1625-NEW Stat/Authority

Page 89

§ 6102

TITLE 46—SHIPPING
HISTORICAL AND REVISION NOTES

Revised section

Source section (U.S. Code)

6101 ..............................................

6101(b) .........................................

46:239
46:1486
33:361
33:365
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
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 Construction of 2006 Amendment note below.
Pub. L. 109–241 redesignated the second subsec. (g), relating to electronic publishing of marine casualty reports, and subsec. (h) as subsecs. (h) and (i), respectively.
2002—Subsecs. (e), (f). Pub. L. 107–295, § 423(1), redesignated subsec. (e), relating to passenger vessel investigations, as subsec. (f).
Subsec. (g). Pub. L. 107–295, § 442(a), added subsec. (g)
relating to electronic publishing of marine casualty reports.
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) relating 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 existing 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 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, § 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, § 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.
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 enacted, 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 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.

§ 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 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 536; Pub. L.
98–557, § 7(b)(2), Oct. 30, 1984, 98 Stat. 2862.)

§ 6103

TITLE 46—SHIPPING
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

6102 ..............................................

46:1486

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, § 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
[now Committee on Natural 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.’’

Page 90

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.

§ 6104. Commercial fishing industry vessel casualty statistics
(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.
(Added Pub. L. 100–424, § 4(a), Sept. 9, 1988, 102
Stat. 1590.)
CHAPTER 63—INVESTIGATING MARINE
CASUALTIES
Sec.

§ 6103. Penalty
(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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 536; Pub. L.
98–498, title II, § 212(b)(2), Oct. 19, 1984, 98 Stat.
2306; Pub. L. 100–424, § 4(b), Sept. 9, 1988, 102 Stat.
1590; Pub. L. 104–324, title III, §§ 306(a), 314(b),
Oct. 19, 1996, 110 Stat. 3918, 3922.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

6103 ..............................................

33:361
33:362

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’’.

6301.
6302.
6303.
6304.
6305.
6306.
6307.
6308.

Investigation of marine casualties.
Public investigations.
Rights of parties in interest.
Subpena authority.
Reports of investigations.
Penalty.
Notifications to Congress.
Information barred in legal proceedings.
HISTORICAL AND REVISION NOTES

Chapter 63 sets forth the scope and procedures for the
investigation of marine casualties and incidents that
are required to be reported by Chapter 61, as well as the
rights of parties involved in a casualty.
AMENDMENTS
1996—Pub. L. 104–324, title III, § 313(b), Oct. 19, 1996, 110
Stat. 3922, added item 6308.

§ 6301. Investigation of marine casualties
The Secretary shall prescribe regulations for
the immediate investigation of marine casualties under this part to decide, as closely as possible—
(1) the cause of the casualty, including the
cause of any death;
(2) whether an act of misconduct, incompetence, negligence, unskillfulness, or willful
violation of law committed by any individual
licensed, certificated, or documented under
part E of this subtitle has contributed to the
cause of the casualty, or to a death involved in
the casualty, so that appropriate remedial action under chapter 77 of this title may be
taken;
(3) whether an act of misconduct, incompetence, negligence, unskillfulness, or willful
violation of law committed by any person, including an officer, employee, or member of the