Home
gpo.gov
govinfo.gov

e-CFR Navigation Aids

Browse

Simple Search

Advanced Search

 — Boolean

 — Proximity

 

Search History

Search Tips

Corrections

Latest Updates

User Info

FAQs

Agency List

Incorporation By Reference

eCFR logo

Related Resources

Electronic Code of Federal Regulations

We invite you to try out our new beta eCFR site at https://ecfr.federalregister.gov. We have made big changes to make the eCFR easier to use. Be sure to leave feedback using the Feedback button on the bottom right of each page!

e-CFR data is current as of December 3, 2020

Title 46Chapter ISubchapter KPart 122 → Subpart B


Title 46: Shipping
PART 122—OPERATIONS


Subpart B—Marine Casualties and Voyage Records


Contents
§122.202   Notice of marine casualty.
§122.203   Notice of hazardous conditions.
§122.206   Written report of marine casualty.
§122.208   Accidents to machinery.
§122.210   Alcohol or drug use by individuals directly involved in casualties.
§122.212   Mandatory chemical testing following serious marine incidents.
§122.220   Records of a voyage resulting in a marine casualty.
§122.230   Report of accident to aid to navigation.
§122.260   Reports of potential vessel casualty.
§122.280   Official logbook for foreign voyages.
§122.282   Logbook for vessels of more than 19.8 meters (65 feet) in length with overnight accommodations for more than 49 passengers.

return arrow Back to Top

§122.202   Notice of marine casualty.

(a) Immediately after addressing resultant safety concerns, the owner, agent, master, or person in charge of a vessel involved in a marine casualty shall notify the nearest Sector Office, Marine Inspection Office, or Coast Guard Group Office whenever a vessel is involved in a marine casualty consisting of:

(1) An unintended grounding, or an unintended strike of (allision with) a bridge:

(2) An intended grounding, or an intended strike of a bridge, that creates a hazard to navigation, the environment, or the safety of a vessel, or that meets any criterion of paragraphs (a)(3) through (a)(7) of this section;

(3) Loss of main propulsion or primary steering, or any associated component or control system, that reduces the maneuverability of the vessel;

(4) An occurrence materially and adversely affecting the vessel's seaworthiness or fitness for service or route, including but not limited to fire, flooding, failure of or damage to fixed fire extinguishing systems, lifesaving equipment, auxiliary power generating equipment, or bilge pumping systems;

(5) Loss of life;

(6) Injury that requires professional medical treatment (treatment beyond first aid) and, if the person is engaged or employed on board a vessel in commercial service, which renders the individual unfit to perform his or her routine duties; or

(7) An occurrence not meeting any of the above criteria but causing property damage in excess of $25,000. This damage includes the cost of labor and material to restore the property to its condition before the occurrence, but does not include the cost of salvage, cleaning, gas freeing, drydocking, or demurrage.

(b) A vessel is excluded from the requirements of paragraphs (a)(5) and (a)(6) of this section with respect to the death or injury of shipyard or harbor workers when such accidents are not the result of either a vessel casualty (e.g., collision) or a vessel equipment casualty (e.g., cargo boom failure) and are subject to the reporting requirements of the Occupational Safety and Health Administration (OSHA) in 29 Code of Federal Regulations (CFR) part 1904.

(c) Notice given as required by §122.203 satisfies the requirement of this section if the marine casualty involves a hazardous condition.

[CGD 85-080, 61 FR 935, Jan. 10, 1996, as amended by USCG-2006-25556, 72 FR 36330, July 2, 2007]

return arrow Back to Top

§122.203   Notice of hazardous conditions.

Whenever there is a hazardous condition, as defined by §114.400 of this chapter, on board the vessel, the owner, master, agent, or person in charge shall immediately notify the Captain of the Port of the port or place of destination and the Captain of the Port of the port or place in which the vessel is located of the hazardous condition.

return arrow Back to Top

§122.206   Written report of marine casualty.

(a) The owner, master, agent, or person in charge shall, within five days, file a written report of any marine casualty. This written report is in addition to the immediate notice required by §122.202. This written report must be delivered to a Coast Guard Sector Office, or Marine Inspection Office. It must be provided on Form CG-2692 (Report of Marine Accident, Injury, or Death), Supplemented as necessary by appended Forms CG-2692A (Barge Addendum) and CG-2692B (Report of Required Chemical Drug and Alcohol Testing Following a Serious Marine Incident).

(b) If filed without delay after the occurrence of the marine casualty, the notice required by paragraph (a) of this section suffices as the notice required by §122.202.

[CGD 85-080, 61 FR 935, Jan. 10, 1996, as amended by USCG-2006-25556, 72 FR 36330, July 2, 2007]

return arrow Back to Top

§122.208   Accidents to machinery.

The owner, managing operator, or master shall report damage to a boiler, unfired pressure vessel, or machinery that renders further use of the item unsafe until repairs are made, to the OCMI at the port in which the casualty occurred or nearest the port of first arrival, as soon as practicable after the damage occurs.

return arrow Back to Top

§122.210   Alcohol or drug use by individuals directly involved in casualties.

(a) For each marine casualty required to be reported by §122.202, the owner, agent, master, or person in charge of the vessel shall determine whether there is any evidence of alcohol or drug use by individuals directly involved in the casualty.

