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HR 2652 IHCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 2652CommentsClose CommentsPermalink

To amend title 46, United States Code, to improve vessel safety, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

June 2, 2009CommentsClose CommentsPermalink

Mr. OBERSTAR (for himself and Mr. CUMMINGS) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureCommentsClose CommentsPermalink

---

A BILLCommentsClose CommentsPermalink

To amend title 46, United States Code, to improve vessel safety, 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 ‘Maritime Safety Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. VESSEL SIZE LIMITS.

(a) Length, Tonnage, and Horsepower- Section 12113(d)(2) of title 46, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting ‘and’ after the semicolon at the end of subparagraph (A)(i);CommentsClose CommentsPermalink





(2) by striking ‘and’ at the end of subparagraph (A)(ii);CommentsClose CommentsPermalink





(3) by striking subparagraph (A)(iii);CommentsClose CommentsPermalink





(4) by striking the period at the end of subparagraph (B) and inserting ‘; or’; andCommentsClose CommentsPermalink





(5) by inserting at the end the following:CommentsClose CommentsPermalink





‘(C) the vessel is either a rebuilt vessel or a replacement vessel under section 208(g) of the American Fisheries Act (title II of division C of Public Law 105-277; 112 Stat. 2681-627) and is eligible for a fishery endorsement under this section.’.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) VESSEL REBUILDING AND REPLACEMENT- Section 208(g) of the American Fisheries Act (title II of division C of Public Law 105-277; 112 Stat. 2681-627) is amended to read as follows:CommentsClose CommentsPermalink





‘(g) Vessel Rebuilding and Replacement-CommentsClose CommentsPermalink





‘(1) IN GENERAL-CommentsClose CommentsPermalink





‘(A) REBUILD OR REPLACE- Notwithstanding any limitation to the contrary on replacing, rebuilding, or lengthening vessels or transferring permits or licenses to a replacement vessel contained in sections 679.2 and 679.4 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the Maritime Safety Act of 2009 and except as provided in paragraph (4), the owner of a vessel eligible under subsection (a), (b), (c), (d), or (e) (other than paragraph (21)), in order to improve vessel safety and operational efficiencies (including fuel efficiency), may rebuild or replace that vessel (including fuel efficiency) with a vessel documented with a fishery endorsement under section 12113 of title 46, United States Code.CommentsClose CommentsPermalink





‘(B) SAME REQUIREMENTS- The rebuilt or replacement vessel shall be eligible in the same manner and subject to the same restrictions and limitations under such subsection as the vessel being rebuilt or replaced.CommentsClose CommentsPermalink





‘(C) TRANSFER OF PERMITS AND LICENSES- Each fishing permit and license held by the owner of a vessel or vessels to be rebuilt or replaced under subparagraph (A) shall be transferred to the rebuilt or replacement vessel.CommentsClose CommentsPermalink





‘(2) RECOMMENDATIONS OF NORTH PACIFIC FISHERY MANAGEMENT COUNCIL- The North Pacific Fishery Management Council may recommend for approval by the Secretary such conservation and management measures, including size limits and measures to control fishing capacity, in accordance with the Magnuson-Stevens Act as it considers necessary to ensure that this subsection does not diminish the effectiveness of fishery management plans of the Bering Sea and Aleutian Islands Management Area or the Gulf of Alaska.CommentsClose CommentsPermalink





‘(3) SPECIAL RULE FOR REPLACEMENT OF CERTAIN VESSELS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Notwithstanding the requirements of subsections (b)(2), (c)(1), and (c)(2) of section 12113 of title 46, United States Code, a vessel that is eligible under subsection (a), (b), (c), (d), or (e) (other than paragraph (21)) and that qualifies to be documented with a fishery endorsement pursuant to section 203(g) or 213(g) may be replaced with a replacement vessel under paragraph (1) if the vessel that is replaced is validly documented with a fishery endorsement pursuant to section 203(g) or 213(g) before the replacement vessel is documented with a fishery endorsement under section 12113 of title 46, United States Code.CommentsClose CommentsPermalink





‘(B) APPLICABILITY- A replacement vessel under subparagraph (A) and its owner and mortgagee are subject to the same limitations under section 203(g) or 213(g) that are applicable to the vessel that has been replaced and its owner and mortgagee.CommentsClose CommentsPermalink





‘(4) SPECIAL RULES FOR CERTAIN CATCHER VESSELS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A replacement for a covered vessel described in subparagraph (B) is prohibited from harvesting fish in any fishery (except for the Pacific whiting fishery) managed under the authority of any Regional Fishery Management Council (other than the North Pacific Fishery Management Council) established under section 302(a) of the Magnuson-Stevens Act.CommentsClose CommentsPermalink





‘(B) COVERED VESSELS- A covered vessel referred to in subparagraph (A) is--CommentsClose CommentsPermalink





‘(i) a vessel eligible under subsection (a), (b), or (c) that is replaced under paragraph (1); orCommentsClose CommentsPermalink





‘(ii) a vessel eligible under subsection (a), (b), or (c) that is rebuilt to increase its registered length, gross tonnage, or shaft horsepower.CommentsClose CommentsPermalink





‘(5) LIMITATION ON FISHERY ENDORSEMENTS- Any vessel that is replaced under this subsection shall thereafter not be eligible for a fishery endorsement under section 12113 of title 46, United States Code, unless that vessel is also a replacement vessel described in paragraph (1).CommentsClose CommentsPermalink





‘(6) GULF OF ALASKA LIMITATION- Notwithstanding paragraph (1), the Secretary shall prohibit from participation in the groundfish fisheries of the Gulf of Alaska any vessel that is rebuilt or replaced under this subsection and that exceeds the maximum length overall specified on the license that authorizes fishing for groundfish pursuant to the license limitation program under part 679 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the Maritime Safety Act of 2009.CommentsClose CommentsPermalink





‘(7) AUTHORITY OF PACIFIC COUNCIL- Nothing in this section shall be construed to diminish or otherwise affect the authority of the Pacific Council to recommend to the Secretary conservation and management measures to protect fisheries under its jurisdiction (including the Pacific whiting fishery) and participants in such fisheries from adverse impacts caused by this Act.’.CommentsClose CommentsPermalink





(2) EXEMPTION OF CERTAIN VESSELS- Section 203(g) of the American Fisheries Act (title II of division C of Public Law 105-277; 112 Stat. 2681-620) is amended--CommentsClose CommentsPermalink





