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[Senate Report 114-367]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 658
                                                       
114th Congress     }                                      {    Report
                               SENATE                          
2d Session         }                                      {    114-367
_______________________________________________________________________

                                     

                                                       

  A BILL TO AMEND TITLE 46, UNITED STATES CODE, TO EXEMPT OLD VESSELS 
   THAT ONLY OPERATE WITHIN INLAND WATERWAYS FROM THE FIRE-RETARDANT 
    MATERIALS REQUIREMENT IF THE OWNERS OF SUCH VESSELS MAKE ANNUAL 
   STRUCTURAL ALTERATIONS TO AT LEAST 10 PERCENT OF THE AREAS OF THE 
      VESSELS THAT ARE NOT CONSTRUCTED OF FIRE-RETARDANT MATERIALS

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1717
                                
                                

                October 27, 2016.--Ordered to be printed
Filed, under authority of the order of the Senate of September 29, 2016

                              _________ 
                                  
                 U.S. GOVERNMENT PUBLISHING OFFICE
 69-010                   WASHINGTON : 2016       
 
 

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred fourteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 MARCO RUBIO, Florida                 CLAIRE McCASKILL, Missouri
 KELLY AYOTTE, New Hampshire          AMY KLOBUCHAR, Minnesota
 TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
 DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
 JERRY MORAN, Kansas                  ED MARKEY, Massachusetts
 DAN SULLIVAN, Alaska                 CORY BOOKER, New Jersey
 RON JOHNSON, Wisconsin               TOM UDALL, New Mexico
 DEAN HELLER, Nevada                  JOE MANCHIN, West Virginia
 CORY GARDNER, Colorado               GARY PETERS, Michigan
 STEVE DAINES, Montana
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director
                 Clint Odom, Democratic General Counsel
                 
                 
                 
                 

                                                       Calender No. 658
                                                       
                                                       
114th Congress    }                                           {   Report
                                 SENATE
 2d Session       }                                           {  114-367

======================================================================

 
  A BILL TO AMEND TITLE 46, UNITED STATES CODE, TO EXEMPT OLD VESSELS 
   THAT ONLY OPERATE WITHIN INLAND WATERWAYS FROM THE FIRE-RETARDANT 
    MATERIALS REQUIREMENT IF THE OWNERS OF SUCH VESSELS MAKE ANNUAL 
   STRUCTURAL ALTERATIONS TO AT LEAST 10 PERCENT OF THE AREAS OF THE 
      VESSELS THAT ARE NOT CONSTRUCTED OF FIRE-RETARDANT MATERIALS

                                _______
                                

                October 27, 2016.--Ordered to be printed

Filed, under authority of the order of the Senate of September 29, 2016

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1717]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1717), to amend title 46, 
United States Code, to exempt old vessels that only operate 
within inland waterways from the fire-retardant materials 
requirement if the owners of such vessels make annual 
structural alterations to at least 10 percent of the areas of 
the vessels that are not constructed of fire-retardant 
materials, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                          Purpose of the Bill

    The purpose of S. 1717 is to amend title 46 of the United 
States Code to exempt old vessels that only operate within 
inland waterways from the fire-retardant materials requirement 
if the owners of such vessels make annual structural 
alterations to at least 10 percent of the areas of the vessels 
that are not constructed of fire-retardant materials.

