IB 

Union Calendar No. 202 

111TH CONGRESS 

1ST SESSION H. R. 2652 

[Report No. 111–351] 

To amend title 46, United States Code, to improve vessel safety, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 2, 2009 

Mr. OBERSTAR (for himself and Mr. CUMMINGS) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

DECEMBER 3, 2009 

Additional sponsors: Mr. LARSEN of Washington and Mr. DELAHUNT

DECEMBER 3, 2009 

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 June 2, 2009] 

A BILL 

To amend title 46, United States Code, to improve vessel 

safety, 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 ‘‘Maritime Safety Act 

3 of 2009’’. 

4 SEC. 2. VESSEL SIZE LIMITS. 

5 (a) LENGTH, TONNAGE, AND HORSEPOWER.—Section 

6 12113(d)(2) of title 46, United States Code, is amended— 

7 (1) by inserting ‘‘and’’ after the semicolon at the 

8 end of subparagraph (A)(i); 

9 (2) by striking ‘‘and’’ at the end of subpara10 graph (A)(ii); 

11 (3) by striking subparagraph (A)(iii); 

12 (4) by striking the period at the end of subpara13 graph (B) and inserting ‘‘; or’’; and 

14 (5) by inserting at the end the following: 

15 ‘‘(C) the vessel is either a rebuilt vessel or 

16 a replacement vessel under section 208(g) of the 

17 American Fisheries Act (title II of division C of 

18 Public Law 105–277; 112 Stat. 2681–627) and 

19 is eligible for a fishery endorsement under this 

20 section.’’. 

21 (b) CONFORMING AMENDMENTS.— 

22 (1) VESSEL REBUILDING AND REPLACEMENT.— 

23 Section 208(g) of the American Fisheries Act (title II 

24 of division C of Public Law 105–277; 112 Stat. 2681– 

25 627) is amended to read as follows: 

26 ‘‘(g) VESSEL REBUILDING AND REPLACEMENT.— 


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1 ‘‘(1) IN GENERAL.— 

2 ‘‘(A) REBUILD OR REPLACE.—Notwith3 standing any limitation to the contrary on re4 placing, rebuilding, or lengthening vessels or 

5 transferring permits or licenses to a replacement 

6 vessel contained in sections 679.2 and 679.4 of 

7 title 50, Code of Federal Regulations, as in effect 

8 on the date of enactment of the Maritime Safety 

9 Act of 2009 and except as provided in paragraph 

10 (4), the owner of a vessel eligible under sub11 section (a), (b), (c), (d), or (e) (other than para12 graph (21)), in order to improve vessel safety 

13 and operational efficiencies (including fuel effi14 ciency), may rebuild or replace that vessel (in15 cluding fuel efficiency) with a vessel documented 

16 with a fishery endorsement under section 12113 

17 of title 46, United States Code. 

18 ‘‘(B) SAME REQUIREMENTS.—The rebuilt or 

19 replacement vessel shall be eligible in the same 

20 manner and subject to the same restrictions and 

21 limitations under such subsection as the vessel 

22 being rebuilt or replaced. 

23 ‘‘(C) TRANSFER OF PERMITS AND LI24 CENSES.—Each fishing permit and license held 

25 by the owner of a vessel or vessels to be rebuilt 


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1 or replaced under subparagraph (A) shall be 

2 transferred to the rebuilt or replacement vessel. 

3 ‘‘(2) RECOMMENDATIONS OF NORTH PACIFIC

4 FISHERY MANAGEMENT COUNCIL.—The North Pacific 

5 Fishery Management Council may recommend for ap6 proval by the Secretary such conservation and man7 agement measures, including size limits and measures 

8 to control fishing capacity, in accordance with the 

9 Magnuson-Stevens Act as it considers necessary to en10 sure that this subsection does not diminish the effec11 tiveness of fishery management plans of the Bering 

12 Sea and Aleutian Islands Management Area or the 

13 Gulf of Alaska. 

14 ‘‘(3) SPECIAL RULE FOR REPLACEMENT OF CER15 TAIN VESSELS.— 

16 ‘‘(A) IN GENERAL.—Notwithstanding the re17 quirements of subsections (b)(2), (c)(1), and 

18 (c)(2) of section 12113 of title 46, United States 

19 Code, a vessel that is eligible under subsection 

20 (a), (b), (c), (d), or (e) (other than paragraph 

21 (21)) and that qualifies to be documented with 

22 a fishery endorsement pursuant to section 203(g) 

23 or 213(g) may be replaced with a replacement 

24 vessel under paragraph (1) if the vessel that is 

25 replaced is validly documented with a fishery enVerDate Nov 24 2008 21:10 Dec 03, 2009 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H2652.RH H2652

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1 dorsement pursuant to section 203(g) or 213(g) 

2 before the replacement vessel is documented with 

3 a fishery endorsement under section 12113 of 

4 title 46, United States Code. 

5 ‘‘(B) APPLICABILITY.—A replacement vessel 

6 under subparagraph (A) and its owner and 

7 mortgagee are subject to the same limitations 

8 under section 203(g) or 213(g) that are applica9 ble to the vessel that has been replaced and its 

10 owner and mortgagee. 

11 ‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER

12 VESSELS.— 

13 ‘‘(A) IN GENERAL.—A replacement for a 

14 covered vessel described in subparagraph (B) is 

15 prohibited from harvesting fish in any fishery 

16 (except for the Pacific whiting fishery) managed 

17 under the authority of any Regional Fishery 

18 Management Council (other than the North Pa19 cific Fishery Management Council) established 

20 under section 302(a) of the Magnuson-Stevens 

21 Act. 

22 ‘‘(B) COVERED VESSELS.—A covered vessel 

23 referred to in subparagraph (A) is— 


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1 ‘‘(i) a vessel eligible under subsection 

2 (a), (b), or (c) that is replaced under para3 graph (1); or 

4 ‘‘(ii) a vessel eligible under subsection 

5 (a), (b), or (c) that is rebuilt to increase its 

6 registered length, gross tonnage, or shaft 

7 horsepower. 

8 ‘‘(5) LIMITATION ON FISHERY ENDORSEMENTS.— 

9 Any vessel that is replaced under this subsection shall 

10 thereafter not be eligible for a fishery endorsement 

11 under section 12113 of title 46, United States Code, 

12 unless that vessel is also a replacement vessel de13 scribed in paragraph (1). 

14 ‘‘(6) GULF OF ALASKA LIMITATION.—Notwith15 standing paragraph (1), the Secretary shall prohibit 

16 from participation in the groundfish fisheries of the 

17 Gulf of Alaska any vessel that is rebuilt or replaced 

18 under this subsection and that exceeds the maximum 

19 length overall specified on the license that authorizes 

20 fishing for groundfish pursuant to the license limita21 tion program under part 679 of title 50, Code of Fed22 eral Regulations, as in effect on the date of enactment 

23 of the Maritime Safety Act of 2009. 

