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[Senate Report 110-513]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 1096

110th Congress                                                   Report
 2d Session                      SENATE                         110-513
_______________________________________________________________________

                    OIL SPILL PREVENTION ACT OF 2008

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2699

                                     

September 26 (legislative day, September 17), 2008.--
                         Ordered to be printed

                              -----

                     U.S. GOVERNMENT PRINTING OFFICE

69-010                     WASHINGTON : 2008

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                       one hundred tenth congress

                             second session

                   DANIEL K. INOUYE, Hawaii, Chairman
JOHN D. ROCKEFELLER IV, West         KAY BAILEY HUTCHISON, Texas
    Virginia                         TED STEVENS, Alaska
JOHN F. KERRY, Massachusetts         JOHN McCAIN, Arizona
BYRON L. DORGAN, North Dakota        OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            GORDON H. SMITH, Oregon
BILL NELSON, Florida                 JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington           JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey      JIM DEMINT, South Carolina
MARK PRYOR, Arkansas                 DAVID VITTER, Louisiana
THOMAS CARPER, Delaware              JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri           ROGER F. WICKER, Mississippi
AMY KLOBUCHAR, Minnesota
          Margaret Cummisky, Staff Director and Chief Counsel
         Lila Helms, Deputy Staff Director and Policy Director
       Jean Toal Eisen, Senior Advisor and Deputy Policy Director
     Christine Kurth, Republican Staff Director and General Counsel
                Paul J. Nagle, Republican Chief Counsel
             Mimi Braniff, Republican Deputy Chief Counsel

                                                      Calendar No. 1096

110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-513

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

 
                    OIL SPILL PREVENTION ACT OF 2008

                                _______
                                

  September 26 (legislative day, September 17), 2008.--Ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2699]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill joint resolution deg. (S. 
2699), to require new vessels for carrying oil fuel to have 
double hulls, and for other purposes, having considered the 
same, reports favorably thereon with amendments and recommends 
that the bill (as amended) do pass.

                          Purpose of the Bill

  S. 2699, the Oil Spill Prevention Act of 2008 would make 
improvements to design and construction of fuel tanks for non-
tank vessels and to the medical review program for merchant 
mariners.

                          Background and Needs

  Oil spills that result from accidents, groundings, or 
collisions create substantial environmental and economic 
damage. The most expensive spill in U.S. waters, the 1989 tank 
vessel\1\ Exxon Valdez spill in Alaska, cost $2.5 billion to 
clean up, or $9.5 billion including fines and claims 
settlements. Since 1989, less expensive but still significant 
spills have occurred. In November 2007, the non-tank vessel\2\ 
Cosco Busan spilled 58,000 gallons of fuel oil into the San 
Francisco Bay. The Cosco Busan had fuel tanks capable of 
carrying 2 million gallons of heavy-duty bunker fuel oil. While 
oil transport and maritime traffic continues to increase, the 
total number of reported spills has generally declined each 
year since 1990 when the Oil Pollution Act of 1990 was signed 
into law. According to Coast Guard oil spill statistics 
compiled between 1973 and 2004, non-tank vessels and fishing 
vessels now account for the highest number of spill incidents; 
however, tank vessels and barges are responsible for the 
majority of oil spilled by volume.
---------------------------------------------------------------------------
    \1\A tank vessel transports oil or hazardous materials in bulk.
    \2\A non-tank vessel transports other types of cargo or provides 
other services, for example offshore supply vessels, passenger vessels, 
fishing vessels, or containerized cargo vessels.
---------------------------------------------------------------------------

                         Summary of Provisions

  The Oil Spill Prevention Act of 2008 would implement the 
International Maritime Organization (IMO) amendment requiring a 
double hull or an additional protective layer around the fuel 
tank for non-tank vessels, clarify the Coast Guard's authority 
to direct the movement of vessel traffic in a Vessel Traffic 
Services (VTS) area, require the Coast Guard to assess the need 
for improved vessel traffic management measures, create a 
medical review program for merchant mariners, and require the 
Coast Guard to conduct a study into the causes of marine 
accidents.

                          Legislative History

  S. 2699 was introduced on March 4, 2008, by Senators 
Lautenberg and Boxer and was referred to the Committee on 
Commerce, Science, and Transportation. A hearing on oil spill 
prevention was held on March 4, 2008. On May 15, 2008, the 
Committee met in open executive session and ordered S. 2699 
reported favorably with amendment.
  Staff assigned to this legislation are Dabney Hegg, 
Democratic Senior Professional Staff Member, and Todd Bertoson, 
Republican Senior Counsel.

