II 

Calendar No. 18 

115TH CONGRESS 

1ST SESSION S. 89 

[Report No. 115–5] 

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. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 10, 2017 

Mrs. MCCASKILL (for herself, Mr. BLUNT, Mr. BROWN, Mr. PORTMAN, Mr. 

CASSIDY, Mr. COTTON, and Mr. BOOZMAN) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

MARCH 21, 2017 

Reported by Mr. THUNE, without amendment 

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. 


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•S 89 RS

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FIRE-RETARDANT MATERIALS EXEMPTION. 

4 Section 3503 of title 46, United States Code, is 

5 amended to read as follows: 

6 ‘‘§ 3503. Fire-retardant materials 

7 ‘‘(a)(1) A passenger vessel of the United States hav8 ing berth or stateroom accommodations for at least 50 

9 passengers shall be granted a certificate of inspection only 

10 if— 

11 ‘‘(A) the vessel is constructed of fire-retardant 

12 materials; and 

13 ‘‘(B) the vessel— 

14 ‘‘(i) is operating engines, boilers, main 

15 electrical distribution panels, fuel tanks, oil 

16 tanks, and generators that meet current Coast 

17 Guard regulations; 

18 ‘‘(ii) is operating boilers and main elec19 trical generators that are contained within non20 combustible enclosures equipped with fire sup21 pression systems; and 

22 ‘‘(iii) has multiple forms of egress off the 

23 vessel’s bow and stern. 


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1 ‘‘(2) Before December 1, 2028, this section does not 

2 apply to any vessel in operation before January 1, 1968, 

3 and operating only within the Boundary Line. 

4 ‘‘(b)(1) When a vessel is exempted from the fire-re5 tardant standards of subsection (a)— 

6 ‘‘(A) the owner or managing operator of the 

7 vessel shall— 

8 ‘‘(i) notify in writing prospective pas9 sengers, prior to the sale of any ticket for 

10 boarding and to be affirmatively recognized by 

11 such passenger prior to purchase, and any crew 

12 member that the vessel does not comply with 

13 applicable fire safety standards due primarily to 

14 the wooden construction of passenger berthing 

15 areas; and 

16 ‘‘(ii) display in clearly legible font promi17 nently throughout the vessel, including in each 

18 state room the following: ‘THIS VESSEL 

19 FAILS TO COMPLY WITH SAFETY 

20 RULES AND REGULATIONS OF THE U.S. 

21 COAST GUARD.’; 

22 ‘‘(B) the owner or managing operator of the 

23 vessel— 

24 ‘‘(i) may not disclaim liability to a pas25 senger or crew member for death, injury, or any 


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1 other loss caused by fire due to the negligence 

2 of the owner or managing operator; and 

3 ‘‘(ii) shall acquire prior to entering service, 

4 and maintain, liability insurance in an amount 

5 to be prescribed by the Federal Maritime Com6 mission; 

7 ‘‘(C) the penalties provided in section 3504(c) 

8 of this title apply to a violation of this subsection; 

9 ‘‘(D) the owner or managing operator of the 

10 vessel shall— 

11 ‘‘(i) make annual structural alteration to 

12 not less than 10 percent of the areas of the ves13 sel that are not constructed of fire retardant 

14 materials; 

15 ‘‘(ii) prioritize alterations in galleys, engi16 neering areas of the vessel, including all spaces 

17 and compartments containing, or adjacent to 

18 spaces and compartments containing, engines, 

19 boilers, main electrical distribution panels, fuel 

20 tanks, oil tanks, and generators; 

21 ‘‘(iii) ensure, to the satisfaction of the 

22 Coast Guard, that the combustible fire-load has 

23 been reduced pursuant to clause (i) during each 

24 annual inspection for certification; and 


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1 ‘‘(iv) provide advance notice to the Coast 

2 Guard regarding the structural alterations 

3 made pursuant to clause (i) and comply with 

4 any noncombustible material requirements pre5 scribed by the Coast Guard; 

6 ‘‘(E) the Coast Guard, in making the deter7 mination required in subparagraph (D)(iii), shall 

8 consider, to the extent practicable, the goal of pres9 ervation of the historic integrity of the vessel in 

10 areas carrying or accessible to passengers or gen11 erally visible to the public; 

12 ‘‘(F) the owner or managing operator of the 

13 vessel shall annually notify all ports of call and State 

14 emergency management offices of jurisdiction that 

15 the vessel does not comply with applicable fire safety 

16 standards due primarily to the wooden construction 

17 of passenger berthing areas; 

18 ‘‘(G) the crews manning such vessel shall re19 ceive specialized training, above minimum standards, 

20 in regards to shipboard firefighting that is special21 ized for exempted vessels and approved by the Coast 

22 Guard; and 

23 ‘‘(H) the owner or managing operator of the 

24 vessel shall, to the extent practicable, take all steps 

25 to retain previously trained crew knowledgeable of 


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1 such vessel or to hire crew trained in operations 

2 aboard exempted vessels. 

3 ‘‘(2) The Secretary shall conduct an annual audit and 

4 inspection of any vessel exempted from the fire-retardant 

5 standards of subsection (a). 

6 ‘‘(c) The Secretary shall prescribe regulations to 

7 carry out this section. Such regulations shall include the 

8 manner in which prospective passengers are to be notified. 

9 ‘‘(d) In addition to other penalties permitted by law, 

10 the Secretary is authorized to immediately withdraw a cer11 tificate of inspection for a passenger vessel that does not 

12 comply with any requirement under this section.’’. 


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Calendar No. 18 

115TH CONGRESS 

1ST SESSION S. 89 

[Report No. 115–5] 

A BILL 

To amend title 46, United States Code, to exempt 

poses. of fire-retardant materials and for other purthe areas of the vessels that are not constructed structural alterations to at least 10 percent of ment if the owners of such vessels make annual ways from the fire-retardant materials requireold vessels that only operate within inland waterMARCH 21, 2017 

Reported without amendment 


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