89–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–1019 

MARITIME SAFETY ACT OF 2018 

NOVEMBER 13, 2018.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. SHUSTER, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 6175] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 6175) to enhance maritime safety, and 

for other purposes, having considered the same, report favorably 

thereon without amendment and recommend that the bill do pass. 

CONTENTS 

Page 

Purpose of Legislation ............................................................................................. 1 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 2 

Legislative History and Consideration .................................................................. 2 

Committee Votes ...................................................................................................... 2 

Committee Oversight Findings ............................................................................... 2 

New Budget Authority and Tax Expenditures ...................................................... 2 

Congressional Budget Office Cost Estimate .......................................................... 3 

Performance Goals and Objectives ......................................................................... 5 

Advisory of Earmarks .............................................................................................. 5 

Duplication of Federal Programs ............................................................................ 5 

Disclosure of Directed Rule Makings ..................................................................... 5 

Federal Mandate Statement ................................................................................... 5 

Preemption Clarification ......................................................................................... 5 

Advisory Committee Statement .............................................................................. 6 

Applicability of Legislative Branch ........................................................................ 6 

Section-by-Section Analysis of Legislation ............................................................ 6 

Changes in Existing Law Made by the Bill, as Reported ..................................... 9 

PURPOSE OF LEGISLATION

H.R. 6175 directs Coast Guard corrective or remedial actions and 

makes changes to the shipping authorities found under title 46 of 

the United States Code to enhance maritime transportation safety, 

2 

strengthen internal Coast Guard marine safety competency, and 

improve oversight of vessel safety inspections. 

BACKGROUND AND NEED FOR LEGISLATION

The loss of the U.S. flagged cargo vessel SS El Faro, along with 

its 33-member crew, ranks as one of the worst maritime disasters 

in U.S. history, and resulted in the highest death toll from a U.S. 

commercial vessel sinking in almost 40 years. Following a marine 

casualty investigation authorized under chapter 63 of title 46 

United States Code, the Commandant of the Coast Guard issued a 

final action memorandum detailing actions to be taken to improve 

maritime transportation safety. H.R. 6175 incorporates several of 

the actions detailed in that final action memorandum which required legislative action to amend or provide new authority. 

HEARINGS

The bill was not subject to a hearing by the Subcommittee on 

Coast Guard and Maritime Transportation, however, on January 

30, 2018, the Subcommittee held a hearing to examine the official 

Coast Guard and National Transportation Safety Board reports 

and the Commandant’s final action memo on the El Faro casualty 

incident. 

LEGISLATIVE HISTORY AND CONSIDERATION

On June 21, 2018, H.R. 6175 was introduced by Congressman 

Duncan Hunter (R–CA). The bill was referred solely to the Committee on Transportation and Infrastructure. 

On June 27, 2018, the Committee on Transportation and Infrastructure met in open session to consider H.R. 6175. No amendments were offered. The Committee ordered the bill reported favorably to the House by voice vote with a quorum present. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires each committee report to include the total number of 

votes cast for and against on each record vote on a motion to report 

and on any amendment offered to the measure or matter, and the 

names of those members voting for and against. There were no recorded votes taken in connection with consideration of H.R. 6175. 

A motion to order H.R. 6175 reported favorably to the House was 

agreed to by voice vote with a quorum present. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

3 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

With respect to the requirement of clause 3(c)(3) of rule XIII of 

the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

enclosed cost estimate for H.R. 6175 from the Director of the Congressional Budget Office: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, September 11, 2018. 

Hon. BILL SHUSTER, Chairman, Committee on Transportation and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 6175, the Maritime Safety Act of 2018. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Megan Carroll. 

Sincerely, 

KEITH HALL, 

Director. 

Enclosure. 

H.R. 6175—Maritime Safety Act of 2018 

Summary: H.R. 6175 would require the Coast Guard (USCG) to 

pursue a variety of activities aimed at improving maritime safety. 

Using information from the agency, CBO estimates that meeting 

the bill’s requirements would cost $5 million over the 2019–2023 

period; any such spending would be subject to the availability of 

appropriated funds. 

Enacting the bill would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting H.R. 6175 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2029. 