                            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:

                                     U.S. Congress,
                                Congressional Budget Office
                                     Washington, DC, June 26, 2008.
Hon. Daniel K. Inouye,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2699, the Oil Spill 
Prevention Act of 2008.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         Robert A. Sunshine
                                   (For Peter R. Orszag, Director).
    Enclosure.
S. 2699--Oil Spill Prevention Act of 2008
    S. 2699 would address spills of fuel oil from vessels and 
other maritime safety issues. Based on information provided by 
the U.S. Coast Guard, CBO estimates that implementing S. 2699 
would cost about $1 million in 2009. We estimate that ongoing 
costs (to implement and enforce new standards) would total less 
than $500,000 a year. Enacting S. 2699 would not affect 
revenues or direct spending.
    Under S. 2699, all new vessels that have an aggregate 
capacity of at least 600 cubic meters of fuel oil would be 
required to be built with a double hull or an additional 
protective layer on their fuel tanks. The bill also would 
require the Coast Guard to conduct studies on marine casualties 
and on the need for tractor tugboats to escort vessels carrying 
large amounts of fuel.
    Section 4 of the Unfunded Mandates Reform Act (UMRA) 
excludes from the application of that act any legislative 
provision that is necessary for the ratification or 
implementation of international treaty obligations. CBO has 
determined that section 2 of S. 2699 falls within that 
exclusion; therefore, we have not reviewed it for 
intergovernmental or private-sector mandates.
    The remaining provisions of S. 2699 contain no 
intergovernmental mandates as defined in UMRA and would impose 
no costs on state, local, or tribal governments. One of those 
provisions, however, contains a private-sector mandate as 
defined in UMRA because it would require U.S. merchant mariners 
to comply with new medical standards. The bill would require 
the U.S. Coast Guard to establish medical standards that ensure 
that the physical condition of all merchant mariners 
(approximately 220,000 currently employed) is adequate for them 
to safely carry out their duties on board vessels. The 
standards would be based on a future study by the U.S. Coast 
Guard and consultation with the advisory committee established 
under the bill. According to industry experts, however, those 
standards would likely be more stringent than current 
regulations. Potential costs for merchant mariners to comply 
with the medical standards could be the cost of more frequent 
physical examinations, additional medical tests, and any 
reduction in income that might result from losing one's job for 
not meeting the medical requirements. At this time, CBO has no 
basis for predicting the scope or stringency of the new 
standards that the bill would require. Because the cost to 
comply with those standards would depend on regulations to be 
developed by the U.S. Coast Guard, CBO cannot determine whether 
the cost of the mandate would exceed the annual threshold 
established in UMRA for private-sector mandates, ($136 million 
in 2008, adjusted annually for inflation).
    The CBO staff contacts for this estimate are Deborah Reis 
(for federal costs), and Jacob Kuipers (for the private-sector 
impact). The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                      Regulatory Impact Statement

  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

  This bill is intended to minimize the damage of an accidental 
oil spill by requiring a double hull or an additional 
protective layer around the fuel tank for non-tank vessels. 
This requirement already exists through the IMO Marine 
Environment Protection Committee (MEPC) so it affects those 
already subject to the rules of the IMO. Additionally, any 
person affected by the creation of the medical advisory 
committee in this bill would be contributing to a safer and 
healthier maritime industry.

                            ECONOMIC IMPACT

  This legislation would not have an adverse economic impact on 
the Nation. This bill would promote a safer and more efficient 
maritime environment, which could ultimately reduce the 
monetary consequences of oil spills or other manmade disasters.

                                PRIVACY

  S. 2699 would have minimal effect on the privacy rights of 
individuals. It is anticipated that the medical national 
registry will include protections to ensure the privacy of 
individuals' sensitive health records.

                               PAPERWORK

  The Committee does not anticipate a major increase in 
paperwork burdens for individuals or business resulting from 
the passage of this legislation. Any additional paperwork for 
the Coast Guard that may result from the double hull 
requirement or medical advisory committee is aimed at fostering 
a safer maritime environment.