(A) by inserting ‘and’ after ‘(United States official number 651041)’;CommentsClose CommentsPermalink





(B) by striking ‘, NORTHERN TRAVELER (United States official number 635986), and NORTHERN VOYAGER (United States official number 637398) (or a replacement vessel for the NORTHERN VOYAGER that complies with paragraphs (2), (5), and (6) of section 208(g) of this Act)’; andCommentsClose CommentsPermalink





(C) by striking ‘, in the case of the NORTHERN’ and all that follows through ‘PHOENIX,’.CommentsClose CommentsPermalink





(3) FISHERY COOPERATIVE EXIT PROVISIONS- Section 210(b) of the American Fisheries Act (title II of division C of Public Law 105-277; 112 Stat. 2681-629) is amended--CommentsClose CommentsPermalink





(A) by moving the matter beginning with ‘the Secretary shall’ in paragraph (1) 2 ems to the right; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(7) FISHERY COOPERATIVE EXIT PROVISIONS-CommentsClose CommentsPermalink





‘(A) FISHING ALLOWANCE DETERMINATION- For purposes of determining the aggregate percentage of directed fishing allowances under paragraph (1), when a catcher vessel is removed from the directed pollock fishery, the fishery allowance for pollock for the vessel being removed--CommentsClose CommentsPermalink





‘(i) shall be based on the catch history determination for the vessel made pursuant to section 679.62 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the Maritime Safety Act of 2009; andCommentsClose CommentsPermalink





‘(ii) shall be assigned, for all purposes under this title, in the manner specified by the owner of the vessel being removed to any other catcher vessel or among other catcher vessels participating in the fishery cooperative if such vessel or vessels remain in the fishery cooperative for at least one year after the date on which the vessel being removed leaves the directed pollock fishery.CommentsClose CommentsPermalink





‘(B) ELIGIBILITY FOR FISHERY ENDORSEMENT- Except as provided in subparagraph (C), a vessel that is removed pursuant to this paragraph shall be permanently ineligible for a fishery endorsement, and any claim (including relating to catch history) associated with such vessel that could qualify any owner of such vessel for any permit to participate in any fishery within the exclusive economic zone of the United States shall be extinguished, unless such removed vessel is thereafter designated to replace a vessel to be removed pursuant to this paragraph.CommentsClose CommentsPermalink





‘(C) LIMITATIONS ON STATUTORY CONSTRUCTION- Nothing in this paragraph shall be construed--CommentsClose CommentsPermalink





‘(i) to make the vessels AJ (United States official number 905625), DONA MARTITA (United States official number 651751), NORDIC EXPLORER (United States official number 678234), and PROVIDIAN (United States official number 1062183) ineligible for a fishery endorsement or any permit necessary to participate in any fishery under the authority of the New England Fishery Management Council or the Mid-Atlantic Fishery Management Council established, respectively, under subparagraphs (A) and (B) of section 302(a)(1) of the Magnuson-Stevens Act; orCommentsClose CommentsPermalink





‘(ii) to allow the vessels referred to in clause (i) to participate in any fishery under the authority of the Councils referred to in clause (i) in any manner that is not consistent with the fishery management plan for the fishery developed by the Councils under section 303 of the Magnuson-Stevens Act.’.CommentsClose CommentsPermalink

SEC. 3. COLD WEATHER SURVIVAL TRAINING.

(a) Report- The Commandant of the Coast Guard shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the efficacy of cold weather survival training conducted by the Coast Guard in Coast Guard District 17 over the preceding 5 years. The report shall include plans for conducting such training in fiscal years 2010 through 2013.CommentsClose CommentsPermalink





(b) Authorization of Appropriations for Training- There are authorized to be appropriated to the Secretary of Homeland Security $150,000 to carry out cold weather survival training in Coast Guard District 17.CommentsClose CommentsPermalink

SEC. 4. FISHING VESSEL SAFETY.

(a) Safety Standards- Section 4502 of title 46, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by--CommentsClose CommentsPermalink





(A) striking paragraphs (6) and (7) and inserting the following:CommentsClose CommentsPermalink





‘(6) other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary determines that a risk of serious injury exists that can be eliminated or mitigated by that equipment; and’; andCommentsClose CommentsPermalink





(B) redesignating paragraph (8) as paragraph (7);CommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1) in the matter preceding subparagraph (A), by striking ‘documented’;CommentsClose CommentsPermalink





(B) in paragraph (1)(A), by striking ‘the Boundary Line’ and inserting ‘3 nautical miles from the baseline from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes’;CommentsClose CommentsPermalink





(C) in paragraph (2)(B), by striking ‘lifeboats or liferafts’ and inserting ‘a survival craft that ensures that no part of an individual is immersed in water’;CommentsClose CommentsPermalink





(D) in paragraph (2)(D), by inserting ‘marine’ before ‘radio’;CommentsClose CommentsPermalink





(E) in paragraph (2)(E), by striking ‘radar reflectors, nautical charts, and anchors’ and inserting ‘nautical charts, and publications’;CommentsClose CommentsPermalink





(F) in paragraph (2)(F), by striking ‘, including medicine chests’ and inserting ‘and medical supplies sufficient for the size and area of operation of the vessel’ andCommentsClose CommentsPermalink





(G) by amending paragraph (2)(G) to read as follows:CommentsClose CommentsPermalink





‘(G) ground tackle sufficient for the vessel.’;CommentsClose CommentsPermalink





(3) by amending subsection (f) to read as follows:CommentsClose CommentsPermalink





‘(f) To ensure compliance with the requirements of this chapter, the Secretary--CommentsClose CommentsPermalink





‘(1) shall require the individual in charge of a vessel described in subsection (b) to keep a record of equipment maintenance, and required instruction and drills; andCommentsClose CommentsPermalink





‘(2) shall examine at dockside a vessel described in subsection (b) at least once every 2 years, and shall issue a certificate of compliance to a vessel meeting the requirements of this chapter.’; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





‘(g)(1) The individual in charge of a vessel described in subsection (b) must pass a training program approved by the Secretary that meets the requirements in paragraph (2) of this subsection and hold a valid certificate issued under that program.CommentsClose CommentsPermalink





‘(2) The training program shall--CommentsClose CommentsPermalink





‘(A) be based on professional knowledge and skill obtained through sea service and hands-on training, including training in seamanship, stability, collision prevention, navigation, fire fighting and prevention, damage control, personal survival, emergency medical care, emergency drills, and weather;CommentsClose CommentsPermalink





