DOT 49 CFR PART 850-2010 COAST GUARD桸ATIONAL TRANSPORTATION SAFETY BOARD MARINE CASUALTY INVESTIGATIONS.pdf

1、617 National Transportation Safety Board 850.10 part of the docket and, where appro-priate, parties will be given an oppor-tunity to examine such evidence and to comment thereon. PART 850COAST GUARDNA-TIONAL TRANSPORTATION SAFE-TY BOARD MARINE CASUALTY INVESTIGATIONS Sec. 850.1 Purpose. 850.3 Relati

2、onship to Coast Guard marine investigation regulations and procedures. 850.5 Definitions. 850.10 Preliminary investigation by the Coast Guard. 850.15 Marine casualty investigation by the Board. 850.20 Cause or probable cause determina-tions from Board investigation. 850.25 Coast Guard marine casualt

3、y inves-tigation for the Board. 850.30 Procedures for Coast Guard investiga-tion. 850.35 Records of the Coast Guard and the Board. AUTHORITY: Sec. 304(a)(1)(E), Independent Safety Board Act of 1974, Pub. L. 93633, 88 Stat. 2168 (49 U.S.C. 1903). SOURCE: 42 FR 61204, Dec. 1, 1977, unless otherwise no

4、ted. 850.1 Purpose. This part prescribes the joint regula-tions of the National Transportation Safety Board and the Coast Guard for the investigation of marine casualties. 47 FR 46089, Oct. 15, 1982 850.3 Relationship to Coast Guard marine investigation regulations and procedures. (a) The Coast Guar

5、ds responsibility to investigate marine casualties is not eliminated nor diminished by the regu-lations in this part. (b) In those instances where the Board conducts an investigation in which the Coast Guard also has respon-sibility under R.S. 4450 (46 U.S.C. 239), the proceedings are conducted inde

6、-pendently, but so as to avoid duplica-tion as much as possible. 850.5 Definitions. As used in this part: (a) Act means Title III of Pub. L. 93 633, the Independent Safety Board Act of 1974 (49 U.S.C. 1901, et seq.). (b) Board means the National Trans-portation Safety Board. (c) Chairman means the C

7、hairman of the National Transportation Safety Board. (d) Commandant means the Com-mandant of the Coast Guard. (e) Major marine casualty means a cas-ualty involving a vessel, other than a public vessel, that results in (1) The loss of six or more lives; (2) The loss of a mechanically pro-pelled vesse

8、l of 100 or more gross tons; (3) Property damage initially esti-mated as $500,000 or more; or (4) Serious threat, as determined by the Commandant and concurred in by the Chairman, to life, property, or the environment by hazardous materials. (f) Public vessel means a vessel owned by the United State

9、s, except a vessel to which the Act of October 25, 1919, c. 82 (41 Stat. 305, 46 U.S.C. 363) applies. (g) Vessel of the United States means a vessel (1) Documented, or required to be documented, under the laws of the United States; (2) Owned in the United States; or (3) Owned by a citizen or residen

10、t of the United States and not registered under a foreign flag. 850.10 Preliminary investigation by the Coast Guard. (a) The Coast Guard conducts the preliminary investigation of marine casualties. (b) The Commandant determines from the preliminary investigation whether: (1) The casualty is a major

11、marine casualty; or (2) The casualty involves a public and a nonpublic vessel and at least one fa-tality or $75,000 in property damage; or (3) The casualty involves a Coast Guard and a nonpublic vessel and at least one fatality or $75,000 in property damage; or (4) The casualty is a major marine cas

12、ualty which involves significant safety issues relating to Coast Guard safety functions, e.g., search and res-cue, aids to navigation, vessel traffic systems, commercial vessel safety, etc. VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00627 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwo

13、ods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-618 49 CFR Ch. VIII (10110 Edition) 850.15 (c) The Commandant notifies the Board of a casualty described in para-graph (b) of this section. 42 FR 61204, Dec. 1, 1977, as a

14、mended at 47 FR 46089, Oct. 15, 1982 850.15 Marine casualty investigation by the Board. (a) The Board may conduct an inves-tigation under the Act of any major marine casualty or any casualty in-volving public and nonpublic vessels. Where the Board determines it will convene a hearing in connection w

15、ith such an investigation, the Boards rules of practice for transportation ac-cident hearings in 49 CFR part 845 shall apply. (b) The Board shall conduct an inves-tigation under the Act when: (1) The casualty involves a Coast Guard and a nonpublic vessel and at least one fatality or $75,000 in prope

16、rty damage; or (2) The Commandant and the Board agree that the Board shall conduct the investigation, and the casualty in-volves a public and a nonpublic vessel and at least one fatality or $75,000 in property damage; or (3) The Commandant and the Board agree that the Board shall conduct the investi

17、gation, and the casualty is a major marine casualty which involves significant safety issues relating to Coast Guard safety functions. 47 FR 46090, Oct. 15, 1982 850.20 Cause or probable cause de-terminations from Board investiga-tion. After an investigation conducted by the Board under 850.15, the

18、Board de-termines cause or probable cause and issues a report of that determination. 850.25 Coast Guard marine casualty investigation for the Board. (a) If the Board does not conduct an investigation under 850.15(a), (b)(2) or (3), the Coast Guard, at the request of the Board, may conduct an investi

19、ga-tion under the Act unless there is an allegation of Federal Government mis-feasance or nonfeasance. (b) The Board will request the Coast Guard to conduct an investigation under paragraph (a) of this section within 48 hours of receiving notice under 850.10(c). (c) The Coast Guard will advise the B

20、oard within 24 hours of receipt of a re-quest under paragraph (b) of this sec-tion whether the Coast Guard will con-duct an investigation under the Act. 47 FR 46090, Oct. 15, 1982 850.30 Procedures for Coast Guard investigation. (a) The Coast Guard conducts an in-vestigation under 850.25 using the p

21、ro-cedures in 46 CFR 4.011 through 4.231. (b) The Board may designate a person or persons to participate in every phase of an investigation, including on-scene investigation, that is conducted under the provisions of 850.25. (c) Consistent with Coast Guard re-sponsibility to direct the course of the

22、 investigation, the person or persons designated by the Board under para-graph (b) of this section may: (1) Make recommendations about the scope of the investigation. (2) Call and examine witnesses. (3) Submit or request additional evi-dence. (d) The Commandant provides a record of the proceedings t

23、o the Board of an investigation of a major marine casualty under paragraph (a) of this section. (e) The Board, under the Act, makes its determination of the facts, condi-tions, and circumstances, and the cause or probable cause of a major ma-rine casualty, using the record of the proceedings provide

24、d by the Com-mandant under paragraph (d) of this section and any additional evidence the Board may acquire under its own au-thority. (f) An investigation by the Coast Guard under this section is both an in-vestigation under the Act and under R.S. 4450 (46 U.S.C. 239). 850.35 Records of the Coast Gua

25、rd and the Board. (a) Records of the Coast Guard made under 850.30 are available to the pub-lic under 49 CFR part 7. (b) Records of the Board made under 850.20 and 850.30 are available to the public under 49 CFR part 801. PARTS 851999 RESERVED VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00628 Fmt 8010 Sfmt 8006 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-