CASUALTY & SALVAGEMarine Casualty ReportSo you think you know when to make a marine casualty report?BY JONATHAN WALDRONhere has been a lot of confu- ary 14, 2014). The Notice is available ing grounding, allision, losses resulting no substantive written of? cial guidance sion over the years as to when at: http://www.gpo.gov/fdsys/pkg/FR- in reduced vessel maneuverability, im- that has been published by the Coast to make a marine casualty re- 2014-01-14/pdf/2014-00443.pdf. The pacts to vessel seaworthiness or ? tness Guard Headquarters detailing its policy Tport with regard to certain in- draft NVIC is available at: http://www. for service or route, loss of life, injury re- interpretation of its marine casualty cidents. Yet, although the Coast Guard regulations.gov/#!documentDetail;D=U quiring professional medical treatment, regulations as to when to report certain constantly urges industry to make re- SCG-2013-1047-0002. Comments are property damage in excess of $35,000 or marine casualties. Unfortunately, that quired reports, it has never promulgated due by April 14, 2014. signi? cant harm to the environment. 46 has been the situation for years despite national guidance to promote consis- C.F.R. § 4.05-1. Within ? ve days after the Coast Guard’s emphasis on making tency in reporting based on uniform in- Marine Casualty Reporting Today the immediate initial notice is provided, marine casualty reports. This has led to terpretation of the regulatory standards The Coast Guard has broad authority the owner, agent, master, operator or per- confusion in the marine industry as to – until now. to immediately investigate a “marine ca- son in charge must submit a follow up when certain marine casualties need to Speci? cally, the Coast Guard issued a sualty” to determine the cause, whether written report of the marine casualty to be reported. In many cases a particular Notice of Availability and Request for a violation of law has occurred, whether a Coast Guard Marine Safety Of? ce or Coast Guard Sector has developed its Comments (Notice) on January 14, 2014 the offender should be subject to a civil Marine Inspection Of? ce on Form CG- own ad hoc interpretations of reporting on a draft Navigation and Vessel Inspec- or criminal penalty and whether there is 2692 (Report of Marine Accident, Injury requirements which are inconsistent with tion Circular (NVIC) to provide guid- a need for revised or new laws or regula- or Death) supplemented as applicable industry expectations and which are not ance for the identi? cation and reporting tions to prevent the recurrence of a simi- by appended form CG-2692B (Report supported by regulation or any national of marine casualties and provide clear lar casualty. Under the general maritime of Required Chemical Drug and Alco- uniform Coast Guard interpretation. policy interpretations to facilitate com- reporting provisions of 46 C.F.R. part 4, hol Testing Following a Serious Marine pliance with marine casualty reporting the owner, operator or person in charge Incident). These standards have been in Discussion of the Draft NVICrequirements. 79 Fed. Reg. 2466 (Janu- of a vessel must report casualties involv- existence for years, but there is currently The stated purpose of the NVIC is to p provide speci? c guidance for the identi-? ? cation and reporting of marine casual-t ties to promote compliance with marine c casualty laws and regulations. In addi-t tion, the NVIC is aimed at clarifying ter-m minology and phrases within the regula-t tory context, draw attention to helpful r regulatory citations and provide concise p policy interpretations to assist involved p parties in the casualty reporting process. I In short, the NVIC is intended to serve a as a common framework of understand-i ing for both Coast Guard and maritime i industry personnel. Noting that “marine c casualties occur among a wide range of v vessel types and operations” the NVIC w was issued in the interest of supporting a a “consistent national framework” that e establishes expectations and reduces c confusion for both Coast Guard and m maritime industry personnel. Based on y years of experience in providing advice o on the reporting of marine casualties, I w would like to highlight some of the key r reporting areas which have proven prob-l lematic in ? nding common ground due t to differing interpretations in various C Coast Guard Sectors around the country a and industry itself. 16 Maritime Reporter & Engineering News • MARCH 2014MR #3 (10-17).indd 16 MR #3 (10-17).indd 16 3/4/2014 12:12:42 PM3/4/2014 12:12:42 PM