I

104TH CONGRESS

2D SESSION H. R. 2916

To amend title 46, United States Code, to ensure the safety of towing

vessels.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 31, 1996

Mr. KENNEDY of Rhode Island (for himself and Mr. REED) introduced the

following bill; which was referred to the Committee on Transportation

and Infrastructure

A BILL

To amend title 46, United States Code, to ensure the safety

of towing vessels.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Towing Vessel Safety

5 Act of 1996’’.

6 SEC. 2. MINIMUM NAVIGATIONAL SAFETY EQUIPMENT FOR

7 TOWING VESSELS.

8 (a) IN GENERAL.—Section 4102 of title 46, United

9 States Code, is amended by adding at the end the follow10 ing:
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1 ‘‘(f)(1) In prescribing regulations for towing vessels,

2 the Secretary shall—

3 ‘‘(A) consider the characteristics, methods of

4 operation, and nature of the service of towing ves5 sels;

6 ‘‘(B) consult with the Towing Safety Advisory

7 Committee; and

8 ‘‘(C) require, to the extent appropriate, the in9 stallation, maintenance, and use of and familiarity

10 with the following equipment on each towing vessel,

11 other than a towing vessel that is used only for tow12 ing disabled vessels:

13 ‘‘(i) A radar system.

14 ‘‘(ii) An electronic position-fixing device.

15 ‘‘(iii) A sonic depth finder.

16 ‘‘(iv) A compass or swing meter.

17 ‘‘(v) Adequate towing wire and associated

18 equipment.

19 ‘‘(vi) Up-to-date navigational charts and

20 publications for the areas normally transited by

21 the vessel.

22 ‘‘(vii) Other safety equipment the Sec23 retary determines to be necessary.

24 ‘‘(2) The Secretary shall establish in regulations

25 under this chapter requirements that—
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1 ‘‘(A) any equipment required on a towing vessel

2 under paragraph (1) shall be maintained in effective

3 operating condition; and

4 ‘‘(B) if such equipment on a vessel ceases to op5 erate, the master of the vessel shall exercise due dili6 gence to restore the equipment to effective operating

7 condition, or cause it to be restored to that condi8 tion, at the earliest practicable date.’’.

9 (b) REGULATIONS.—The Secretary of Transportation

10 shall issue regulations by not later than 12 months after

11 the date of the enactment of this Act, prescribing naviga12 tional publication and equipment requirements under sub13 section (f) of section 4102 of title 46, United States Code,

14 as added by subsection (a) of this section.

15 SEC. 3. REPORTING MARINE CASUALTIES.

16 (a) EXPEDITED REPORTING REQUIRED.—Section

17 6101(b) of title 46, United States Code, is amended by

18 striking ‘‘within 5 days’’ and inserting ‘‘by as soon as

19 practicable, but in no case later than within 5 days,’’.

20 (b) PENALTY FOR FAILURE TO REPORT A CAS21 UALTY.—Section 6103(a) of title 46, United States Code

22 is amended by striking ‘‘$1,000’’ and inserting ‘‘not more

23 than $25,000’’.
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1 SEC. 4. REPORT ON FEASIBILITY OF ESTABLISHING A DIF2 FERENTIAL GLOBAL POSITIONING SAT3 ELLITE NAVIGATION SYSTEM AND ELEC4 TRONIC CHARTS FOR INLAND WATERWAYS.

5 Not later than 6 months after the date of the enact6 ment of this Act, the Secretary of Transportation shall

7 submit a report to the Congress on the feasibility of estab8 lishing a differential global positioning satellite navigation

9 system and creating electronic charts for the inland water10 ways of the United States.

11 SEC. 5. PROTECTION OF SEAMEN AGAINST DISCRIMINA12 TION.

13 Section 2114 of title 46, United States Code, is

14 amended—

15 (1) by amending subsection (a) to read as fol16 lows:

17 ‘‘(a) An owner, charterer, managing operator, agent,

18 master, or individual in charge of a vessel may not dis19 charge, temporarily remove, or in any manner discrimi20 nate against a seaman because the seaman—

21 ‘‘(1) in good faith has reported or is about to

22 report to the Coast Guard that the seaman believes

23 that a violation of this subtitle, or a regulation is24 sued under this subtitle, has occurred; or

25 ‘‘(2) refuses to violate this subtitle or a regula26 tion issued under this subtitle.’’; and
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1 (2) in subsection (b)—

2 (A) in paragraph (1) by striking ‘‘and’’

3 after the semicolon;

4 (B) in paragraph (2) by striking the period

5 and inserting ‘‘; and’’; and

6 (C) by adding at the end the following:

7 ‘‘(3) an award of cost and reasonable attorney’s

8 fees to the prevailing plaintiff.’’.

