S 2699 ISRSCommentsClose CommentsPermalink

To require new vessels for carrying oil fuel to have double hulls, and for other purposes.CommentsClose CommentsPermalink

March 4, 2008CommentsClose CommentsPermalink

Mr. LAUTENBERG (for himself and, Mrs. BOXER, and Ms. CANTWELL) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

To require new vessels for carrying oil fuel to have double hulls, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `‘Oil Spill Prevention Act of 2008'’.CommentsClose CommentsPermalink

SEC. 2. OIL FUEL TANK PROTECTION.

Section 3306 of title 46, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





`‘(k)(1) All new vessels of the United States with a building contract date after the date of enactment of the Oil Spill Prevention Act of 2008, or delivered after August 1, 2010, with an aggregate capacity of 600 cubic meters or more of oil fuel, shall comply with the requirements of Regulation 12A under Annex I to the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, entitled `‘Oil Fuel Tank Protection'.`’.CommentsClose CommentsPermalink





‘(2) REGULATIONS- The Secretary may prescribe regulations to amend or modify the requirements of this subsection. Any such regulation shall be considered to be an interpretive rule for the purposes of section 553 of title 5.CommentsClose CommentsPermalink





`‘(3) In this subsection, the term `oil fuel'‘oil fuel’ means any oil used as fuel in connection with the propulsion and auxiliary machinery of the vessel in which such oil is carried.'’.CommentsClose CommentsPermalink

SEC. 3. MARITIME EMERGENCY PREVENTION.

(a) IN GENERAL- Section 4 of the Ports and Waterways Safety Act of 1972 (33 U.S.C. 1223) is amended by striking `operate or'‘operate or’ in subsection (b)(1) and inserting `‘operate, including direction to change the vessel'’s heading and speed, or'’.CommentsClose CommentsPermalink





(b) Adequacy of VTS Locations and Infrastructure-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of the department in which the Coast Guard is operating shall continue to conduct individual port and waterway safety assessments under the Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221 et seq.) to determine and prioritize the United States ports, waterways, and channels that are in need of new, expanded, or improved vessel traffic management risk mitigation measures, including vessel traffic service systems, by evaluating--CommentsClose CommentsPermalink





(A) the nature, volume, and frequency of vessel traffic;CommentsClose CommentsPermalink





(B) the risks of collisions, allisions, spills, and other maritime mishaps associated with that traffic;CommentsClose CommentsPermalink





(C) the projected impact of installation, expansion, or improvement of a vessel traffic service system or other risk mitigation measures; andCommentsClose CommentsPermalink





(D) any other relevant data.CommentsClose CommentsPermalink





(2) ANALYSES- Based on the results of the assessments under paragraph (1), the Secretary shall identify the requirements for necessary expansion, improvement, or construction of buildings, networks, communications, or other infrastructure to improve the effectiveness of existing vessel traffic service systems, or necessary to support recommended new vessel traffic service systems, including all necessary costs for construction, reconstruction, expansion, or improvement.CommentsClose CommentsPermalink





(3) PERSONNEL- The Secretary shall--CommentsClose CommentsPermalink





(A) review and validate the recruiting, retention, training, and expansion of the vessel traffic service personnel workforce necessary to maintain the effectiveness of existing vessel traffic service systems and to support any expansion or improvement identified by the Secretary under this section; andCommentsClose CommentsPermalink





(B) require basic navigation training for vessel traffic service watchstander personnel--CommentsClose CommentsPermalink





(i) to support and complement the existing mission of the vessel traffic service to monitor and assess vessel movements within a vessel traffic service Area;CommentsClose CommentsPermalink





(ii) to exchange information regarding vessel movements with vessel and shore-based personnel; andCommentsClose CommentsPermalink





(iii) to provide advisories to vessel masters.CommentsClose CommentsPermalink





(4) REPORT- Within 1 year after the date of enactment of this Act, the Secretary shall submit to the Congress a report consolidating the results of the analyses under paragraph (2), together with recommendations for implementing the study results.CommentsClose CommentsPermalink

SEC. 4. MERCHANT MARINER MEDICAL PROGRAMADVISORY COMMITTEE, MEDICAL STANDARDS, AND MEDICAL REQUIREMENTS.

