Union Calendar No. 51

103D CONGRESS

1ST SESSION H. R. 1159

[Report No. 103–99]

A BILL

To revise, clarify, and improve certain marine

purposes.safety laws of the United States, and for other

MAY 19, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
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Union Calendar No. 51

103D CONGRESS

1ST SESSION H. R. 1159

[Report No. 103–99]

To revise, clarify, and improve certain marine safety laws of the United

States, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 1, 1993

Mr. TAUZIN (for himself, Mr. STUDDS, Mr. FIELDS of Louisiana, and Mr.

COBLE) introduced the following bill; which was referred to the Committee on Merchant Marine and Fisheries

MAY 19, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 1, 1993]

A BILL

To revise, clarify, and improve certain marine safety laws

of the United States, 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Passenger Vessel Safety

3 Act of 1993’’.

4 SEC. 2. PASSENGER.

5 Section 2101(21) of title 46, United States Code, is

6 amended to read as follows:

7 ‘‘(21) ‘passenger’—

8 ‘‘(A) means an individual carried on the

9 vessel except—

10 ‘‘(i) the owner or an individual rep11 resentative of the owner or, in the case of a

12 vessel under charter, an individual

13 charterer or individual representative of the

14 charterer;

15 ‘‘(ii) the master; or

16 ‘‘(iii) a member of the crew engaged in

17 the business of the vessel who has not con18 tributed consideration for carriage and who

19 is paid for on board services.

20 ‘‘(B) on an offshore supply vessel, means an

21 individual carried on the vessel except—

22 ‘‘(i) an individual included in clause

23 (i), (ii), or (iii) of subparagraph (A) of this

24 paragraph;
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1 ‘‘(ii) an employee of the owner, or of a

2 subcontractor to the owner, engaged in the

3 business of the owner;

4 ‘‘(iii) an employee of the charterer, or

5 of a subcontractor to the charterer, engaged

6 in the business of the charterer; or

7 ‘‘(iv) an individual employed in a

8 phase of exploration, exploitation, or pro9 duction of offshore mineral or energy re10 sources served by the vessel.

11 ‘‘(C) on a fishing vessel, fish processing ves12 sel, or fish tender vessel, means an individual

13 carried on the vessel except—

14 ‘‘(i) an individual included in clause

15 (i), (ii), or (iii) of subparagraph (A) of this

16 paragraph;

17 ‘‘(ii) a managing operator;

18 ‘‘(iii) an employee of the owner, or of

19 a subcontractor to the owner, engaged in the

20 business of the owner; or

21 ‘‘(iv) an employee of the charterer, or

22 of a subcontractor to the charterer, engaged

23 in the business of the charterer.

24 ‘‘(D) on a sailing school vessel, means an

25 individual carried on the vessel except—
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1 ‘‘(i) an individual included in clause

2 (i), (ii), or (iii) of subparagraph (A) of this

3 paragraph;

4 ‘‘(ii) an employee of the owner of the

5 vessel engaged in the business of the owner,

6 except when the vessel is operating under a

7 demise charter;

8 ‘‘(iii) an employee of the demise

9 charterer of the vessel engaged in the busi10 ness of the demise charterer; or

11 ‘‘(iv) a sailing school instructor or

12 sailing school student.’’.

13 SEC. 3. PASSENGER VESSEL.

14 Section 2101(22) of title 46, United States Code, is

15 amended to read as follows:

16 ‘‘(22) ‘passenger vessel’ means a vessel of at least

17 100 gross tons—

18 ‘‘(A) carrying more than 12 passengers, in19 cluding at least one passenger for hire;

20 ‘‘(B) that is chartered and carrying more

21 than 12 passengers; or

22 ‘‘(C) that is a submersible vessel carrying at

23 least one passenger for hire.’’.
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1 SEC. 4. SMALL PASSENGER VESSEL.

2 Section 2101(35) of title 46, United States Code, is

3 amended to read as follows:

4 ‘‘(35) ‘small passenger vessel’ means a vessel of

5 less than 100 gross tons—

6 ‘‘(A) carrying more than 6 passengers, in7 cluding at least one passenger for hire;

8 ‘‘(B) that is chartered with the crew pro9 vided or specified by the owner or the owner’s

10 representative and carrying more than 6 pas11 sengers;

12 ‘‘(C) that is chartered with no crew pro13 vided or specified by the owner or the owner’s

14 representative and carrying more than 12 pas15 sengers; or

16 ‘‘(D) that is a submersible vessel carrying

17 at least one passenger for hire.’’.

