---
kind: "section"
citation: "46 C.F.R. § 4.40-10"
title: "46"
number: "4.40-10"
heading: "Preliminary investigation by the Coast Guard."
url: "https://uscodex.org/cfr/46/4.40-10"
---

# §4.40-10. 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 marine casualty; or
  - (2) The casualty involves a public and a non-public vessel and at least one fatality or $75,000 in property damage; or
  - (3) The casualty involves a Coast Guard and a non-public vessel and at least one fatality or $75,000 in property damage; or
  - (4) The casualty is a major marine casualty which involves significant safety issues relating to Coast Guard safety functions, e.g., search and rescue, aids to navigation, vessel traffic systems, commercial vessel safety, etc.
- (c) **The Commandant notifies the Board of a casualty described in paragraph (b) of this section.**

## Notes

### Amendments

[CGD 76-149, 42 FR 61200, Dec. 1, 1977, as amended by CGD 82-034, 47 FR 45882, Oct. 14, 1982]

### Source

Source: CGD 76-149, 42 FR 61200, Dec. 1, 1977, unless otherwise noted.

### 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 76-149, 42 FR 61200, Dec. 1, 1977, as amended by CGD 82-034, 47 FR 45882, Oct. 14, 1982]