46 C.F.R. § 4.03-2

Serious marine incident

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Link to an amendment published at 91 FR 39485, June 30, 2026.

The term serious marine incident includes the following events involving a vessel in commercial service:

(a) Any marine casualty or accident as defined in § 4.03-1 which is required by § 4.05-1 to be reported to the Coast Guard and which results in any of the following:

(1) One or more deaths;

(2) An injury to a crewmember, passenger, or other person which requires professional medical treatment beyond first aid, and, in the case of a person employed on board a vessel in commercial service, which renders the individual unfit to perform routine vessel duties;

(3) Damage to property, as defined in § 4.05-1(a)(7) of this part, in excess of $200,000;

(4) Actual or constructive total loss of any vessel subject to inspection under 46 U.S.C. 3301; or

(5) Actual or constructive total loss of any self-propelled vessel, not subject to inspection under 46 U.S.C. 3301, of 100 gross tons or more.

(b) A discharge of oil of 10,000 gallons or more into the navigable waters of the United States, as defined in 33 U.S.C. 1321, whether or not resulting from a marine casualty.

(c) A discharge of a reportable quantity of a hazardous substance into the navigable waters of the United States, or a release of a reportable quantity of a hazardous substance into the environment of the United States, whether or not resulting from a marine casualty.

[CGD 86-067, 53 FR 47077, Nov. 21, 1988, as amended by CGD 97-057, 62 FR 51041, Sept. 30, 1997; USCG-2016-0748, 83 FR 11902, Mar. 19, 2018]
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1989–2022 · leading case: Transp. Inst. v. United States Coast Guard, 727 F. Supp. 648 (D.D.C. 1989).
Transp. Inst. v. United States Coast Guard, 727 F. Supp. 648 (D.D.C. 1989). “at 47,077 (to be codified as 46 C.F.R. § 4.03-2 ). An individual is considered “directly involved” in a serious marine incident if that individual’s action or failure to act is determined to be, or cannot be ruled out as, a causative factor in the events leading to or causing a…”
Smith v. Tidewater Inc., 918 So. 2d 1 (La. Ct. App. 2005). “46 C.F.R. Section 4.03-2 Serious marine incident.”
Freedom Found. v. Dep't of Transp., 276 P.3d 341 (Wash. Ct. App. 2012). · cites it 2× “See 46 C.F.R. §§ 4.03-2 (a)(2), (3); 4.06-3 (2005).”
Garcia v. Vitus Energy, LLC (D. Alaska 2022). “21 46 C.F.R. § 4.03-2 (a)(2) defines “serious marine incident” as “any marine casualty or accident” which is required to be reported to the Coast Guard and which results in “[a]n injury to a crewmember, passenger, or other person which requires professional medical treatment…”
United States v. McGill, 718 F. Supp. 2d 1240 (S.D. Cal. 2010). “CFRs Defendant argues the following provisions of the Code of Federal Regulations (“CFRs”) required Carnival staff to engage in law enforcement activity: — 46 C.F.R. §§ 4.03-2 , 4.03-4, 4.05.1, and 4.”
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