REVISERS' NOTE The casualty reporting sections, 33 U.S.C. 361-365, all refer to the collector of customs as the official to whom casualty reports are made and who reports to the Secretary of Commerce. Despite the fact that the Code editors have substituted "Coast Guard official" for the term "collector of customs" in these sections, and justified the substitution by reference to Reorganization Plan 3-46, there is no doubt that they are in error. In the last paragraph of the note preceding 46 U.S.C. 1, captioned "TRANSFER OF FUNCTIONS RELATING TO SHIPPING AND NAVIGATION," it is agreed that Reorganization Plan 3-46 affected no functions of the collector of customs other than those of § 101 (b) of the plan. This section dealt only with the authority to number undocumented vessels. Despite the fact that casualty reports were to be made to the collector of customs, from the act of June 29, 1874, ch. 344, 18 Stat. 125-128, it is quite clear that the collectors were only agents who would turn the reports in to the Secretary of the Treasury who would use the information to determine where life-saving stations should be built. With the fusion of the Revenue Cutter Service and the LifeSaving Service in 1915, the collectors of customs became agents of the Coast Guard. Thus, while the attributation of the change by the Code editors to Reorganization Plan 3-46 is probably not appropriate, its net effect is of no significance. The change offered here is no real change in the law at all. 76-097-67- -2 3 § 361. Reports of accidents generally; penalty. Whenever any vessel of the United States has sustained or caused any accident involving the loss of life, the material loss of property, or any serious injury to any person, or has received any material damage affecting her seaworthiness or her efficiency, the managing owner, agent, or master of such vessel, shall within five days after the happening of such accident or damage, or as soon thereafter as possible, send, by letter to the Coast Guard official of the district wherein such vessel belongs or of that within which such accident or damage occurred, a report thereof, signed by such owner, agent, or master, stating the name and official number (if any) of the vessel, the port to which she belongs, the place where she was, the nature and probable occasion of the casualty, the number and names of those lost, and the estimated amount of loss or damage to the vessel or cargo; and shall furnish, upon the request of either of such Coast Guard officials, such other information concerning the vessel, her cargo, and the casualty as may be called for; and if he neglect or refuse to comply with the foregoing requirements after a reasonable time, he shall incur a penalty of $100. REVISERS' NOTE (1) The requirement that marine casualties be reported is combined with related language from Revised Statutes 4450 (46 U.S.C. 239) and 46 U.S.C. 526 1(c). The content of the report and the manner of submission is left to regulation. (2) The penalty provisions are retained. DISPOSITION The provisions of this section, subject to the Revisers' Notes are included in the Revision: (1) as to the requirement to report, in 8001-8003; (2) as to the penalty, in 8004. § 362. Report of probable loss of vessel; penalty. Whenever the managing owner or agent of any vessel of the United States has reason, owing to the nonappearance of such vessel, or to any other circumstance, to apprehend that such vessel has been lost, he shall, as soon as conveniently may be, send notice, in writing, to the Coast Guard official of the port to which said vessel belonged, of such loss, and the probable occasion thereof stating the name and the official number (if any) of the vessel, and the names of all persons on board, so far as the same can be ascertained, and shall furnish, upon request of the Coast Guard official of such port, such additional information as he may be able; and if he neglect to comply with the above requirements within a reasonable time, he shall incur a penalty of $100. REVISERS' NOTE The Revision language derived from 33 U.S.C 361 and the related Revised Statute 4450 (46 U.S.C. 239) and 446 U.S.C. 526 1(c) is sufficiently broad to included the "probable loss of a vessel" within marine casualties required to be reported. The content of the report and the manner of reporting are also left to regulation. 4 Repeal without replacement. DISPOSITION § 363. Transmission of reports to Commandant of the Coast Guard. It shall be the duty of the Coast Guard officials to immediately transmit to the Commandant of the Coast Guard such reports and information as they may receive under the provisions of sections 361 and 362 of this title, and they shall also report to the Commandant of the Coast Guard any neglect or refusal on the part of the managing owner, agent, or master of any vessel of the United States to comply with the requirements thereof. REVISERS' NOTE There is no need to recite the obvious duty of Coast Guard personnel to forward reports of marine casualties to their superiors. Repeal without replacement. DISPOSITION § 364. Remission and recovery of penalties. The Commandant of the Coast Guard may, upon application therefor, remit or mitigate any penalty provided for in sections 361–363 of this title, or discontinue any prosecution to recover the same, upon such terms as he, in his discretion, shall think proper, and shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as he may think proper. All penalties provided in said sections may be sued for, prosecuted, recovered, and disposed of in the manner prescribed by section 396 of this title. REVISERS' NOTE Provisions for the remission or mitigation of all penalties have been combined in the General chapter. Revision's §§ 1007 and 1008. DISPOSITION § 365. Reports by owners, etc., of barges in tow. The owner, agent, or master of every barge which, while in tow through the open sea, has sustained or caused any accident, shall be subject in all respects to the provisions of sections 361-364 of this title, and the reports therein prescribed shall be transmitted by Coast Guard officials to the Commandant of the Coast Guard. REVISERS' NOTE Casualties involving barges are within the term "marine casualty" as employed in the Revision to require reports. Retention of this section is not necessary. Repeal without replacement. § 366. Reports to Congress. DISPOSITION The Commandant of the Coast Guard shall transmit annually to Congress a summary of the reports, transmitted to him by the Coast Guard officials as required in sections 361-365 of this title during the previous fiscal year, together with a brief statement of the action of the Coast Guard in respect to such accidents. § 367. Duty of master of vessel in collision to give aid, name of his vessel, etc. In every case of collision between two vessels it shall be the duty of the master or person in charge of each vessel, if and so far as he can do so without serious danger to his own vessel, crew, and passengers (if any), to stay by the other vessel until he has ascertained that she has no need of further assistance, and to render to the other vessel, her master, crew, and passengers (if any) such assistance as may be practicable and as may be necessary in order to save them from any danger caused by the collision, and also to give to the master or person in charge of the other vessel the name of his own vessel and her port of registry, or the port or place to which she belongs, and also the name of the ports and places from which and to which she is bound. If he fails so to do, and no reasonable cause for such failure is shown, the collision shall, in the absence of proof to the contrary, be deemed to have been caused by his wrongful act, neglect, or default. REVISERS' NOTE The duty to render aid and give identification in the case of "collision" is combined with the similar duty imposed by 46 U.S.C. 526 1(b) in the case of "collision, accident or other casualty." Revision's § 2003 (a). DISPOSITION § 368. Penalty for failure to give aid, etc. Every master or person in charge of a United States vessel who fails, without reasonable cause, to render such assistance or give such information as required in section 367 of this title shall be deemed guilty of a misdemeanor, and shall be liable to a penalty of $1,000, or imprisonment for a term not exceeding two years; and for the above sum the vessel shall be liable and may be seized and proceeded against by process in any district court of the United States by any person; onehalf such sum to be payable to the informer and the other half to the United States. REVISERS' NOTE This penalty provision for failure to render aid or give information is retained along with the $100 civil penalty provision from 46 U.S.C. 5260. Other changesin phraseology are required. DISPOSITION Revision's 2003 (b). |