H.R. 6175 contains no intergovernmental mandates as defined in 

the Unfunded Mandates Reform Act (UMRA). 

H.R. 6175 would impose private-sector mandates on shipping 

companies that operate freight vessels regulated by the USCG. 

CBO estimates that the incremental costs of the requirements in 

H.R. 6175 would be small and would fall below the annual threshold for private-sector mandates established in UMRA ($160 million 

in 2018, adjusted annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary effect of H.R. 6175 is shown in the following table. The costs 

of the legislation fall within budget function 400 (transportation). 

4 

By fiscal year, in millions of dollars— 

2018 2019 2020 2021 2022 2023 2019– 

2023 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ................................................... 0 1 1 1 1 1 5 

Estimated Outlays ..................................................................... 0 1 1 1 1 1 5 

Basis of estimate: For this estimate, CBO assumes that H.R. 

6175 will be enacted near the start of fiscal year 2019, and that 

the necessary funds will be available each year. 

H.R. 6175 would specify a variety of new regulatory and administrative requirements for the USCG regarding maritime safety. 

Using information from the USCG, CBO estimates that implementing most provisions of the bill would not significantly affect 

the agency’s costs because they are largely consistent with activities the agency intends to pursue under current law. However, 

CBO expects that carrying out a proposed program to increase 

training of USCG personnel involved in safety-related inspections 

and audits would require additional funding. Based on historical 

costs of similar training efforts, CBO estimates that implementing 

that training program would cost about $1 million annually. 

The bill also would direct the Government Accountability Office 

to conduct an audit of the implementation and effectiveness of safety management plans that the USCG requires of the entities it regulates. CBO estimates that the cost to complete the audit would 

total less than $500,000. 

Pay-As-You-Go considerations: None. 

Increase in long-term direct spending and deficits: CBO estimates that enacting H.R. 6175 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2029. 

Mandates: H.R. 6175 contains no intergovernmental mandates as 

defined in UMRA. 

H.R. 6175 would impose private-sector mandates on shipping 

companies that operate freight vessels regulated by the USCG. 

Specifically, the bill would require those companies to ensure that 

each vessel they operate is outfitted with equipment to signal distress for every crew member onboard. The bill also would require 

those companies to track incremental weight changes to vessels 

over time and to maintain records of those changes for the life of 

each vessel. Finally, for vessels built prior to 1992, the bill would 

require shipping companies to include comprehensive information 

about damage control in the safety management plans that are required by USCG regulations. Using information from the USCG 

and the shipping industry, CBO estimates that fewer than 200 

freight vessels in the United States would be affected by the requirements. Furthermore, because most shipping companies are already complying to some degree with similar requirements under 

current regulations, CBO estimates that the incremental costs of 

the requirements in H.R. 6175 would be small and would fall below 

the annual threshold for private-sector mandates established in 

UMRA ($160 million in 2018, adjusted annually for inflation). 

Estimate prepared by: Federal Costs: Megan Carroll; Mandates: 

Jon Sperl. 

5 

Estimate reviewed by: Kim P. Cawley, Chief, Natural and Physical Resources Cost Estimates Unit; Susan Willie, Chief, Mandates 

Unit; H. Samuel Papenfuss, Deputy Assistant Director for Budget 

Analysis. 

PERFORMANCE GOALS AND OBJECTIVES

With respect to the requirement of clause 3(c)(4) of rule XIII of 

the Rules of the House of Representatives, the performance goal 

and objective of this legislation is to enhance maritime transportation safety, and includes reforms to Coast Guard authorities, 

training and safety standards and regulations governing U.S. flag 

maritime carriers and operators. 

ADVISORY OF EARMARKS

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, the Committee is required to include a list of congressional earmarks, limited tax benefits, or limited tariff benefits 

as defined in clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 

the House of Representatives. No provision in the bill includes an 

earmark, limited tax benefit, or limited tariff benefit under clause 

9(e), 9(f), or 9(g) of rule XXI. 

DUPLICATION OF FEDERAL PROGRAMS

Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that no provision of H.R. 