                   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. Short Title.
  Section 1 would title S. 2699 as the ``Oil Spill Prevention 
Act of 2008.''
Section 2. Oil Fuel Tank Protection.
  In March 2006, the IMO MEPC adopted a resolution to establish 
design requirements for protectively locating fuel tanks on all 
ships with an aggregate oil fuel capacity of 600 cubic meters 
or more that have a building contract on or after August 1, 
2007, or a delivery date on or after August 1, 2010. The 
resolution limits fuel oil tank capacity to 2,500 cubic meters 
or approximately 660 thousand gallons. Additionally, it 
includes inspection requirements for wing and double-bottom 
tanks or spaces when approving the design and construction of 
ships.
  The IMO resolution offers two mechanisms through which a 
vessel can be designed to meet the new requirement to add an 
additional protective layer near the fuel tanks for non-tank 
vessels. Vessel operators can either install a double-hull or 
some form of bulkhead or shell plating surrounding a fuel tank. 
If operators install a bulkhead or shell plating, they must 
place the fuel tank a calculated safe distance from both the 
side and bottom of the non-tank vessel. The resolution also 
requires that fuel oil piping within specific proximity to the 
actual sides or bottom of the vessel be fitted with readily 
accessible valves or similar closing devices within or 
immediately adjacent to the fuel oil tank. The valves will be 
required to close in case of remote system failure and remain 
closed at sea any time the tank contains fuel oil. As a 
signatory to the International Convention to Prevent Pollution 
from Ships (MARPOL) Annex I, amendment 12A, the United States 
has an obligation to act in accordance with the convention.
  Section 2 would implement the IMO amendment to the MARPOL 
Annex I which establishes design requirements for protectively 
locating fuel tanks on all ships consistent with Amendment 12A.
Section 3. Maritime Emergency Prevention.
  Section 3 would clarify the Coast Guard's authority to direct 
the movement of vessel traffic in a VTS area and would direct 
the Coast Guard to conduct an assessment of the need for new, 
expanded, or improved vessel traffic management measures. The 
provision also would set forth additional navigational training 
requirements for Coast Guard VTS watch stander personnel.
Section 4. Merchant Mariner Medical Advisory Committee, Medical 
        Standards, and Medical Requirements.
  Section 4 would establish an advisory committee of medical 
subject matter specialists familiar with the unique maritime 
occupational environment. These subject matter specialists 
would: (1) advise the Secretary on medical matters relating to 
the issuance of Merchant Mariner Credentials; (2) recommend 
medical standards and guidelines for the physical 
qualifications of mariners; and (3) develop training materials 
in order to certify that medical examiners in a national 
registry established by this amendment satisfy performance 
standards. This provision would provide a way for the Coast 
Guard to standardize the training for medical examiners and the 
reporting of medical examinations. This registry would ensure a 
basic level of quality and the timely management of the medical 
review process. This language would create a medical review 
process and national registry of examiners similar to that 
within the Federal Motor Carrier Safety Administration and the 
Federal Aviation Administration. This provision is based on a 
National Transportation Safety Board (NTSB) recommendation.
Section 5. Marine Casualty Study.
  Section 5 would require the Coast Guard to conduct a 
meaningful study into the causes of marine accidents.
Section 6. Coast Guard Study on the Use of Tractor Tugs.
  This section would direct the Coast Guard to perform a study 
at the five highest volume ports in the United States on the 
use of tractor tug escorts that aid in avoiding shipping 
accidents by escorting vessels that transport or carry a high 
volume of oil. The use of tractor tug escorts is mandated by 
State regulation and/or by order of the Captain of the Port in 
a number of west coast ports. These new generation tugboats are 
powerful enough to hold vessels in a static location in the 
event of a mechanical problem or the onset of fog. These tugs 
also provide a number of other safety improvements by providing 
increased maneuverability in the tight confines of a harbor.
Section 7. NTSB to Share Information with State Investigators.
  Section 7 clarifies that both State and Federal government 
agencies are eligible to cooperate with marine investigations 
conducted by the NTSB.
Section 8. Trained Pollution Investigators.
  Section 8 would require the Coast Guard to have at least one 
pollution investigator either on duty or on a recall status at 
all time in each Sector Command pursuant to recommendations of 
the Incident Specific Preparedness Review for the response to 
the Cosco Busan collision of November 7, 2007.

                        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):

                 PORTS AND WATERWAYS SAFETY ACT OF 1972

SEC. 4. VESSEL OPERATING REQUIREMENTS.

                            [33 U.S.C. 1223]

