[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of Octobery 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR4.01-1]

[Page 39-40]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 4_MARINE CASUALTIES AND INVESTIGATIONS--Table of Contents
 
             Subpart 4.01_Authority and Scope of Regulations
 
Sec. 4.01-1  Scope of regulation.




             Subpart 4.01_Authority and Scope of Regulations

Sec.
4.01-1 Scope of regulation.
4.01-3 Reporting exclusion.

                        Subpart 4.03_Definitions

4.03-1 Marine casualty or accident.
4.03-2 Serious marine incident.
4.03-4 Individual directly involved in a serious marine incident.
4.03-5 Medical facility.
4.03-6 Qualified medical personnel.
4.03-7 Chemical test.
4.03-10 Party in interest.
4.03-15 Commandant.
4.03-20 Coast Guard district.
4.03-25 District Commander.
4.03-30 Investigating officer.
4.03-35 Nuclear vessel.
4.03-40 Public vessels.
4.03-45 Marine employer.
4.03-50 Recreational vessel.
4.03-55 Law enforcement officer.

            Subpart 4.04_Notice of Potential Vessel Casualty

4.04-1 Reports of potential vessel casualty.
4.04-3 Reports of lack of vessel communication.
4.04-5 Substance of reports.

        Subpart 4.05_Notice of Marine Casualty and Voyage Records

4.05-1 Notice of marine casualty.
4.05-5 Substance of marine casualty notice.
4.05-10 Written report of marine casualty.
4.05-12 Alcohol or drug use by individuals directly involved in 
          casualties.
4.05-15 Voyage records, retention of.
4.05-20 Report of accident to aid to navigation.
4.05-25 Reports when state of war exists.
4.05-30 Incidents involving hazardous materials.
4.05-35 Incidents involving nuclear vessels.
4.05-40 Alternate electronic means of reporting.

    Subpart 4.06_Mandatory Chemical Testing Following Serious Marine 
            Incidents Involving Vessels in Commercial Service

4.06-1 Responsibilities of the marine employer.
4.06-5 Responsibilities of individuals directly involved in serious 
          marine incidents.
4.06-10 Required specimens.
4.06-20 Specimen collection requirements.
4.06-30 Specimen collection in incidents involving fatalities.
4.06-40 Specimen handling and shipping.
4.06-50 Specimen analysis and follow-up procedures.
4.06-60 Submission of reports and test results.

                       Subpart 4.07_Investigations

4.07-1 Commandant or District Commander to order investigation.
4.07-5 Investigating officers, powers of.
4.07-7 Opening statement.
4.07-10 Report of investigation.
4.07-15 Recommendations, action on.
4.07-20 Transfer of jurisdiction.
4.07-25 Testimony of witnesses in other districts, depositions.
4.07-30 Testimony of witnesses under oath.
4.07-35 Counsel for witnesses and parties in interest.
4.07-45 Foreign units of Coast Guard, investigation by.
4.07-55 Information to be furnished Marine Board of Investigation.

               Subpart 4.09_Marine Board of Investigation

4.09-1 Commandant to designate.

[[Page 40]]

4.09-5 Powers of Marine Board of Investigation.
4.09-10 Witnesses, payment of.
4.09-15 Time and place of investigation, notice of; rights of witnesses, 
          etc.
4.09-17 Sessions to be public.
4.09-20 Record of proceedings.
4.09-25 U.S. Attorney to be notified.
4.09-30 Action on report.
4.09-35 Preferment of charges.

                 Subpart 4.11_Witnesses and Witness Fees

4.11-1 Employees of vessels controlled by Army or Navy as witnesses.
4.11-5 Coercion of witnesses.
4.11-10 Witness fees and allowances.

        Subpart 4.12_Testimony by Interrogatories and Depositions

4.12-1 Application, procedure, and admissibility.

                  Subpart 4.13_Availability of Records

4.13-1 Public availability of records.

     Subpart 4.19_Construction of Regulations and Rules of Evidence

4.19-1 Construction of regulations.
4.19-5 Adherence to rules of evidence.

                    Subpart 4.21_Computation of Time

4.21-1 Computation of time.

               Subpart 4.23_Evidence of Criminal Liability

4.23-1 Evidence of criminal liability.

  Subpart 4.40_Coast Guard_National Transportation Safety Board Marine 
                         Casualty Investigations

4.40-1 Purpose.
4.40-3 Relationship to Coast Guard marine investigation regulations and 
          procedures.
4.40-5 Definitions.
4.40-10 Preliminary investigation by the Coast Guard.
4.40-15 Marine casualty investigation by the Board.
4.40-20 Cause or probable cause determinations from Board investigation.
4.40-25 Coast Guard marine casualty investigation for the Board.
4.40-30 Procedures for Coast Guard investigation.
4.40-35 Records of the Coast Guard and the Board.

    Authority: 33 U.S.C. 1231; 43 U.S.C. 1333; 46 U.S.C. 2103, 2306, 
6101, 6301, 6305; 50 U.S.C. 198; Department of Homeland Security 
Delegation No. 0170.1. Authority for subpart 4.40: 49 U.S.C. 
1903(a)(1)(E).

    Source: CGD 74-119, 39 FR 33317, Sept. 17, 1974, unless otherwise 
noted.



    The regulations in this part govern the reporting of marine 
casualties, the investigation of marine casualties and the submittal of 
reports designed to increase the likelihood of timely assistance to 
vessels in distress.

[CGD 85-015, 51 FR 19341, May 29, 1986]