6175 establishes or reauthorizes a program of the federal government known to be duplicative of another federal program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public 

Law 111–139, or a program related to a program identified in the 

most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017), the 

Committee finds that enacting H.R. 6175 does not direct the completion of a specific rule making within the meaning of section 551 

of title 5, United States Code. 

FEDERAL MANDATE STATEMENT

The Committee adopts as its own the estimate of federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(Public Law 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 6175 does not preempt any state, local, or tribal law. 

6 

ADVISORY COMMITTEE STATEMENT

No new advisory committees within the meaning of section 5(b) 

of the Federal Advisory Committee Act are created by this legislation. 

APPLICABILITY OF LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Sec. 1. Short title 

This section designates the short title as the ‘‘Maritime Safety 

Act of 2018’’. 

Sec. 2. Table of contents 

This section provides a table of contents for the bill. 

Sec. 3. Definitions 

This section defines ‘‘Commandant’’ as the Commandant of the 

Coast Guard, ‘‘recognized organization’’ as defined in title 46 of the 

Code of Federal Regulations, and ‘‘Secretary’’ as the Secretary of 

the department in which the Coast Guard is operating. 

Sec. 4. Domestic vessel compliance 

This section requires the Commandant to annually publish information regarding domestic vessel compliance with safety standards 

and regulations on a publicly-accessible website. 

Sec. 5. Safety management system 

This section directs the Comptroller General to conduct an audit 

of the implementation and effectiveness of safety management 

plans developed by U.S. flag vessel carriers required under chapter 

32 of title 46, United States Code, and to submit a report detailing 

the results of the audit to the Committees of jurisdiction in the 

House of Representatives and the Senate. 

Sec. 6. Equipment requirements 

This section amends section 3306 of title 46, United States Code, 

to add new subsections (l) and (m). 

The new subsection (l) requires that inspected freight vessels be 

outfitted with distress signaling and locating technologies for the 

higher of the minimum complement of officers and crew specified 

on the certificate of inspection, or, the number of persons onboard. 

The new subsection (m) directs the Secretary, through regulations, to require companies of inspected freight vessels to maintain 

records, both onboard the vessel and shore side, of all weight 

changes made to such vessels and to track weight changes over 

time to ensure the maintenance of stability during operation of the 

vessel. This section also directs the Commandant to seek to enter 

into negotiation through the International Maritime Organization 

to require high water alarm sensors in vessel cargo holds that conVerDate Sep 11 2014 04:25 Nov 17, 2018 Jkt 089006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR1019.XXX HR1019
7 

nect with audible and visual alarms on the navigation bridge of 

freight vessels. 

Sec. 7. Voyage data recorder; access 

This section amends chapter 63 of title 46, United States Code, 

to require that the Coast Guard have full and timely access to voyage data recorder data and audio recordings held by any Federal 

agency in all marine casualty investigations. 

Sec. 8. Voyage data recorder; requirements 

This section requires the Commandant seek to enter into negotiation through the International Maritime Organization to require 

that all voyage data recorders be installed on vessels in a float-free 

arrangement and contain an integrated emergency position-indicating radio beacon. The Commandant is required to submit a 

progress update no later than three years after enactment of this 

Act. 

This section also requires the Commandant to submit a cost-benefit analysis on the possibility of capturing communications on the 

internal telephone systems installed onboard commercial vessels to 

the Committees of jurisdiction in the House of Representatives and 

the Senate. 

Sec. 9. Survival and locating equipment 

This section requires the Commandant to procure equipment 

that will allow for search and rescue units to attach a radio, strobe, 

or beacon to an object that is not immediately retrievable to increase the likelihood of relocating and retrieving the object when 

it is safe to do so. 

Sec. 10. Training of Coast Guard personnel 

This section requires the Commandant to establish certain training programs for Coast Guard personnel, including: an Officer in 

Charge, Marine Inspections segment in the sector commander indoctrination course; steam plant inspection training for Coast 

Guard marine inspector and, subject to availability, recognized organizations; and, advanced journeyman inspector training to provide instruction on the oversight of recognized organizations. 

This section also requires the Commandant to submit a report 

detailing other options to maintain marine safety knowledge within 

the Coast Guard to the Committees of jurisdiction in the House of 

Representatives and the Senate. 