  (a) In General.--Subject to the requirements of section 5, 
the Secretary--
          (1) in any port or place under the jurisdiction of 
        the United States, in the navigable waters of the 
        United States, or in any area covered by an 
        international agreement negotiated pursuant to section 
        11, may construct, operate, maintain, improve, or 
        expand vessel traffic services, consisting of measures 
        for controlling or supervising vessel traffic or for 
        protecting navigation and the marine environment and 
        may include, but need not be limited to one or more of 
        the following: reporting and operating requirements, 
        surveillance and communications systems, routing 
        systems, and fairways;
          (2) shall require appropriate vessels which operate 
        in an area of a vessel traffic service to utilize or 
        comply with that service;
          (3) may require vessels to install and use specified 
        navigation equipment, communications equipment, 
        electronic relative motion analyzer equipment, or any 
        electronic or other device necessary to comply with a 
        vessel traffic service or which is necessary in the 
        interests of vessel safety: Provided, That the 
        Secretary shall not require fishing vessels under 300 
        gross tons as measured under section 14502 of title 46, 
        United States Code, or an alternate tonnage measured 
        under section 14302 of that title as prescribed by the 
        Secretary under section 14104 of that title or 
        recreational vessels 65 feet or less to possess or use 
        the equipment or devices required by this subsection 
        solely under the authority of this Act;
          (4) may control vessel traffic in areas subject to 
        the jurisdiction of the United States which the 
        Secretary determines to be hazardous, or under 
        conditions of reduced visibility, adverse weather, 
        vessel congestion, or other hazardous circumstances 
        by--
                  (A) specifying times of entry, movement, or 
                departure;
                  (B) establishing vessel traffic routing 
                schemes;
                  (C) establishing vessel size, speed, draft 
                limitations and vessel operating conditions; 
                and
                  (D) restricting operation, in any hazardous 
                area or under hazardous conditions, to vessels 
                which have particular operating characteristics 
                or capabilities which he considers necessary 
                for safe operation under the circumstances;
          (5) may require the receipt of prearrival messages 
        from any vessel, destined for a port or place subject 
        to the jurisdiction of the United States, in sufficient 
        time to permit advance vessel traffic planning prior to 
        port entry, which shall include any information which 
        is not already a matter of record and which the 
        Secretary determines necessary for the control of the 
        vessel and the safety of the port or the marine 
        environment; and
          (6) may prohibit the use on vessels of electronic or 
        other devices that interfere with communication and 
        navigation equipment, except that such authority shall 
        not apply to electronic or other devices certified to 
        transmit in the maritime services by the Federal 
        Communications Commission and used within the frequency 
        bands 157.1875-157.4375 MHz and 161.7875-162.0375 MHz.
  (b) Special Powers.--The Secretary may order any vessel, in a 
port or place subject to the jurisdiction of the United States 
or in the navigable waters of the United States, to [operate 
or] operate, including direction to change the vessel's heading 
and speed, or anchor in a manner he directs if--
          (1) he has reasonable cause to believe such vessel 
        does not comply with any regulation issued under this 
        Act or any other applicable law or treaty;
          (2) he determines that such vessel does not satisfy 
        the conditions for port entry set forth in section 9; 
        or
          (3) by reason of weather, visibility, sea conditions, 
        port congestion, other hazardous circumstances, or the 
        condition of such vessel, he is satisfied that such 
        directive is justified in the interest of safety.
  (c) Port Access Routes.--
          (1) In order to provide safe access routes for the 
        movement of vessel traffic proceeding to or from ports 
        or places subject to the jurisdiction of the United 
        States, and subject to the requirements of paragraph 
        (3) hereof, the Secretary shall designate necessary 
        fairways and traffic separation schemes for vessels 
        operating in the territorial sea of the United States 
        and in high seas approaches, outside the territorial 
        sea, to such ports or places. Such a designation shall 
        recognize, within the designated area, the paramount 
        right of navigation over all other uses.
          (2) No designation may be made by the Secretary 
        pursuant to this subsection, if such a designation, as 
        implemented, would deprive any person of the effective 
        exercise of a right granted by a lease or permit 
        executed or issued under other applicable provisions of 
        law: Provided, That such right has become vested prior 
        to the time of publication of the notice required by 
        clause (A) of paragraph (3) hereof: Provided further, 
        That the determination as to whether the designation 
        would so deprive any such person shall be made by the 
        Secretary, after consultation with the responsible 
        official under whose authority the lease was executed 
        or the permit issued.
          (3) Prior to making a designation pursuant to 
