C.F.R. » Title 46 » CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER A—PROCEDURES APPLICABLE TO THE PUBLIC › PART 4—MARINE CASUALTIES AND INVESTIGATIONS › Subpart 4.05—Notice of Marine Casualty and Voyage Records

46 C.F.R. § 4.05-10

Written report of marine casualty

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(a) The owner, agent, master, operator, or person in charge must, within 5 days, file a written report of any marine casualty required to be reported under § 4.05-1. This written report is in addition to the immediate notice required by § 4.05-1. 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 Casualty, Commercial Diving Casualty, or OCS-Related Casualty), and supplemented as necessary by appended Forms CG-2692A (Barge Addendum), CG-2692B (Report of Mandatory Chemical Testing Following a Serious Marine Incident Involving Vessels in Commercial Service), CG-2692C (Personnel Casualty Addendum), and/or CG-2692D (Involved Persons and Witnesses Addendum).

(b) If filed without delay after the occurrence of the marine casualty, the report required by paragraph (a) of this section suffices as the notice required by § 4.05-1(a).

[CGD 94-030, 63 FR 19192, Apr. 17, 1998, as amended by USCG-2006-25556, 72 FR 36330, July 2, 2007; USCG-2016-0748, 83 FR 11902, Mar. 19, 2018]
Notes of Decisions
Cited in 3 cases, 1998–2010 · leading case: Herman v. Tidewater Pac., Inc., 160 F.3d 1239 (9th Cir. 1998).
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Herman v. Tidewater Pac., Inc., 160 F.3d 1239 (9th Cir. 1998). “46 C.F.R. § 4.05-10 . The purpose of this reporting requirement is to allow the Coast Guard to investigate the cause of the casualty; to ascertain whether misconduct, incompetence, negligence, unskillfulness, or willful violation of law contributed to that cause; and to…”
Twenty Grand Offshore, Inc. v. United States, 114 F. App'x 160 (5th Cir. 2004). “PER CURIAM: * The district court correctly upheld the Coast Guard Commandant’s decision as his interpretation of 46 C.F.R § 4.05-10(b) was not arbitrary or capricious.”
United States v. McGill, 718 F. Supp. 2d 1240 (S.D. Cal. 2010). “The Coast Guard “Report of Marine Accident, Injury or Death” form, required by 46 C.F.R. § 4.05-10 , seeks information regarding the identity of the victim, when and where the incident occurred, and a description of the casualty.”
— 46 C.F.R. § 4.05-10(b) — 1 case
Twenty Grand Offshore, Inc. v. United States, 114 F. App'x 160 (5th Cir. 2004). “PER CURIAM: * The district court correctly upheld the Coast Guard Commandant’s decision as his interpretation of 46 C.F.R § 4.05-10(b) was not arbitrary or capricious.”
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