In addition, this section requires the Commandant to update 

Coast Guard policy to utilize risk analysis to target the attendance 

of Coast Guard personnel during safety management certificate 

and document of compliance audits, as well as to perform a quality 

assurance audit of recognized organization representation and performance regarding their third party inspections of U.S. flagged 

vessels under the Coast Guard’s Alternate Compliance Program. 

Sec. 11. Major marine casualty 

This section amends section 6101(i)(3) of title 46, United States 

Code, to increase the dollar amount to $2 million for property damage to qualify a casualty involving a vessel as a ‘‘major marine casualty’’ and thereby trigger a formal investigation. 

8 

Sec. 12. Reviews, briefings, and reports 

This section requires the Commandant to review policies and 

procedures for documenting major conversion determinations and 

to provide a briefing to the Committees of jurisdiction in the House 

of Representatives and the Senate. 

This section also requires the Commandant to review policy regarding vessel ventilators, openings, and stability standards and 

provide a briefing to the Committees of jurisdiction in the House 

of Representatives and the Senate. 

In addition, this section requires the Commandant to provide a 

briefing on the reliability of self-locating datum marker buoys and 

other similar technology to the Committees of jurisdiction in the 

House of Representatives and the Senate. 

This section also directs the Commandant complete an assessment of the effectiveness of the Coast Guard’s oversight of recognized organizations and its impact on compliance by and safety of 

vessels inspected by such organizations, and to submit the results 

of the assessment to the Committees of jurisdiction in the House 

of Representative and Senate. 

Sec. 13. Flag State guidance and supplements 

This section requires the Secretary to issue flag state guidance 

for freight vessels built prior to January 1, 1992, to include comprehensive damage control information in their safety management 

plans. 

This section also requires the Commandant to work with recognized organizations to create a single U.S. supplement to class 

rules and to provide a briefing on the costs and benefits of revising 

the Code of Federal Regulations to authorize only one such supplement to the Committees of jurisdiction in the House of Representatives and Senate. 

Sec. 14. Marine safety strategy 

This section amends section 2116 of title 46, United States Code, 

to change the frequency of the submission of the long-term strategy 

for improving vessel safety and safety of individuals on vessels 

from annually to triennially. 

Sec. 15. Recognized organizations; oversight 

This section amends section 3316 of title 46, United States Code, 

to establish an office within the Coast Guard to conduct comprehensive and targeted oversight of all recognized organizations 

that act on behalf of the Coast Guard. 

Sec. 16. Timely weather forecasts 

This section requires the Commandant to seek to enter into negotiations through the International Maritime Organization to amend 

the International Convention for the Safety of Life at Sea to ensure 

that parties to the Convention receive timely synoptic and graphical chart weather forecasts to alert vessels at sea. 

Sec. 17. Marine safety implementation status 

This section requires the Commandant to provide updates on the 

status of implementation of actions outlined in the Commandant’s 

final action memo regarding the investigation of the sinking of the 

9 

vessel SS El Faro to the Committees of jurisdiction of the House 

of Representatives and the Senate annually for three years. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, 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 matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

TITLE 46, UNITED STATES CODE 

* * * * * * * 

SUBTITLE II—VESSELS AND SEAMEN 

* * * * * * * 

PART A—GENERAL PROVISIONS 

* * * * * * * 

CHAPTER 21—GENERAL 

* * * * * * * 

§ 2116. Marine safety strategy, goals, and performance assessments 

(a) LONG-TERM STRATEGY AND GOALS.—In conjunction with existing federally required strategic planning efforts, the Secretary shall 

develop a long-term strategy for improving vessel safety and the 

safety of individuals on vessels. The strategy shall include the 

issuance øeach year of an annual¿ of a triennial plan and schedule 

for achieving the following goals: 

(1) Reducing the number and rates of marine casualties. 

(2) Improving the consistency and effectiveness of vessel and 

operator enforcement and compliance programs. 

(3) Identifying and targeting enforcement efforts at high-risk 

vessels and operators. 

(4) Improving research efforts to enhance and promote vessel 

and operator safety and performance. 

