---
kind: "section"
citation: "46 C.F.R. § 4.40-5"
title: "46"
number: "4.40-5"
heading: "Definitions."
url: "https://uscodex.org/cfr/46/4.40-5"
---

# §4.40-5. Definitions.


As used in this subpart:

- (a) Act means title III of Public Law 93-633, the Independent Safety Board Act of 1974, ([49 U.S.C. 1131](/usc/49/1131.md)).
- (b) Board means the National Transportation Safety Board.
- (c) Chairman means the Chairman of the National Transportation Safety Board.
- (d) Major marine casualty means a casualty involving a vessel, other than a public vessel, that results in:
  - (1) **The loss of six or more lives—**
  - (2) The loss of a mechanically propelled vessel of 100 or more gross tons;
  - (3) Property damage initially estimated at $500,000 or more; or
  - (4) Serious threat, as determined by the Commandant and concurred in by the Chairman, to life, property, or the environment by hazardous materials.
- (e) Public vessel means a vessel owned by the United States, except a vessel to which the Act of October 25, 1919, c.82, (41 Stat. 305, [46 U.S.C. 363](/usc/46/363.md)) applies.
- (f) Vessel of the United States means a vessel:
  - (1) Documented or required to be documented under the laws of the United States;
  - (2) Owned in the United States; or
  - (3) **Owned by a citizen or resident of the United States and not registered under a foreign flag.**

## Notes

### Amendments

[CGD 76-149, 42 FR 61200, Dec. 1, 1977, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997; USCG-2021-0348, 87 FR 3223, Jan. 21, 2022; 87 FR 35901, June 14, 2022]

### 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-2021-0348, 87 FR 3223, Jan. 21, 2022; 87 FR 35901, June 14, 2022]