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F E D E R A L R E G IS T E R , September 12, 1936
holders o f certificates o f service or efficiency, as provided under Sec, 4 o f the A ct o f M ay 27, 1936.
Effective on and after September 11, 1936.
seal J. M. Jo hnso n , A cting Secretary of Commerce.
rules and R egulations for the I nvestigation of M arine Casualties and A ccidents or A cts of I ncompetency or M isconduct b y L icensed O fficers or H olders of C ertifi cates of
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These rules may be cited as the M arine Investigation Board Rules, 1936.
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M arine Investigation Boards Section 1. B M arine Investigation B oard The Board a p p o in te d fo r the investigation of a M arine Casualty or ac ciden t o r other m atter, not involving loss o f life, classified by th e Secretary of Commerce as serious; also any alleged act of incompetency or misconduct in connection therewith
committed by a licensed officer or a holder of a certificate of se rvic e or efficiency, shall be known as the B M arine In v e s tig a tio n Board.
Section 2. C M arine Investigation Board. The Board appointed fo r the investigation of a M arine casualty or acci den t or other matter, not involving loss of life, classified by th e Secretary o f Commerce as less serious; also any alleged act of incompetency or misconduct whether or not committed in connection with such marine casualty or accident, by a licen sed officer or holder of a certificate o f service or efficiency, sh a ll be known as the C M arine Investigation Board.
Section 3. The B M arine Investigation Board may be ad dressed The B M arine Investigation Board, Department o f Commerce, Washington, D. C. The C Marine Investigation Board may be addressed The C M arine Investigation Board, Department o f Commerce, Washington, D. C.
Section 4. The permanent dockets and records of the Boards shall be kept in the Bureau o f M arine Inspection and Navigation, Department o f Commerce, Washington, D. C.
Their public records shall be open fo r inspection at reason able times.
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Definitions In these rules, unless the context or subject m atter other wise requires Section 1. Marine casualties and accidents not involving loss of life shall include a Any marine casualty or accident involving any vessel, near the coast or within the navigable waters o f the United States, its territories or possessions.
b Any marine casualty or accident involving any Am eri can vessel, or vessel owned by any person domiciled in the United States, wherever such casualty or accident may occur.
S ection 2. W hen used in these rules a The term party in interest shall mean any person whom the Board shall find to have a direct interest in the investigation conducted by it and shall include an owner, a c h a rte re r, or the agent o f such owner or charterer, of the vessel or vessels involved in the marine casualty or accident, a n d a ll licensed or certificated personnel whose conduct, w h e th e r or not involved in a marine casualty or accident, is under investigation by that Board.
b The term the A ct shall mean the A ct o f M ay 27, 1936, Public, No. 622, amending Section 4450 R. S.
RULE 111

N otice of M arine Casualty or Accident Section 1. W henever there is a marine casualty or acci dent not involving loss o f life, immediate notice thereof by telegram or radiogram or equally prompt mpans o f communi cation shall be given by the master, owner, charterer, or
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agent o f the vessel or vessels involved to the nearest local office o f the Bureau o f M arine Inspection and Navigation o f the Department o f Commerce, or to the Bureau of Marine Inspection and Navigation, Department o f Commerce, Wash ington, D. C. Such notice shall furnish the names of the vessel or vessels involved, the owner or agent, the nature and cause o f the casualty or accident, the locality, the nature of injuries to persons, and damage done to property. Such notices shall be in addition to any other notice required to be given by existing law and regulation. Any officer or em ployee of the United States or any other person having ma terial knowledge or inform ation concerning a marine casualty or accident shall imm ediately bring such inform ation to the attention of the Bureau of M arine Inspection and Navigation.
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Voyage Records S ection 1. The owner, charterer, agent, master, or other licensed officer of any vessel involved in a marine casualty or accident shall retain the voyage records o f the vessel, in cluding both rough and smooth deck and engine room logs, bell books, navigation charts, navigators work books, com pass deviation cards, stowage plans, records of draft, aids to mariners, radiograms sent and received, and the radio log, and crews and passengers lists, which upon request shall be produced fo r the inspection o f the Board or its agents whenever required.
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Questionnaire S ection 1. In order to facilitate the work o f the Board any party in interest or other person shall, within such tim e as designated after any questionnaire respecting m atters relating to a casualty or accident shall have been served upon them, file with the Board or its designated agent the exact inform a tion requested by such questionnaire.
RULE V I

Prelim inary Investigation S ection 1. W hen a m arine casualty or accident not in volving loss of life has occurred an investigation shall be prom ptly instituted by the appropriate Board.
S ection 2. Upon the happening of a marine casualty or accident not involving loss o f life a prelim inary investiga tion may be conducted by employees of the Bureau of M arine Inspection and Navigation regularly assigned by the D irector fo r that purpose. W hen necessary beyond territorial lim its o f the United States, such prelim inary investigation may be conducted by an American Consul. Reports of a ll such pre lim inary investigations shall be prom ptly forwarded to the appropriate Board. I f during the course o f any prelim inary investigation there shall be reason to believe that serious misconduct on the part of any person has taken place the appropriate Board shall im m ediately be notified.
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Hearings S ection 1. The Board shall determine, so fa r as possible, the cause of any casualty or accident and the persons re sponsible therefor.
S ection 2. W henever a charge has been placed against a licensed officer or holder of a certificate o f service or effi ciency he shall be entitled to a copy of the charge prepared by the appropriate board and shall be given reasonable notice o f the tim e and place of hearing and an opportunity of making a defense.
S ection 3. The Chairman of the Board shall administer all necessary oaths to any witnesses appearing before it.
S ection 4. Any party in interest to a proceeding before the board shall have the right to appear at such proceeding in person, or by counsel, to call, examine, and cross-examine witnesses, and to introduce into the record documents or other evidence. Appearance o f any counsel representing a party to a proceeding before the board should be entered and filed prior to the commencement of the proceeding.