Title 46

SECTION 122.202

122.202 Notice of marine casualty.

§ 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]

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