46 U.S.C. § 6101 — Marine casualties and reporting

Page 121 TITLE 46—SHIPPING § 6101 vessels occurring anywhere in the world and any for- eign flag vessel operating on waters subject to the ju- risdiction of the United States. Editorial Notes AMENDMENTS 1988—Pub. L. 100–424, § 4(c), Sept. 9, 1988, 102 Stat. 1591, added item 6104. § 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 re- quire 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 seaworthi- ness 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) NOTICE TO STATE AND TRIBAL GOVERN- MENTS.—Not later than 24 hours after receiving a notice of a major marine casualty under this section, the Secretary shall notify each State or federally recognized Indian tribe that is, or may reasonably be expected to be, affected by such marine casualty. (d)(1) This part applies to a foreign vessel when involved in a marine casualty on the navi- gable waters of the United States. (2) This part applies, to the extent consistent with generally recognized principles of inter- national 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 cas- ualty 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 accord- ing to the gravity of the casualty, as prescribed by regulation, giving consideration to the ex- tent 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 lon- gitude, 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 mar- keted in the United States. (2) When there is a marine casualty described in paragraph (1) of this subsection and an inves- tigation 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 Sec- retary 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) To the extent consistent with generally recognized practices and procedures of inter- national law, this part applies to a foreign ves- sel involved in a marine casualty or incident, as defined in the International Maritime Organiza- tion Code for the Investigation of Marine Cas- ualties 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. (h) The Secretary shall publish all major ma- rine casualty reports prepared in accordance with this section in an electronic form, and shall provide information electronically regard- ing how other marine casualty reports can be obtained. (i) For purposes of this section, the term ‘‘major marine casualty’’ means a casualty in- volving a vessel, other than a public vessel, that results in— (1) the loss of 6 or more lives; (2) the loss of a mechanically propelled ves- sel of 100 or more gross tons; (3) property damage initially estimated at $2,000,000 or more; or (4) serious threat, as determined by the Commandant with concurrence by the Chair- man of the National Transportation Safety Board, to life, property, or the environment by hazardous materials. (j) The Secretary shall publish all marine cas- ualty reports prepared in accordance with this section in an electronic form. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 536; Pub. L. 98–498, title II, § 212(b)(1), Oct. 19, 1984, 98 Stat. 2306; Pub. L. 98–557, § 7(b)(1), Oct. 30, 1984, 98 Stat. 2862; Pub. L. 101–380, title IV, § 4106(b), Aug. 18, 1990, 104 Stat. 513; Pub. L. 102–241, § 33, Dec. 19, 1991, 105 Stat. 2222; Pub. L. 107–295, title IV, §§ 423, 442(a), Nov. 25, 2002, 116 Stat. 2125, 2132; Pub. L. 109–241, title IX, § 901(o), July 11, 2006, 120 Stat. 565; Pub. L. 109–304, § 15(21), Oct. 6, 2006, 120 Stat. 1704; Pub. L. 110–181, div. C, title XXXV, § 3529(c)(1), Jan. 28, 2008, 122 Stat. 603; Pub. L. 113–281, title III, § 312, Dec. 18, 2014, 128 Stat. 3048; Pub. L. 115–232, div. C, title XXXV, §§ 3541(b)(11), 3546(d), Aug. 13, 2018, 132 Stat. 2323, 2326; Pub. L. 115–265, title II, § 211, Oct. 11, 2018, 132 Stat. 3749.) 