
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC6101]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                        Part D--Marine Casualties
 
                 CHAPTER 61--REPORTING MARINE CASUALTIES
 
Sec. 6101. Marine casualties and reporting

    (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    [(c) Repealed.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) \1\ 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.
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    \1\ So in original. Two subsecs. (e) have been enacted.
---------------------------------------------------------------------------
    (e)(1) \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.

(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.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
6101..............................  46:239
                                    46:1486
                                    33:361
                                    33:365
6101(b)...........................  33:362
------------------------------------------------------------------------

    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

    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 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 6103, 9101 of this title; 
title 49 section 1133.
