U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 

114TH CONGRESS

2d Session 

REPORT

2016

114–367 

Calendar No. 658 

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 


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(II) 

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 


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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 fireretardant materials. 


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1Letter 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. 3Letter 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. 6Letter 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. 

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

In 2008, a traveling inspector from the Coast Guard inspected 

the DELTA QUEEN and noted ‘‘evidence of a lack of both shortand 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 


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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-queensteamboat-passes-senate-commerce-committee. 

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

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 fireretardant 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. 


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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. 


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• 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

§ 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 fireretardant materials. Before November 1, ø2008, 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 øthis 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; øand¿ 

ø(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 


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(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. 

Æ 


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