‘(B) require an individual to demonstrate ability to communicate in an emergency situation and understand information found in navigation publications;CommentsClose CommentsPermalink





‘(C) recognize and give credit for recent past experience in fishing vessel operation; andCommentsClose CommentsPermalink





‘(D) provide for issuance of a certificate to an individual that has successfully completed the program.CommentsClose CommentsPermalink





‘(3) The Secretary shall prescribe regulations implementing this subsection. The regulations shall require that individuals who are issued a certificate under paragraph (2)(D) must complete refresher training at least once every 5 years as a condition of maintaining the validity of the certificate.CommentsClose CommentsPermalink





‘(4) The Secretary shall establish a publicly accessible electronic database listing the names of individuals who have participated in and received a certificate confirming successful completion of a training program approved by the Secretary under this section.CommentsClose CommentsPermalink





‘(h) A vessel to which this chapter applies shall be constructed in a manner that provides a level of safety equivalent to the minimum safety standards the Secretary may established for recreational vessels under section 4302, if--CommentsClose CommentsPermalink





‘(1) subsection (b) of this section applies to the vessel;CommentsClose CommentsPermalink





‘(2) the vessel is less than 50 feet overall in length; andCommentsClose CommentsPermalink





‘(3) the vessel is built after January 1, 2010.CommentsClose CommentsPermalink





‘(i)(1) The Secretary shall establish a Fishing Safety Training Grants Program to provide funding to municipalities, port authorities, other appropriate public entities, not-for-profit organizations, and other qualified persons that provide commercial fishing safety training--CommentsClose CommentsPermalink





‘(A) to conduct fishing vessel safety training for vessel operators and crewmembers that--CommentsClose CommentsPermalink





‘(i) in the case of vessel operators, meets the requirements of subsection (g); andCommentsClose CommentsPermalink





‘(ii) in the case of crewmembers, meets the requirements of subsection (g)(2)(A), such requirements of subsection (g)(2)(B) as are appropriate for crewmembers, and the requirements of subsections (g)(2)(D), (g)(3), and (g)(4); andCommentsClose CommentsPermalink





‘(B) for purchase of safety equipment and training aids for use in those fishing vessel safety training programs.CommentsClose CommentsPermalink





‘(2) The Secretary shall award grants under this subsection on a competitive basis.CommentsClose CommentsPermalink





‘(3) The Federal share of the cost of any activity carried out with a grant under this subsection shall not exceed 75 percent.CommentsClose CommentsPermalink





‘(4) There is authorized to be appropriated $3,000,000 for each of fiscal years 2010 through 2014 for grants under this subsection.CommentsClose CommentsPermalink





‘(j)(1) The Secretary shall establish a Fishing Safety Research Grant Program to provide funding to individuals in academia, members of non-profit organizations and businesses involved in fishing and maritime matters, and other persons with expertise in fishing safety, to conduct research on methods of improving the safety of the commercial fishing industry, including vessel design, emergency and survival equipment, enhancement of vessel monitoring systems, communications devices, de-icing technology, and severe weather detection.CommentsClose CommentsPermalink





‘(2) The Secretary shall award grants under this subsection on a competitive basis.CommentsClose CommentsPermalink





‘(3) The Federal share of the cost of any activity carried out with a grant under this subsection shall not exceed 75 percent.CommentsClose CommentsPermalink





‘(4) There is authorized to be appropriated $3,000,000 for each fiscal years 2010 through 2014 for activities under this subsection.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 4506(b) of title 46, United States Code, is repealed.CommentsClose CommentsPermalink





(c) Advisory Committee-CommentsClose CommentsPermalink





(1) CHANGE OF NAME- Section 4508 of title 46, United States Code, is amended--CommentsClose CommentsPermalink





(A) by striking the section heading and inserting the following:CommentsClose CommentsPermalink

‘Sec. 4508. Commercial Fishing Safety Advisory Committee’;

andCommentsClose CommentsPermalink





(B) in subsection (a) by striking ‘Industry Vessel’.CommentsClose CommentsPermalink





(2) MEMBERSHIP REQUIREMENTS- Section 4508(b)(1) of that title is amended--CommentsClose CommentsPermalink





(A) by striking ‘seventeen’ and inserting ‘eighteen’;CommentsClose CommentsPermalink





(B) in subparagraph (A)--CommentsClose CommentsPermalink





(i) in the matter preceding clause (i), by striking ‘from the commercial fishing industry who--’ and inserting ‘who shall represent the commercial fishing industry and who--’; andCommentsClose CommentsPermalink





(ii) in clause (ii), by striking ‘an uninspected’ and inserting ‘a’;CommentsClose CommentsPermalink





(C) by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink





‘(B) three members who shall represent the general public, including, whenever possible--CommentsClose CommentsPermalink





‘(i) an independent expert or consultant in maritime safety;CommentsClose CommentsPermalink





‘(ii) a marine surveyor who provides services to vessels to which this chapter applies; andCommentsClose CommentsPermalink





‘(iii) a person familiar with issues affecting fishing communities and families of fishermen;’; andCommentsClose CommentsPermalink





(D) in subparagraph (C)--CommentsClose CommentsPermalink





(i) in the matter preceding clause (i), by striking ‘representing each of--’ and inserting ‘each of whom shall represent--’;CommentsClose CommentsPermalink





(ii) in clause (i), by striking ‘or marine surveyors;’ and inserting ‘and marine engineers;’;CommentsClose CommentsPermalink





(iii) in clause (iii), by striking ‘and’ after the semicolon at the end;CommentsClose CommentsPermalink





(iv) in clause (iv), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(v) by adding at the end the following new clause:CommentsClose CommentsPermalink





‘(v) owners of vessels to which this chapter applies.’.CommentsClose CommentsPermalink





(3) TERMINATION- Section 4508(e)(1) of that title is amended by striking ‘September 30, 2010.’ and inserting ‘September 30, 2020.’.CommentsClose CommentsPermalink





(4) CLERICAL AMENDMENT- The table of section at the beginning of chapter 45 of title 46, United States Code, is amended by striking the item relating to such section and inserting the following:CommentsClose CommentsPermalink





‘4508. Commercial Fishing Safety Advisory Committee.’.CommentsClose CommentsPermalink





(d) Loadlines for Vessels 79 Feet or Greater in Length- Section 5102(b)(3) of title 46, United States Code, is amended by inserting after ‘vessel’ the following ‘, unless the vessel is built or undergoes a major conversion completed after July 1, 2010’.CommentsClose CommentsPermalink