(a) IN GENERAL- Chapter 71 of title 46, United States Code, is amended by adding at the end thereof the following: CommentsClose CommentsPermalink

`‘Sec. 7115. Merchant mariner medical program`(a) Establishment-`(1)advisory committee, medical standards, and medical requirements

‘(a) Establishment- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall establish a medical review board to provide the Coast Guard with medical advice and recommendations onre is established a Merchant Mariner Medical Advisory Committee. CommentsClose CommentsPermalink





‘(2) FUNCTIONS- The Committee shall-- CommentsClose CommentsPermalink





‘(A) advise the Secretary on matters relating to-- CommentsClose CommentsPermalink





‘(i) medical certification determinations for issuance of merchant mariner credentials; CommentsClose CommentsPermalink





‘(ii) medical standards and guidelines for the physical qualifications of merchant mariners holding Coast Guard issued credentials, medical examiner education, and medical research.`(2) COMPOSITION- The medical review board shall be appointed by the Secretary and shall consist of 5 members selected from medical institutions and private practice. The membership shall reflect expertise in marine relatedoperators of commercial vessels; CommentsClose CommentsPermalink





‘(iii) medical examiner education; CommentsClose CommentsPermalink





‘(iv) medical research; and, CommentsClose CommentsPermalink





‘(B) develop, as appropriate, specific courses and materials for medical examiners listed in the national registry established under this section. CommentsClose CommentsPermalink





‘(3) MEMBERSHIP- CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Committee shall consist of the chief medical examiner and-- CommentsClose CommentsPermalink





‘(i) 10 individuals who are health-care professionals with particular expertise, knowledge, or experience regarding the medical examinations of merchant mariners or occupational medicine and medical specialties relevant to; and CommentsClose CommentsPermalink





‘(ii) 2 individuals who are professional mariners with knowledge and experience in mariner fitness requirements of merchant mariners serving on board vessels.`(boccupational requirements. CommentsClose CommentsPermalink





‘(B) STATUS OF MEMBERS- Except for the chief medical examiner, members of the Committee shall not be considered Federal employees or otherwise in the service or the employment of the Federal Government, except that members shall be considered special Government employees, as defined in section 202(a) of title 18 and shall be subject to any administrative standards of conduct applicable to the employees of the department in which the Coast Guard is operating. CommentsClose CommentsPermalink





‘(C) COMPENSATION; REIMBURSEMENT- Except for the chief medical examiner, members of the Committee shall serve without compensation, except that, while engaged in the performance of duties away from their homes or regular places of business of the member, the member of the Committee may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5. CommentsClose CommentsPermalink





‘(b) Appointments; Terms; Vacancies; Organization- CommentsClose CommentsPermalink





‘(1) The Secretary shall appoint the members of the Committee, and each member shall serve at the pleasure of the Secretary. CommentsClose CommentsPermalink





‘(2) The members shall be appointed for a term of 3 years, except that, of the members first appointed, 3 members shall be appointed for a term of 2 years and 3 members shall be appointed for a term of 1 year. CommentsClose CommentsPermalink





‘(3) Any member appointed to fill the vacancy prior to the expiration of the term for which such member’s predecessor was appointed shall be appointed for the remainder of such term. CommentsClose CommentsPermalink





‘(4) The Secretary shall designate 1 member other than the chief medical examiner as the Chairman and 1 member other than the chief medical examiner as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. CommentsClose CommentsPermalink





‘(5) STAFF; SERVICES- The Secretary shall furnish to the Committee the personnel and services as are considered necessary for the conduct of its business. CommentsClose CommentsPermalink





‘(6) FIRST MEETING- No later than 6 months after the date of enactment of the Oil Spill Prevention Act of 2008, the Committee shall hold its first meeting. CommentsClose CommentsPermalink





‘(c) CHIEF MEDICAL EXAMINER- The Secretary shall appoint a chief medical examiner who shall be an employee of the Coast Guard and who will serve as a chief medical examiner and who shall hold a position under section 3104 of title 5 relating to employment of specially qualified scientific and professional personnel, and shall be paid under section 5376 of title 5, relating to pay for certain senior-level positions. CommentsClose CommentsPermalink





