---
kind: "section"
citation: "46 C.F.R. § 4.05-2"
title: "46"
number: "4.05-2"
heading: "Incidents involving foreign tank vessels."
url: "https://uscodex.org/cfr/46/4.05-2"
---

# §4.05-2. Incidents involving foreign tank vessels.

- (a) **Within the navigable waters of the United States, its territories, or possessions.** The marine casualty reporting and investigation criteria of this part apply to foreign tank vessels operating on the navigable waters of the United States, its territories, or possessions. A written marine casualty report must be submitted under [§ 4.05-10](/cfr/46/4.05-10.md) of this chapter.
- (b) **Outside the U.S. navigable waters and within the Exclusive Economic Zone (EEZ).** The owner, agent, master, operator, or person in charge of a foreign tank vessel involved in a marine casualty must report under procedures detailed in [33 CFR 151.15](/cfr/33/151.15.md), immediately after addressing resultant safety concerns, whenever the marine casualty involves, or results in—
  - (1) Material damage affecting the seaworthiness or efficiency of the vessel; or
  - (2) An occurrence involving significant harm to the environment as a result of a discharge, or probable discharge, resulting from damage to the vessel or its equipment. The factors you must consider to determine whether a discharge is probable include, but are not limited to—
    - (i) Ship location and proximity to land or other navigational hazards;
    - (ii) Weather;
    - (iii) Tide current;
    - (iv) Sea state;
    - (v) Traffic density;
    - (vi) The nature of damage to the vessel; and
    - (vii) **Failure or breakdown aboard the vessel, its machinery, or equipment.**

## Notes

### Amendments

[USCG-2000-6927, 70 FR 74676, Dec. 16, 2005]

### 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

[USCG-2000-6927, 70 FR 74676, Dec. 16, 2005]