(b) The owner, agent, master, or person in charge of the vessel shall include in the written report (Form CG-2692), submitted for the casualty information which:

(1) Identifies those individuals for whom evidence of drug or alcohol use, or evidence of intoxication, has been obtained; and

(2) Specifies the method used to obtain such evidence, such as personal observation of the individual, or by chemical testing of the individual.

(c) An entry must be made in the Official Logbook, if carried, pertaining to those individuals for whom evidence of intoxication is obtained. The individual must be informed of this entry and the entry must be witnessed by a second person.

(d) If an individual directly involved in a casualty refuses to submit to, or cooperate in, the administration of a timely chemical test, when directed by a Coast Guard commissioned, warrant, or petty officer, or any other law enforcement officer authorized to obtain a chemical test under Federal, State, or local law, or by the owner, agent, master, or person in charge, this fact must be noted in the official Logbook, if carried, and in the written report (Form CG 2692), and will be admissible as evidence in any administrative proceeding.

return arrow Back to Top

§122.212   Mandatory chemical testing following serious marine incidents.

A marine employer whose vessel is involved in a casualty or incident that is, or is likely to become, a serious marine incident as defined in §4.03-2 in subchapter A of this chapter shall comply with the requirements of §4.06 in subchapter A of this chapter.

return arrow Back to Top

§122.220   Records of a voyage resulting in a marine casualty.

The owner, agent, master, or person in charge of any vessel involved in a marine casualty for which a report is required under §122.202 shall retain all voyage records maintained by the vessel, including rough and smooth deck and engine room logs, bell books, navigation charts, navigation work books, compass deviation cards, gyrocompass records, stowage plans, records of draft, aids to mariners, night order books, radiograms sent and received, radio logs, crew and passenger lists and counts, articles of shipment, official logs, and other material that might be of assistance in investigating and determining the cause of the casualty. The owner, agent, master, other officer, or person responsible for the custody thereof, shall make these records available upon request, to a duly authorized investigating officer, administrative law judge, officer or employee of the Coast Guard.

return arrow Back to Top

§122.230   Report of accident to aid to navigation.

Whenever a vessel collides with a buoy, or other aid to navigation under the jurisdiction of the Coast Guard, or is connected with any such collision, the person in charge of such vessel shall report the accident to the nearest OCMI. No report on Form CG 2692 is required unless otherwise required under §122.202 of this part.

return arrow Back to Top

§122.260   Reports of potential vessel casualty.

(a) An owner, charterer, managing operator, or agent of a vessel shall immediately notify either of the following Coast Guard offices if there is reason to believe the vessel is lost or imperiled:

(1) The Coast Guard district rescue coordination center (RCC) cognizant over the area in which the vessel was last operating; or

(2) The Coast Guard search and rescue authority nearest to where the vessel was last operating.

(b) Reasons for belief that a vessel is in distress include, but are not limited to, lack of communication with or nonappearance of the vessel.

(c) The owner, charterer, managing operator, or agent notifying the Coast Guard under paragraph (a) of this section, shall provide the name and identification number of the vessel, a description of the vessel, the names or number of individuals on board, and other information that may be requested by the Coast Guard.

return arrow Back to Top

§122.280   Official logbook for foreign voyages.

(a) Every vessel on a voyage from a port in the United States to a foreign port except to a port in Canada, or vice versa, must have an Official Logbook.

(b) The master shall make or have made in the Official Logbook the following entries:

(1) Each legal conviction of a seaman of the vessel and the punishment inflicted;

(2) Each offense committed by a seaman of the vessel for which it is intended to prosecute or to enforce under a forfeiture, together with statements about reading the entry and the reply made to the charge as required by 46 U.S.C. 11502;

(3) A statement of the conduct, character, and qualifications of each seaman of the vessel or a statement that the master declines to give an opinion about that conduct, character, and qualifications;

(4) Each illness of or injury to a seaman of the vessel, the nature of the illness or injury, and the medical treatment;

(5) Each death on board, with the cause of death, and if a seaman, the following information required by 46 U.S.C. 10702:

(i) The wages due to a seaman who dies during the voyage and the gross amount of all deductions to be made from the wages; and

(ii) The sale of the property of a seaman who dies during the voyage, including a statement of each article sold and the amount received for the property.

(6) Each birth on board, with the sex of the infant and name of the parents;

(7) Each marriage on board, with the names and ages of the parties;

(8) The name of each seaman who ceases to be a crew member (except by death), with the place, time, manner, and the cause why the seaman ceased to be a crew member; and

(9) When a marine casualty occurs, a statement about the casualty and the circumstances under which it occurred, made immediately after the casualty when practicable to do so.

return arrow Back to Top

§122.282   Logbook for vessels of more than 19.8 meters (65 feet) in length with overnight accommodations for more than 49 passengers.

Except for a vessel required to have an Official Logbook by §122.280, the owner, managing operator, or master of a vessel of more than 19.8 meters (65 feet) in length with overnight accommodations for more than 49 passengers shall maintain logs or records in any form, which will be considered to take the place of the Official Logbook and may be used for the purpose of making entries therein as required by law or regulations in this subchapter. Such logs or records shall be kept available for review by a marine inspector for a period of one year after the date to which the records refer.

return arrow Back to Top

Need assistance?