        paragraph (1) hereof, and in accordance with the 
        requirements of section 5, the Secretary shall--
                  (A) within six months after date of enactment 
                of this Act (and may, from time to time 
                thereafter), undertake a study of the potential 
                traffic density and the need for safe access 
                routes for vessels in any area for which 
                fairways or traffic separation schemes are 
                proposed or which may otherwise be considered 
                and shall publish notice of such undertaking in 
                the Federal Register;
                  (B) in consultation with the Secretary of 
                State, the Secretary of the Interior, the 
                Secretary of Commerce, the Secretary of the 
                Army, and the Governors of affected States, as 
                their responsibilities may require, take into 
                account all other uses of the area under 
                consideration (including, as appropriate, the 
                exploration for, or exploitation of, oil, gas, 
                or other mineral resources, the construction or 
                operation of deepwater ports or other 
                structures on or above the seabed or subsoil of 
                the submerged lands or the Outer Continental 
                Shelf of the United States, the establishment 
                or operation of marine or estuarine 
                sanctuaries, and activities involving 
                recreational or commercial fishing); and
                  (C) to the extent practicable, reconcile the 
                need for safe access routes with the needs of 
                all other reasonable uses of the area involved.
          (4) In carrying out his responsibilities under 
        paragraph (3), the Secretary shall proceed 
        expeditiously to complete any study undertaken. 
        Thereafter, he shall promptly issue a notice of 
        proposed rulemaking for the designation contemplated or 
        shall have published in the Federal Register a notice 
        that no designation is contemplated as a result of the 
        study and the reason for such determination.
          (5) In connection with a designation made pursuant to 
        this subsection, the Secretary--
                  (A) shall issue reasonable rules and 
                regulations governing the use of such 
                designated areas, including the applicability 
                of rules 9 and 10 of the International 
                Regulations for Preventing Collisions at Sea, 
                1972, relating to narrow channels and traffic 
                separation schemes, respectively, in waters 
                where such regulations apply;
                  (B) to the extent that he finds reasonable 
                and necessary to effectuate the purposes of the 
                designation, make the use of designated 
                fairways and traffic separation schemes 
                mandatory for specific types and sizes of 
                vessels, foreign and domestic, operating in the 
                territorial sea of the United States and for 
                specific types and sizes of vessels of the 
                United States operating on the high seas beyond 
                the territorial sea of the United States;
                  (C) may, from time to time, as necessary, 
                adjust the location or limits of designated 
                fairways or traffic separation schemes, in 
                order to accommodate the needs of other uses 
                which cannot be reasonably accommodated 
                otherwise: Provided, That such an adjustment 
                will not, in the judgment of the Secretary, 
                unacceptably adversely affect the purpose for 
                which the existing designation was made and the 
                need for which continues; and
                  (D) shall, through appropriate channels, (i) 
                notify cognizant international organizations of 
                any designation, or adjustment thereof, and 
                (ii) take action to seek the cooperation of 
                foreign States in making it mandatory for 
                vessels under their control to use any fairway 
                or traffic separation scheme designated 
                pursuant to this subsection in any area of the 
                high seas, to the same extent as required by 
                the Secretary for vessels of the United States.
  (d) Exception.--Except pursuant to international treaty, 
convention, or agreement, to which the United States is a 
party, this Act shall not apply to any foreign vessel that is 
not destined for, or departing from, a port or place subject to 
the jurisdiction of the United States and that is in--
          (1) innocent passage through the territorial sea of 
        the United States, or
          (2) transit through the navigable waters of the 
        United States which form a part of an international 
        strait.
  (e) Cooperative Agreements.--
          (1) The Secretary may enter into cooperative 
        agreements with public or private agencies, 
        authorities, associations, institutions, corporations, 
        organizations, or other persons to carry out the 
        functions under subsection (a)(1).
          (2) A nongovernmental entity may not under this 
        subsection carry out an inherently governmental 
        function.
          (3) As used in this paragraph, the term "inherently 
        governmental function" means any activity that is so 
        intimately related to the public interest as to mandate 
        performance by an officer or employee of the Federal 
        Government, including an activity that requires either 
        the exercise of discretion in applying the authority of 
        the Government or the use of judgment in making a 
        decision for the Government.