`(c‘(d) Medical Standards and Requirements- CommentsClose CommentsPermalink





`(1)‘(1) In general- The Secretary, with the advice of the medical review board and the chief medical examiner, shall--`Committee , shall-- CommentsClose CommentsPermalink





‘(A) establish, review, and revise-- CommentsClose CommentsPermalink





`‘(i) medical standards for merchant mariners that will ensure that the physical condition of merchant mariners is adequate to enable them to safely carry out their duties on board vessels; CommentsClose CommentsPermalink





and`‘(ii) requirements for periodic physical examinations of such merchant performed by a medical examiner mariners performed by a medical examiner (who shall be a license physician) who haves, at a minimum, self-certified that they havehe or she has completed training in physical and medical examination standards and areis listed on a registry of medical examiners maintained in accordance with subsection (d) of this section;`e) of this section; CommentsClose CommentsPermalink





‘(B) require each such merchant mariner to have a current valid medical certificate; CommentsClose CommentsPermalink





`‘(C) conduct periodic reviews of a select number of medical examiners on the national registry to ensure that proper examinations of such merchantmerchant mariners are being conducted; CommentsClose CommentsPermalink





`(D) develop, as appropriate, specific courses and materials for medical examiners listed in the national registry established under this section, and‘(D) require those medical examinerseach such medical examiner to, at a minimum, self-certify that they havehe or she has completed specific training, including refresher courses, to be listed in the registry; CommentsClose CommentsPermalink





`‘(E) require medical examiners to transmit the name of the applicant and numerical identifier, as determined by the Coast Guard, for any completed medical examination report required under regulations established by the Secretary, electronically to the chief medical examiner on monthly basis; and CommentsClose CommentsPermalink





`‘(F) periodically review a representative sample of the medical examiners'’ reports associated with the name and numerical identifiers of applicants transmitted under subparagraph (E) for errors, omissions, or other indications of improper certification. CommentsClose CommentsPermalink





`‘(2) MONITORING PERFORMANCE- The Secretary shall investigate patterns of errors or improper certification by medical examiners. If the Secretary finds that an medical examiner medical examiner has issued a medical certificate to a merchant mariner who fails to meet the applicable standards at the time of the examination or that a medical examiner has falsely claimed to have completed training in physical and medical examination standards as required by this section, the Secretary may remove such medical examiner the name of such medical examiner from the registry and may void the medical certificate of the applicant or holder. CommentsClose CommentsPermalink





`(d‘(e) NATIONAL REGISTRY OF MEDICAL EXAMINERS- The Secretary, acting through the Commandant of the Coast Guard-- CommentsClose CommentsPermalink





`‘(1) shall establish and maintain a current national registry of medical examiners (who shall be licensed physicians) who are qualified to perform examinations and issue medical certificates; CommentsClose CommentsPermalink





`‘(2) shall remove from the registry the name of any medical examiner who fails to meet or maintain the qualifications established by the Secretary for being listed in the registry or otherwise does not meet the requirements of this section or a regulation issued under this section; CommentsClose CommentsPermalink





`‘(3) shall accept as valid only medical certificates issued by persons on the national registry of medical examiners; CommentsClose CommentsPermalink





`(4) ‘(4) may make participation of medical examiners in the national registry voluntary if such a change will enhance the safety of merchant mariners holding United States Coast Guard issued credentials; and CommentsClose CommentsPermalink





`(5) shall also‘(5) shall include in the registry established under paragraph (1) licensed physicians who are certified by the Secretary of Transportation to perform medical examinations of operators of commercial motor vehicles under section 31149 of title 49 and airmen. CommentsClose CommentsPermalink





`(e) REGULATIONS ‘(f) MEDICAL EXAMINER DEFINED- In this section, the term ‘medical examiner’ means an individual licensed, certified, or registered in accordance with the regulations issued by the Coast Guard as a medical examiner. CommentsClose CommentsPermalink