24 ‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Nothing 

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1 wise affect the authority of the Pacific Council to rec2 ommend to the Secretary conservation and manage3 ment measures to protect fisheries under its jurisdic4 tion (including the Pacific whiting fishery) and par5 ticipants in such fisheries from adverse impacts 

6 caused by this Act.’’. 

7 (2) EXEMPTION OF CERTAIN VESSELS.—Section 

8 203(g) of the American Fisheries Act (title II of divi9 sion C of Public Law 105–277; 112 Stat. 2681–620) 

10 is amended— 

11 (A) by inserting ‘‘and’’ after ‘‘(United 

12 States official number 651041)’’; 

13 (B) by striking ‘‘, NORTHERN TRAV14 ELER (United States official number 635986), 

15 and NORTHERN VOYAGER (United States of16 ficial number 637398) (or a replacement vessel 

17 for the NORTHERN VOYAGER that complies 

18 with paragraphs (2), (5), and (6) of section 

19 208(g) of this Act)’’; and 

20 (C) by striking ‘‘, in the case of the 

21 NORTHERN’’ and all that follows through 

22 ‘‘PHOENIX,’’. 

23 (3) FISHERY COOPERATIVE EXIT PROVISIONS.— 

24 Section 210(b) of the American Fisheries Act (title II 


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1 of division C of Public Law 105–277; 112 Stat. 2681– 

2 629) is amended— 

3 (A) by moving the matter beginning with 

4 ‘‘the Secretary shall’’ in paragraph (1) 2 ems to 

5 the right; and 

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

7 ‘‘(7) FISHERY COOPERATIVE EXIT PROVISIONS.— 

8 ‘‘(A) FISHING ALLOWANCE DETERMINA9 TION.—For purposes of determining the aggre10 gate percentage of directed fishing allowances 

11 under paragraph (1), when a catcher vessel is re12 moved from the directed pollock fishery, the fish13 ery allowance for pollock for the vessel being re14 moved— 

15 ‘‘(i) shall be based on the catch history 

16 determination for the vessel made pursuant 

17 to section 679.62 of title 50, Code of Federal 

18 Regulations, as in effect on the date of en19 actment of the Maritime Safety Act of 2009; 

20 and 

21 ‘‘(ii) shall be assigned, for all purposes 

22 under this title, in the manner specified by 

23 the owner of the vessel being removed to any 

24 other catcher vessel or among other catcher 

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1 tive if such vessel or vessels remain in the 

2 fishery cooperative for at least one year 

3 after the date on which the vessel being re4 moved leaves the directed pollock fishery. 

5 ‘‘(B) ELIGIBILITY FOR FISHERY ENDORSE6 MENT.—Except as provided in subparagraph 

7 (C), a vessel that is removed pursuant to this 

8 paragraph shall be permanently ineligible for a 

9 fishery endorsement, and any claim (including 

10 relating to catch history) associated with such 

11 vessel that could qualify any owner of such vessel 

12 for any permit to participate in any fishery 

13 within the exclusive economic zone of the United 

14 States shall be extinguished, unless such removed 

15 vessel is thereafter designated to replace a vessel 

16 to be removed pursuant to this paragraph. 

17 ‘‘(C) LIMITATIONS ON STATUTORY CON18 STRUCTION.—Nothing in this paragraph shall be 

19 construed— 

20 ‘‘(i) to make the vessels AJ (United 

21 States official number 905625), DONA 

22 MARTITA (United States official number 

23 651751), NORDIC EXPLORER (United 

24 States official number 678234), and 

25 PROVIDIAN (United States official numVerDate Nov 24 2008 21:10 Dec 03, 2009 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2652.RH H2652

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1 ber 1062183) ineligible for a fishery en2 dorsement or any permit necessary to par3 ticipate in any fishery under the authority 

4 of the New England Fishery Management 

5 Council or the Mid-Atlantic Fishery Man6 agement Council established, respectively, 

7 under subparagraphs (A) and (B) of section 

8 302(a)(1) of the Magnuson-Stevens Act; or 

9 ‘‘(ii) to allow the vessels referred to in 

10 clause (i) to participate in any fishery 

11 under the authority of the Councils referred 

12 to in clause (i) in any manner that is not 

13 consistent with the fishery management 

14 plan for the fishery developed by the Coun15 cils under section 303 of the Magnuson-Ste16 vens Act.’’. 

17 SEC. 3. COLD WEATHER SURVIVAL TRAINING. 

18 The Commandant of the Coast Guard shall report to 

19 the Committee on Transportation and Infrastructure of the 

20 House of Representatives and the Committee on Commerce, 

21 Science, and Transportation of the Senate on the efficacy 

22 of cold weather survival training conducted by the Coast 

23 Guard in Coast Guard District 17 over the preceding 5 

24 years. The report shall include plans for conducting such 

25 training in fiscal years 2010 through 2013. 


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1 SEC. 4. FISHING VESSEL SAFETY. 

2 (a) SAFETY STANDARDS.—Section 4502 of title 46, 

3 United States Code, is amended— 

4 (1) in subsection (a), by— 

5 (A) striking paragraphs (6) and (7) and in6 serting the following: 

7 ‘‘(6) other equipment required to minimize the 

8 risk of injury to the crew during vessel operations, if 

9 the Secretary determines that a risk of serious injury 

10 exists that can be eliminated or mitigated by that 

11 equipment; and’’; and 

12 (B) redesignating paragraph (8) as para13 graph (7); 

14 (2) in subsection (b)— 

15 (A) in paragraph (1) in the matter pre16 ceding subparagraph (A), by striking ‘‘docu17 mented’’; 

18 (B) in paragraph (1)(A), by striking ‘‘the 

19 Boundary Line’’ and inserting ‘‘3 nautical miles 

20 from the baseline from which the territorial sea 

21 of the United States is measured or beyond 3 

22 nautical miles from the coastline of the Great 

23 Lakes’’; 

24 (C) in paragraph (2)(B), by striking ‘‘life25 boats or liferafts’’ and inserting ‘‘a survival craft 


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1 that ensures that no part of an individual is im2 mersed in water’’; 

3 (D) in paragraph (2)(D), by inserting ‘‘ma4 rine’’ before ‘‘radio’’; 

5 (E) in paragraph (2)(E), by striking 

6 ‘‘radar reflectors, nautical charts, and anchors’’ 

7 and inserting ‘‘nautical charts, and publica8 tions’’; 

9 (F) in paragraph (2)(F), by striking ‘‘, in10 cluding medicine chests’’ and inserting ‘‘and 

