I

103D CONGRESS

2D SESSION H. R. 4058

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

vessels.

IN THE HOUSE OF REPRESENTATIVES

MARCH 16, 1994

Mr. STUDDS introduced the following bill; which was referred to the

Committee on Merchant Marine and Fisheries

A BILL

To amend title 46, United States Code, to improve 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 Safety Act’’.

5 SEC. 2. INSPECTION OF TOWING VESSELS.

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

7 States Code, is amended by adding at the end the follow8 ing:

9 ‘‘(14) towing vessels.’’.
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1 (b) EXCEPTION.—Section 3302 of title 46, United

2 States Code, is amended by adding at the end the follow3 ing:

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

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

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

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

8 a barge that is subject to inspection under section

9 3301 of this title.’’.

10 (c) EQUIPMENT REQUIREMENTS.—Section 3306 of

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

12 end the following:

13 ‘‘(h) In prescribing regulations for towing vessels, the

14 Secretary shall—

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

16 operation, and nature of the service of towing ves17 sels;

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

19 Committee; and

20 ‘‘(3) require, to the extent appropriate, the in21 stallation, maintenance, and use of the following

22 equipment on each towing vessel, other than a tow23 ing vessel that is used only for towing disabled ves24 sels:

25 ‘‘(A) A radar system.
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1 ‘‘(B) An electronic position-fixing device.

2 ‘‘(C) Adequate communications equipment.

3 ‘‘(D) A sonic depth finder.

4 ‘‘(E) A compass or swing meter.

5 ‘‘(F) Adequate towing equipment.

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

7 publications for the areas normally transited by

8 the vessel.

9 ‘‘(H) Other equipment the Secretary deter10 mines will minimize the risk of injury to the

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

12 (d) REGULATIONS.—The Secretary of Transportation

13 shall prescribe regulations implementing this section with14 in 1 year after the date of enactment of this Act.

15 SEC. 3. MANNING OF TOWING VESSELS.

16 (a) LICENSED MASTERS AND MATES.—

17 (1) MINIMUM NUMBER OF LICENSED INDIVID18 UALS.—Section 8301(a) of title 46, United States

19 Code, is amended in the material preceding para20 graph (1) by inserting ‘‘passenger’’ before ‘‘vessel’’

21 the first place that it appears.

22 (2) LICENSE AND CERTIFICATION CLASSIFICA23 TION AND CONDITIONS.—Section 7101 of title 46,

24 United States Code, is amended—
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1 (A) in subsection (b)(2)(A), by striking

2 ‘‘and’’, and by inserting ‘‘, barge tonnage, and

3 barge number or configuration’’ after ‘‘vessels’’;

4 and

5 (B) by adding at the end the following new

6 subsections:

7 ‘‘(j) An individual may be issued a license as a master

8 or mate of towing vessels only if the individual—

9 ‘‘(1) demonstrates proficiency in the use of the

10 equipment listed in section 3306(h)(3) of this title;

11 and

12 ‘‘(2) demonstrates proficiency in operating a

13 towing vessel or has successfully completed a Coast

14 Guard-approved towing vessel simulator course.

15 ‘‘(k) The Secretary may not issue a license under this

16 section to an individual who has failed an examination,

17 or any portion thereof, for that license 3 consecutive

18 times.’’.

19 (3) CONFORMING AMENDMENT.—Section 8904

20 of title 46, United States Code, is amended by strik21 ing subsections (a) and (b) and inserting the follow22 ing:

23 ‘‘A vessel that is used only for towing disabled vessels

24 for consideration shall be operated by an individual li25 censed by the Secretary to operate that type of vessel in
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1 the particular geographic area, under prescribed regula2 tions.’’.

3 (4) REGULATIONS.—In prescribing regulations

4 implementing this subsection, the Secretary of

5 Transportation shall use the requirements for an op6 erator uninspected towing vessel license as the mini7 mum requirements for the towing vessel master li8 cense required by this subsection, and the require9 ments for a second class operator uninspected tow10 ing vessel license as the minimum requirements for

11 the towing vessel mate license required by this sub12 section, as those requirements are set forth in part

13 10.464 of title 46, Code of Federal Regulations.

14 (5) EXISTING LICENSE.—

15 (A) TREATED AS TOWING VESSEL LI16 CENSE.—A license described in subparagraph

17 (B)(i) or (ii) that is valid on the effective date

18 of this section shall be treated as a master or

19 mate license, respectively, required for towing

20 vessels by the amendments made by this sub21 section until such license is required to be re22 newed under section 7106 of title 46, United

23 States Code.
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1 (B) LICENSES DESCRIBED.—The licenses

2 referred to in subparagraph (A) are the follow3 ing:

4 (i) Operator uninspected towing ves5 sel.