9 SEC. 6. MANNING AND LICENSING REQUIREMENTS FOR

10 TOWING VESSELS.

11 (a) MANNING REQUIREMENTS.—Section 8904 of title

12 46, United States Code, is amended by adding at the end

13 the following:

14 ‘‘(c) A towing vessel, other than a vessel referred to

15 in subsection (b), shall—

16 ‘‘(1) while being operated, have on board an in17 dividual licensed by the Secretary as a master of

18 that type of towing vessel; and

19 ‘‘(2) be operated by an individual licensed by

20 the Secretary to operate that type of towing vessel.’’.

21 (b) REGULATIONS ESTABLISHING LICENSES FOR

22 MASTERS AND OPERATORS.—Section 7101 of title 46,

23 United States Code, is amended by adding at the end the

24 following:
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1 ‘‘(j)(1) The Secretary shall prescribe regulations

2 which establish licenses for masters and mates of towing

3 vessels.

4 ‘‘(2) Regulations under this subsection shall provide

5 that an individual may be issued a license as a master

6 or mate of a towing vessel only if the individual—

7 ‘‘(A) demonstrates proficiency in the use of the

8 equipment required pursuant to section

9 4102(f)(1)(C) of this title; and

10 ‘‘(B) demonstrates proficiency in operating a

11 towing vessel.

12 ‘‘(3) Regulations under this subsection may establish

13 standards and procedures under which the Secretary may

14 delegate, to individuals who have experience in the oper15 ation of towing vessels and to other qualified persons, the

16 authority to conduct examinations required for the issu17 ance of a license as a master or mate of a towing vessel.’’.

18 (c) EXISTING UNINSPECTED TOWING VESSEL OPER19 ATOR LICENSE HOLDERS.—An uninspected towing vessel

20 operator license that is valid on the date of enactment of

21 this Act shall be valid as a master or mate license required

22 under section 8904 of title 46, United States Code, as

23 amended by this section, until otherwise required to be re24 newed. The Secretary shall require that an individual ap25 plying for a first renewal of such a license as a master
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1 or mate license under that section demonstrate proficiency

2 under the requirements of section 7101(j) of title 46,

3 United States Code, as added by this section.

4 (d) EFFECTIVE DATE.—The amendments made by

5 this section shall take effect 2 years after the date of the

6 enactment of this Act.

7 (e) DEADLINE FOR REGULATIONS.—The Secretary

8 of the department in which the Coast Guard is operating

9 shall issue regulations under the amendments made by

10 this section by not later than 1 year after the date of the

11 enactment of this Act.

12 SEC. 7. INSPECTION OF TOWING VESSELS.

13 (a) IN GENERAL.—Section 3301 of title 46, United

14 States Code, is amended by adding at the end the follow15 ing:

16 ‘‘(14) towing vessels.’’.

17 (b) EXCEPTION.—Section 3302 of title 46, United

18 States Code, is amended by adding at the end the follow19 ing:

20 ‘‘(n) A towing vessel is not subject to inspection

21 under section 3301(14) of this title if the vessel—

22 ‘‘(1) is used only for towing disabled vessels; or

23 ‘‘(2) is not used to pull, push, or haul alongside

24 a barge that is subject to inspection under section

25 3301 of this title.’’.
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1 (c) EQUIPMENT REQUIREMENTS.—Section 3306 of

2 title 46, United States Code, is amended by adding at the

3 end the following:

4 ‘‘(j) In prescribing regulations for towing vessels, the

5 Secretary shall—

6 ‘‘(1) consider the characteristics, methods of

7 operation, and nature of the service of towing ves8 sels;

9 ‘‘(2) consult with the Towing Safety Advisory

10 Committee; and

11 ‘‘(3) require, to the extent appropriate, the in12 stallation, maintenance, and use of the following

13 equipment on each towing vessel, other than a tow14 ing vessel that is used only for towing disabled ves15 sels:

16 ‘‘(A) A radar system.

17 ‘‘(B) An electronic position-fixing device.

18 ‘‘(C) Adequate communications equipment.

19 ‘‘(D) A sonic depth finder.

20 ‘‘(E) A compass or swing meter.

21 ‘‘(F) Adequate towing equipment.

22 ‘‘(G) Up-to-date navigational charts and

23 publications for the areas normally transited by

24 the vessel.

25 ‘‘(H) Adequate fire fighting equipment.
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1 ‘‘(I) Other equipment the Secretary deter2 mines will minimize the risk of injury to the

3 crew or the risk of a vessel or barge casualty.’’.

4 (d) REGULATIONS.—The Secretary of Transportation

5 shall prescribe regulations implementing this section with6 in 1 year after the date of enactment of this Act.

7 SEC. 8. CIVIL PENALTIES.

8 (a) PROHIBITED OPERATION OF UNINSPECTED TOW9 ING VESSEL, GENERALLY.—Section 4106 of title 46,

10 United States Code, is amended by striking ‘‘$5,000’’ and

11 inserting ‘‘$25,000’’.

12 (b) OPERATION OF UNINSPECTED TOWING VESSEL

13 IN VIOLATION OF MANNING REQUIREMENTS.—Section

14 8906 of title 46, United States Code, is amended by strik15 ing ‘‘$1,000’’ and inserting ‘‘not more than $25,000’’.

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