---
kind: "section"
citation: "46 C.F.R. § 4.03-2"
title: "46"
number: "4.03-2"
heading: "Serious marine incident."
url: "https://uscodex.org/cfr/46/4.03-2"
---

# §4.03-2. Serious marine incident.


The term serious marine incident includes the following events involving a vessel in commercial service, floating OCS facility, or MODU as described in § [4.03-1(1)](/cfr/46/4.03-1.md?p=1) and [(2)](/cfr/46/4.03-1.md?p=2):

- (a) Any marine casualty or accident as defined in [§ 4.03-1](/cfr/46/4.03-1.md) which is required by [§ 4.05-1](/cfr/46/4.05-1.md) to be reported to the Coast Guard and which results in any of the following:
  - (1) One or more deaths;
  - (2) An injury to a crewmember, passenger, or other person which requires professional medical treatment beyond first aid, and, in the case of a person employed on board a vessel in commercial service, floating OCS facility, or MODU, which renders the individual unfit to perform routine vessel duties;
  - (3) Damage to property, as defined in [§ 4.05-1(a)(7)](/cfr/46/4.05-1.md?p=a-7) of this part, in excess of $200,000;
  - (4) Actual or constructive total loss of any vessel or MODU subject to inspection under [46 U.S.C. 3301](/usc/46/3301.md); or
  - (5) Actual or constructive total loss of any self-propelled vessel, not subject to inspection under [46 U.S.C. 3301](/usc/46/3301.md), of 100 gross tons or more.
- (b) A discharge of oil of 10,000 gallons or more into the navigable waters of the United States, as defined in [33 U.S.C. 1321](/usc/33/1321.md), whether or not resulting from a marine casualty.
- (c) A discharge of a reportable quantity of a hazardous substance into the navigable waters of the United States, or a release of a reportable quantity of a hazardous substance into the environment of the United States, whether or not resulting from a marine casualty.

## Notes

### Amendments

[CGD 86-067, 53 FR 47077, Nov. 21, 1988, as amended by CGD 97-057, 62 FR 51041, Sept. 30, 1997; USCG-2016-0748, 83 FR 11902, Mar. 19, 2018; USCG-2013-1057, 91 FR 39485, June 30, 2026]

### Authority

Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 2303a, 2306, 6101, 6301, 6305, 56311, and 70034; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.4. Subpart 4.40 issued under 49 U.S.C. 1903(a)(1)(E).

### Source

Source: CGD 74-119, 39 FR 33317, Sept. 17, 1974, unless otherwise noted.

### Amendments

[CGD 86-067, 53 FR 47077, Nov. 21, 1988, as amended by CGD 97-057, 62 FR 51041, Sept. 30, 1997; USCG-2016-0748, 83 FR 11902, Mar. 19, 2018; USCG-2013-1057, 91 FR 39485, June 30, 2026]