11 medical supplies sufficient for the size and area 

12 of operation of the vessel’’ and 

13 (G) by amending paragraph (2)(G) to read 

14 as follows: 

15 ‘‘(G) ground tackle sufficient for the vessel.’’; 

16 (3) by amending subsection (f) to read as follows: 

17 ‘‘(f) To ensure compliance with the requirements of 

18 this chapter, the Secretary— 

19 ‘‘(1) shall require the individual in charge of a 

20 vessel described in subsection (b) to keep a record of 

21 equipment maintenance, and required instruction 

22 and drills; and 

23 ‘‘(2) shall examine at dockside a vessel described 

24 in subsection (b) at least once every 2 years, and shall 


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1 issue a certificate of compliance to a vessel meeting 

2 the requirements of this chapter.’’; and 

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

4 ‘‘(g)(1) The individual in charge of a vessel described 

5 in subsection (b) must pass a training program approved 

6 by the Secretary that meets the requirements in paragraph 

7 (2) of this subsection and hold a valid certificate issued 

8 under that program. 

9 ‘‘(2) The training program shall— 

10 ‘‘(A) be based on professional knowledge and skill 

11 obtained through sea service and hands-on training, 

12 including training in seamanship, stability, collision 

13 prevention, navigation, fire fighting and prevention, 

14 damage control, personal survival, emergency medical 

15 care, emergency drills, and weather; 

16 ‘‘(B) require an individual to demonstrate abil17 ity to communicate in an emergency situation and 

18 understand information found in navigation publica19 tions; 

20 ‘‘(C) recognize and give credit for recent past ex21 perience in fishing vessel operation; and 

22 ‘‘(D) provide for issuance of a certificate to an 

23 individual that has successfully completed the pro24 gram. 


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1 ‘‘(3) The Secretary shall prescribe regulations imple2 menting this subsection. The regulations shall require that 

3 individuals who are issued a certificate under paragraph 

4 (2)(D) must complete refresher training at least once every 

5 5 years as a condition of maintaining the validity of the 

6 certificate. 

7 ‘‘(4) The Secretary shall establish a publicly accessible 

8 electronic database listing the names of individuals who 

9 have participated in and received a certificate confirming 

10 successful completion of a training program approved by 

11 the Secretary under this section. 

12 ‘‘(h) A vessel to which this chapter applies shall be con13 structed in a manner that provides a level of safety equiva14 lent to the minimum safety standards the Secretary may 

15 established for recreational vessels under section 4302, if— 

16 ‘‘(1) subsection (b) of this section applies to the 

17 vessel; 

18 ‘‘(2) the vessel is less than 50 feet overall in 

19 length; and 

20 ‘‘(3) the vessel is built after January 1, 2010. 

21 ‘‘(i)(1) The Secretary shall establish a Fishing Safety 

22 Training Grants Program to provide funding to munici23 palities, port authorities, other appropriate public entities, 

24 not-for-profit organizations, and other qualified persons 

25 that provide commercial fishing safety training— 


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1 ‘‘(A) to conduct fishing vessel safety training for 

2 vessel operators and crewmembers that— 

3 ‘‘(i) in the case of vessel operators, meets the 

4 requirements of subsection (g); and 

5 ‘‘(ii) in the case of crewmembers, meets the 

6 requirements of subsection (g)(2)(A), such re7 quirements of subsection (g)(2)(B) as are appro8 priate for crewmembers, and the requirements of 

9 subsections (g)(2)(D), (g)(3), and (g)(4); and 

10 ‘‘(B) for purchase of safety equipment and train11 ing aids for use in those fishing vessel safety training 

12 programs. 

13 ‘‘(2) The Secretary shall award grants under this sub14 section on a competitive basis. 

15 ‘‘(3) The Federal share of the cost of any activity car16 ried out with a grant under this subsection shall not exceed 

17 75 percent. 

18 ‘‘(4) There is authorized to be appropriated $3,000,000 

19 for each of fiscal years 2010 through 2014 for grants under 

20 this subsection. 

21 ‘‘(j)(1) The Secretary shall establish a Fishing Safety 

22 Research Grant Program to provide funding to individuals 

23 in academia, members of non-profit organizations and busi24 nesses involved in fishing and maritime matters, and other 

25 persons with expertise in fishing safety, to conduct research 


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1 on methods of improving the safety of the commercial fish2 ing industry, including vessel design, emergency and sur3 vival equipment, enhancement of vessel monitoring systems, 

4 communications devices, de-icing technology, and severe 

5 weather detection. 

6 ‘‘(2) The Secretary shall award grants under this sub7 section on a competitive basis. 

8 ‘‘(3) The Federal share of the cost of any activity car9 ried out with a grant under this subsection shall not exceed 

10 75 percent. 

11 ‘‘(4) There is authorized to be appropriated $3,000,000 

12 for each fiscal years 2010 through 2014 for activities under 

13 this subsection.’’. 

14 (b) CONFORMING AMENDMENT.—Section 4506(b) of 

15 title 46, United States Code, is repealed. 

16 (c) ADVISORY COMMITTEE.— 

17 (1) CHANGE OF NAME.—Section 4508 of title 46, 

18 United States Code, is amended— 

19 (A) by striking the section heading and in20 serting the following: 

21 ‘‘§ 4508. Commercial Fishing Safety Advisory Com22 mittee’’; 

23 and 

24 (B) in subsection (a) by striking ‘‘Industry 

25 Vessel’’. 


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1 (2) MEMBERSHIP REQUIREMENTS.—Section 

2 4508(b)(1) of that title is amended— 

3 (A) by striking ‘‘seventeen’’ and inserting 

4 ‘‘eighteen’’; 

5 (B) in subparagraph (A)— 

6 (i) in the matter preceding clause (i), 

7 by striking ‘‘from the commercial fishing 

8 industry who—’’ and inserting ‘‘who shall 

9 represent the commercial fishing industry 

10 and who—’’; and 

11 (ii) in clause (ii), by striking ‘‘an 

12 uninspected’’ and inserting ‘‘a’’; 

13 (C) by striking subparagraph (B) and in14 serting the following: 

15 ‘‘(B) three members who shall represent the gen16 eral public, including, whenever possible— 

17 ‘‘(i) an independent expert or consultant in 

18 maritime safety; 

19 ‘‘(ii) a marine surveyor who provides serv20 ices to vessels to which this chapter applies; and 

21 ‘‘(iii) a person familiar with issues affect22 ing fishing communities and families of fisher23 men;’’; and 

24 (D) in subparagraph (C)— 


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1 (i) in the matter preceding clause (i), 

2 by striking ‘‘representing each of—’’ and 

3 inserting ‘‘each of whom shall represent—’’; 

4 (ii) in clause (i), by striking ‘‘or ma5 rine surveyors;’’ and inserting ‘‘and marine 

6 engineers;’’; 

7 (iii) in clause (iii), by striking ‘‘and’’ 

8 after the semicolon at the end; 

9 (iv) in clause (iv), by striking the pe10 riod at the end and inserting ‘‘; and’’; and 

11 (v) by adding at the end the following 

12 new clause: 

13 ‘‘(v) owners of vessels to which this 

14 chapter applies.’’. 

