[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of October 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR4.05-2]

[Page 45-46]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 4_MARINE CASUALTIES AND INVESTIGATIONS--Table of Contents
 
        Subpart 4.05_Notice of Marine Casualty and Voyage Records
 
Sec. 4.05-2  Incidents involving foreign tank vessels.

    (a) Within the navigable waters of the United States, its 
territories, or possessions. The marine casualty reporting and 
investigation criteria of this part apply to foreign tank vessels 
operating on the navigable waters of the United States, its territories, 
or possessions. A written marine casualty report must be submitted under 
Sec. 4.05-10 of this chapter.
    (b) Outside the U.S. navigable waters and within the Exclusive 
Economic Zone (EEZ). The owner, agent, master, operator, or person in 
charge of a foreign tank vessel involved in a marine casualty must 
report under procedures detailed in 33 CFR 151.15, immediately after 
addressing resultant safety concerns, whenever the marine casualty 
involves, or results in--
    (1) Material damage affecting the seaworthiness or efficiency of the 
vessel; or
    (2) An occurrence involving significant harm to the environment as a 
result of a discharge, or probable discharge, resulting from damage to 
the vessel or its equipment. The factors

[[Page 46]]

you must consider to determine whether a discharge is probable include, 
but are not limited to--
    (i) Ship location and proximity to land or other navigational 
hazards;
    (ii) Weather;
    (iii) Tide current;
    (iv) Sea state;
    (v) Traffic density;
    (vi) The nature of damage to the vessel; and
    (vii) Failure or breakdown aboard the vessel, its machinery, or 
equipment.

[USCG-2000-6927, 70 FR 74676, Dec. 16, 2005]