US (United States) Code. Title 46. Subtitle II. Part D. Chapter 61: Reporting marine casualties

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Shipping

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-CITE-

46 USC CHAPTER 61 - REPORTING MARINE CASUALTIES 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part D - Marine Casualties

CHAPTER 61 - REPORTING MARINE CASUALTIES

-HEAD-

CHAPTER 61 - REPORTING MARINE CASUALTIES

-MISC1-

Sec.

6101. Marine casualties and reporting.

6102. State marine casualty reporting system.

6103. Penalty.

6104. Commercial fishing industry vessel casualty

statistics.

HISTORICAL AND REVISION NOTES

Chapter 61 provides for the reporting of marine casualties and

incidents involving all United States flag vessels occurring

anywhere in the world and any foreign flag vessel operating on

waters subject to the jurisdiction of the United States.

AMENDMENTS

1988 - Pub. L. 100-424, Sec. 4(c), Sept. 9, 1988, 102 Stat. 1591,

added item 6104.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 13102 of this title.

-End-

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46 USC Sec. 6101 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part D - Marine Casualties

CHAPTER 61 - REPORTING MARINE CASUALTIES

-HEAD-

Sec. 6101. Marine casualties and reporting

-STATUTE-

(a) The Secretary shall prescribe regulations on the marine

casualties to be reported and the manner of reporting. The

regulations shall require reporting the following marine

casualties:

(1) death of an individual.

(2) serious injury to an individual.

(3) material loss of property.

(4) material damage affecting the seaworthiness or efficiency

of the vessel.

(5) significant harm to the environment.

(b) A marine casualty shall be reported within 5 days as provided

in this part and regulations prescribed under this part. Each

report filed under this section shall include information as to

whether the use of alcohol contributed to the casualty.

[(c) Repealed. Pub. L. 98-498, title II, Sec. 212(b)(1)(B), Oct.

19, 1984, 98 Stat. 2306.]

(d)(1) This part applies to a foreign vessel when involved in a

marine casualty on the navigable waters of the United States.

(2) This part applies, to the extent consistent with generally

recognized principles of international law, to a foreign vessel

constructed or adapted to carry, or that carries, oil in bulk as

cargo or cargo residue involved in a marine casualty described

under subsection (a)(4) or (5) in waters subject to the

jurisdiction of the United States, including the Exclusive Economic

Zone.

(e) A marine casualty not resulting in the death of an individual

shall be classified according to the gravity of the casualty, as

prescribed by regulation, giving consideration to the extent of

injuries to individuals, the extent of property damage, the dangers

that the casualty creates, and the size, occupation, and means of

propulsion of each vessel involved.

(f)(1) This chapter applies to a marine casualty involving a

United States citizen on a foreign passenger vessel operating south

of 75 degrees north latitude, west of 35 degrees west longitude,

and east of the International Date Line; or operating in the area

south of 60 degrees south latitude that -

(A) embarks or disembarks passengers in the United States; or

(B) transports passengers traveling under any form of air and

sea ticket package marketed in the United States.

(2) When there is a marine casualty described in paragraph (1) of

this subsection and an investigation is conducted, the Secretary

shall ensure that the investigation -

(A) is thorough and timely; and

(B) produces findings and recommendations to improve safety on

passenger vessels.

(3) When there is a marine casualty described in paragraph (1) of

this subsection, the Secretary may -

(A) seek a multinational investigation of the casualty under

auspices of the International Maritime Organization; or

(B) conduct an investigation of the casualty under chapter 63

of this title.

(g) (!1) To the extent consistent with generally recognized

practices and procedures of international law, this part applies to

a foreign vessel involved in a marine casualty or incident, as

defined in the International Maritime Organization Code for the

Investigation of Marine Casualties and Incidents, where the United

States is a Substantially Interested State and is, or has the

consent of, the Lead Investigating State under the Code.

(g)(1) (!1) The Secretary shall publish all major marine casualty

reports prepared in accordance with this section in an electronic

form, and shall provide information electronically regarding how

other marine casualty reports can be obtained.

(2) For purposes of this paragraph, the term "major marine

casualty" means a casualty involving a vessel, other than a public

vessel, that results in -

(A) the loss of 6 or more lives;

(B) the loss of a mechanically propelled vessel of 100 or more

gross tons;

(C) property damage initially estimated at $500,000 or more; or

(D) serious threat, as determined by the Commandant of the

Coast Guard with concurrence by the Chairman of the National

Transportation Safety Board, to life, property, or the

environment by hazardous materials.