15 (3) TERMINATION.—Section 4508(e)(1) of that 

16 title is amended by striking ‘‘September 30, 2010.’’ 

17 and inserting ‘‘September 30, 2020.’’. 

18 (4) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of chapter 45 of title 46, 

20 United States Code, is amended by striking the item 

21 relating to such section and inserting the following: 

‘‘4508. Commercial Fishing Safety Advisory Committee.’’. 

22 (d) LOADLINES FOR VESSELS 79 FEET OR GREATER

23 IN LENGTH.—Section 5102(b)(3) of title 46, United States 

24 Code, is amended by inserting after ‘‘vessel’’ the following 


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1 ‘‘, unless the vessel is built or undergoes a major conversion 

2 completed after July 1, 2010’’. 

3 (e) CLASSING OF VESSELS.— 

4 (1) IN GENERAL.—Section 4503 of title 46, 

5 United States Code, is amended— 

6 (A) by striking the section heading and in7 serting the following: 

8 ‘‘§ 4503. Fishing, fish tender, and fish processing ves9 sel certification’’; 

10 (B) in subsection (a) by striking ‘‘fish proc11 essing’’; and 

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

13 ‘‘(c) This section applies to a vessel to which section 

14 4502(b) of this title applies that is at least 50 feet overall 

15 in length and— 

16 ‘‘(1) is built after July 1, 2010; or 

17 ‘‘(2) undergoes a major conversion completed 

18 after that date. 

19 ‘‘(d)(1) After January 1, 2020, a fishing vessel, fish 

20 processing vessel, or fish tender vessel to which section 

21 4502(b) of this title applies shall comply with an alternate 

22 safety compliance program that is developed in cooperation 

23 with the commercial fishing industry and prescribed by the 

24 Secretary, if the vessel— 

25 ‘‘(A) is at least 50 feet overall in length; 


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1 ‘‘(B) is built before July 1, 2010; and 

2 ‘‘(C) is 25 years of age or older. 

3 ‘‘(2) Alternative safety compliance programs may be 

4 developed for purposes of paragraph (1) for specific regions 

5 and fisheries. 

6 ‘‘(3) A fishing vessel, fish processing vessel, or fish ten7 der vessel to which section 4502(b) of this title applies that 

8 was classed before July 1, 2010, shall— 

9 ‘‘(A) remain subject to the requirements of a 

10 classification society approved by the Secretary; and 

11 ‘‘(B) have on board a certificate from that soci12 ety.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of chapter 45 of title 46, 

15 United States Code, is amended by striking the item 

16 relating to such section and inserting the following: 

‘‘4503. Fishing, fish tender, and fish processing vessel certification.’’. 

17 (f) ALTERNATIVE SAFETY COMPLIANCE PROGRAM.— 

18 No later than January 1, 2017, the Secretary of the depart19 ment in which the Coast Guard is operating shall prescribe 

20 an alternative safety compliance program referred to in sec21 tion 4503(d) of the title 46, United States Code, as amended 

22 by this section. 

23 SEC. 5. MARINER RECORDS. 

24 Section 7502 of title 46, United States Code, is amend25 ed— 


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1 (1) by inserting ‘‘(a)’’ before ‘‘The’’; 

2 (2) by striking ‘‘computerized records’’ and in3 serting ‘‘records, including electronic records,’’; and 

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

5 ‘‘(b) The Secretary may prescribe regulations requir6 ing a vessel owner or managing operator of a commercial 

7 vessel, or the employer of a seaman on that vessel, to main8 tain records of each individual engaged on the vessel on 

9 matters of engagement, discharge, and service for not less 

10 than 5 years after the date of the completion of the service 

11 of that individual on the vessel. The regulations may re12 quire that a vessel owner, managing operator, or employer 

13 shall make these records available to the individual and the 

14 Coast Guard on request. 

15 ‘‘(c) A person violating this section, or a regulation 

16 prescribed under this section, is liable to the United States 

17 Government for a civil penalty of not more than $5,000.’’. 

18 SEC. 6. DELETION OF EXEMPTION OF LICENSE REQUIRE19 MENT FOR OPERATORS OF CERTAIN TOWING 

20 VESSELS. 

21 Section 8905 of title 46, United States Code, is amend22 ed— 

23 (1) by striking subsection (b); and 

24 (2) by redesignating subsection (c) as subsection 

25 (b). 


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1 SEC. 7. LOG BOOKS. 

2 (a) IN GENERAL.—Chapter 113 of title 46, United 

3 States Code, is amended by adding at the end the following: 

4 ‘‘§ 11304. Additional logbook and entry requirements 

5 ‘‘(a) A vessel of the United States that is subject to 

6 inspection under section 3301 of this title, except a vessel 

7 on a voyage from a port in the United States to a port 

8 in Canada, shall have an official logbook, which shall be 

9 kept available for review by the Secretary on request. 

10 ‘‘(b) The log book required by subsection (a) shall in11 clude the following entries: 

12 ‘‘(1) The time when each seaman and each offi13 cer assumed or relieved the watch. 

14 ‘‘(2) The number of hours in service to the vessels 

15 of each seaman and each officer. 

16 ‘‘(3) An account of each accident, illness, and in17 jury that occurs during each watch.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections at 

19 the beginning of such chapter is amended by adding at the 

20 end the following: 

‘‘11304. Additional logbook and entry requirements.’’. 

21 SEC. 8. SAFE OPERATIONS AND EQUIPMENT STANDARDS. 

22 (a) IN GENERAL.—Chapter 21 of title 46, United 

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

24 new sections: 


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1 ‘‘§ 2116. Termination for unsafe operation 

2 ‘‘An individual authorized to enforce this title— 

3 ‘‘(1) may remove a certificate required by this 

4 title from a vessel that is operating in a condition 

5 that does not comply with the provisions of the certifi6 cate; 

7 ‘‘(2) may order the individual in charge of a ves8 sel that is operating that does not have on board the 

9 certificate required by this title to return the vessel to 

10 a mooring and to remain there until the vessel is in 

11 compliance with this title; and 

12 ‘‘(3) may direct the individual in charge of a 

13 vessel to which this title applies to immediately take 

14 reasonable steps necessary for the safety of individuals 

15 on board the vessel if the official observes the vessel 

16 being operated in an unsafe condition that the official 

17 believes creates an especially hazardous condition, in18 cluding ordering the individual in charge to return 

19 the vessel to a mooring and to remain there until the 

20 situation creating the hazard is corrected or ended. 

