U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 115TH CONGRESS

1st Session 

REPORT 

2017

115–5 

Calendar No. 18 

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 AND FOR 

OTHER PURPOSES 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 89 

MARCH 21, 2017.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FIFTEENTH CONGRESS

FIRST SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

TED CRUZ, Texas AMY KLOBUCHAR, Minnesota 

DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut 

JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii 

DAN SULLIVAN, Alaska ED MARKEY, Massachusetts 

DEAN HELLER, Nevada CORY BOOKER, New Jersey 

JIM INHOFE, Oklahoma TOM UDALL, New Mexico 

MIKE LEE, Utah GARY PETERS, Michigan 

RON JOHNSON, Wisconsin TAMMY BALDWIN, Wisconsin 

SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois 

CORY GARDNER, Colorado MAGGIE HASSAN, New Hampshire 

TODD YOUNG, Indiana CATHERINE CORTEZ MASTO, Nevada 

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 


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Calendar No. 18 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–5 

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 AND FOR OTHER PURPOSES 

MARCH 21, 2017.—Ordered to be printed 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 89] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 89) 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 fireretardant materials and for other purposes, having considered the 

same, reports favorably thereon without amendment and recommends that the bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 89 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 passenger 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 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 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 vessel 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 superstructure of the vessel.7

Given that the vessel currently lacks thermal and structural 

boundaries, a fire within any part of the vessel 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 deck. 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 


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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. 

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. 89 was introduced by Senators McCaskill, Blunt, Brown, 

Portman, Cassidy, Cotton, and Boozman. On January 24, 2017, the 

Committee met in open Executive Session and, by voice vote, ordered S. 89 to be reported favorably without amendment. 

A similar bill, S. 1717, was introduced last Congress by Senators 

Brown and Portman on July 8, 2015. It was cosponsored by Senators Blunt, Boozman, Cassidy, Cochran, Cotton, McCaskill, and 

Vitter. 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 without amendment. 

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. 89—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 and for other purposes 

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. 89 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. 89 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. 89 would not increase net direct spending or onbudget deficits in any of the four consecutive 10-year periods beginning in 2028. 


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S. 89 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

There is a single vessel that would be affected by this bill, the 

Delta Queen. 

ECONOMIC IMPACT

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

PRIVACY

This bill would 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. The owner or operator of the 

vessel also would be required to notify, in writing, prospective passengers, prior to the sale of any ticket for boarding, that the vessel 

does not meet fire safety standards. 

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 title 46, United States Code, to exempt 

old vessels that only operate within inland waterways from the 

fire-retardant materials requirement if the following conditions are 

met: 

• The owner or operator would be required to make annual 

structural alterations to at least 10 percent of the areas of the 

vessels that are not constructed of fire-retardant materials. 

• The owner or operator would be required to prioritize fire 

proofing alterations in the galleys, engineering areas of the 

vessel, including all spaces and compartments containing, or 

adjacent to spaces and compartments containing, engines, boilVerDate Sep 11 2014 03:58 Mar 22, 2017 Jkt 069010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR005.XXX SR005

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ers, main electrical distribution panels, fuel tanks, oil tanks, 

and generators. • The owner or operator would be required to notify the 

Coast Guard in advance of the annual structural alterations 

and receive Coast Guard approval that there was a sufficient 

reduction in the combustible fire load after each annual inspection. • The owner or operator of the vessel would be required to 

notify in writing prospective passengers, prior to the sale of 

any ticket for boarding, that the vessel does not comply with 

applicable fire safety standards. It also would require the 

owner of the vessel to display in clearly legible font prominently throughout the vessel, including in each state room, the 

following: ‘‘THIS VESSEL FAILS TO COMPLY WITH SAFETY RULES AND REGULATIONS OF THE U.S. COAST 

GUARD.’’ • The owner or operator of the vessel would be prohibited 

from disclaiming 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. • The owner or operator also would be required to acquire 

and maintain liability insurance in an amount to be prescribed 

by the Federal Maritime Commission prior to the vessel entering service. • The owner or operator would be required to notify all ports 

of call and State emergency management offices of jurisdiction 

that the vessel does not comply with fire safety standards. • The crew of an exempt vessel would be required to receive 

specialized training in shipboard firefighting. 

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

ø§ 3503. Fire-retardant materials 

ø(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 

does not apply to any vessel in operation before January 1, 1968, 

and operating only within the Boundary Line. 