(e) Classing of Vessels-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 4503 of title 46, United States Code, is amended--CommentsClose CommentsPermalink





(A) by striking the section heading and inserting the following:CommentsClose CommentsPermalink

‘Sec. 4503. Fishing, fish tender, and fish processing vessel certification’;

(B) in subsection (a) by striking ‘fish processing’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(c) This section applies to a vessel to which section 4502(b) of this title applies that is at least 50 feet overall in length and--CommentsClose CommentsPermalink





‘(1) is built after July 1, 2010; orCommentsClose CommentsPermalink





‘(2) undergoes a major conversion completed after that date.CommentsClose CommentsPermalink





‘(d)(1) After January 1, 2020, a fishing vessel, fish processing vessel, or fish tender vessel to which section 4502(b) of this title applies shall comply with an alternate safety compliance program that is developed in cooperation with the commercial fishing industry and prescribed by the Secretary, if the vessel--CommentsClose CommentsPermalink





‘(A) is at least 50 feet overall in length;CommentsClose CommentsPermalink





‘(B) is built before July 1, 2010; andCommentsClose CommentsPermalink





‘(C) is 25 years of age or older.CommentsClose CommentsPermalink





‘(2) Alternative safety compliance programs may be developed for purposes of paragraph (1) for specific regions and fisheries.CommentsClose CommentsPermalink





‘(3) A fishing vessel, fish processing vessel, or fish tender vessel to which section 4502(b) of this title applies that was classed before July 1, 2010, shall--CommentsClose CommentsPermalink





‘(A) remain subject to the requirements of a classification society approved by the Secretary; andCommentsClose CommentsPermalink





‘(B) have on board a certificate from that society.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of section at the beginning of chapter 45 of title 46, United States Code, is amended by striking the item relating to such section and inserting the following:CommentsClose CommentsPermalink





‘4503. Fishing, fish tender, and fish processing vessel certification.’.CommentsClose CommentsPermalink





(f) Alternative Safety Compliance Program- No later than January 1, 2017, the Secretary of the department in which the Coast Guard is operating shall prescribe an alternative safety compliance program referred to in section 4503(d) of the title 46, United States Code, as amended by this section.CommentsClose CommentsPermalink

SEC. 5. MARINER RECORDS.

Section 7502 of title 46, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting ‘(a)’ before ‘The’;CommentsClose CommentsPermalink





(2) by striking ‘computerized records’ and inserting ‘records, including electronic records,’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(b) The Secretary may prescribe regulations requiring a vessel owner or managing operator of a commercial vessel, or the employer of a seaman on that vessel, to maintain records of each individual engaged on the vessel on matters of engagement, discharge, and service for not less than 5 years after the date of the completion of the service of that individual on the vessel. The regulations may require that a vessel owner, managing operator, or employer shall make these records available to the individual and the Coast Guard on request.CommentsClose CommentsPermalink





‘(c) A person violating this section, or a regulation prescribed under this section, is liable to the United States Government for a civil penalty of not more than $5,000.’.CommentsClose CommentsPermalink

SEC. 6. DELETION OF EXEMPTION OF LICENSE REQUIREMENT FOR OPERATORS OF CERTAIN TOWING VESSELS.

Section 8905 of title 46, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking subsection (b); andCommentsClose CommentsPermalink





(2) by redesignating subsection (c) as subsection (b).CommentsClose CommentsPermalink

SEC. 7. LOG BOOKS.

(a) In General- Chapter 113 of title 46, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 11304. Additional logbook and entry requirements

‘(a) A vessel of the United States that is subject to inspection under section 3301 of this title, except a vessel on a voyage from a port in the United States to a port in Canada, shall have an official logbook, which shall be kept available for review by the Secretary on request.CommentsClose CommentsPermalink





‘(b) The log book required by subsection (a) shall include the following entries:CommentsClose CommentsPermalink





‘(1) The time when each seaman and each officer assumed or relieved the watch.CommentsClose CommentsPermalink





‘(2) The number of hours in service to the vessels of each seaman and each officer.CommentsClose CommentsPermalink





‘(3) An account of each accident, illness, and injury that occurs during each watch.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following:CommentsClose CommentsPermalink





‘11304. Additional logbook and entry requirements.’.CommentsClose CommentsPermalink

SEC. 8. SAFE OPERATIONS AND EQUIPMENT STANDARDS.

(a) In General- Chapter 21 of title 46, United States Code, is amended by adding at the end the following new sections:CommentsClose CommentsPermalink

‘Sec. 2116. Termination for unsafe operation

‘An individual authorized to enforce this title--CommentsClose CommentsPermalink





‘(1) may remove a certificate required by this title from a vessel that is operating in a condition that does not comply with the provisions of the certificate;CommentsClose CommentsPermalink





‘(2) may order the individual in charge of a vessel that is operating that does not have on board the certificate required by this title to return the vessel to a mooring and to remain there until the vessel is in compliance with this title; andCommentsClose CommentsPermalink





‘(3) may direct the individual in charge of a vessel to which this title applies to immediately take reasonable steps necessary for the safety of individuals on board the vessel if the official observes the vessel being operated in an unsafe condition that the official believes creates an especially hazardous condition, including ordering the individual in charge to return the vessel to a mooring and to remain there until the situation creating the hazard is corrected or ended.CommentsClose CommentsPermalink

‘Sec. 2117. Establishment of equipment standards

‘(a) In establishing standards for approved equipment required on vessels subject to part B of this title, the Secretary shall establish standards that are--CommentsClose CommentsPermalink





‘(1) based on performance using the best available technology that is economically achievable; andCommentsClose CommentsPermalink





‘(2) operationally practical.CommentsClose CommentsPermalink





‘(b) Using the standards established under subsection (a), the Secretary may also certify lifesaving equipment that is not required to be carried on vessels subject to part B of this title to ensure that such equipment is suitable for its intended purpose.CommentsClose CommentsPermalink





‘(c) At least once every 10 years the Secretary shall review and revise the standards established under subsection (a) to ensure that the standards meet the requirements of this section.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of that title is amended by adding at the end the following:CommentsClose CommentsPermalink





‘2116. Termination for unsafe operation.CommentsClose CommentsPermalink





‘2117. Establishment of equipment standards.’.CommentsClose CommentsPermalink

SEC. 9. APPROVAL OF SURVIVAL CRAFT.