21 ‘‘§ 2117. Establishment of equipment standards 

22 ‘‘(a) In establishing standards for approved equipment 

23 required on vessels subject to part B of this title, the Sec24 retary shall establish standards that are— 

25 ‘‘(1) based on performance using the best avail26 able technology that is economically achievable; and 


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1 ‘‘(2) operationally practical. 

2 ‘‘(b) Using the standards established under subsection 

3 (a), the Secretary may also certify lifesaving equipment 

4 that is not required to be carried on vessels subject to part 

5 B of this title to ensure that such equipment is suitable for 

6 its intended purpose. 

7 ‘‘(c) At least once every 10 years the Secretary shall 

8 review and revise the standards established under subsection 

9 (a) to ensure that the standards meet the requirements of 

10 this section.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections at 

12 the beginning of such chapter is amended by adding at the 

13 end the following: 

‘‘2116. Termination for unsafe operation. 

‘‘2117. Establishment of equipment standards.’’. 

14 SEC. 9. APPROVAL OF SURVIVAL CRAFT. 

15 (a) IN GENERAL.—Chapter 31 of title 46, United 

16 States Code, is amended by adding at the end the following 

17 new section: 

18 ‘‘§ 3104. Survival craft 

19 ‘‘(a) Except as provided in subsection (b), the Sec20 retary may not approve a survival craft as a safety device 

21 for purposes of this part, unless the craft ensures that no 

22 part of an individual is immersed in water. 

23 ‘‘(b) The Secretary may authorize a survival craft that 

24 does not provide protection described in subsection (a) to 


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1 remain in service until not later than January 1, 2015, 

2 if— 

3 ‘‘(1) it was approved by the Secretary before 

4 January 1, 2010; and 

5 ‘‘(2) it is in serviceable condition.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections at 

7 the beginning of such chapter is amended by adding at the 

8 end the following: 

‘‘3104. Survival craft.’’. 

9 SEC. 10. SAFETY MANAGEMENT. 

10 (a) VESSELS TO WHICH REQUIREMENTS APPLY.—Sec11 tion 3202 of title 46, United States Code, is amended— 

12 (1) in subsection (a) by striking the heading and 

13 inserting ‘‘FOREIGN VOYAGES AND FOREIGN VES14 SELS.—’’; 

15 (2) by redesignating subsections (b) and (c) as 

16 subsections (c) and (d), respectively; 

17 (3) by inserting after subsection (a) the fol18 lowing: 

19 ‘‘(b) OTHER PASSENGER VESSELS.—This chapter ap20 plies to a vessel that is— 

21 ‘‘(1) a passenger vessel or small passenger vessel; 

22 and 

23 ‘‘(2) is transporting more passengers than a 

24 number prescribed by the Secretary based on the 


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1 number of individuals on the vessel that could be 

2 killed or injured in a marine casualty.’’; 

3 (4) in subsection (d), as so redesignated, by 

4 striking ‘‘subsection (b)’’ and inserting ‘‘subsection 

5 (c)’’; 

6 (5) in subsection (d)(4), as so redesignated, by 

7 inserting ‘‘that is not described in subsection (b) of 

8 this section’’ after ‘‘waters’’. 

9 (b) SAFETY MANAGEMENT SYSTEM.—Section 3203 of 

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

11 end the following new subsection: 

12 ‘‘(c) In prescribing regulations for passenger vessels 

13 and small passenger vessels, the Secretary shall consider— 

14 ‘‘(1) the characteristics, methods of operation, 

15 and nature of the service of these vessels; and 

16 ‘‘(2) with respect to vessels that are ferries, the 

17 sizes of the ferry systems within which the vessels op18 erate.’’. 

19 SEC. 11. PROTECTION AGAINST DISCRIMINATION. 

20 (a) IN GENERAL.—Section 2114 of title 46, United 

21 States Code, is amended— 

22 (1) in subsection (a)(1)(A), by striking ‘‘or’’ after 

23 the semicolon; 

24 (2) in subsection (a)(1)(B), by striking the pe25 riod at the end and inserting a semicolon; 


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1 (3) by adding at the end of subsection (a)(1) the 

2 following new subparagraphs: 

3 ‘‘(C) the seaman testified in a proceeding 

4 brought to enforce a maritime safety law or regula5 tion prescribed under that law; 

6 ‘‘(D) the seaman notified, or attempted to notify, 

7 the vessel owner or the Secretary of a work-related 

8 personal injury or work-related illness of a seaman; 

9 ‘‘(E) the seaman cooperated with a safety inves10 tigation by the Secretary or the National Transpor11 tation Safety Board; 

12 ‘‘(F) the seaman furnished information to the 

13 Secretary, the National Transportation Safety Board, 

14 or any other public official as to the facts relating to 

15 any marine casualty resulting in injury or death to 

16 an individual or damage to property occurring in 

17 connection with vessel transportation; or 

18 ‘‘(G) the seaman accurately reported hours of 

19 duty under this part.’’; and 

20 (4) by amending subsection (b) to read as fol21 lows: 

22 ‘‘(b) A seaman alleging discharge or discrimination in 

23 violation of subsection (a) of this section, or another person 

24 at the seaman’s request, may file a complaint with respect 

25 to such allegation in the same manner as a complaint may 


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1 be filed under subsection (b) of section 31105 of title 49. 

2 Such complaint shall be subject to the procedures, require3 ments, and rights described in that section, including with 

4 respect to the right to file an objection, the right of a person 

5 to file for a petition for review under subsection (c) of that 

6 section, and the requirement to bring a civil action under 

7 subsection (d) of that section.’’. 

8 (b) EXISTING ACTIONS.—This section shall not affect 

9 the application of section 2114(b) of title 46, United States 

10 Code, as in effect before the date of enactment of this Act, 

11 to an action filed under that section before that date. 

12 SEC. 12. OIL FUEL TANK PROTECTION. 

13 Section 3306 of title 46, United States Code, is amend14 ed by adding at the end the following new subsection: 

15 ‘‘(k)(1) Each vessel of the United States that is con16 structed under a contract entered into after the date of en17 actment of the Maritime Safety Act of 2009, or that is deliv18 ered after January 1, 2011, with an aggregate capacity of 

19 600 cubic meters or more of oil fuel, shall comply with the 

20 requirements of Regulation 12A under Annex I to the Pro21 tocol of 1978 relating to the International Convention for 

22 the Prevention of Pollution from Ships, 1973, entitled ‘Oil 

23 Fuel Tank Protection.’ 

24 ‘‘(2) The Secretary may prescribe regulations to apply 

25 the requirements described in Regulation 12A to vessels deVerDate Nov 24 2008 21:10 Dec 03, 2009 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\H2652.RH H2652

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1 scribed in paragraph (1) that are not otherwise subject to 

2 that convention. Any such regulation shall be considered to 

3 be an interpretive rule for the purposes of section 553 of 

4 title 5. 

