§6301 — Title 46 Shipping | U.S. Code

Summary

The Secretary must make rules for quick investigations of marine accidents. The investigations must try to figure six things: the cause of the accident (including any deaths); whether someone licensed under part E acted improperly so action under chapter 77 can follow; whether any person (including Coast Guard staff) contributed; whether evidence supports a civil penalty; whether evidence supports criminal charges; and whether laws or rules need to change to prevent the same kind of accident.

Title 46, §6301

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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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 630146:239 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 Subsidiaries

Construction

Pub. 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 Functions

For 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 section 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.

§6301 Investigation of marine casualties

Summary

Title 46, §6301

Notes & Related Subsidiaries

Historical and Revision Notes

Regulations

Regulations

Statutory Notes and Related Subsidiaries

Construction

Transfer of Functions

Citations & Metadata