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 Page 122 TITLE 46—SHIPPING § 6102 casualties to be reported must include casualties in- volving death to an individual, serious injury to an in- dividual, material loss of property, and any damage af- fecting 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 sub- section (a) or by regulation. Subsection (c) requires the owner, charterer, man- aging operator, or agent of a U.S. vessel to imme- diately determine the status of their vessel if they have not heard from the vessel, if it has not passed a sched- uled 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 indi- cates the vessel was involved in a casualty, then the owner, charterer, or agent of the vessel must imme- diately notify the Coast Guard under subsection (b). Notification to the Coast Guard does not impose or cre- ate any additional responsibility for the Coast Guard to take search and rescue action beyond those already ex- isting under title 14, United States Code. Subsection (d) makes it clear that the reporting re- quirements under subsection (b) are applicable to for- eign vessels involved in a marine casualty when oper- ating on the navigable waters of the United States, whether in innocent passage or not. Subsection (e) provides for the classification of ma- rine casualties by regulation according to the gravity of the casualty, injuries to individuals, property dam- age, dangers created, and size, occupation, and means of propulsion of each vessel. Editorial Notes AMENDMENTS 2018—Subsec. (i)(3). Pub. L. 115–265 substituted ‘‘$2,000,000’’ for ‘‘$500,000’’. Subsec. (i)(4). Pub. L. 115–232, § 3541(b)(11), struck out ‘‘of the Coast Guard’’ after ‘‘Commandant’’. Subsec. (j). Pub. L. 115–232, § 3546(d), struck out ‘‘, as soon as possible, and no later than January 1, 2005,’’ after ‘‘The Secretary shall’’. 2014—Subsec. (c). Pub. L. 113–281, § 312(1), added sub- sec. (c). Subsecs. (h), (i). Pub. L. 113–281, § 312(2), in subsec. (h), struck out ‘‘(1)’’ before ‘‘The Secretary’’ and redesig- nated par. (2) as subsec. (i) and, in subsec. (i), sub- stituted ‘‘section’’ for ‘‘paragraph’’ in introductory pro- visions and redesignated former subpars. (A) to (D) as pars. (1) to (4), respectively. Former subsec. (i) redesig- nated (j). Subsec. (j). Pub. L. 113–281, § 312(3), resesignated sub- sec. (i) as (j). 2008—Subsecs. (g) to (i). Pub. L. 110–181 repealed Pub. L. 109–304, § 15(21). See 2006 Amendment notes below. 2006—Subsecs. (g) to (i). Pub. L. 109–304, § 15(21), which directed amendment identical to that made by Pub. L. 109–241, was repealed by Pub. L. 110–181. See Construc- tion of 2006 Amendment note below. Pub. L. 109–241 redesignated the second subsec. (g), re- lating to electronic publishing of marine casualty re- ports, and subsec. (h) as subsecs. (h) and (i), respec- tively. 2002—Subsecs. (e), (f). Pub. L. 107–295, § 423(1), redesig- nated subsec. (e), relating to passenger vessel inves- tigations, as subsec. (f). Subsec. (g). Pub. L. 107–295, § 442(a), added subsec. (g) relating to electronic publishing of marine casualty re- ports. Pub. L. 107–295, § 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, § 442(a), added subsec. (h). 1991—Subsec. (e). Pub. L. 102–241 added subsec. (e) re- lating to passenger vessel investigations. 1990—Subsec. (a)(5). Pub. L. 101–380, § 4106(b)(1), added par. (5). Subsec. (d). Pub. L. 101–380, § 4106(b)(2), designated ex- isting provisions as par. (1) and added par. (2). 1984—Subsec. (a). Pub. L. 98–498, § 212(b)(1)(A), struck out ‘‘and incidents’’ after ‘‘marine casualties’’ in provi- sions 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, § 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–295, title IV, § 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 en- actment 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. CONSTRUCTION OF 2006 AMENDMENT Provisions of Pub. L. 109–304 repealed by section 3529(c)(1) of Pub. L. 110–181 to be treated as if never en- acted, see section 3529(c)(2) of Pub. L. 110–181, set out as a note under section 9504 of Title 26, Internal Revenue Code. 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 6102. State marine casualty reporting system (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 statis- tics on casualties reported to the State, includ- ing 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 ap- propriate. If a State marine casualty reporting system provides that information derived from casualty reports (except statistical information) may not be publicly disclosed, or otherwise pro- hibits use by the State or any person in any ac-