5 ‘‘(3) In this subsection the term ‘oil fuel’ means any 

6 oil used as fuel in connection with the propulsion and aux7 iliary machinery of the vessel in which such oil is carried.’’. 

8 SEC. 13. OATHS. 

9 Sections 7105 and 7305 of title 46, United States Code, 

10 and the items relating to such sections in the analysis for 

11 chapters 71 and 73 of such title, are repealed. 

12 SEC. 14. DURATION OF CREDENTIALS. 

13 (a) MERCHANT MARINER’S DOCUMENTS.—Section 

14 7302(f) of title 46, United States Code, is amended to read 

15 as follows: 

16 ‘‘(f) PERIODS OF VALIDITY AND RENEWAL OF MER17 CHANT MARINERS’ DOCUMENTS.— 

18 ‘‘(1) IN GENERAL.—Except as provided in sub19 section (g), a merchant mariner’s document issued 

20 under this chapter is valid for a 5-year period and 

21 may be renewed for additional 5-year periods. 

22 ‘‘(2) ADVANCE RENEWALS.—A renewed merchant 

23 mariner’s document may be issued under this chapter 

24 up to 8 months in advance but is not effective until 

25 the date that the previously issued merchant mariVerDate Nov 24 2008 21:10 Dec 03, 2009 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\H2652.RH H2652

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1 ner’s document expires or until the completion of any 

2 active suspension or revocation of that previously 

3 issued merchant mariner’s document, whichever is 

4 later.’’. 

5 (b) DURATION OF LICENSES.—Section 7106 of such 

6 title is amended to read as follows: 

7 ‘‘§ 7106. Duration of licenses 

8 ‘‘(a) IN GENERAL.—A license issued under this part 

9 is valid for a 5-year period and may be renewed for addi10 tional 5-year periods; except that the validity of a license 

11 issued to a radio officer is conditioned on the continuous 

12 possession by the holder of a first-class or second-class ra13 diotelegraph operator license issued by the Federal Commu14 nications Commission. 

15 ‘‘(b) ADVANCE RENEWALS.—A renewed license issued 

16 under this part may be issued up to 8 months in advance 

17 but is not effective until the date that the previously issued 

18 license expires or until the completion of any active suspen19 sion or revocation of that previously issued merchant mari20 ner’s document, whichever is later.’’. 

21 (c) CERTIFICATES OF REGISTRY.—Section 7107 of 

22 such title is amended to read as follows: 

23 ‘‘§ 7107. Duration of certificates of registry 

24 ‘‘(a) IN GENERAL.—A certificate of registry issued 

25 under this part is valid for a 5-year period and may be 


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1 renewed for additional 5-year periods; except that the valid2 ity of a certificate issued to a medical doctor or professional 

3 nurse is conditioned on the continuous possession by the 

4 holder of a license as a medical doctor or registered nurse, 

5 respectively, issued by a State. 

6 ‘‘(b) ADVANCE RENEWALS.—A renewed certificate of 

7 registry issued under this part may be issued up to 8 

8 months in advance but is not effective until the date that 

9 the previously issued certificate of registry expires or until 

10 the completion of any active suspension or revocation of 

11 that previously issued merchant mariner’s document, 

12 whichever is later.’’. 

13 SEC. 15. FINGERPRINTING. 

14 (a) MERCHANT MARINER LICENSES AND DOCU15 MENTS.—Chapter 75 of title 46, United States Code, is 

16 amended by adding at the end the following: 

17 ‘‘§ 7507. Fingerprinting 

18 ‘‘The Secretary of the Department in which the Coast 

19 Guard is operating may not require an individual to be 

20 fingerprinted for the issuance or renewal of a license, a cer21 tificate of registry, or a merchant mariner’s document 

22 under chapter 71 or 73 if the individual was fingerprinted 

23 when the individual applied for a transportation security 

24 card under section 70105.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for such 

2 chapter is amended by adding at the end the following: 

‘‘7507. Fingerprinting.’’. 

3 SEC. 16. AUTHORIZATION TO EXTEND THE DURATION OF 

4 LICENSES, CERTIFICATES OF REGISTRY, AND 

5 MERCHANT MARINERS’ DOCUMENTS. 

6 (a) MERCHANT MARINER LICENSES AND DOCU7 MENTS.—Chapter 75 of title 46, United States Code, as 

8 amended by section 15(a) of this Act, is further amended 

9 by adding at the end the following: 

10 ‘‘§ 7508. Authority to extend the duration of licenses, 

11 certificates of registry, and merchant 

12 mariner documents 

13 ‘‘(a) LICENSES AND CERTIFICATES OF REGISTRY.— 

14 Notwithstanding sections 7106 and 7107, the Secretary of 

15 the department in which the Coast Guard is operating 

16 may— 

17 ‘‘(1) extend for not more than one year an expir18 ing license or certificate of registry issued for an indi19 vidual under chapter 71 if the Secretary determines 

20 that the extension is required to enable the Coast 

21 Guard to eliminate a backlog in processing applica22 tions for those licenses or certificates of registry or in 

23 response to a national emergency or natural disaster, 

24 as deemed necessary by the Secretary; or 


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1 ‘‘(2) issue for not more than five years an expir2 ing license or certificate of registry issued for an indi3 vidual under chapter 71 for the exclusive purpose of 

4 aligning the expiration date of such license or certifi5 cate of registry with the expiration date of a mer6 chant mariner’s document. 

7 ‘‘(b) MERCHANT MARINER DOCUMENTS.—Notwith8 standing section 7302(g), the Secretary may— 

9 ‘‘(1) extend for not more than one year an expir10 ing merchant mariner’s document issued for an indi11 vidual under chapter 71 if the Secretary determines 

12 that the extension is required to enable the Coast 

13 Guard to eliminate a backlog in processing applica14 tions for those licenses or certificates of registry or in 

15 response to a national emergency or natural disaster, 

16 as deemed necessary by the Secretary; or 

17 ‘‘(2) issue for not more than five years an expir18 ing merchant mariner’s document issued for an indi19 vidual under chapter 71 for the exclusive purpose of 

20 aligning the expiration date of such merchant mari21 ner’s document with the expiration date of a mer22 chant mariner’s document. 