6 (ii) Second class operator uninspected

7 towing vessel.

8 (b) MERCHANT MARINERS’ DOCUMENTS RE9 QUIRED.—

10 (1) REQUIREMENT.—Section 8701(a) of title

11 46, United States Code, is amended—

12 (A) by striking ‘‘100’’ and inserting ‘‘5’’;

13 (B) in paragraph (1), by striking ‘‘a vessel

14 operating only on rivers and lakes (except the

15 Great Lakes);’’ and inserting ‘‘a small pas16 senger vessel, or an uninspected passenger ves17 sel;’’;

18 (C) by striking paragraph (2), and redesig19 nating the subsequent paragraphs accordingly;

20 and

21 (D) in paragraph (6) (as so redesignated)

22 by striking ‘‘clause (6)’’ and inserting ‘‘para23 graph (5)’’.

24 (2) EXCEPTIONS.—Section 8701(b) of title 46,

25 United States Code, is amended—
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1 (A) by striking ‘‘A person’’ and inserting

2 ‘‘(1) Except as provided in paragraphs (2) and

3 (3), a person’’; and

4 (B) by adding at the end the following:

5 ‘‘(2) The Secretary shall prescribe regulations

6 which exempt employment categories on vessels from

7 the requirements of paragraph (1). The regulations

8 may exempt an employment category only if the re9 sponsibilities of an individual employed in the cat10 egory do not relate directly to the safe operation of

11 the vessel.

12 ‘‘(3) A person may engage or employ an indi13 vidual who does not have a merchant mariner’s doc14 ument, and such an individual may serve, on a vessel

15 in the 60-day period beginning on the first date the

16 individual is employed by that company in an em17 ployment category for which any merchant mariner’s

18 document is required.’’.

19 (c) CREW REQUIREMENTS.—

20 (1) ABLE SEAMEN REQUIRED.—Section 8702 of

21 title 46, United States Code, is amended—

22 (A) in subsection (a)—

23 (i) in paragraph (1) by inserting ‘‘pas24 senger’’ before ‘‘vessel’’; and
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1 (ii) by striking paragraph (2), and re2 designating paragraphs (3) through (7) in

3 order as paragraphs (2) through (6), re4 spectively; and

5 (B) by striking subsection (c) and redesig6 nating subsections (d) and (e) as subsections

7 (c) and (d), respectively.

8 (2) CLASSIFICATION.—Section 7306(b) of title

9 46, United States Code, is amended by adding at

10 the end the following:

11 ‘‘(7) able seaman—towing vessel.’’.

12 (3) RATING REQUIREMENT.—Chapter 73 of

13 title 46, United States Code, is amended by adding

14 at the end the following:

15 ‘‘§ 7311b. Able seamen—towing vessels

16 ‘‘For service on a towing vessel, an individual may

17 be rated as able seaman—towing vessels if the individual

18 has at least 18 months’ service on deck on board towing

19 vessels operated on the navigable waters of the United

20 States (including the Great Lakes).’’.

21 (4) CLERICAL AMENDMENT.—The analysis at

22 the beginning of chapter 73 of title 46, United

23 States Code, is amended by inserting after the item

24 7311a the following:

‘‘7311b. Able seamen—towing vessel.’’.
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1 (d) EFFECTIVE DATE.—This section, other than sub2 section (e), shall become effective one year after the date

3 of enactment of this Act.

4 (e) REGULATIONS.—The Secretary of Transportation

5 shall issue regulations implementing this section by not

6 later than 1 year after the date of enactment of this Act.

7 SEC. 4. VESSEL CASUALTIES.

8 (a) EXPEDITED REPORTING REQUIRED.—Section

9 6101(b) of title 46, United States Code, is amended by

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

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

12 (b) PENALTY FOR FAILURE TO REPORT A CAS13 UALTY.—Section 6103(a) of title 46, United States Code

14 is amended by striking ‘‘$1,000’’ and inserting

15 ‘‘$25,000’’.

16 (c) PRESUMPTION.—Section 2304 of title 46, United

17 States Code, is amended—

18 (1) in subsection (a) by inserting ‘‘(1)’’ after

19 ‘‘(a)’’;

20 (2) by redesignating subsection (b) as para21 graph (2) of subsection (a); and

22 (3) by adding at the end the following:

23 ‘‘(b) A master or individual in charge of a vessel who

24 unreasonably fails to provide assistance in accordance with

25 subsection (a)(1) to an individual in danger of being lost
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1 as a result of a collision between 2 or more vessels is

2 deemed, for purposes of any action for damages that

3 arises out of the collision, unless proven to the contrary,

4 to have caused the collision by wrongful act, neglect, or

5 default.’’.

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