This draft revision, as did the revision of title 18 in 1948 that resulted in its codification, employs the concept that "Revision, as distinguished from codification, means the substitution of plain language for awkward terms, reconciliation of conflicting laws, omission of superseded sections, and consolidation of similar provisions."

As in the revision of title 18, the drafters of this proposed revision found "many inconsistencies" in the existing criminal punishment and civil penalty provisions. Here, as there, the revisers have sought to "eliminate many inequities" and to "bring uniformity out of the conflicts that time has developed.

TITLE 33

UNITED STATES CODE

"NAVIGATION AND NAVIGABLE WATERS"

CHAPTER 6

"GENERAL DUTIES OF SHIP OFFICERS AND OWNERS AFTER COLLISION OR OTHER ACCIDENT"

33 U.S.C. 361-368

1

REVISERS' NOTE

The casualty reporting sections, 33 U.S.C. 361-365, all refer to the collector of customs as the official to whom casualty reports are made and who reports to the Secretary of Commerce. Despite the fact that the Code editors have substituted "Coast Guard official" for the term "collector of customs" in these sections, and justified the substitution by reference to Reorganization Plan 3-46, there is no doubt that they are in error.

In the last paragraph of the note preceding 46 U.S.C. 1, captioned "TRANSFER OF FUNCTIONS RELATING TO SHIPPING AND NAVIGATION," it is agreed that Reorganization Plan 3-46 affected no functions of the collector of customs other than those of § 101 (b) of the plan. This section dealt only with the authority to number undocumented vessels. Despite the fact that casualty reports were to be made to the collector of customs, from the act of June 29, 1874, ch. 344, 18 Stat. 125-128, it is quite clear that the collectors were only agents who would turn the reports in to the Secretary of the Treasury who would use the information to determine where life-saving stations should be built. With the fusion of the Revenue Cutter Service and the LifeSaving Service in 1915, the collectors of customs became agents of the Coast Guard.

Thus, while the attributation of the change by the Code editors to Reorganization Plan 3-46 is probably not appropriate, its net effect is of no significance.

The change offered here is no real change in the law at all.

76-097-67- -2

3

§361. Reports of accidents generally; penalty.

Whenever any vessel of the United States has sustained or caused any accident involving the loss of life, the material loss of property, or any serious injury to any person, or has received any material damage affecting her seaworthiness or her efficiency, the managing owner, agent, or master of such vessel, shall within five days after the happening of such accident or damage, or as soon thereafter as possible, send, by letter to the Coast Guard official of the district wherein such vessel belongs or of that within which such accident or damage occurred, a report thereof, signed by such owner, agent, or master, stating the name and official number (if any) of the vessel, the port to which she belongs, the place where she was, the nature and probable occasion of the casualty, the number and names of those lost, and the estimated amount of loss or damage to the vessel or cargo; and shall furnish, upon the request of either of such Coast Guard officials, such other information concerning the vessel, her cargo, and the casualty as may be called for; and if he neglect or refuse to comply with the foregoing requirements after a reasonable time, he shall incur a penalty of $100.

REVISERS' NOTE

(1) The requirement that marine casualties be reported is combined with related language from Revised Statutes 4450 (46 U.S.C. 239) and 46 U.S.C. 526 1(c). The content of the report and the manner of submission is left to regulation.

(2) The penalty provisions are retained.

DISPOSITION

The provisions of this section, subject to the Revisers' Notes are included in the Revision:

(1) as to the requirement to report, in 8001-8003;

(2) as to the penalty, in 8004.

§ 362. Report of probable loss of vessel; penalty.

Whenever the managing owner or agent of any vessel of the United States has reason, owing to the nonappearance of such vessel, or to any other circumstance, to apprehend that such vessel has been lost, he shall, as soon as conveniently may be, send notice, in writing, to the Coast Guard official of the port to which said vessel belonged, of such loss, and the probable occasion thereof stating the name and the official number (if any) of the vessel, and the names of all persons on board, so far as the same can be ascertained, and shall furnish, upon request of the Coast Guard official of such port, such additional information as he may be able; and if he neglect to comply with the above requirements within a reasonable time, he shall incur a penalty of $100.

REVISERS' NOTE

The Revision language derived from 33 U.S.C 361 and the related Revised Statute 4450 (46 U.S.C. 239) and 446 U.S.C. 526 1(c) is sufficiently broad to included the "probable loss of a vessel" within marine casualties required to be reported. The content of the report and the manner of reporting are also left to regulation.