I

103D CONGRESS

2D SESSION H. R. 4959

To reduce the economic burden on United States-flagged merchant vessels

by streamlining certain regulatory requirements, by expanding the delegation of the performance of marine safety functions to third parties,

and by broadening the Coast Guard’s marine safety authority, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 12, 1994

Mr. TAUZIN (for himself, Mr. STUDDS, Mr. LIPINSKI, Mr. FIELDS of Texas,

and Mr. COBLE) (all by request) introduced the following bill; which was

referred to the Committee on Merchant Marine and Fisheries

A BILL

To reduce the economic burden on United States-flagged

merchant vessels by streamlining certain regulatory requirements, by expanding the delegation of the performance of marine safety functions to third parties, and

by broadening the Coast Guard’s marine safety authority, 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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Maritime Regulatory

5 Reform Act of 1994’’.
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1 SEC. 2. SAFETY MANAGEMENT AND ALTERNATIVE COM2 PLIANCE.

3 (a) Chapter 21 of title 46, United States Code, is

4 amended by adding a new section 2103a to read as fol5 lows:

6 ‘‘SEC. 2103a. SAFETY MANAGEMENT AND ALTERNATIVE

7 COMPLIANCE.

8 ‘‘(a) To implement the International Management

9 Code for the Safe Operation of Ships and for Pollution

10 Prevention adopted by the International Maritime Organi11 zation and to establish voluntary alternative compliance

12 programs, the Secretary may prescribe regulations govern13 ing the merchant marine of the United States, merchant

14 marine personnel, and shore-based management of vessels

15 that affect the safety of vessels and personnel subject to

16 this subtitle and marine pollution prevention. Compliance

17 with regulations implementing the International Manage18 ment Code for the Safe Operation of Ships and for Pollu19 tion Prevention shall be voluntary until the dates for man20 datory compliance provided for in the International Con21 vention for the Safety of life at Sea.

22 ‘‘(b) In implementing the International Management

23 Code for the Safe Operation of Ships and for Pollution

24 Prevention and alternative compliance programs estab25 lished pursuant to this section, the Secretary may estab26 lish optional regulatory requirements commensurate with
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1 the level of quality control adopted by the shipowner or

2 operator, provided that an equivalent level of safety is

3 maintained.

4 ‘‘(c) The Secretary may require vessel owners and op5 erators to maintain records and submit reports and other

6 information which the Secretary deems necessary to carry

7 out the objectives of this section.’’.

8 (b) The table of sections for chapter 21 of title 46,

9 United States Code, is amended by inserting between the

10 items relating to section 2103 and section 2104 the follow11 ing:

‘‘Sec. 2103a. Safety management and alternative compliance.’’.

12 SEC. 3. USE OF REPORTS, DOCUMENTS, AND CERTIFI13 CATES.

14 (a) Chapter 31 of title 46, United States Code, is

15 amended by adding a new section 3103 to read as follows:

16 ‘‘SEC. 3103. USE OF REPORTS, DOCUMENTS, AND CERTIFI17 CATES.

18 ‘‘In carrying out this part, the Secretary may utilize

19 reports, documents, and certificates issued by persons who

20 the Secretary determines may be relied upon with regard

21 to marine safety, security, and environmental protection.’’.

22 (b) The table of sections for chapter 31 of title 46,

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

24 following:

‘‘Sec. 3103. Use of reports, documents, and certificates.’’.
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1 SEC. 4. EQUIPMENT APPROVAL.

2 Section 3306(b) of title 46, United States Code, is

3 amended to read as follows:

4 ‘‘(b)(1) Equipment subject to regulation under this

5 section may not be used on any vessel without prior ap6 proval as prescribed by regulation.

7 ‘‘(2) Except as otherwise provided in paragraph (3)

8 of this subsection, the Secretary may accept approvals of

9 fire and life safety equipment and materials by foreign

10 governments which the Secretary determines utilize design

11 and testing standards that meet the requirements of the

12 International Convention for the Safety of Life at Sea to

13 which the United States is a party, and its associated

14 International Maritime Organization guidance documents.

15 ‘‘(3) In determining whether to accept approvals is16 sued by foreign governments, the Secretary shall give due

17 regard to whether adherence to standards promulgated by

18 regulation under this subsection is necessary in order to

19 preserve higher levels of safety.’’.

20 SEC. 5. FREQUENCY OF INSPECTION.

21 (a) Section 3307 of title 46, United States Code, is

22 amended as follows:

23 (1) In paragraph (1)—

24 (A) by striking ‘‘and’’ and inserting a

25 comma in its place;
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1 (B) by inserting after ‘‘nautical school ves2 sel’’, ‘‘, and small passenger vessel carrying

3 more than 12 passengers on an international

4 voyage’’; and

5 (C) by adding ‘‘and’’ at the end.

6 (2) By striking paragraph (2).

7 (3) In paragraph (3)—

8 (A) by changing the designation of para9 graph (3) to paragraph (2); and

10 (B) by striking ‘‘2 years’’ and inserting ‘‘5

11 years’’ in its place.

12 (b) Section 3710(b) of title 46, United States Code,

13 is amended by striking ‘‘24 months’’ and substituting ‘‘5

14 years’’.

15 SEC. 6. CERTIFICATE OF INSPECTION.

16 Section 3309(c) of title 46, United States Code, is

17 amended by deleting the words ‘‘(but not more than 60

18 days)’’ after the words ‘‘At least 30 days’’.

19 SEC. 7. CLASSIFICATION SOCIETIES.

20 (a) Section 3316 of title 46, United States Code, is

21 amended as follows:

22 (1) Subsection (a) is amended to read as fol23 lows:

24 ‘‘(a) In carrying out this part, the Secretary may rely

25 on reports, documents, and certificates issued by the
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1 American Bureau of Shipping or other classification soci2 ety recognized by the Secretary as meeting acceptable

3 standards for such a society, or an agent of the Bureau

4 or society.’’.

5 (2) Subsection (c)(1) is amended to read as fol6 lows:

7 ‘‘(c)(1) To the maximum extent practicable, the Sec8 retary may delegate to the Bureau or other classification

9 society recognized by the Secretary as meeting acceptable

10 standards for such a society, or an agent of the Bureau

11 or society, the inspection or examination, in the United

12 States or in a foreign country, of a vessel documented or

13 to be documented as a vessel of the United States. The

14 Bureau, society, or agent may issue the certificate of in15 spection required by this part and other certificates essen16 tial to documentation.’’.

17 (3) Subsection (d) is amended to read as fol18 lows:

19 ‘‘(d) The Secretary also may make an agreement with

20 or use the Bureau or other classification society recognized

21 by the Secretary as meeting acceptable standards for such

22 a society, or an agent of the Bureau or society, for review23 ing and approving plans required for issuing a certificate

24 of inspection.’’.
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1 (b) The item for section 3316 of the table of sections

2 for chapter 33 of title 46, United States Code, is amended

3 to read as follows:

‘‘Sec. 3316. Classification societies.’’.

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