---
kind: "section"
citation: "46 C.F.R. § 4.40-30"
title: "46"
number: "4.40-30"
heading: "Procedures for Coast Guard investigation."
url: "https://uscodex.org/cfr/46/4.40-30"
---

# §4.40-30. Procedures for Coast Guard investigation.

- (a) The Coast Guard conducts an investigation under [§ 4.40-25](/cfr/46/4.40-25.md) using the procedures in [46 CFR 4.01-1 through 4.23-1](/cfr/46/4.01-1..4.23-1.md).
- (b) The Board may designate a person or persons to participate in every phase of an investigation, including an on scene investigation, that is conducted under the provisions of [subpart 4.40-25](/cfr/46/subpart4.40-25.md) of this part.
- (c) Consistent with Coast Guard responsibility to direct the course of the investigation, the person or persons designated by the Board under [paragraph (b)](#b) of this section may:
  - (1) **Make recommendations about the scope of the investigations.**
  - (2) **Call and examine witnesses.**
  - (3) **Submit or request additional evidence.**
- (d) The Commandant provides a record of the proceedings to the Board of an investigation of a major marine casualty under [paragraph (a)](#a) of this section.
- (e) The Board, under the Act, makes its determination of the facts, conditions, circumstances, and the cause or probable cause of a major marine casualty using the record of the proceedings provided by the Commandant under [paragraph (d)](#d) of this section, and any additional evidence the Board may acquire under its own authority.
- (f) An investigation by the Coast Guard under this section is both an investigation under the Act and under 46 U.S.C. Chapter 63.

## Notes

### Amendments

[CGD 76-149, 42 FR 61200, Dec. 1, 1977, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004]

### 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 95-028, 62 FR 51195, Sept. 30, 1997; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004]