StatA

Coast Guard, DHS

§ 4.05–10

than 48 hours have passed since receiving communication from the vessel.
This notification shall be given to the
Coast Guard district RCC cognizant
over the area the vessel was last operating in.

worthiness or fitness for service or
route, including but not limited to fire,
flooding, or failure of or damage to
fixed fire-extinguishing systems, lifesaving equipment, auxiliary power-generating equipment, or bilge-pumping
systems;
(5) A loss of life;
(6) An injury that requires professional medical treatment (treatment
beyond first aid) and, if the person is
engaged or employed on board a vessel
in commercial service, that renders the
individual unfit to perform his or her
routine duties; or
(7) An occurrence causing propertydamage in excess of $25,000, this damage including the cost of labor and material to restore the property to its
condition before the occurrence, but
not including the cost of salvage,
cleaning, gas-freeing, drydocking, or
demurrage.
(b) Notice given as required by 33
CFR 160.215 satisfies the requirement of
this section if the marine casualty involves a hazardous condition as defined
by 33 CFR 160.203.

(Information collection requirements approved by the Office of Management and
Budget under control number 2115–0551)

§ 4.04–5 Substance of reports.
The owner, charterer, managing operator or agent, notifying the Coast
Guard under § 4.04–1 or § 4.04–3, shall:
(a) Provided the name and identification number of the vessel, the names of
the individuals on board, and other information that may be requested by
the Coast Guard (when providing the
names of the individuals on board for a
passenger vessel, the list of passengers
need only meet the requirements of 46
U.S.C. 3502); and
(b) Submit written confirmation of
that notice to the Coast Guard facility
that the notice was given to within 24
hours.
(Information collection requirements approved by the Office of Management and
Budget under control number 2115–0551)

[CGD 94–030, 59 FR 39471, Aug. 3, 1994]

§ 4.05–5 Substance of marine casualty
notice.

Subpart 4.05—Notice of Marine
Casualty and Voyage Records

The notice required in § 4.05–1 must
include the name and official number
of the vessel involved, the name of the
vessel’s owner or agent, the nature and
circumstances of the casualty, the locality in which it occurred, the nature
and extent of injury to persons, and the
damage to property.

§ 4.05–1 Notice of marine casualty.
(a) Immediately after the addressing
of resultant safety concerns, the
owner, agent, master, operator, or person in charge, shall notify the nearest
Marine Safety Office, Marine Inspection Office or Coast Guard Group Office
whenever a vessel is involved in a marine casualty consisting in—
(1) An unintended grounding, or an
unintended strike of (allison with) a
bridge;
(2) An intended grounding, or an intended strike of a bridge, that creates
a hazard to navigation, the environment, or the safety of a vessel, or that
meets any criterion of paragraphs (a)
(3) through (7);
(3) A loss of main propulsion, primary steering, or any associated component or control system that reduces
the maneuverability of the vessel;
(4) An occurrence materially and adversely affecting the vessel’s sea-

[CGD 76–170, 45 FR 77441, Nov. 24, 1980]

§ 4.05–10 Written report of marine casualty.
(a) The owner, agent, master, operator, or person in charge shall, within
five days, file a written report of any
marine casualty required to be reported under § 4.05–1. This written report is in addition to the immediate
notice required by § 4.05–1. This written
report must be delivered to a Coast
Guard Marine Safety Office or Marine
Inspection Office. It must be provided
on Form CG–2692 (Report of Marine Accident, Injury or Death), supplemented
as necessary by appended Forms CG–
2692A (Barge Addendum) and CG–2692B

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§ 4.05–12

46 CFR Ch. I (10–1–03 Edition)

(Report of Required Chemical Drug and
Alcohol Testing Following a Serious
Marine Incident).
(b) If filed without delay after the occurrence of the marine casualty, the
report required by paragraph (a) of this
section suffices as the notice required
by § 4.05–1(a).

work books, compass deviation cards,
gyro records, stowage plans, records of
draft, aids to mariners, night order
books, radiograms sent and received,
radio logs, crew and passenger lists, articles of shipment, official logs and
other material which might be of assistance in investigating and determining the cause of the casualty. The
owner, agent, master, other officer or
person responsible for the custody
thereof, shall make these records available upon request, to a duly authorized
investigating officer, administrative
law judge, officer or employee of the
Coast Guard.
(b) The investigating officer may
substitute photostatic copies of the
voyage records referred to in paragraph
(a) of this section when they have
served their purpose and return the
original records to the owner or owners
thereof.

[CGD 94–030, 63 FR 19192, Apr. 17, 1998]

§ 4.05–12 Alcohol or drug use by individuals directly involved in casualties.
(a) For each marine casualty required to be reported by § 4.05–10, the
marine employer shall determine
whether there is any evidence of alcohol or drug use by individuals directly
involved in the casualty.
(b) The marine employer shall include in the written report, Form CG–
2692, submitted for the casualty information which:
(1) Identifies those individuals for
whom evidence of drug or alcohol use,
or evidence of intoxication, has been
obtained; and,
(2) Specifies the method used to obtain such evidence, such as personal
observation of the individual, or by
chemical testing of the individual.
(c) An entry shall be made in the official log book, if carried, pertaining to
those individuals for whom evidence of
intoxication is obtained. The individual must be informed of this entry
and the entry must be witnessed by a
second person.
(d) If an individual directly involved
in a casualty refuses to submit to, or
cooperate in, the administration of a
timely chemical test, when directed by
a law enforcement officer or by the marine employer, this fact shall be noted
in the official log book, if carried, and
in the written report (Form CG–2692),
and shall be admissible as evidence in
any administrative proceeding.

§ 4.05–20 Report of accident to aid to
navigation.
Whenever a vessel collides with a
buoy, or other aid to navigation under
the jurisdiction of the Coast Guard, or
is connected with any such collision, it
shall be the duty of the person in
charge of such vessel to report the accident to the nearest Officer in Charge,
Marine Inspection. No report on Form
CG–2692 is required unless one or more
of the results listed in § 4.05–1 occur.
[CGD 74–119, 39 FR 33317, Sept. 17, 1974, as
amended by CGD 88–070, 53 FR 34533, Sept. 7,
1988]

§ 4.05–25
ists.

Reports when state of war ex-

During the period when a state of war
exists between the United States and
any foreign nation, communications in
regard to casualties or accidents shall
be handled with caution and the reports shall not be made by radio or by
telegram.

[CGD 84–099, 52 FR 47534, Dec. 14, 1987]

§ 4.05–30 Incidents
involving
ardous materials.

§ 4.05–15 Voyage records, retention of.
(a) The owner, agent, master, or person in charge of any vessel involved in
a marine casualty shall retain such
voyage records as are maintained by
the vessel, such as both rough and
smooth deck and engine room logs, bell
books, navigation charts, navigation

When a casualty occurs involving
hazardous materials, notification and a
written report to the Department of
Transportation may be required. See 49
CFR 171.15 and 171.16.
[CGD 76–170, 45 FR 77441, Nov. 24, 1980]

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