C.F.R. » Title 33 » CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER P—PORTS AND WATERWAYS SAFETY › PART 160—PORTS AND WATERWAYS SAFETY—GENERAL › Subpart C—Notification of Arrival, Hazardous Conditions, and Certain Dangerous Cargoes

33 C.F.R. § 160.215

Force majeure

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When a vessel is bound for a port or place of the United States under force majeure, it must comply with the requirements in this section, but not other sections of this subpart. The vessel must report the following information to the nearest Captain of the Port as soon as practicable:

(a) The vessel Master's intentions;

(b) Any hazardous conditions as defined in § 160.202; and

(c) If the vessel is carrying certain dangerous cargo or controlling a vessel carrying certain dangerous cargo, the amount and name of each CDC carried, including cargo UN number if applicable.

[USCG-2000-7080, 81 FR 59137, Aug. 29, 2016]
Notes of Decisions
Cited in 4 cases, 1991–2011 · leading case: United States v. Canal Barge Co., Inc., 631 F.3d 347 (6th Cir. 2011).
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United States v. Canal Barge Co., Inc., 631 F.3d 347 (6th Cir. 2011). · cites it 10× “§ 1232 (b)(1); 33 C.F.R. § 160.215 . The crime is a continuing offense rather than a point-in-time offense, and therefore the location of the crime continued into the Western District of Kentucky as the vessel in question proceeded from the Mississippi River to the Ohio.”
Deutsche Shell Tanker-Gesellschaft mbH v. Placid Refining Co., 767 F. Supp. 762 (E.D. La. 1991). “33 CFR § 160.215 (requiring that the Port Captain be notified of any “hazardous condition on board”).”
Chronos Shipping v. United States Coast Guard, 957 F. Supp. 667 (E.D. Pa. 1997). · cites it 3× “The Coast Guard eventually imposed civil penalties against both Dovas and Chronos for violating 33 C.F.R. § 160.215 which provides that [w]henever there is a hazardous condition either aboard a vessel or caused by a vessel or its operation, the owner, agent, master, operator, or…”
United States v. Rivera, 942 F. Supp. 732 (D.P.R. 1996). · cites it 2× “§ 1232 (b)(1) and 33 C.F.R. § 160.215 . The evidence at trial demonstrated that the wire the Emily S was using to tow the Morris J.”
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