(a) In General- Chapter 31 of title 46, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 3104. Survival craft

‘(a) Except as provided in subsection (b), the Secretary may not approve a survival craft as a safety device for purposes of this part, unless the craft ensures that no part of an individual is immersed in water.CommentsClose CommentsPermalink





‘(b) The Secretary may authorize a survival craft that does not provide protection described in subsection (a) to remain in service until not later than January 1, 2015, if--CommentsClose CommentsPermalink





‘(1) it was approved by the Secretary before January 1, 2010; andCommentsClose CommentsPermalink





‘(2) it is in serviceable condition.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of that title is amended by adding at the end the following:CommentsClose CommentsPermalink





‘3104. Survival craft.’.CommentsClose CommentsPermalink

SEC. 10. SAFETY MANAGEMENT.

(a) Vessels to Which Requirements Apply- Section 3202 of title 46, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a) by striking the heading and inserting ‘Foreign Voyages and Foreign Vessels- ’;CommentsClose CommentsPermalink





(2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively;CommentsClose CommentsPermalink





(3) by inserting after subsection (a) the following:CommentsClose CommentsPermalink





‘(b) Other Passenger Vessels- This chapter applies to a vessel that is--CommentsClose CommentsPermalink





‘(1) a passenger vessel or small passenger vessel; andCommentsClose CommentsPermalink





‘(2) is transporting more passengers than a number prescribed by the Secretary based on the number of individuals on the vessel that could be killed or injured in a marine casualty.’;CommentsClose CommentsPermalink





(4) in subsection (d), as so redesignated, by striking ‘subsection (b)’ and inserting ‘subsection (c)’;CommentsClose CommentsPermalink





(5) in subsection (d)(4), as so redesignated, by inserting ‘that is not described in subsection (b) of this section’ after ‘waters’.CommentsClose CommentsPermalink





(b) Safety Management System- Section 3203 of title 46, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(c) In prescribing regulations for passenger vessels and small passenger vessels, the Secretary shall consider--CommentsClose CommentsPermalink





‘(1) the characteristics, methods of operation, and nature of the service of these vessels; andCommentsClose CommentsPermalink





‘(2) with respect to vessels that are ferries, the sizes of the ferry systems within which the vessels operate.’.CommentsClose CommentsPermalink

SEC. 11. PROTECTION AGAINST DISCRIMINATION.

(a) In General- Section 2114 of title 46, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1)(A), by striking ‘or’ after the semicolon;CommentsClose CommentsPermalink





(2) in subsection (a)(1)(B), by striking the period at the end and inserting a semicolon;CommentsClose CommentsPermalink





(3) by adding at the end of subsection (a)(1) the following new subparagraphs:CommentsClose CommentsPermalink





‘(C) the seaman testified in a proceeding brought to enforce a maritime safety law or regulation prescribed under that law;CommentsClose CommentsPermalink





‘(D) the seaman notified, or attempted to notify, the vessel owner or the Secretary of a work-related personal injury or work-related illness of a seaman;CommentsClose CommentsPermalink





‘(E) the seaman cooperated with a safety investigation by the Secretary or the National Transportation Safety Board;CommentsClose CommentsPermalink





‘(F) the seaman furnished information to the Secretary, the National Transportation Safety Board, or any other public official as to the facts relating to any marine casualty resulting in injury or death to an individual or damage to property occurring in connection with vessel transportation; orCommentsClose CommentsPermalink





‘(G) the seaman accurately reported hours of duty under this part.’; andCommentsClose CommentsPermalink





(4) by amending subsection (b) to read as follows:CommentsClose CommentsPermalink





‘(b) A seaman alleging discharge or discrimination in violation of subsection (a) of this section, or another person at the seaman’s request, may file a complaint with respect to such allegation in the same manner as a complaint may be filed under subsection (b) of section 31105 of title 49. Such complaint shall be subject to the procedures, requirements, and rights described in that section, including with respect to the right to file an objection, the right of a person to file for a petition for review under subsection (c) of that section, and the requirement to bring a civil action under subsection (d) of that section.’.CommentsClose CommentsPermalink





(b) Existing Actions- This section shall not affect the application of section 2114(b) of title 46, United States Code, as in effect before the date of enactment of this Act, to an action filed under that section before that date.CommentsClose CommentsPermalink

SEC. 12. OIL FUEL TANK PROTECTION.

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





‘(k)(1) Each vessel of the United States that is constructed under a contract entered into after the date of enactment of the Maritime Safety Act of 2009, or that is delivered after January 1, 2011, 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) The Secretary may prescribe regulations to apply the requirements described in Regulation 12A to vessels described in paragraph (1) that are not otherwise subject to that convention. 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’ 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. 13. OATHS.

Sections 7105 and 7305 of title 46, United States Code, and the items relating to such sections in the analysis for chapters 71 and 73 of such title, are repealed.CommentsClose CommentsPermalink

SEC. 14. DURATION OF CREDENTIALS.

(a) Merchant Mariner’s Documents- Section 7302(f) of title 46, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(f) Periods of Validity and Renewal of Merchant Mariners’ Documents-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as provided in subsection (g), a merchant mariner’s document issued under this chapter is valid for a 5-year period and may be renewed for additional 5-year periods.CommentsClose CommentsPermalink





‘(2) ADVANCE RENEWALS- A renewed merchant mariner’s document may be issued under this chapter up to 8 months in advance but is not effective until the date that the previously issued merchant mariner’s document expires or until the completion of any active suspension or revocation of that previously issued merchant mariner’s document, whichever is later.’.CommentsClose CommentsPermalink





(b) Duration of Licenses- Section 7106 of such title is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 7106. Duration of licenses

‘(a) In General- A license issued under this part is valid for a 5-year period and may be renewed for additional 5-year periods; except that the validity of a license issued to a radio officer is conditioned on the continuous possession by the holder of a first-class or second-class radiotelegraph operator license issued by the Federal Communications Commission.CommentsClose CommentsPermalink





‘(b) Advance Renewals- A renewed license issued under this part may be issued up to 8 months in advance but is not effective until the date that the previously issued license expires or until the completion of any active suspension or revocation of that previously issued merchant mariner’s document, whichever is later.’.CommentsClose CommentsPermalink





(c) Certificates of Registry- Section 7107 of such title is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 7107. Duration of certificates of registry

‘(a) In General- A certificate of registry issued under this part is valid for a 5-year period and may be renewed for additional 5-year periods; except that the validity of a certificate issued to a medical doctor or professional nurse is conditioned on the continuous possession by the holder of a license as a medical doctor or registered nurse, respectively, issued by a State.CommentsClose CommentsPermalink





‘(b) Advance Renewals- A renewed certificate of registry issued under this part may be issued up to 8 months in advance but is not effective until the date that the previously issued certificate of registry expires or until the completion of any active suspension or revocation of that previously issued merchant mariner’s document, whichever is later.’.CommentsClose CommentsPermalink

SEC. 15. FINGERPRINTING.