23 ‘‘(c) MANNER OF EXTENSION.—Any extensions grant24 ed under this section may be granted to individual seamen 

25 or a specifically identified group of seamen.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for such 

2 chapter, as amended by section 15(b), is further amended 

3 by adding at the end the following: 

‘‘7508. Authority to extend the duration of licenses, certificates of registry, and 

merchant mariner documents.’’. 

4 SEC. 17. MERCHANT MARINER DOCUMENTATION. 

5 (a) INTERIM CLEARANCE PROCESS.—Not later than 

6 180 days after the date of enactment of this Act, the Sec7 retary of the department in which the Coast Guard is oper8 ating shall develop an interim clearance process for 

9 issuance of a merchant mariner document to enable a newly 

10 hired seaman to begin working on an offshore supply vessel 

11 or towing vessel if the Secretary makes an initial deter12 mination that the seaman does not pose a safety and secu13 rity risk. 

14 (b) CONTENTS OF PROCESS.—The process under sub15 section (a) shall include a check against the consolidated 

16 and integrated terrorist watch list maintained by the Fed17 eral Government, review of the seaman’s criminal record, 

18 and review of the results of testing the seaman for use of 

19 a dangerous drug (as defined in section 2101 of title 46, 

20 United States Code) in violation of law or Federal regula21 tion. 

22 SEC. 18. MERCHANT MARINER ASSISTANCE REPORT. 

23 Not later than 180 days after the date of enactment 

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1 mit to the Committee on Transportation and Infrastructure 

2 of the House of Representatives and the Committee on Com3 merce, Science, and Transportation of the Senate a report 

4 regarding the feasibility of— 

5 (1) expanding the streamlined evaluation process 

6 program that was affiliated with the Houston Re7 gional Examination Center of the Coast Guard to all 

8 processing centers of the Coast Guard nationwide; 

9 (2) including proposals to simplify the applica10 tion process for a license as an officer, staff officer, or 

11 operator and for a merchant mariner’s document to 

12 help eliminate errors by merchant mariners when 

13 completing the application form (CG–719B), includ14 ing instructions attached to the application form and 

15 a modified application form for renewals with ques16 tions pertaining only to the period of time since the 

17 previous application; 

18 (3) providing notice to an applicant of the status 

19 of the pending application, including a process to 

20 allow the applicant to check on the status of the ap21 plication by electronic means; and 

22 (4) ensuring that all information collected with 

23 respect to applications for new or renewed licenses, 

24 merchant mariner documents, and certificates of reg25 istry is retained in a secure electronic format. 


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1 SEC. 19. OFFSHORE SUPPLY VESSELS. 

2 (a) DEFINITION.—Section 2101(19) of title 46, United 

3 States Code, is amended by striking ‘‘of more than 15 gross 

4 tons but less than 500 gross tons as measured under section 

5 14502 of this title, or an alternate tonnage measured under 

6 section 14302 of this title as prescribed by the Secretary 

7 under section 14104 of this title’’. 

8 (b) EXEMPTION.—Section 5209(b)(1) of the Oceans Act 

9 of 1992 (Public Law 102–587; 46 U.S.C. 2101 note) is 

10 amended by inserting before the period at the end the fol11 lowing: ‘‘of less than 500 gross tons as measured under sec12 tion 14502, or an alternate tonnage measured under section 

13 14302 of this title as prescribed by the Secretary under sec14 tion 14104 of this title’’. 

15 (c) REMOVAL OF TONNAGE LIMITS.— 

16 (1) ABLE SEAMEN-OFFSHORE SUPPLY VES17 SELS.—Section 7310 of title 46, United States Code, 

18 is amended by striking ‘‘of less than 500 gross tons 

19 as measured under section 14502 of this title, or an 

20 alternate tonnage measured under section 14302 of 

21 this title as prescribed by the Secretary under section 

22 14104 of this title’’. 

23 (2) SCALE OF EMPLOYMENT: ABLE SEAMEN.— 

24 Section 7312(d) of title 46, United States Code, is 

25 amended by striking ‘‘of less than 500 gross tons as 

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1 ternate tonnage measured under section 14302 of this 

2 title as prescribed by the Secretary under section 

3 14104 of this title’’. 

4 (d) WATCHES.—Section 8104 of title 46, United States 

5 Code, is amended— 

6 (1) in subsection (g), by inserting after ‘‘offshore 

7 supply vessel’’ the following: ‘‘of less than 500 gross 

8 tons as measured under section 14502 of this title, or 

9 less than 6,000 gross tons as measured under section 

10 14302 of this title as prescribed by the Secretary 

11 under section 14104 of this title’’; 

12 (2) in subsection (d), by inserting ‘‘(1)’’ after 

13 ‘‘(d)’’, and by adding at the end the following: 

14 ‘‘(2) Paragraph (1) does not apply to an offshore sup15 ply vessel of at least 6,000 gross tons as measured under 

16 section 14302 of this title if the individuals engaged on the 

17 vessel are in compliance with hours of service requirements 

18 (including recording and record-keeping of that service) 

19 prescribed by the Secretary.’’; and 

20 (3) in subsection (e), by striking ‘‘subsection (d)’’ 

21 and inserting ‘‘subsection (d)(1)’’. 

22 (e) MINIMUM NUMBER OF LICENSED INDIVIDUALS.— 

23 Section 8301(b) of title 46, United States Code, is amended 

24 to read as follows: 


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1 ‘‘(b)(1) An offshore supply vessel of less than 6,000 

2 gross tons, as measured under section 14302 of this title, 

3 on a voyage of less than 600 miles shall have at least one 

4 licensed mate. Such a vessel on a voyage of 600 miles or 

5 more shall have two licensed mates. 

6 ‘‘(2) An offshore supply vessel of more than 200 gross 

7 tons as measured under section 14502 of this title, or an 

8 alternate tonnage measured under section 14302 of this title 

9 as prescribed by the Secretary under section 14104 of this 

10 title, may not be operated without a licensed engineer. 

11 ‘‘(3) An offshore supply vessel shall have at least one 

12 mate. Additional mates on an offshore supply vessel of at 

13 least 6,000 gross tons as measured under section 14302 of 

14 this title shall be prescribe in accordance with hours of serv15 ice requirements (including recording and record-keeping of 

16 that service) prescribed by the Secretary.’’. 

17 (f) REGULATIONS.— 

18 (1) IN GENERAL.—The Secretary of the depart19 ment in which the Coast Guard is operating shall 

20 promulgate regulations to implement the amendments 

21 enacted by this section and chapter 37 of title 46, 

22 United States Code, for offshore supply vessels of at 

23 least 6,000 gross tons, before January 1, 2010. 