                           TITLE 46. SHIPPING

                    SUBTITLE II. VESSELS AND SEAMEN

              PART B. INSPECTION AND REGULATION OF VESSELS

                    CHAPTER 33. INSPECTION GENERALLY

 3306. Regulations

  (a) To carry out this part and to secure the safety of 
individuals and property on board vessels subject to 
inspection, the Secretary shall prescribe necessary regulations 
to ensure the proper execution of, and to carry out, this part 
in the most effective manner for--
          (1) the design, construction, alteration, repair, and 
        operation of those vessels, including superstructures, 
        hulls, fittings, equipment, appliances, propulsion 
        machinery, auxiliary machinery, boilers, unfired 
        pressure vessels, piping, electric installations, and 
        accommodations for passengers and crew, sailing school 
        instructors, and sailing school students;
           (2) lifesaving equipment and its use;
          (3) firefighting equipment, its use, and 
        precautionary measures to guard against fire;
           (4) inspections and tests related to paragraphs (1), 
        (2), and (3) of this subsection; and
          (5) the use of vessel stores and other supplies of a 
        dangerous nature.
  (b)(1) Equipment and material subject to regulation under 
this section may not be used on any vessel without prior 
approval of the Secretary.
  (2) Except with respect to use on a public vessel, the 
Secretary may treat an approval of equipment or materials by a 
foreign government as approval by the Secretary for purposes of 
paragraph (1) if the Secretary determines that--
          (A) the design standards and testing procedures used 
        by that government meet the requirements of the 
        International Convention for the Safety of Life at Sea, 
        1974;
          (B) the approval of the equipment or material by the 
        foreign government will secure the safety of 
        individuals and property on board vessels subject to 
        inspection; and
          (C) for lifesaving equipment, the foreign 
        government--
                  (i) has given equivalent treatment to 
                approvals of lifesaving equipment by the 
                Secretary; and
                  (ii) otherwise ensures that lifesaving 
                equipment approved by the Secretary may be used 
                on vessels that are documented and subject to 
                inspection under the laws of that country.
  (c) In prescribing regulations for sailing school vessels, 
the Secretary shall consult with representatives of the private 
sector having experience in the operation of vessels likely to 
be certified as sailing school vessels. The regulations shall--
          (1) reflect the specialized nature of sailing school 
        vessel operations, and the character, design, and 
        construction of vessels operating as sailing school 
        vessels; and
          (2) include requirements for notice to sailing school 
        instructors and sailing school students about the 
        specialized nature of sailing school vessels and 
        applicable safety regulations.
  (d) In prescribing regulations for nautical school vessels 
operated by the United States Merchant Marine Academy or by a 
State maritime academy (as defined in section 51102 of this 
title), the Secretary shall consider the function, purpose, and 
operation of the vessels, their routes, and the number of 
individuals who may be carried on the vessels.
  (e) When the Secretary finds it in the public interest, the 
Secretary may suspend or grant exemptions from the requirements 
of a regulation prescribed under this section related to 
lifesaving and firefighting equipment, muster lists, ground 
tackle and hawsers, and bilge systems.
  (f) In prescribing regulations for offshore supply vessels, 
the Secretary shall consider the characteristics, methods of 
operation, and the nature of the service of offshore supply 
vessels.
  (g) In prescribing regulations for fish processing or fish 
tender vessels, the Secretary shall consult with 
representatives of the private sector having experience in the 
operation of these vessels. The regulations shall reflect the 
specialized nature and economics of fish processing or fish 
tender vessel operations and the character, design, and 
construction of fish processing or fish tender vessels.
  (h) The Secretary shall establish appropriate structural fire 
protection, manning, operating, and equipment requirements for 
vessels of at least 100 gross tons but less than 300 gross tons 
as measured under section 14502 of this title, or an alternate 
tonnage measured under section 14302 of this title as 
prescribed by the Secretary under section 14104 of this title 
carrying not more than 150 passengers on domestic voyages, 
which meet the eligibility criteria of section 2113(4) of this 
title.
  (i) The Secretary shall establish appropriate structural fire 
protection, manning, operating, and equipment requirements for 
former public vessels of the United States of at least 100 
gross tons but less that 500 gross tons as measured under 
section 14502 of this title, or an alternate tonnage measured 
under section 14302 of this title as prescribed by the 
Secretary under section 14104 of this title carrying not more 
than 150 passengers on domestic voyages, which meet the 
eligibility criteria of section 2113(5) of this title.
  (j) The Secretary may establish by regulation a safety 
management system appropriate for the characteristics, methods 
of operation, and nature of service of towing vessels.
  (k)(1) All new vessels of the United States with a building 
contract date after the date of enactment of the Oil Spill 
Prevention Act of 2008, or delivered after August 1, 2010, with 
an aggregate capacity of 600 cubic meters or more of oil fuel, 
shall comply with the requirements of Regulation 12A under 
Annex I to the Protocol of 1978 relating to the International 
Convention for the Prevention of Pollution from Ships, 1973, 
entitled ``Oil Fuel Tank Protection''.
  (2) Regulations.--The Secretary may prescribe regulations to 
amend or modify the requirements of this subsection. Any such 
regulation shall be considered to be an interpretive rule for 
the purposes of section 553 of title 5.
  (3) In this subsection, the term ``oil fuel'' means any oil 
used as fuel in connection with the propulsion and auxiliary 
machinery of the vessel in which such oil is carried.

