II 

115TH CONGRESS 

1ST SESSION 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 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 

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. 

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


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1 SECTION 1. FIRE-RETARDANT MATERIALS EXEMPTION. 

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

3 amended to read as follows: 

4 ‘‘§ 3503. Fire-retardant materials 

5 ‘‘(a)(1) A passenger vessel of the United States hav6 ing berth or stateroom accommodations for at least 50 

7 passengers shall be granted a certificate of inspection only 

8 if— 

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

10 materials; and 

11 ‘‘(B) the vessel— 

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

13 electrical distribution panels, fuel tanks, oil 

14 tanks, and generators that meet current Coast 

15 Guard regulations; 

16 ‘‘(ii) is operating boilers and main elec17 trical generators that are contained within non18 combustible enclosures equipped with fire sup19 pression systems; and 

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

21 vessel’s bow and stern. 

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

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

24 and operating only within the Boundary Line. 

25 ‘‘(b)(1) When a vessel is exempted from the fire-re26 tardant standards of subsection (a)— 


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

2 vessel shall— 

3 ‘‘(i) notify in writing prospective pas4 sengers, prior to the sale of any ticket for 

5 boarding and to be affirmatively recognized by 

6 such passenger prior to purchase, and any crew 

7 member that the vessel does not comply with 

8 applicable fire safety standards due primarily to 

9 the wooden construction of passenger berthing 

10 areas; and 

11 ‘‘(ii) display in clearly legible font promi12 nently throughout the vessel, including in each 

13 state room the following: ‘THIS VESSEL 

14 FAILS TO COMPLY WITH SAFETY 

15 RULES AND REGULATIONS OF THE U.S. 

16 COAST GUARD.’; 

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

18 vessel— 

19 ‘‘(i) may not disclaim liability to a pas20 senger or crew member for death, injury, or any 

21 other loss caused by fire due to the negligence 

22 of the owner or managing operator; and 

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

24 and maintain, liability insurance in an amount 


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1 to be prescribed by the Federal Maritime Com2 mission; 

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

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

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

6 vessel shall— 

7 ‘‘(i) make annual structural alteration to 

8 not less than 10 percent of the areas of the ves9 sel that are not constructed of fire retardant 

10 materials; 

11 ‘‘(ii) prioritize alterations in galleys, engi12 neering areas of the vessel, including all spaces 

13 and compartments containing, or adjacent to 

14 spaces and compartments containing, engines, 

15 boilers, main electrical distribution panels, fuel 

16 tanks, oil tanks, and generators; 

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

18 Coast Guard, that the combustible fire-load has 

19 been reduced pursuant to clause (i) during each 

20 annual inspection for certification; and 

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

22 Guard regarding the structural alterations 

23 made pursuant to clause (i) and comply with 

24 any noncombustible material requirements pre25 scribed by the Coast Guard; 


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1 ‘‘(E) the Coast Guard, in making the deter2 mination required in subparagraph (D)(iii), shall 

3 consider, to the extent practicable, the goal of pres4 ervation of the historic integrity of the vessel in 

5 areas carrying or accessible to passengers or gen6 erally visible to the public; 

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

8 vessel shall annually notify all ports of call and State 

9 emergency management offices of jurisdiction that 

10 the vessel does not comply with applicable fire safety 

11 standards due primarily to the wooden construction 

12 of passenger berthing areas; 

13 ‘‘(G) the crews manning such vessel shall re14 ceive specialized training, above minimum standards, 

15 in regards to shipboard firefighting that is special16 ized for exempted vessels and approved by the Coast 

17 Guard; and 

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

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

20 to retain previously trained crew knowledgeable of 

21 such vessel or to hire crew trained in operations 

22 aboard exempted vessels. 

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

24 inspection of any vessel exempted from the fire-retardant 

25 standards of subsection (a). 


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

2 carry out this section. Such regulations shall include the 

3 manner in which prospective passengers are to be notified. 

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

5 the Secretary is authorized to immediately withdraw a cer6 tificate of inspection for a passenger vessel that does not 

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

Æ 


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