ø(b)(1) When a vessel is exempted from the fire-retardant standards of this section— 

ø(A) the owner or managing operator of the vessel shall 

notify prospective passengers that the vessel does not comVerDate Sep 11 2014 03:58 Mar 22, 2017 Jkt 069010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\SR005.XXX SR005

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ply with applicable fire safety standards due primarily to 

the wooden construction of passenger berthing areas; 

ø(B) the owner or managing operator of the vessel may 

not disclaim liability to a passenger for death, injury, or 

any other loss caused by fire due to the negligence of the 

owner or managing operator; 

ø(C) the penalties provided in section 3504(c) of this title 

apply to a violation of this subsection; and 

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. 

ø(2) The Secretary shall prescribe regulations under this 

subsection on the manner in which prospective passengers are 

to be notified.¿ 

§ 3503. Fire-retardant materials 

(a)(1) 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— 

(A) the vessel is constructed of fire-retardant materials; and 

(B) the vessel— 

(i) is operating engines, boilers, main electrical distribution panels, fuel tanks, oil tanks, and generators that meet 

current Coast Guard regulations; 

(ii) is operating boilers and main electrical generators 

that are contained within noncombustible enclosures 

equipped with fire suppression systems; and 

(iii) has multiple forms of egress off the vessel’s bow and 

stern. 

(2) Before December 1, 2028, this section 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 subsection (a)— 

(A) the owner or managing operator of the vessel shall— 

(i) notify in writing prospective passengers, prior to the 

sale of any ticket for boarding and to be affirmatively recognized by such passenger prior to purchase, and any crew 

member that the vessel does not comply with applicable fire 

safety standards due primarily to the wooden construction 

of passenger berthing areas; and 

(ii) display in clearly legible font prominently throughout 

the vessel, including in each state room the following: 

‘THIS VESSEL FAILS TO COMPLY WITH SAFETY 

RULES AND REGULATIONS OF THE U.S. COAST 

GUARD.’; 

(B) the owner or managing operator of the vessel— 

(i) may not disclaim liability to a passenger or crew 

member for death, injury, or any other loss caused by fire 


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due to the negligence of the owner or managing operator; 

and 

(ii) shall acquire prior to entering service, and maintain, 

liability insurance in an amount to be prescribed by the 

Federal Maritime Commission; 

(C) the penalties provided in section 3504(c) of this title apply 

to a violation of this subsection; 

(D) the owner or managing operator of the vessel shall— 

(i) make annual structural alteration to not less than 10 

percent of the areas of the vessel that are not constructed 

of fire retardant materials; 

(ii) prioritize alterations in galleys, engineering areas of 

the vessel, including all spaces and compartments containing, or adjacent to spaces and compartments containing, engines, boilers, main electrical distribution panels, fuel tanks, oil tanks, and generators; 

(iii) ensure, to the satisfaction of the Coast Guard, that 

the combustible fire-load has been reduced pursuant to 

clause (i) during each annual inspection for certification; 

and 

(iv) provide advance notice to the Coast Guard regarding 

the structural alterations made pursuant to clause (i) and 

comply with any noncombustible material requirements 

prescribed by the Coast Guard; 

(E) the Coast Guard, in making the determination required 

in subparagraph (D)(iii), shall consider, to the extent practicable, the goal of preservation of the historic integrity of the 

vessel in areas carrying or accessible to passengers or generally 

visible to the public; 

(F) the owner or managing operator of the vessel shall annually notify all ports of call and State emergency management offices of jurisdiction that the vessel does not comply with applicable fire safety standards due primarily to the wooden construction of passenger berthing areas; 

(G) the crews manning such vessel shall receive specialized 

training, above minimum standards, in regards to shipboard 

firefighting that is specialized for exempted vessels and approved by the Coast Guard; and 

(H) the owner or managing operator of the vessel shall, to the 

extent practicable, take all steps to retain previously trained 

crew knowledgeable of such vessel or to hire crew trained in operations aboard exempted vessels. 

(2) The Secretary shall conduct an annual audit and inspection 

of any vessel exempted from the fire-retardant standards of subsection (a). 

(c) The Secretary shall prescribe regulations to carry out this section. Such regulations shall include the manner in which prospective passengers are to be notified. 

(d) In addition to other penalties permitted by law, the Secretary 

is authorized to immediately withdraw a certificate of inspection for 

a passenger vessel that does not comply with any requirement under 

this section. 

Æ 


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