                           TITLE 46. SHIPPING

                    SUBTITLE II. VESSELS AND SEAMEN

     PART E. MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS

           CHAPTER 71. LICENSES AND CERTIFICATES OF REGISTRY

Sec. 7115. Merchant mariner medical advisory committee, medical 
                    standards, and medical requirements

  (a) Establishment.--
          (1) In general.--There is established a Merchant 
        Mariner Medical Advisory Committee.
          (2) Functions.--The Committee shall--
                  (A) advise the Secretary on matters relating 
                to--
                          (i) medical certification 
                        determinations for issuance of merchant 
                        mariner credentials;
                          (ii) medical standards and guidelines 
                        for the physical qualifications of 
                        operators of commercial vessels;
                          (iii) medical examiner education;
                          (iv) medical research; and,
                  (B) develop, as appropriate, specific courses 
                and materials for medical examiners listed in 
                the national registry established under this 
                section.
          (3) Membership.--
                  (A) In general.--The Committee shall consist 
                of the chief medical examiner and--
                          (i) 10 individuals who are health-
                        care professionals with particular 
                        expertise, knowledge, or experience 
                        regarding the medical examinations of 
                        merchant mariners or occupational 
                        medicine; and
                          (ii) 2 individuals who are 
                        professional mariners with knowledge 
                        and experience in mariner occupational 
                        requirements.
                  (B) Status of members.--Except for the chief 
                medical examiner, members of the Committee 
                shall not be considered Federal employees or 
                otherwise in the service or the employment of 
                the Federal Government, except that members 
                shall be considered special Government 
                employees, as defined in section 202(a) of 
                title 18 and shall be subject to any 
                administrative standards of conduct applicable 
                to the employees of the department in which the 
                Coast Guard is operating.
                  (C) Compensation; Reimbursement.--Except for 
                the chief medical examiner, members of the 
                Committee shall serve without compensation, 
                except that, while engaged in the performance 
                of duties away from their homes or regular 
                places of business of the member, the member of 
                the Committee may be allowed travel expenses, 
                including per diem in lieu of subsistence, as 
                authorized by section 5703 of title 5.
  (b) Appointments; Terms; Vacancies; Organization.--
          (1) The Secretary shall appoint the members of the 
        Committee, and each member shall serve at the pleasure 
        of the Secretary.
          (2) The members shall be appointed for a term of 3 
        years, except that, of the members first appointed, 3 
        members shall be appointed for a term of 2 years and 3 
        members shall be appointed for a term of 1 year.
          (3) Any member appointed to fill the vacancy prior to 
        the expiration of the term for which such member's 
        predecessor was appointed shall be appointed for the 
        remainder of such term.
          (4) The Secretary shall designate 1 member other than 
        the chief medical examiner as the Chairman and 1 member 
        other than the chief medical examiner as the Vice 
        Chairman. The Vice Chairman shall act as Chairman in 
        the absence or incapacity of, or in the event of a 
        vacancy in the office of, the Chairman.
          (5) Staff; services.--The Secretary shall furnish to 
        the Committee the personnel and services as are 
        considered necessary for the conduct of its business.
          (6) First meeting.--No later than 6 months after the 
        date of enactment of the Oil Spill Prevention Act of 
        2008, the Committee shall hold its first meeting.
  (c) Chief Medical Examiner.--The Secretary shall appoint an 
employee of the Coast Guard who will serve as a chief medical 
examiner and who shall hold a position under section 3104 of 
title 5 relating to employment of specially qualified 
scientific and professional personnel, and shall be paid under 
section 5376 of title 5, relating to pay for certain senior-
level positions.
  (d) Medical Standards and Requirements.--
          (1) In general.--The Secretary, with the advice of 
        the Committee , shall--
                  (A) establish, review, and revise--
                          (i) medical standards for merchant 
                        mariners that will ensure that the 
                        physical condition of merchant mariners 
                        is adequate to enable them to safely 
                        carry out their duties on board 
                        vessels;
                          (ii) requirements for periodic 
                        physical examinations of such merchant 
                        mariners performed by a medical 
                        examiner (who shall be a license 
                        physician) who has, at a minimum, self-
                        certified that he or she has completed 
                        training in physical and medical 
                        examination standards and is listed on 
                        a registry of medical examiners 
                        maintained in accordance with 
                        subsection (e) of this section;
                  (B) require each such merchant mariner to 
                have a current valid medical certificate;
                  (C) conduct periodic reviews of a select 
                number of medical examiners on the national 
                registry to ensure that proper examinations of 
                merchant mariners are being conducted;
                  (D) require each such medical examiner to, at 
                a minimum, self-certify that he or she has 
                completed specific training, including 
                refresher courses, to be listed in the 
                registry;
                  (E) require medical examiners to transmit the 
                name of the applicant and numerical identifier, 
                as determined by the Coast Guard, for any 
                completed medical examination report required 
                under regulations established by the Secretary 
                electronically to the chief medical examiner on 
                monthly basis; and
                  (F) periodically review a representative 
                sample of the medical examiners' reports 
                associated with the name and numerical 
                identifiers of applicants transmitted under 
                subparagraph (E) for errors, omissions, or 
                other indications of improper certification.
          (2) Monitoring performance.--The Secretary shall 
        investigate patterns of errors or improper 
        certification by medical examiners. If the Secretary 
        finds that a medical examiner has issued a medical 
        certificate to a merchant mariner who fails to meet the 
        applicable standards at the time of the examination or 
        that a medical examiner has falsely claimed to have 
        completed training in physical and medical examination 
        standards as required by this section, the Secretary 
        may remove the name of such medical examiner from the 
        registry and may void the medical certificate of the 
        applicant or holder.
  (e) National Registry of Medical Examiners.--The Secretary, 
acting through the Commandant of the Coast Guard--
          (1) shall establish and maintain a current national 
        registry of medical examiners (who shall be licensed 
        physicians) who are qualified to perform examinations 
        and issue medical certificates;
          (2) shall remove from the registry the name of any 
        medical examiner who fails to meet or maintain the 
        qualifications established by the Secretary for being 
        listed in the registry or otherwise does not meet the 
        requirements of this section or a regulation issued 
        under this section;
          (3) shall accept as valid only medical certificates 
        issued by persons on the national registry of medical 
        examiners;
          (4) may make participation of medical examiners in 
        the national registry voluntary if such a change will 
        enhance the safety of merchant mariners holding United 
        States Coast Guard issued credentials; and
          (5) shall include in the registry established under 
        paragraph (1) licensed physicians who are certified by 
        the Secretary of Transportation to perform medical 
        examinations of operators of commercial motor vehicles 
        under section 31149 of title 49 and airmen.
  (f) Medical Examiner Defined.--In this section, the term 
`medical examiner' means an individual licensed, certified, or 
registered in accordance with the regulations issued by the 
Coast Guard as a medical examiner.
  (g) Coordination.--The Secretary shall coordinate, where 
appropriate, with the Secretary of Transportation to utilize 
existing systems, processes, and procedures where appropriate 
synergies exist in the administration of the Federal Motor 
Carrier Safety Administration's Medical Program authorized 
under section 31149 of title 49 and the Federal Aviation 
Administration's Office of Aerospace Medicine authorized under 
section 44702 of that title.
  (h) Regulations.--The Secretary may issue such regulations as 
may be necessary to carry out this section.