(h) The Secretary shall, as soon as possible, and no later than

January 1, 2005, publish all marine casualty reports prepared in

accordance with this section in an electronic form.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 536; Pub. L. 98-498, title

II, Sec. 212(b)(1), Oct. 19, 1984, 98 Stat. 2306; Pub. L. 98-557,

Sec. 7(b)(1), Oct. 30, 1984, 98 Stat. 2862; Pub. L. 101-380, title

IV, Sec. 4106(b), Aug. 18, 1990, 104 Stat. 513; Pub. L. 102-241,

Sec. 33, Dec. 19, 1991, 105 Stat. 2222; Pub. L. 107-295, title IV,

Secs. 423, 442(a), Nov. 25, 2002, 116 Stat. 2125, 2132.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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6101 46:239

46:1486

33:361

33:365

6101(b) 33:362

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Section 6101(a) requires the Secretary to prescribe regulations

on the types and manner of reporting of marine casualties to be

reported under subsection (b) and incidents to be reported under

subsection (c). The casualties to be reported must include

casualties involving death to an individual, serious injury to an

individual, material loss of property, and any damage affecting the

seaworthiness or efficiency of the vessel, in addition to the other

casualties (if any) the Secretary feels should be reported.

Subsection (b) requires the owner, charterer, agent, master,

operator, or individual in charge of a vessel to report within 5

days, any casualty required in subsection (a) or by regulation.

Subsection (c) requires the owner, charterer, managing operator,

or agent of a U.S. vessel to immediately determine the status of

their vessel if they have not heard from the vessel, if it has not

passed a scheduled point, or for any other reason which may

indicate the vessel may have been lost or imperiled. If the owner,

charterer, managing operator, or agent cannot reach the vessel and

determine that it is operating safely, then they shall immediately

notify the Coast Guard and provide the Coast Guard with the name

and number of the vessel, the names of individuals on board, and

any other information that the Coast Guard may request. If

communication with the vessel indicates the vessel was involved in

a casualty, then the owner, charterer, or agent of the vessel must

immediately notify the Coast Guard under subsection (b).

Notification to the Coast Guard does not impose or create any

additional responsibility for the Coast Guard to take search and

rescue action beyond those already existing under title 14, United

States Code.

Subsection (d) makes it clear that the reporting requirements

under subsection (b) are applicable to foreign vessels involved in

a marine casualty when operating on the navigable waters of the

United States, whether in innocent passage or not.

Subsection (e) provides for the classification of marine

casualties by regulation according to the gravity of the casualty,

injuries to individuals, property damage, dangers created, and

size, occupation, and means of propulsion of each vessel.

AMENDMENTS

2002 - Subsecs. (e), (f). Pub. L. 107-295, Sec. 423(1),

redesignated subsec. (e), relating to passenger vessel

investigations, as subsec. (f).

Subsec. (g). Pub. L. 107-295, Sec. 442(a), added subsec. (g)

relating to electronic publishing of marine casualty reports.

Pub. L. 107-295, Sec. 423(2), added subsec. (g) relating to

applicability of this part to a foreign vessel involved in a marine

casualty or incident.

Subsec. (h). Pub. L. 107-295, Sec. 442(a), added subsec. (h).

1991 - Subsec. (e). Pub. L. 102-241 added subsec. (e) relating to

passenger vessel investigations.

1990 - Subsec. (a)(5). Pub. L. 101-380, Sec. 4106(b)(1), added

par. (5).

Subsec. (d). Pub. L. 101-380, Sec. 4106(b)(2), designated

existing provisions as par. (1) and added par. (2).

1984 - Subsec. (a). Pub. L. 98-498, Sec. 212(b)(1)(A), struck out

"and incidents" after "marine casualties" in provisions preceding

par. (1).

Subsec. (b). Pub. L. 98-557 inserted provisions relating to

alcohol as a contributing factor to the casualty.

Subsec. (c). Pub. L. 98-498, Sec. 212(b)(1)(B), struck out

subsec. (c) which related to determination of status of a vessel

that may be lost or imperiled and notification of the Coast Guard.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-295, title IV, Sec. 442(b), Nov. 25, 2002, 116 Stat.

2132, provided that: "The amendment made by subsection (a)

[amending this section] applies to all marine casualty reports

completed after the date of enactment of this Act [Nov. 25, 2002]."

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-380 applicable to incidents occurring

after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out

as an Effective Date note under section 2701 of Title 33,

Navigation and Navigable Waters.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-498 effective 180 days after Oct. 1,

1984, see section 214 of Pub. L. 98-498, set out as an Effective

Date note under section 2306 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6103, 9101 of this title;

title 49 section 1133.

-FOOTNOTE-

(!1) So in original. Two subsecs. (g) have been enacted.