(a) Merchant Mariner Licenses and Documents- Chapter 75 of title 46, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 7507. Fingerprinting

‘The Secretary of the Department in which the Coast Guard is operating may not require an individual to be fingerprinted for the issuance or renewal of a license, a certificate of registry, or a merchant mariner’s document under chapter 71 or 73 if the individual was fingerprinted when the individual applied for a transportation security card under section 70105.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for such chapter is amended by adding at the end the following:CommentsClose CommentsPermalink





‘7507. Fingerprinting.’.CommentsClose CommentsPermalink

SEC. 16. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS’ DOCUMENTS.

(a) Merchant Mariner Licenses and Documents- Chapter 75 of title 46, United States Code, as amended by section 15(a) of this Act, is further amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 7508. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents

‘(a) Licenses and Certificates of Registry- Notwithstanding sections 7106 and 7107, the Secretary of the department in which the Coast Guard is operating may--CommentsClose CommentsPermalink





‘(1) extend for not more than one year an expiring license or certificate of registry issued for an individual under chapter 71 if the Secretary determines that the extension is required to enable the Coast Guard to eliminate a backlog in processing applications for those licenses or certificates of registry or in response to a national emergency or natural disaster, as deemed necessary by the Secretary; orCommentsClose CommentsPermalink





‘(2) issue for not more than five years an expiring license or certificate of registry issued for an individual under chapter 71 for the exclusive purpose of aligning the expiration date of such license or certificate of registry with the expiration date of a merchant mariner’s document.CommentsClose CommentsPermalink





‘(b) Merchant Mariner Documents- Notwithstanding section 7302(g), the Secretary may--CommentsClose CommentsPermalink





‘(1) extend for not more than one year an expiring merchant mariner’s document issued for an individual under chapter 71 if the Secretary determines that the extension is required to enable the Coast Guard to eliminate a backlog in processing applications for those licenses or certificates of registry or in response to a national emergency or natural disaster, as deemed necessary by the Secretary; orCommentsClose CommentsPermalink





‘(2) issue for not more than five years an expiring merchant mariner’s document issued for an individual under chapter 71 for the exclusive purpose of aligning the expiration date of such merchant mariner’s document with the expiration date of a merchant mariner’s document.CommentsClose CommentsPermalink





‘(c) Manner of Extension- Any extensions granted under this section may be granted to individual seamen or a specifically identified group of seamen.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for such chapter, as amended by section 15(b), is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘7508. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents.’.CommentsClose CommentsPermalink

SEC. 17. MERCHANT MARINER DOCUMENTATION.

(a) Interim Clearance Process- Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall develop an interim clearance process for issuance of a merchant mariner document to enable a newly hired seaman to begin working on an offshore supply vessel or towing vessel if the Secretary makes an initial determination that the seaman does not pose a safety and security risk.CommentsClose CommentsPermalink





(b) Contents of Process- The process under subsection (a) shall include a check against the consolidated and integrated terrorist watch list maintained by the Federal Government, review of the seaman’s criminal record, and review of the results of testing the seaman for use of a dangerous drug (as defined in section 2101 of title 46, United States Code) in violation of law or Federal regulation.CommentsClose CommentsPermalink

SEC. 18. MERCHANT MARINER ASSISTANCE REPORT.

Not later than 180 days after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report regarding the feasibility of--CommentsClose CommentsPermalink





(1) expanding the streamlined evaluation process program that was affiliated with the Houston Regional Examination Center of the Coast Guard to all processing centers of the Coast Guard nationwide;CommentsClose CommentsPermalink





(2) including proposals to simplify the application process for a license as an officer, staff officer, or operator and for a merchant mariner’s document to help eliminate errors by merchant mariners when completing the application form (CG-719B), including instructions attached to the application form and a modified application form for renewals with questions pertaining only to the period of time since the previous application;CommentsClose CommentsPermalink





(3) providing notice to an applicant of the status of the pending application, including a process to allow the applicant to check on the status of the application by electronic means; andCommentsClose CommentsPermalink





(4) ensuring that all information collected with respect to applications for new or renewed licenses, merchant mariner documents, and certificates of registry is retained in a secure electronic format.CommentsClose CommentsPermalink

SEC. 19. PILOT REQUIRED.

Section 8502(g) of title 46, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting ‘and Buzzards Bay, Massachusetts’ before ‘, if any,’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(3) In any area of Buzzards Bay, Massachusetts, where a single-hull tanker or tank vessel carrying 5,000 or more barrels of oil or other hazardous material is required to be under the direction and control of a pilot, the pilot may not be a member of the crew of that vessel, and shall be a pilot licensed--CommentsClose CommentsPermalink





‘(A) by the State of Massachusetts who is operating under a Federal first class pilot’s license; orCommentsClose CommentsPermalink





‘(B) under section 7101 of this title who has made at least 20 round trips on a vessel as a quartermaster, wheelsman, able seaman, or apprentice pilot, or in an equivalent capacity, including--CommentsClose CommentsPermalink





‘(i) at least 1 round trip through Buzzards Bay in the preceding 12-month period; andCommentsClose CommentsPermalink





‘(ii) if the vessel will be navigating in periods of darkness in an area of Buzzards Bay where a vessel is required by regulation to have a pilot, at least 5 round trips through Buzzards Bay during periods of darkness.’.CommentsClose CommentsPermalink

SEC. 20. OFFSHORE SUPPLY VESSELS.

