U.S. Code
»
Title 46
» Subtitle Subtitle II— Vessels and Seamen › Part Part D— Marine Casualties › Chapter CHAPTER 63— INVESTIGATING MARINE CASUALTIES
46 U.S.C. § 6301
Investigation of marine casualties
The Secretary shall prescribe regulations for the immediate investigation of marine casualties under this part to decide, as closely as possible—(1) the cause of the casualty, including the cause of any death;(2) whether an act of misconduct, incompetence, negligence, unskillfulness, or willful violation of law committed by any individual licensed, certificated, or documented under part E of this subtitle has contributed to the cause of the casualty, or to a death involved in the casualty, so that appropriate remedial action under chapter 77 of this title may be taken;(3) whether an act of misconduct, incompetence, negligence, unskillfulness, or willful violation of law committed by any person, including an officer, employee, or member of the Coast Guard, contributed to the cause of the casualty, or to a death involved in the casualty;(4) whether there is evidence that an act subjecting the offender to a civil penalty under the laws of the United States has been committed, so that appropriate action may be undertaken to collect the penalty;(5) whether there is evidence that a criminal act under the laws of the United States has been committed, so that the matter may be referred to appropriate authorities for prosecution; and(6) whether there is need for new laws or regulations, or amendment or repeal of existing laws or regulations, to prevent the recurrence of the casualty.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 537.)Historical and Revision Notes |
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6301 | 46:239 |
Section 6301 requires the Secretary to prescribe regulations for the immediate investigation of marine casualties in order to determine, as closely as possible, the cause of the casualty; whether the actions of individuals licensed, certificated, or documented have contributed to the cause of the casualty, whether the action of an individual in the Coast Guard contributed to the cause of the casualty, whether there is evidence that an act subjecting the offender to civil or criminal penalty has been committed, and whether there is a need for new laws or to amend or repeal existing laws or regulations in order to prevent a recurrence of the casualty.
Statutory Notes and Related SubsidiariesConstructionPub. L. 98–89, § 2(h), Aug. 26, 1983, 97 Stat. 599, provided that: “Chapter 63 of title 46 (as enacted by section 1 of this Act) does not supersede section 304(a)(1)(E) of the Independent Safety Board Act of 1974 (49 App. U.S.C. 1903(a)(1)(E)) [see 49 U.S.C. 1131(a)(1)(E), (b)].”
Transfer of FunctionsFor transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Notes of Decisions
Apex Oil Co., Inc. v. United States, 208 F. Supp. 2d 642 (E.D. La. 2002).
· cites it 2× “See 46 U.S.C. § 6301 . It is the NPFC’s conclusions and final decision that fixed Apex legal rights or lack thereof.”
In Re Complaint of Danos & Curole Marine Contractors, Inc., 278 F. Supp. 2d 783 (E.D. La. 2003).
· cites it 2× “Later that same day, at approximately 1100, United States Coast Guard Chief Warrant Officer Jo Wildman, accompanied by Officer Chris Hogan of the United States Coast Guard 8th District Office, performed a Maritime Casualty Investigation pursuant to 46 U.S.C. § 6301 , et. seq.…”
United States v. Egan Marine Corp., 808 F. Supp. 2d 1065 (N.D. Ill. 2011).
“After the accident, the Coast Guard, pursuant to 46 U.S.C. § 6301 , assigned Commander Mark Hamilton to conduct an investigation into the incident.”
Guest v. Carnival Corp., 917 F. Supp. 2d 1242 (S.D. Fla. 2012).
“§ 6308 (a), no report or part of a report of any marine casualty investigation conducted pursuant to 46 U.S.C. § 6301 shall be offered or introduced as evidence at trial.”
Credle v. Smith & Smith, Inc., 42 F. Supp. 3d 596 (D.N.J. 2013).
· cites it 3× “) (5) 46 U.S.C. § 6301 authorizes the immediate investigation of marine casualties to determine, among other things,the causes of casualties, whether an act of misconduct or negligence occurred, whether violations of law occurred, and whether there is a need for new laws or…”
Reich v. Nelson, 843 F. Supp. 20 (E.D. Pa. 1994).
· cites it 2× “which dictate that the Secretary of the Department in which the Coast Guard is operating prescribe' regulations calling for “the immediate investigation of marine casualties under this part to decide as closely as possible” among other things, the cause of the casualty and…”
Dept. of Transp. & Dev. v. Kition Shipping, 653 F. Supp. 2d 633 (M.D. La. 2009).
· cites it 2× “§ 6308 , no report of a marine casualty investigation conducted under 46 U.S.C. § 6301 , 22 including findings of fact, opinions, recommendations, deliberations, or conclusions, shall be admissible as evidence or subject to discovery in any civil or administrative proceedings,…”
Herman v. Tidewater Pac., Inc., 160 F.3d 1239 (9th Cir. 1998).
“46 U.S.C. § 6301 . IV Before we examine the interplay of these Coast Guard regulations with those of OSHA, a threshold question is whether the Secretary has jurisdiction over seagoing vessels operating in territorial waters, ignoring for the present any preemptive Coast Guard…”
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