                        TITLE 49. TRANSPORTATION

                 SUBTITLE II. OTHER GOVERNMENT AGENCIES

            CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD

                       SUBCHAPTER III. AUTHORITY

 1131. General authority

  (a) General.--
          (1) The National Transportation Safety Board shall 
        investigate or have investigated (in detail the Board 
        prescribes) and establish the facts, circumstances, and 
        cause or probable cause of--
                  (A) an aircraft accident the Board has 
                authority to investigate under section 1132 of 
                this title or an aircraft accident involving a 
                public aircraft as defined by section 
                40102(a)(37) of this title other than an 
                aircraft operated by the Armed Forces or by an 
                intelligence agency of the United States;
                  (B) a highway accident, including a railroad 
                grade crossing accident, the Board selects in 
                cooperation with a State;
                  (C) a railroad accident in which there is a 
                fatality or substantial property damage, or 
                that involves a passenger train;
                  (D) a pipeline accident in which there is a 
                fatality, substantial property damage, or 
                significant injury to the environment;
                  (E) a major marine casualty (except a 
                casualty involving only public vessels) 
                occurring on or under the navigable waters, 
                internal waters, or the territorial sea of the 
                United States as described in Presidential 
                Proclamation No. 5928 of December 27, 1988, or 
                involving a vessel of the United States (as 
                defined in section 2101(46) of title 46), under 
                regulations prescribed jointly by the Board and 
                the head of the department in which the Coast 
                Guard is operating; and
                  (F) any other accident related to the 
                transportation of individuals or property when 
                the Board decides--
                          (i) the accident is catastrophic;
                          (ii) the accident involves problems 
                        of a recurring character; or
                          (iii) the investigation of the 
                        accident would carry out this chapter.
          (2)(A) Subject to the requirements of this paragraph, 
        an investigation by the Board under paragraph (1)(A)-
        (D) or (F) of this subsection has priority over any 
        investigation by another department, agency, or 
        instrumentality of the United States Government. The 
        Board shall provide for appropriate participation by 
        other departments, agencies, or instrumentalities in 
        the investigation. However, those departments, 
        agencies, or instrumentalities may not participate in 
        the decision of the Board about the probable cause of 
        the accident.
          (B) If the Attorney General, in consultation with the 
        Chairman of the Board, determines and notifies the 
        Board that circumstances reasonably indicate that the 
        accident may have been caused by an intentional 
        criminal act, the Board shall relinquish investigative 
        priority to the Federal Bureau of Investigation. The 
        relinquishment of investigative priority by the Board 
        shall not otherwise affect the authority of the Board 
        to continue its investigation under this section.
          (C) If a Federal law enforcement agency suspects and 
        notifies the Board that an accident being investigated 
        by the Board under subparagraph (A), (B), (C), or (D) 
        of paragraph (1) may have been caused by an intentional 
        criminal act, the Board, in consultation with the law 
        enforcement agency, shall take necessary actions to 
        ensure that evidence of the criminal act is preserved.
          (3) This section and sections 1113, 1116(b), 1133, 
        and 1134(a) and (c)-(e) of this title do not affect the 
        authority of another department, agency, or 
        instrumentality of the [Government] the Federal 
        government or of a State government to investigate an 
        accident under applicable law or to obtain information 
        directly from the parties involved in, and witnesses 
        to, the accident. The Board and other departments, 
        agencies, and instrumentalities shall ensure that 
        appropriate information developed about the accident is 
        exchanged in a timely manner.
  (b) Accidents Involving Public Vessels.--
          (1) The Board or the head of the department in which 
        the Coast Guard is operating shall investigate and 
        establish the facts, circumstances, and cause or 
        probable cause of a marine accident involving a public 
        vessel and any other vessel. The results of the 
        investigation shall be made available to the public.
          (2) Paragraph (1) of this subsection and subsection 
        (a)(1)(E) of this section do not affect the 
        responsibility, under another law of the United States, 
        of the head of the department in which the Coast Guard 
        is operating.
  (c) Accidents Not Involving Government Misfeasance or 
Nonfeasance.--
          (1) When asked by the Board, the Secretary of 
        Transportation or the Secretary of the department in 
        which the Coast Guard is operating may--
                  (A) investigate an accident described under 
                subsection (a) or (b) of this section in which 
                misfeasance or nonfeasance by the Government 
                has not been alleged; and
                  (B) report the facts and circumstances of the 
                accident to the Board.
          (2) The Board shall use the report in establishing 
        cause or probable cause of an accident described under 
        subsection (a) or (b) of this section.
  (d) Accidents Involving Public Aircraft.--The Board, in 
furtherance of its investigative duties with respect to public 
aircraft accidents under subsection (a)(1)(A) of this section, 
shall have the same duties and powers as are specified for 
civil aircraft accidents under sections 1132(a), 1132(b), and 
1134(a), (b), (d), and (f) of this title.
  (e) Accident Reports.--The Board shall report on the facts 
and circumstances of each accident investigated by it under 
subsection (a) or (b) of this section. The Board shall make 
each report available to the public at reasonable cost.

                                  
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