(a) Definition- Section 2101(19) of title 46, United States Code, is amended by striking ‘of more than 15 gross tons but less than 500 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’.CommentsClose CommentsPermalink





(b) Exemption- Section 5209(b)(1) of the Oceans Act of 1992 (Public Law 102-587; 46 U.S.C. 2101 note) is amended by inserting before the period at the end the following: ‘of less than 500 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title.’.CommentsClose CommentsPermalink





(c) Removal of Tonnage Limits-CommentsClose CommentsPermalink





(1) ABLE SEAMEN-OFFSHORE SUPPLY VESSELS- Section 7310 of title 46, United States Code, is amended by striking ‘of less than 500 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’.CommentsClose CommentsPermalink





(2) SCALE OF EMPLOYMENT: ABLE SEAMEN- Section 7312(d) of title 46, United States Code, is amended by striking ‘of less than 500 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’.CommentsClose CommentsPermalink





(d) Watches- Section 8104 of title 46, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (g), by inserting after ‘offshore supply vessel’ the following: ‘of less than 500 gross tons as measured under section 14502 of this title, or less than 6,000 gross tons as measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title,’;CommentsClose CommentsPermalink





(2) in subsection (d), by inserting ‘(1)’ after ‘(d)’, and by adding at the end the following:CommentsClose CommentsPermalink





‘(2) Paragraph (1) does not apply to an offshore supply vessel of at least 6,000 gross tons as measured under section 14302 of this title if the individuals engaged on the vessel are in compliance with hours of service requirements (including recording and record-keeping of that service) prescribed by the Secretary.’; andCommentsClose CommentsPermalink





(3) in subsection (e), by striking ‘subsection (d)’ and inserting ‘subsection (d)(1)’.CommentsClose CommentsPermalink





(e) Minimum Number of Licensed Individuals- Section 8301(b) of title 46, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(b)(1) An offshore supply vessel of less than 6,000 gross tons, as measured under section 14302 of this title, on a voyage of less than 600 miles shall have at least one licensed mate. Such a vessel on a voyage of 600 miles or more shall have two licensed mates.CommentsClose CommentsPermalink





‘(2) An offshore supply vessel of more than 200 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title, may not be operated without a licensed engineer.CommentsClose CommentsPermalink





‘(3) An offshore supply vessel shall have at least one mate. Additional mates on an offshore supply vessel of at least 6,000 gross tons as measured under section 14302 of this title shall be prescribe in accordance with hours of service requirements (including recording and record-keeping of that service) prescribed by the Secretary.’.CommentsClose CommentsPermalink





(f) Regulations-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of the department in which the Coast Guard is operating shall promulgate regulations to implement the amendments enacted by this section and chapter 37 of title 46, United States Code, for offshore supply vessels of at least 6,000 gross tons, before January 1, 2010.CommentsClose CommentsPermalink





(2) INTERIM FINAL RULE AUTHORITY- The Secretary shall issue an interim final rule as a temporary regulation implementing this section (including the amendments made by this section), and chapter 37 of title 46, United States Code, for offshore supply vessels of at least 6,000 gross tons, as soon as practicable after the date of enactment of this section, without regard to the provisions of chapter 5 of title 5, United States Code. All regulations prescribed under the authority of this paragraph that are not earlier superseded by final regulations shall expire not later than 1 year after the date of enactment of this Act.CommentsClose CommentsPermalink





(3) INITIATION OF RULEMAKING- The Secretary may initiate a rulemaking to implement this section (including the amendments made by this section), and chapter 37 of title 46, United States Code, for offshore supply vessels of at least 6,000 gross tons, as soon as practicable after the date of enactment of this section. The final rule issued pursuant to that rulemaking may supersede the interim final rule promulgated under this subsection.CommentsClose CommentsPermalink





(4) INTERIM PERIOD- After the date of enactment of this Act and prior to the effective date of the regulations promulgated to implement the amendments enacted by this section under paragraph (2), and notwithstanding the tonnage limits of applicable regulations promulgated prior to the date of enactment of this Act, the Secretary may--CommentsClose CommentsPermalink





(A) issue a certificate of inspection under section 3309 of title 46, United States Code, to an offshore supply vessel of at least 500 gross tons as measured under section 14502 of title 46, United States Code, or of at least 6,000 gross tons as measured under section 14302 of title 46, United States Code, if the Secretary determines that such vessel’s arrangements, equipment, classification, and certifications provide for the safe carriage of individuals in addition to the crew and oil and hazardous substances, taking into consideration the characteristics of offshore supply vessels, their methods of operation, and their service in support of exploration, exploitation, or production of offshore mineral or energy resources;CommentsClose CommentsPermalink





(B) for the purpose of enforcing chapter 37 of title 46, United States Code, use tank vessel standards for offshore supply vessels of at least 6,000 gross tons after considering the characteristics, methods of operation, and nature of the service of the vessel; andCommentsClose CommentsPermalink





(C) authorize a master, mate, or engineer whom the Secretary decides possesses the experience on an offshore supply vessel under 6,000 gross tons to serve on an offshore supply vessel over at least 6,000 gross tons.CommentsClose CommentsPermalink

SEC. 21. ASSOCIATED EQUIPMENT.

Section 2101(1)(B) of title 46, United States Coded, is amended by inserting ‘with the exception of emergency locator beacons,’ before ‘does’.CommentsClose CommentsPermalink

SEC. 22. LIFESAVING DEVICES ON UNINSPECTED VESSELS.

Section 4102(b) of 46, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(b) The Secretary shall prescribe regulations requiring the installation, maintenance, and use of life preservers and other lifesaving devices for individuals on board uninspected vessels.’.CommentsClose CommentsPermalink

SEC. 23. STUDY OF BLENDED FUELS IN MARINE APPLICATION.

(a) Survey-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security, acting through the Commandant of the Coast Guard, shall submit a survey of published data and reports, pertaining to the use, safety, and performance of blended fuels in marine applications, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committees on Commerce, Science, and Transportation of the Senate.CommentsClose CommentsPermalink





(2) INCLUDED INFORMATION- To the extent possible, the survey required in subsection (a), shall include data and reports on--CommentsClose CommentsPermalink





(A) the impact of blended fuel on the operation, durability, and performance of recreational and commercial marine engines, vessels, and marine engine and vessel components and associated equipment;CommentsClose CommentsPermalink





(B) the safety impacts of blended fuels on consumers that own and operate recreational and commercial marine engines and marine engine components and associated equipment; andCommentsClose CommentsPermalink





(C) to the extent available, fires and explosions on board vessels propelled by engines using blended fuels.CommentsClose CommentsPermalink





(b) Study-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 36 months after the date of enactment of this Act, the Secretary, acting through the Commandant, shall conduct a comprehensive study on the use, safety, and performance of blended fuels in marine applications. The Secretary is authorized to conduct such study in conjunction with--CommentsClose CommentsPermalink