(b) CONTENTS OF STRATEGY AND øANNUAL¿ TRIENNIAL PLANS.— 

(1) MEASURABLE GOALS.—The strategy and øannual¿ triennial plans shall include specific numeric or measurable goals 

designed to achieve the goals set forth in subsection (a). The 

purposes of the numeric or measurable goals are the following: 

(A) To increase the number of safety examinations on all 

high-risk vessels. 

(B) To eliminate the backlog of marine safety-related 

rulemakings. 

(C) To improve the quality and effectiveness of marine 

safety information databases by ensuring that all Coast 

10 

Guard personnel accurately and effectively report all safety, casualty, and injury information. 

(D) To provide for a sufficient number of Coast Guard 

marine safety personnel, and provide adequate facilities 

and equipment to carry out the functions referred to in 

section 93(c) of title 14. 

(2) RESOURCE NEEDS.—The strategy and øannual¿ triennial 

plans shall include estimates of— 

(A) the funds and staff resources needed to accomplish 

each activity included in the strategy and plans; and 

(B) the staff skills and training needed for timely and effective accomplishment of each goal. 

(c) SUBMISSION WITH THE PRESIDENT’S BUDGET.—Beginning with 

øfiscal year 2011 and each fiscal year¿ fiscal year 2020 and triennially thereafter, the Secretary shall submit to Congress the 

strategy and øannual plan¿ triennial plan not later than 60 days 

following the transmission of the President’s budget submission 

under section 1105 of title 31. 

(d) ACHIEVEMENT OF GOALS.— 

(1) PROGRESS ASSESSMENT.—No less frequently than semiannually, the Coast Guard Commandant shall assess the 

progress of the Coast Guard toward achieving the goals set 

forth in subsection (b). The Commandant shall convey the 

Commandant’s assessment to the employees of the marine 

safety workforce and shall identify any deficiencies that should 

be remedied before the next progress assessment. 

(2) REPORT TO CONGRESS.—The Secretary shall report øannually¿ triennially to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate— 

(A) on the performance of the marine safety program in 

achieving the goals of the marine safety strategy and annual plan under subsection (a) for the year covered by the 

report; 

(B) on the program’s mission performance in achieving 

numerical measurable goals established under subsection 

(b), including— 

(i) the number of civilian and military Coast Guard 

personnel assigned to marine safety positions; and 

(ii) an identification of marine safety positions that 

are understaffed to meet the workload required to accomplish each activity included in the strategy and 

plans under subsection (a); and 

(C) recommendations on how to improve performance of 

the program. 

* * * * * * * 

PART B—INSPECTION AND REGULATION OF 

VESSELS 

* * * * * * * 

11 

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 certificated 

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 SecVerDate Sep 11 2014 04:25 Nov 17, 2018 Jkt 089006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6601 E:\HR\OC\HR1019.XXX HR1019
12 

retary 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) Each vessel of the United States that is constructed under 

a contract entered into after the date of enactment of the Maritime 

Safety Act of 2010, or that is delivered after January 1, 2011, 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) The Secretary may prescribe regulations to apply the requirements described in Regulation 12A to vessels described in 

paragraph (1) that are not otherwise subject to that convention. 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. 

(l)(1) The Secretary shall require that a freight vessel inspected 

under this chapter be outfitted with distress signaling and location 

technology for the higher of— 

13 

(A) the minimum complement of officers and crew specified 

on the certificate of inspection for such vessel; or 

(B) the number of persons onboard the vessel; and 

(2) the requirement described in paragraph (1) shall not apply to 

vessels operating within the baseline from which the territorial sea 

of the United States is measured. 

(m)(1) The Secretary shall promulgate regulations requiring companies to maintain records of all incremental weight changes made 

to freight vessels inspected under this chapter, and to track weight 

changes over time to facilitate rapid determination of the aggregate 

total. 

(2) Records maintained under paragraph (1) shall be stored, in 

paper or electronic form, onboard such vessels for not less than 3 

years and shoreside for the life of the vessel. 