‘(g) COORDINATION- The Secretary shall coordinate, where appropriate, with the Secretary of Transportation to utilize existing systems, processes, and procedures where appropriate synergies exist in the administration of the Federal Motor Carrier Safety Administration’s Medical Program authorized under section 31149 of title 49 and the Federal Aviation Administration’s Office of Aerospace Medicine authorized under section 44702 of that title. CommentsClose CommentsPermalink





‘(h) REGULATIONS- The Secretary may issue such regulations as may be necessary to carry out this section.'’. CommentsClose CommentsPermalink





(b) CLERICAL AMENDMENT- The chapter analysis for chapter 71 of title 46, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink





`‘7115. Merchant mariner medical program.'advisory committee, medical standards, and medical requirements’. CommentsClose CommentsPermalink

SEC. 5. STUDY OF MARINE CASUALTY CAUSATION.

(a) OBJECTIVES- The Secretary of the department in which the Coast Guard is operating shall conduct a comprehensive study to determine the causes of, and contributing factors to, marine casualties. The study shall also identify data requirements and collection procedures, reports, and other measures that will improve the department'’s ability--CommentsClose CommentsPermalink





(1) to evaluate future marine casualties;CommentsClose CommentsPermalink





(2) to monitor trends to identify causes and contributing factors; andCommentsClose CommentsPermalink





(3) to develop effective safety improvement policies, including workload, manning and medical review provisions, and programs.CommentsClose CommentsPermalink





(b) DESIGN- The study shall employ standard research methods and statistical analysis and be designed to yield information that will--CommentsClose CommentsPermalink





(1) help the department assess the role that workload and fatigue play in marine casualty causation;CommentsClose CommentsPermalink





(2) help the department assess the role that manning, particularly a one man bridge operation, plays in marine casualty causation;CommentsClose CommentsPermalink





(3) help the department assess the role that the medical condition of merchant mariners plays in marine casualty causation;CommentsClose CommentsPermalink





(4) help the department to identify activities and other measures likely to lead to significant reductions in the frequency and severity of marine casualties; andCommentsClose CommentsPermalink





(5) to the extent practicable, rank such activities and measures by the reductions each would likely achieve if implemented.CommentsClose CommentsPermalink





(c) CONSULTATION- In designing and conducting the study, the Secretary shall--CommentsClose CommentsPermalink





(1) consult with persons with expertise on marine casualty causation and prevention;CommentsClose CommentsPermalink





(2) consult with merchant mariners, ship managers, human factors professionals, occupational medicine specialists, and providers of medical review services to the maritime industry;CommentsClose CommentsPermalink





(3) consult with academic institutions, domestic and foreign, with particular experience and expertise in workload and fatigue, safe manning, and the medical condition of merchant mariners in the maritime environment; andCommentsClose CommentsPermalink





(4) review the relevant literature available on previous studies from domestic and foreign sources.CommentsClose CommentsPermalink





(d) PUBLIC COMMENT- The Secretary shall make available for public comment information about the objectives, methodology, implementation, findings, and other aspects of the study.CommentsClose CommentsPermalink





(e) Reports-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall promptly transmit to Congress the results of the study, together with any legislative recommendations.CommentsClose CommentsPermalink





(2) REVIEW AND UPDATE- The Secretary shall review the study at least once every 5 years and update the study and report as necessary.CommentsClose CommentsPermalink

(a) STUDY- The Commandant of the Coast Guard shall conduct a study of the need for tractor tug escorts to be used by vessels carrying petroleum products or with large supplies of fuel onboard in the 5 largest United States ports, by volume, where the use of such tugs by those vessels is not otherwise required by State law or Captain-of-the-Port order. The study shall include-- CommentsClose CommentsPermalink





(1) an evaluation of the necessary ..AEMD23AFpower requirements of such tractor tug escorts; CommentsClose CommentsPermalink





(2) an analysis of the appropriate passages for the use of such tractor tug escorts; and CommentsClose CommentsPermalink





(3) an inventory and analysis of the existing use of tractor tug escorts in United States ports. CommentsClose CommentsPermalink





(b) REPORT- Within 1 year after the date of enactment of this Act, the Commandant shall submit the report, together with any findings, conclusions, and recommendations the Commandant deems appropriate, to the Senate Committee on Commerce, Science, and Transportation. CommentsClose CommentsPermalink