appropriate (restrict cargo ops,
detain, deny entry or expel from port, etc.) and a NOV or civil penalty should be processed.
Note: A vessel with multiple safety related deficiencies, none of which merit detention or other major control action, but
collectively make the vessel substandard with respect to the international conventions may warrant a detention. To help
determine if a detention is warranted, an ISM expanded exam should be completed as multiple deficiencies indicate the
safety management system (SMS) may not be effectively implemented, or that other deficiencies exist with the SMS not
meeting the requirements of the ISM code.
U.S. Dept. of Homeland Security, USCG, CG-5437B (Rev. 1/11)

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MISLE Activity Number

Port State Control Report of Inspection- Form B

U.S. DEPARTMENT OF
HOMELAND SECURITY
U.S. COAST GUARD
CG-5437B Rev. (1/11)

In accordance with IMO Port State Control Procedures [Resolution A.787(19), as
amended by Resolution A.882(21)] and the International Ship & Port Facility Security
(ISPS) Code)

Exam Type

1. Reporting Country: United States of America
2. Name of Ship:

3. IMO Number:

4. Date of Inspection:

5. Place of Inspection:
1

6. Nature of Deficiency :
No.

Code

Description

Cite (Convention)

(Action taken)

2

Copy provided to:
(printed name of Master/Vessel representative)

(Signature)

(printed name of duly authorized PSCO of reporting authority)

(Signature)

Name of PSCO:
Issuing Unit Name and Address:

Copies forwarded to:
Check as appropriate
Agent
Flag State
Recognized Organization
Recognized Security Organization
Ship Management

Reviewed by Supervisor:
(print name, sign and date)

This examination was not a full survey and deficiencies listed may not be all inclusive. In the event of a detention, it is recommended that a full survey is carried out with all
deficiencies rectified before requesting a post-detention exam by the Coast Guard.

2 Codes for action taken, see below: (Note: code numbers are derived from international harmonization; U.S. uses similar codes and those are reflected below.)
10

Deficiency Rectified

17

Rectify deficiencies prior to departure

20

Ship expelled

15

Rectify deficiencies by next port

60

Rectify deficiencies prior to movement

25

Ship denied entry

16

Rectify deficiencies within 14 days

40

Rectify deficiencies prior to next US port after sailing foreign

a.

To the satisfaction of RO/RSO

50

Rectify deficiencies within 30 days

30

Ship detained

b.

To the satisfaction of the Administration

c.

To the satisfaction of the Coast Guard

U.S. Dept. of Homeland Security, USCG, CG-5437B (Rev. 1/11)

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Appeal Procedures
(Reference: Title 46, Code of Federal Regulations, Subpart 1.03)
Any person directly affected by a decision or wishing to dispute the validity of a PSC action or their association with an
IMO reportable control action should follow the appeal procedures contained in 46 CFR 1.03 and as outlined below:
Detentions (Safety and/or Security) not related with RO/RSO/Charterer
1) Appeals must be submitted in writing within 30 days after the decision or action being appealed was made. The
appeal must contain a description of the decision or action appealed and the reason why the decision or action should
be set aside or revised.
2) All IMO reportable control action appeals must be submitted first to the cognizant Officer in Charge of Marine
Inspection (OCMI) for reconsideration. The issuing unit‟s name/address is located in the bottom left corner of the
Form A.
3) If not satisfied by the decision or action of an OCMI after requesting reconsideration, a formal appeal of that
decision or action may be made within 30 days, via the office of the cognizant OCMI, to the District Commander of the
district in which the office of the cognizant OCMI is located.
4) If not satisfied by the District Commander‟s decision or action on appeal, a formal appeal of that decision or action
may be made within 30 days, via the office of the cognizant District Commander to Commandant (CG-543).
5)

Commandant (CG-543) is final agency action on the appeal.

RO/RSO/Charterer Related Detentions (Safety and Security)
1) Any RO/RSO/Charterer wishing to dispute their association with a detention must make their appeal in writing
within 30 days after the last administrative action is taken by the Coast Guard DIRECTLY to Commandant (CG-5432)
at the following address:
United States Coast Guard Headquarters

COMMANDANT (CG-5432)

Attn: Foreign and Offshore Vessel Compliance Division

nd
2100 2 Street SW Stop 7581

Washington, DC 20593-7581

Or

Email: [email protected]

U.S. COAST GUARD PORT STATE CONTROL
For information on the U.S. Coast Guard‟s Port State Control (PSC) Program, you may visit our website at:
http://homeport.uscg.mil/psc

U.S. Dept. of Homeland Security, USCG, CG-5437B (Rev. 1/11)

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