* * * * * * * 

§ 3316. Classification societies 

(a) Each department, agency, and instrumentality of the United 

States Government shall recognize the American Bureau of Shipping as its agent in classifying vessels owned by the Government 

and in matters related to classification, as long as the Bureau is 

maintained as an organization having no capital stock and paying 

no dividends. The Secretary and the Secretary of Transportation 

each shall appoint one representative (except when the Secretary 

is the Secretary of Transportation, in which case the Secretary 

shall appoint both representatives) who shall represent the Government on the executive committee of the Bureau. The Bureau shall 

agree that the representatives shall be accepted by it as active 

members of the committee. The representatives shall serve without 

compensation, except for necessary traveling expenses. 

(b)(1) The Secretary may delegate to the American Bureau of 

Shipping or another classification society recognized by the Secretary as meeting acceptable standards for such a society, for a vessel documented or to be documented under chapter 121 of this title, 

the authority to— 

(A) review and approve plans required for issuing a certificate of inspection required by this part; 

(B) conduct inspections and examinations; and 

(C) issue a certificate of inspection required by this part 

and other related documents. 

(2) The Secretary may make a delegation under paragraph 

(1) to a foreign classification society only— 

(A) to the extent that the government of the foreign 

country in which the society is headquartered delegates 

authority and provides access to the American Bureau of 

Shipping to inspect, certify, and provide related services to 

vessels documented in that country; 

(B) if the foreign classification society has offices and 

maintains records in the United States; and 

(C) if the Secretary of State determines that the foreign 

classification society does not provide comparable services 

in or for a state sponsor of terrorism. 

(3) When an inspection or examination has been delegated 

under this subsection, the Secretary’s delegate— 

14 

(A) shall maintain in the United States complete files of 

all information derived from or necessarily connected with 

the inspection or examination for at least 2 years after the 

vessel ceases to be certified; and 

(B) shall permit access to those files at all reasonable 

times to any officer, employee, or member of the Coast 

Guard designated— 

(i) as a marine inspector and serving in a position 

as a marine inspector; or 

(ii) in writing by the Secretary to have access to 

those files. 

(c)(1) A classification society (including an employee or agent of 

that society) may not review, examine, survey, or certify the construction, repair, or alteration of a vessel in the United States unless the society has applied for approval under this subsection and 

the Secretary has reviewed and approved that society with respect 

to the conduct of that society under paragraph (2). 

(2) The Secretary may approve a person for purposes of paragraph (1) only if the Secretary determines that— 

(A) the vessels surveyed by the person while acting as 

a classification society have an adequate safety record; and 

(B) the person has an adequate program to— 

(i) develop and implement safety standards for vessels surveyed by the person; 

(ii) make the safety records of the person available 

to the Secretary in an electronic format; 

(iii) provide the safety records of a vessel surveyed 

by the person to any other classification society that 

requests those records for the purpose of conducting a 

survey of the vessel; and 

(iv) request the safety records of a vessel the person 

will survey from any classification society that previously surveyed the vessel. 

(d)(1) The Secretary may delegate to the American Bureau of 

Shipping or another classification society recognized by the Secretary as meeting acceptable standards for such a society, for a 

United States offshore facility, the authority to— 

(A) review and approve plans required for issuing a certificate of inspection, a certificate of compliance, or any 

other certification and related documents issued by the 

Coast Guard pursuant to regulations issued under section 

30 of the Outer Continental Shelf Lands Act (43 U.S.C. 

1356); and 

(B) conduct inspections and examinations. 

(2) The Secretary may make a delegation under paragraph 

(1) to a foreign classification society only if— 

(A) the foreign society has offices and maintains records 

in the United States; 

(B)(i) the government of the foreign country in which the 

foreign society is headquartered delegates that authority 

to the American Bureau of Shipping; or 

(ii) the Secretary has entered into an agreement 

with the government of the foreign country in which 

the foreign society is headquartered that— 

15 

(I) ensures the government of the foreign country will accept plan review, inspections, or examinations conducted by the American Bureau of 

Shipping and provide equivalent access to inspect, 

certify, and provide related services to offshore facilities located in that country or operating under 

the authority of that country; and 

(II) is in full accord with principles of reciprocity 

in regards to any delegation contemplated by the 

Secretary under paragraph (1); and 

(C) the Secretary of State determines that the foreign 

classification society does not provide comparable services 

in or for a state sponsor of terrorism. 