                          Background and Needs

    The Steamer DELTA QUEEN is a 20th century vessel, with an 
entirely wooden superstructure.\1\ This superstructure was 
deemed unsafe in 1966, when Congress declared that, ``no 
passenger vessel of the United States . . . shall be granted a 
certificate of inspection . . . unless the vessel is 
constructed of fire-retardant materials.''\2\ Congress 
temporarily delayed the effect of this mandate twice. It was 
initially delayed until 1968. Then, in 1970, Congress again 
temporarily delayed the effect of the mandate but only for 
those U.S. passenger vessels then operating on the inland 
rivers, and only until 1973. In 1973, Congress again 
temporarily delayed the effect of the mandate for the sole 
benefit of the steamer DELTA QUEEN until 1978. Congress 
continued to delay the effect of the mandate for the next three 
decades.\3\ Then, in 2008, the mandate was finally made 
applicable to the DELTA QUEEN, which caused the vessel to cease 
all operation.\4\ On February 11, 2009, the DELTA QUEEN was 
docked at Coolidge Park Landing in Chattanooga, Tennessee, 
where the vessel operated as a floating boutique hotel until 
2014.\5\
---------------------------------------------------------------------------
    \1\Letter from M. Tia Johnson, Assistant Secretary for Legislative 
Affairs for the Department of Homeland Security, to Senator Nelson, 
January 8, 2016.
    \2\46 U.S.C. 3503.
    \3\Letter from M. Tia Johnson, Assistant Secretary for Legislative 
Affairs for the Department of Homeland Security, to Senator Nelson, 
January 8, 2016.
    \4\``Majestic America Line,'' February 2, 2007, at http://
web.archive.org/web/20070202204238/http://
www.majesticamericaline.com:80.
    \5\``Delta Queen departs Chattanooga North Shore'' WRCBtv, March 
22, 2015, at http://www.wrcbtv.com/story/28583164/delta-queen-departs-
chattanooga-north-shore.
---------------------------------------------------------------------------
    In 2008, a traveling inspector from the Coast Guard 
inspected the DELTA QUEEN and noted ``evidence of a lack of 
both short- and long-term maintenance that adversely impacts 
the safety of the vessel . . . all of which has to do with 
unintended or excess but unnecessary fire load.''\6\ The fire 
load of the ship is concentrated in the lower decks. The most 
likely place for a fire to start would be the almost 100 year 
old boilers. The boilers are not entirely contained within the 
steel hull and the tops of the boilers are open directly to the 
aged and dry wood super structure of the ship.\7\ Given that 
the vessel currently lacks thermal and structural boundaries, a 
fire within any part of the ship could quickly spread 
horizontally and vertically. In a worst-case scenario, a fire 
would begin in the boilers, overwhelm the vessel's fire 
suppression system, and spread throughout the whole of the 
lower deck and into the sleeping quarters directly above the 
lower decks. If such a fire were to happen, the planned 
evacuation route would be made irrelevant because the only exit 
in the present configuration of the vessel is via the stage 
(gangway) on the bow, directly through the likely location of 
the fire.\8\ The Coast Guard has repeatedly advised and 
requested that the operators of the vessel add a second exit to 
the vessel's current configuration, but the operators have not 
acted.\9\ Accordingly, this bill would incentivize structural 
improvements to the DELTA QUEEN while also recognizing the 
historical importance of the vessel. As Senator Portman noted, 
``The Delta Queen is a true Ohio treasure and an important part 
of the Queen City's history . . . We are working to make sure 
the vessel can get back in business. It represents a big part 
of our history, and will help promote recreational activities 
and economic opportunity along the Ohio River.''\10\
---------------------------------------------------------------------------
    \6\Letter from M. Tia Johnson Assistant Secretary for Legislative 
Affairs for the Department of Homeland Security, to Senator Nelson, 
January 8, 2016.
    \7\Ibid.
    \8\Ibid.
    \9\Ibid.
    \10\Rob Portman, U.S. Senator of Ohio, ``Portman and Brown's Bill 
to Restore Delta Queen Steamboat Passes Senate Commerce Committee,'' 
Accessed June 29, 2016, at http://www.portman.senate.gov/public/
index.cfm/2016/6/portman-brown-s-bill-to-restore-delta-queen-steamboat-
passes-senate-commerce-committee.
---------------------------------------------------------------------------

                          Legislative History

    S. 1717 was introduced in the Senate on July 8, 2015, by 
Senator Brown and cosponsored by Senators Portman, McCaskill, 
Boozman, Vitter, Cotton, Cochran, Cassidy, and Blunt. On March 
4, 2015, Representative Chabot introduced companion bill H.R. 
1248 in the House of Representatives. On June 29, 2016, the 
Committee met in open Executive Session and, by voice vote, 
ordered S. 1717 to be reported favorably.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 1717--A bill to amend title 46, United States Code, to exempt old 
        vessels that only operate within inland waterways from the 
        fire-retardant materials requirement if the owners of such 
        vessels make annual structural alterations to at least 10 
        percent of the areas of the vessels that are not constructed of 
        fire-retardant materials