(A) any other Federal agency;CommentsClose CommentsPermalink





(B) any State government or agency;CommentsClose CommentsPermalink





(C) any local government or agency, including local police and fire departments; andCommentsClose CommentsPermalink





(D) any private entity, including engine and vessel manufacturers.CommentsClose CommentsPermalink





(2) EVALUATION- The study shall include an evaluation of--CommentsClose CommentsPermalink





(A) the impact of blended fuel on the operation, durability and performance of recreational and commercial marine engines, vessels, and marine engine and vessel components and associated equipment;CommentsClose CommentsPermalink





(B) the safety impacts of blended fuels on consumers that own and operate recreational and commercial marine engines and marine engine components and associated equipment; andCommentsClose CommentsPermalink





(C) fires and explosions on board vessels propelled by engines using blended fuels.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- There is authorized to be appropriated to the Secretary of Homeland Security to carry out the survey and study under this section $1,000,000.CommentsClose CommentsPermalink

SEC. 24. RENEWAL OF ADVISORY COMMITTEES.

(a) Great Lakes Pilotage Advisory Committee- Section 9307(f)(1) of title 46, United States Code, is amended by striking ‘September 30, 2010.’ and inserting ‘September 30, 2020.’.CommentsClose CommentsPermalink





(b) National Boating Safety Advisory Council- Section 13110 of title 46, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (d), by deleting the first sentence; andCommentsClose CommentsPermalink





(2) in subsection (e), by striking ‘September 30, 2010.’ and inserting ‘September 30, 2020.’.CommentsClose CommentsPermalink





(c) Houston-Galveston Navigation Safety Advisory Committee- Section 18(h) of the Coast Guard Authorization Act of 1991 (Public Law 102-241 as amended by Public Law 104-324) is amended by striking ‘September 30, 2010.’ and inserting ‘September 30, 2020.’.CommentsClose CommentsPermalink





(d) Lower Mississippi River Waterway Safety Advisory Committee- Section 19 of the Coast Guard Authorization Act of 1991 (Public Law 102-241) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1), by striking ‘twenty-four’ and inserting ‘twenty-five’; andCommentsClose CommentsPermalink





(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(12) One member representing the Associated Federal Pilots and Docking Masters of Louisiana.’; andCommentsClose CommentsPermalink





(2) in subsection (g), by striking ‘September 30, 2010.’ and inserting ‘September 30, 2020.’.CommentsClose CommentsPermalink





(e) Towing Safety Advisory Committee- The Act to Establish a Towing Safety Advisory Committee in the Department of Transportation (33 U.S.C. 1231a) is amended--CommentsClose CommentsPermalink





(1) by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink





‘(a) There is established a Towing Safety Advisory Committee (hereinafter referred to as the ‘Committee’). The Committee shall consist of eighteen members with particular expertise, knowledge, and experience regarding shallow-draft inland and coastal waterway navigation and towing safety as follows:CommentsClose CommentsPermalink





‘(1) Seven members representing the barge and towing industry, reflecting a regional geographic balance.CommentsClose CommentsPermalink





‘(2) One member representing the offshore mineral and oil supply vessel industry.CommentsClose CommentsPermalink





‘(3) One member representing holders of active licensed Masters or Pilots of towing vessels with experience on the Western Rivers and the Gulf Intracoastal Waterway.CommentsClose CommentsPermalink





‘(4) One member representing the holders of active licensed Masters of towing vessels in offshore service.CommentsClose CommentsPermalink





‘(5) One member representing Masters who are active ship-docking or harbor towing vessel.CommentsClose CommentsPermalink





‘(6) One member representing licensed or unlicensed towing vessel engineers with formal training and experience.CommentsClose CommentsPermalink





‘(7) Two members representing each of the following groups:CommentsClose CommentsPermalink





‘(A) Port districts, authorities, or terminal operators.CommentsClose CommentsPermalink





‘(B) Shippers (of whom at least one shall be engaged in the shipment of oil or hazardous materials by barge).CommentsClose CommentsPermalink





‘(8) Two members representing the general public.’; andCommentsClose CommentsPermalink





(2) in subsection (e), by striking ‘September 30, 2010.’ and inserting ‘September 30, 2020.’.CommentsClose CommentsPermalink





(f) Navigation Safety Advisory Council- Section 5 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended--CommentsClose CommentsPermalink





(1) by striking subsections (a) and (b) and inserting the following:CommentsClose CommentsPermalink





‘(a) Establishment of Council-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary of the department in which the Coast Guard is operating shall establish a Navigation Safety Advisory Council (hereinafter referred to as the ‘Council’), consisting of not more than 21 members. All members shall have expertise in Inland and International vessel navigation Rules of the Road, aids to maritime navigation, maritime law, vessel safety, port safety, or commercial diving safety. Upon appointment, all non-Federal members shall be designated as representative members to represent the viewpoints and interests of one of the following groups or organizations:CommentsClose CommentsPermalink





‘(A) Commercial vessel owners or operators.CommentsClose CommentsPermalink





‘(B) Professional mariners.CommentsClose CommentsPermalink





‘(C) Recreational boaters.CommentsClose CommentsPermalink





‘(D) The recreational boating industry.CommentsClose CommentsPermalink





‘(E) State agencies responsible for vessel or port safety.CommentsClose CommentsPermalink





‘(F) The Maritime Law Association.CommentsClose CommentsPermalink





‘(2) PANELS- Additional persons may be appointed to panels of the Council to assist the Council in performance of its functions.CommentsClose CommentsPermalink





‘(3) NOMINATIONS- The Secretary, through the Coast Guard Commandant, shall not less often than once a year publish a notice in the Federal Register soliciting nominations for membership on the Council.CommentsClose CommentsPermalink





‘(b) Functions- The Council shall advise, consult with, and make recommendations to the Secretary, through the Coast Guard Commandant, on matters relating to maritime collisions, rammings, groundings, Inland Rules of the Road, International Rules of the Road, navigation regulations and equipment, routing measures, marine information, diving safety, and aids to navigation systems. Any advice and recommendations made by the Council to the Secretary shall reflect the independent judgment of the Council on the matter concerned. The Council shall meet at the call of the Coast Guard Commandant, but in any event not less than twice during each calendar year. All proceedings of the Council shall be public, and a record of the proceedings shall be made available for public inspection.’; andCommentsClose CommentsPermalink





(2) in subsection (d), by striking ‘September 30, 2010.’ and inserting ‘September 30, 2020.’.CommentsClose CommentsPermalink