(3) If an inspection or examination is conducted under authority delegated under this subsection, the person to which 

the authority was delegated— 

(A) shall maintain in the United States complete files of 

all information derived from or necessarily connected with 

the inspection or examination for at least 2 years after the 

United States offshore facility ceases to be certified; and 

(B) shall permit access to those files at all reasonable 

times to any officer, employee, or member of the Coast 

Guard designated— 

(i) as a marine inspector and serving in a position 

as a marine inspector; or 

(ii) in writing by the Secretary to have access to 

those files. 

(4) For purposes of this subsection— 

(A) the term ‘‘offshore facility’’ means any installation, 

structure, or other device (including any vessel not documented under chapter 121 of this title or the laws of another country), fixed or floating, that dynamically holds position or is temporarily or permanently attached to the 

seabed or subsoil under the sea; and 

(B) the term ‘‘United States offshore facility’’ means any 

offshore facility, fixed or floating, that dynamically holds 

position or is temporarily or permanently attached to the 

seabed or subsoil under the territorial sea of the United 

States or the outer Continental Shelf (as that term is defined in section 2 of the Outer Continental Shelf Lands Act 

(43 U.S.C. 1331)), including any vessel, rig, platform, or 

other vehicle or structure subject to regulation under section 30 of the Outer Continental Shelf Lands Act (43 

U.S.C. 1356). 

(e) The Secretary shall revoke a delegation made to a classification society under subsection (b) or (d) if the Secretary of State determines that the classification society provides comparable services in or for a state sponsor of terrorism. 

(f)(1) Upon request of an owner or operator of an offshore supply 

vessel, the Secretary shall delegate the authorities set forth in 

paragraph (1) of subsection (b) with respect to such vessel to a classification society to which a delegation is authorized under that 

paragraph. A delegation by the Secretary under this subsection 

shall be used for any vessel inspection and examination function 

16 

carried out by the Secretary, including the issuance of certificates 

of inspection and all other related documents. 

(2) If the Secretary determines that a certificate of inspection 

or related document issued under authority delegated under 

paragraph (1) of this subsection with respect to a vessel has reduced the operational safety of that vessel, the Secretary may 

terminate the certificate or document, respectively. 

(3) Not later than 2 years after the date of the enactment of 

the Howard Coble Coast Guard and Maritime Transportation 

Act of 2014, and for each year of the subsequent 2-year period, 

the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of 

the Senate a report describing— 

(A) the number of vessels for which a delegation was 

made under paragraph (1); 

(B) any savings in personnel and operational costs incurred by the Coast Guard that resulted from the delegations; and 

(C) based on measurable marine casualty and other 

data, any impacts of the delegations on the operational 

safety of vessels for which the delegations were made, and 

on the crew on those vessels. 

(g)(1) There shall be within the Coast Guard an office that conducts comprehensive and targeted oversight of all recognized organizations that act on behalf of the Coast Guard. 

(2) The staff of the office shall include subject matter experts, including inspectors, investigators, and auditors, who possess the capability and authority to audit all aspects of such recognized organizations. 

(3) In this subsection the term ‘‘recognized organization’’ has the 

meaning given that term in section 2.45–1 of title 46, Code of Federal Regulations, as in effect on the date of the enactment of the 

Maritime Safety Act of 2018. 

ø(g)¿ (h) In this section, the term ‘‘state sponsor of terrorism’’ 

means any country the government of which the Secretary of State 

has determined has repeatedly provided support for acts of international terrorism pursuant to section 6(j) of the Export Administration Act of 1979 (as continued in effect under the International 

Emergency Economic Powers Act), section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or 

any other provision of law. 

* * * * * * * 

PART D—MARINE CASUALTIES 

* * * * * * * 

CHAPTER 61—REPORTING MARINE CASUALTIES 

* * * * * * * 

17 

§ 6101. Marine casualties and reporting 

(a) The Secretary shall prescribe regulations on the marine casualties to be reported and the manner of reporting. The regulations 

shall require reporting the following marine casualties: 

(1) death of an individual. 