-End-

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46 USC Sec. 6102 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part D - Marine Casualties

CHAPTER 61 - REPORTING MARINE CASUALTIES

-HEAD-

Sec. 6102. State marine casualty reporting system

-STATUTE-

(a) The Secretary shall prescribe regulations for a uniform State

marine casualty reporting system for vessels. Regulations shall

prescribe the casualties to be reported and the manner of

reporting. A State shall compile and submit to the Secretary

reports, information, and statistics on casualties reported to the

State, including information and statistics concerning the number

of casualties in which the use of alcohol contributed to the

casualty.

(b) The Secretary shall collect, analyze, and publish reports,

information, and statistics on marine casualties together with

findings and recommendations the Secretary considers appropriate.

If a State marine casualty reporting system provides that

information derived from casualty reports (except statistical

information) may not be publicly disclosed, or otherwise prohibits

use by the State or any person in any action or proceeding against

a person, the Secretary may use the information provided by the

State only in the same way that the State may use the information.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 536; Pub. L. 98-557, Sec.

7(b)(2), Oct. 30, 1984, 98 Stat. 2862.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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6102 46:1486

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Section 6102(a) requires the Secretary to prescribe regulations

for a uniform State marine casualty reporting system for vessels.

The Secretary may limit the scope and types of casualties to be

investigated and reported by the State. It also requires the State

to submit to the Secretary reports, information, and statistics on

casualties reported to the State.

Subsection (b) requires the Secretary to analyze the information

that is received from the State. It also prohibits the Secretary

from disclosing the information, proceeding against any person

based on this information, or otherwise using the information, if

the State cannot use the information in the same way.

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-557 inserted provisions relating

to alcohol as a contributing factor to the casualty.

PLAN TO INCREASE MARINE CASUALTY REPORTING

Pub. L. 104-324, title III, Sec. 314(a), Oct. 19, 1996, 110 Stat.

3922, provided that: "Not later than one year after enactment of

this Act [Oct. 19, 1996], the Secretary of Transportation shall, in

consultation with appropriate State agencies, submit to the

Committee on Resources of the House of Representatives and the

Committee on Commerce, Science, and Transportation of the Senate a

plan to increase reporting of vessel accidents to appropriate State

law enforcement officials."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6103, 13102 of this

title.

-End-

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46 USC Sec. 6103 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part D - Marine Casualties

CHAPTER 61 - REPORTING MARINE CASUALTIES

-HEAD-

Sec. 6103. Penalty

-STATUTE-

(a) An owner, charterer, managing operator, agent, master, or

individual in charge of a vessel failing to report a casualty as

required under section 6101 of this title or a regulation

prescribed under section 6101 or 6102 is liable to the United

States Government for a civil penalty of not more than $25,000.

(b) A person failing to comply with section 6104 of this title or

a regulation prescribed under that section is liable to the

Government for a civil penalty of not more than $5,000.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 536; Pub. L. 98-498, title

II, Sec. 212(b)(2), Oct. 19, 1984, 98 Stat. 2306; Pub. L. 100-424,

Sec. 4(b), Sept. 9, 1988, 102 Stat. 1590; Pub. L. 104-324, title

III, Secs. 306(a), 314(b), Oct. 19, 1996, 110 Stat. 3918, 3922.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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6103 33:361

33:362

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Section 6103 provides for a civil penalty of $1,000 for any

owner, charterer, managing operator, agent, master, or individual

in charge of a vessel that fails to report a casualty required to

be reported under subsection (b) of section 6101 or an incident

required to be reported under subsection (c) of section 6101.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-324 inserted "or 6102" before "is

liable" and substituted "not more than $25,000" for "$1,000".

1988 - Pub. L. 100-424 designated existing provisions as subsec.

(a) and added subsec. (b).

1984 - Pub. L. 98-498 struck out "or incident" after "a

casualty".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-498 effective 180 days after Oct. 19,

1984, see section 214 of Pub. L. 98-498, set out as an Effective

Date note under section 2306 of this title.

-End-

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46 USC Sec. 6104 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part D - Marine Casualties

CHAPTER 61 - REPORTING MARINE CASUALTIES

-HEAD-

Sec. 6104. Commercial fishing industry vessel casualty statistics

-STATUTE-

(a) The Secretary shall compile statistics concerning marine

casualties from data compiled from insurers of fishing vessels,

fish processing vessels, and fish tender vessels.

(b) A person underwriting primary insurance for a fishing vessel,

fish processing vessel, or fish tender vessel shall submit

periodically to the Secretary data concerning marine casualties

that is required by regulations prescribed by the Secretary.

(c) After consulting with the insurance industry, the Secretary

shall prescribe regulations under this section to gather a

statistical base for analyzing vessel risks.

(d) The Secretary may delegate to a qualified person that has

knowledge and experience in the collection of statistical insurance

data the authority of the Secretary under this section to compile

statistics from insurers.

-SOURCE-

(Added Pub. L. 100-424, Sec. 4(a), Sept. 9, 1988, 102 Stat. 1590.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6103 of this title.

-End-