    The U.S. Coast Guard administers a wide range of maritime 
safety laws and is responsible for inspecting vessels to ensure 
compliance with safety standards. Under current law, passenger 
vessels with overnight accommodations for more than 50 
passengers must be constructed of fire-retardant materials. S. 
1717 would amend current law to exempt from that requirement 
(through 2028) vessels that operated before 1968, provided that 
owners operate them only within inland waterways and make 
certain structural alterations to them each year. CBO estimates 
that the proposed exemption would affect one vessel, a historic 
steamboat currently located in Louisiana.
    CBO estimates that enacting S. 1717 would have no effect on 
the federal budget because the proposed exemption would not 
affect the U.S. Coast Guard's costs to meet its underlying 
responsibility to inspect vessels; spending for such 
inspections is provided in annual appropriation acts. Enacting 
the bill would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply. CBO estimates 
that enacting S. 1717 would not increase net direct spending or 
on-budget deficits in any of the four consecutive 10-year 
periods beginning in 2027.
    S. 1717 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                           Regulatory Impact

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    The bill would affect the owners and managing operators of 
certain passenger vessels of the United States that are exempt 
from the fire-retardant standards of section 3503 of title 46, 
United States Code.

                            economic impact

    Enactment of this legislation is not expected to have any 
significant adverse impacts on the Nation's economy.

                                privacy

    This bill will not have any adverse impact on the privacy 
of individuals.

                               paperwork

    This bill would not increase paperwork requirements for 
private individuals or the Government. It would require the 
owner of the DELTA QUEEN to notify the Coast Guard before 
making the alterations required by this legislation.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Fire-retardant materials exemption.

    Section 1 would amend section 3503 of title 46, United 
States Code, to extend until 2028, from 2008, the waiver that 
exempts old vessels that only operate within inland waterways 
from the fire-retardant materials requirement if the owners do 
the following:

     Notify prospective passengers and crew that the 
vessel does not comply with applicable fire safety standards.
     Make annual structural alterations to not less 
than 10 percent of the areas of the vessel that are not 
constructed of fire-retardant materials.
     Provide advance notice to the Coast Guard 
regarding the alterations made.
     Comply with any noncombustible material 
requirements prescribed by the Coast Guard.
     Preserve, to the extent practicable, the historic 
integrity of the vessel in areas carrying or accessible to 
passengers or generally visible to the public when making 
alterations.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                           TITLE 46. SHIPPING

                     SUBTITLE II. VESSELS AND SEAMEN

              PART B. INSPECTION AND REGULATION OF VESSELS

                   CHAPTER 35. CARRIAGE OF PASSENGERS

Sec. 3503. Fire-retardant materials

  (a) A passenger vessel of the United States having berth or 
stateroom accommodations for at least 50 passengers shall be 
granted a certificate of inspection only if the vessel is 
constructed of fire-retardant materials. Before November 1, 
[2008, this section] 2028, this subsection does not apply to 
any vessel in operation before January 1, 1968, and operating 
only within the Boundary Line.
  (b)(1) When a vessel is exempted from the fire-retardant 
standards of [this section] subsection (a)--
                  (A) the owner or managing operator of the 
                vessel shall notify prospective passengers and 
                crew that the vessel does not comply with 
                applicable fire safety standards due primarily 
                to the wooden construction of passenger 
                berthing areas;
                  (B) the owner or managing operator of the 
                vessel may not disclaim liability to a 
                passenger or crew member for death, injury, or 
                any other loss caused by fire due to the 
                negligence of the owner or managing operator;
                  (C) the penalties provided in section 3504(c) 
                of this title apply to a violation of this 
                subsection; [and]
                  [(D) the owner or managing operator of the 
                vessel shall notify the Coast Guard of 
                structural alterations to the vessel, and with 
                regard to those alterations comply with any 
                noncombustible material requirements that the 
                Coast Guard prescribes for nonpublic spaces. 
                Coast Guard requirements shall be consistent 
                with preservation of the historic integrity of 
                the vessel in areas carrying or accessible to 
                passengers or generally visible to the public.]
                  (D) the owner or managing operator of the 
                vessel shall--
                          (i) make annual structural 
                        alterations to not less than 10 percent 
                        of the areas of the vessel that are not 
                        constructed of fire-retardant 
                        materials;
                          (ii) provide advance notice to the 
                        Coast Guard regarding the alterations 
                        made pursuant to clause (i); and
                          (iii) comply with any noncombustible 
                        material requirements prescribed by the 
                        Coast Guard; and
                  (E) the requirements referred to in 
                subparagraph (D)(iii) shall, to the extent 
                practicable, be consistent with the 
                preservation of the historic integrity of the 
                vessel in areas carrying or accessible to 
                passengers or generally visible to the public.
          (2) The Secretary shall prescribe regulations under 
        this subsection on the manner in which prospective 
        passengers are to be notified.
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