18 SEC. 5. UNINSPECTED PASSENGER VESSEL.

19 Section 2101(42) of title 46, United States Code, is

20 amended to read as follows:

21 ‘‘(42) ‘uninspected passenger vessel’ means an

22 uninspected vessel—

23 ‘‘(A) of at least 100 gross tons—

24 ‘‘(i) carrying not more than 12 pas25 sengers, including at least one passenger for

26 hire; or
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1 ‘‘(ii) that is chartered with the crew

2 provided or specified by the owner or the

3 owner’s representative and carrying not

4 more than 12 passengers; and

5 ‘‘(B) of less than 100 gross tons—

6 ‘‘(i) carrying not more than 6 pas7 sengers, including at least one passenger for

8 hire; or

9 ‘‘(ii) that is chartered with the crew

10 provided or specified by the owner or the

11 owner’s representative and carrying not

12 more than 6 passengers.’’.

13 SEC. 6. PASSENGER FOR HIRE.

14 Section 2101 of title 46, United States Code, is amend15 ed by inserting between paragraphs (21) and (22) a new

16 paragraph (21a) to read as follows:

17 ‘‘(21a) ‘passenger for hire’ means a passenger for

18 whom consideration is contribution as a condition of

19 carriage on the vessel, whether directly or indirectly

20 flowing to the owner, charterer, operator, agent, or

21 any other person having an interest in the vessel.’’.

22 SEC. 7. CONSIDERATION.

23 Section 2101 of title 46, United States Code, is

24 amended by inserting between paragraphs (5) and (6) a

25 new paragraph (5a) to read as follows:
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1 ‘‘(5a) ‘consideration’ means an economic benefit,

2 inducement, right, or profit including pecuniary pay3 ment accruing to an individual, person, or entity, but

4 not including a voluntary sharing of the actual ex5 penses of the voyage, by monetary contribution or do6 nation of fuel, food, beverage, or other supplies.’’.

7 SEC. 8. OFFSHORE SUPPLY VESSEL.

8 Section 2101(19) of title 46, United States Code, is

9 amended by inserting ‘‘individuals in addition to the

10 crew,’’ immediately after ‘‘supplies,’’ and by striking every11 thing after ‘‘resources’’ to the period at the end.

12 SEC. 9. SAILING SCHOOL VESSEL.

13 Section 2101(30) of title 46, United States Code, is

14 amended in subparagraph (B) by striking ‘‘at least 6’’ and

15 substituting ‘‘more than 6’’.

16 SEC. 10. SUBMERSIBLE VESSEL.

17 Section 2101 of title 46, United States Code, is

18 amended by inserting between paragraphs (37) and (38)

19 a new paragraph (37a) to read as follows:

20 ‘‘(37a) ‘submersible vessel’ means a vessel that is

21 capable of operating below the surface of the water.’’.

22 SEC. 11. GENERAL PROVISION.

23 (a) Section 2113 of title 46, United States Code, is

24 amended to read as follows:
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1 ‘‘§ 2113. Authority to exempt certain vessels

2 ‘‘If the Secretary decides that the application of a pro3 vision of part B, C, F, or G of this subtitle is not necessary

4 in performing the mission of the vessel engaged in excur5 sions or an oceanographic research vessel, or not necessary

6 for the safe operation of certain passenger vessels, the Sec7 retary by regulation may—

8 ‘‘(1) for an excursion vessel, issue a special per9 mit specifying the conditions of operation and equip10 ment;

11 ‘‘(2) exempt an oceanographic research vessel

12 from that provision under conditions the Secretary

13 may specify; and

14 ‘‘(3) establish different operating and equipment

15 requirements for vessels defined in section

16 2101(42)(A) of this title.’’.

17 (b) Section 4105 of title 46, United States Code, is

18 amended—

19 (1) by inserting ‘‘(a)’’ before the text; and

20 (2) by adding a new subsection (b) to read as

21 follows:

22 ‘‘(b) Within twenty-four months of the date of enact23 ment of this subsection, the Secretary shall, by regulation,

24 require certain additional equipment including liferafts or

25 other lifesaving equipment, construction standards, or

26 specify additional operating standards for those
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1 uninspected passenger vessels defined in section

2 2101(42)(A) of this title.’’.

3 SEC. 12. EFFECTIVE DATE.

4 (a) Regulations governing small passenger vessels and

5 passenger vessels, as those terms are defined in 46 U.S.C.

6 2101, which are chartered with no crew provided shall not

7 apply before May 1, 1994.

8 (b) The Secretary of the Department in which the

9 Coast Guard is operating may extend the time period for

10 compliance with the regulations referenced in subsection (a)

11 for an additional period of up to one year if the owner

12 of the vessel demonstrates to the satisfaction of the Secretary

13 that a good faith effort, with due diligence and care, has

14 failed to enable compliance with the deadline under sub15 section (a).