(2) serious injury to an individual. 

(3) material loss of property. 

(4) material damage affecting the seaworthiness or efficiency 

of the vessel. 

(5) significant harm to the environment. 

(b) A marine casualty shall be reported within 5 days as provided 

in this part and regulations prescribed under this part. Each report 

filed under this section shall include information as to whether the 

use of alcohol contributed to the casualty. 

(c) NOTICE TO STATE AND TRIBAL GOVERNMENTS.—Not later than 

24 hours after receiving a notice of a major marine casualty under 

this section, the Secretary shall notify each State or federally recognized Indian tribe that is, or may reasonably be expected to be, 

affected by such marine casualty. 

(d)(1) This part applies to a foreign vessel when involved in a 

marine casualty on the navigable waters of the United States. 

(2) This part applies, to the extent consistent with generally 

recognized principles of international law, to a foreign vessel 

constructed or adapted to carry, or that carries, oil in bulk as 

cargo or cargo residue involved in a marine casualty described 

under subsection (a)(4) or (5) in waters subject to the jurisdiction of the United States, including the Exclusive Economic 

Zone. 

(e) A marine casualty not resulting in the death of an individual 

shall be classified according to the gravity of the casualty, as prescribed by regulation, giving consideration to the extent of injuries 

to individuals, the extent of property damage, the dangers that the 

casualty creates, and the size, occupation, and means of propulsion 

of each vessel involved. 

(f)(1) This chapter applies to a marine casualty involving a 

United States citizen on a foreign passenger vessel operating south 

of 75 degrees north latitude, west of 35 degrees west longitude, and 

east of the International Date Line; or operating in the area south 

of 60 degrees south latitude that— 

(A) embarks or disembarks passengers in the United 

States; or 

(B) transports passengers traveling under any form of 

air and sea ticket package marketed in the United States. 

(2) When there is a marine casualty described in paragraph 

(1) of this subsection and an investigation is conducted, the 

Secretary shall ensure that the investigation— 

(A) is thorough and timely; and 

(B) produces findings and recommendations to improve 

safety on passenger vessels. 

(3) When there is a marine casualty described in paragraph 

(1) of this subsection, the Secretary may— 

(A) seek a multinational investigation of the casualty 

under auspices of the International Maritime Organization; or 

18 

(B) conduct an investigation of the casualty under chapter 63 of this title. 

(g) To the extent consistent with generally recognized practices 

and procedures of international law, this part applies to a foreign 

vessel involved in a marine casualty or incident, as defined in the 

International Maritime Organization Code for the Investigation of 

Marine Casualties and Incidents, where the United States is a 

Substantially Interested State and is, or has the consent of, the 

Lead Investigating State under the Code. 

(h) The Secretary shall publish all major marine casualty reports 

prepared in accordance with this section in an electronic form, and 

shall provide information electronically regarding how other marine casualty reports can be obtained. 

(i) For purposes of this section, the term ‘‘major marine casualty’’ 

means a casualty involving a vessel, other than a public vessel, 

that results in— 

(1) the loss of 6 or more lives; 

(2) the loss of a mechanically propelled vessel of 100 or more 

gross tons; 

(3) property damage initially estimated at ø$500,000¿ 

$2,000,000 or more; or 

(4) serious threat, as determined by the Commandant of the 

Coast Guard with concurrence by the Chairman of the National Transportation Safety Board, to life, property, or the environment by hazardous materials. 

(j) The Secretary shall, as soon as possible, and no later than 

January 1, 2005, publish all marine casualty reports prepared in 

accordance with this section in an electronic form. 

* * * * * * * 

CHAPTER 63—INVESTIGATING MARINE CASUALTIES 

Sec. 

6301. Investigation of marine casualties. 

* * * * * * * 

6309. Voyage data recorder access. 

* * * * * * * 

§ 6309. Voyage data recorder access 

Notwithstanding any other provision of law, the Coast Guard 

shall have full and timely access to and ability to use voyage data 

recorder data and audio held by any Federal agency in all marine 

casualty investigations, regardless of which agency is the investigative lead. 

* * * * * * * 

Æ