24 (2) INTERIM FINAL RULE AUTHORITY.—The Sec25 retary shall issue an interim final rule as a temVerDate Nov 24 2008 21:10 Dec 03, 2009 Jkt 089200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6203 E:\BILLS\H2652.RH H2652

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1 porary regulation implementing this section (includ2 ing the amendments made by this section), and chap3 ter 37 of title 46, United States Code, for offshore sup4 ply vessels of at least 6,000 gross tons, as soon as 

5 practicable after the date of enactment of this section, 

6 without regard to the provisions of chapter 5 of title 

7 5, United States Code. All regulations prescribed 

8 under the authority of this paragraph that are not 

9 earlier superseded by final regulations shall expire 

10 not later than 1 year after the date of enactment of 

11 this Act. 

12 (3) INITIATION OF RULEMAKING.—The Secretary 

13 may initiate a rulemaking to implement this section 

14 (including the amendments made by this section), 

15 and chapter 37 of title 46, United States Code, for off16 shore supply vessels of at least 6,000 gross tons, as 

17 soon as practicable after the date of enactment of this 

18 section. The final rule issued pursuant to that rule19 making may supersede the interim final rule promul20 gated under this subsection. 

21 (4) INTERIM PERIOD.—After the date of enact22 ment of this Act and prior to the effective date of the 

23 regulations promulgated to implement the amend24 ments enacted by this section under paragraph (2), 

25 and notwithstanding the tonnage limits of applicable 


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1 regulations promulgated prior to the date of enact2 ment of this Act, the Secretary may— 

3 (A) issue a certificate of inspection under 

4 section 3309 of title 46, United States Code, to 

5 an offshore supply vessel of at least 500 gross 

6 tons as measured under section 14502 of title 46, 

7 United States Code, or of at least 6,000 gross 

8 tons as measured under section 14302 of title 46, 

9 United States Code, if the Secretary determines 

10 that such vessel’s arrangements, equipment, clas11 sification, and certifications provide for the safe 

12 carriage of individuals in addition to the crew 

13 and oil and hazardous substances, taking into 

14 consideration the characteristics of offshore sup15 ply vessels, their methods of operation, and their 

16 service in support of exploration, exploitation, or 

17 production of offshore mineral or energy re18 sources; 

19 (B) for the purpose of enforcing chapter 37 

20 of title 46, United States Code, use tank vessel 

21 standards for offshore supply vessels of at least 

22 6,000 gross tons after considering the character23 istics, methods of operation, and nature of the 

24 service of the vessel; and 


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1 (C) authorize a master, mate, or engineer 

2 whom the Secretary decides possesses the experi3 ence on an offshore supply vessel under 6,000 

4 gross tons to serve on an offshore supply vessel 

5 over at least 6,000 gross tons. 

6 SEC. 20. ASSOCIATED EQUIPMENT. 

7 Section 2101(1)(B) of title 46, United States Coded, 

8 is amended by inserting ‘‘with the exception of emergency 

9 locator beacons,’’ before ‘‘does’’. 

10 SEC. 21. LIFESAVING DEVICES ON UNINSPECTED VESSELS. 

11 Section 4102(b) of title 46, United States Code, is 

12 amended to read as follows: 

13 ‘‘(b) The Secretary shall prescribe regulations requir14 ing the installation, maintenance, and use of life preservers 

15 and other lifesaving devices for individuals on board 

16 uninspected vessels.’’. 

17 SEC. 22. STUDY OF BLENDED FUELS IN MARINE APPLICA18 TION. 

19 (a) SURVEY.— 

20 (1) IN GENERAL.—Not later than 180 days after 

21 the date of enactment of this Act, the Secretary of 

22 Homeland Security, acting through the Commandant 

23 of the Coast Guard, shall submit a survey of pub24 lished data and reports, pertaining to the use, safety, 

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1 tions, to the Committee on Transportation and Infra2 structure of the House of Representatives and the 

3 Committees on Commerce, Science, and Transpor4 tation of the Senate. 

5 (2) INCLUDED INFORMATION.—To the extent pos6 sible, the survey required in subsection (a), shall in7 clude data and reports on— 

8 (A) the impact of blended fuel on the oper9 ation, durability, and performance of rec10 reational and commercial marine engines, ves11 sels, and marine engine and vessel components 

12 and associated equipment; 

13 (B) the safety impacts of blended fuels on 

14 consumers that own and operate recreational 

15 and commercial marine engines and marine en16 gine components and associated equipment; and 

17 (C) to the extent available, fires and explo18 sions on board vessels propelled by engines using 

19 blended fuels. 

20 (b) STUDY.— 

21 (1) IN GENERAL.—Not later than 36 months 

22 after the date of enactment of this Act, the Secretary, 

23 acting through the Commandant, shall conduct a 

24 comprehensive study on the use, safety, and perform25 ance of blended fuels in marine applications. The SecVerDate Nov 24 2008 21:10 Dec 03, 2009 Jkt 089200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6203 E:\BILLS\H2652.RH H2652

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1 retary is authorized to conduct such study in conjunc2 tion with— 

3 (A) any other Federal agency; 

4 (B) any State government or agency; 

5 (C) any local government or agency, includ6 ing local police and fire departments; and 

7 (D) any private entity, including engine 

8 and vessel manufacturers. 

9 (2) EVALUATION.—The study shall include an 

10 evaluation of— 

11 (A) the impact of blended fuel on the oper12 ation, durability and performance of rec13 reational and commercial marine engines, ves14 sels, and marine engine and vessel components 

15 and associated equipment; 

16 (B) the safety impacts of blended fuels on 

17 consumers that own and operate recreational 

18 and commercial marine engines and marine en19 gine components and associated equipment; and 

20 (C) fires and explosions on board vessels 

21 propelled by engines using blended fuels. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to the Secretary of Homeland 

24 Security to carry out the survey and study under this sec25 tion $1,000,000. 


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1 SEC. 23. RENEWAL OF ADVISORY COMMITTEES. 

2 (a) GREAT LAKES PILOTAGE ADVISORY COM3 MITTEE.—Section 9307(f)(1) of title 46, United States 

4 Code, is amended by striking ‘‘September 30, 2010.’’ and 

5 inserting ‘‘September 30, 2020.’’. 

6 (b) NATIONAL BOATING SAFETY ADVISORY COUN7 CIL.—Section 13110 of title 46, United States Code, is 

8 amended— 

9 (1) in subsection (d), by striking the first sen10 tence; and 

11 (2) in subsection (e), by striking ‘‘September 30, 

12 2010.’’ and inserting ‘‘September 30, 2020.’’. 

13 (c) HOUSTON-GALVESTON NAVIGATION SAFETY ADVI14 SORY COMMITTEE.—Section 18(h) of the Coast Guard Au15 thorization Act of 1991 (Public Law 102–241 as amended 

16 by Public Law 104–324) is amended by striking ‘‘Sep17 tember 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 

18 (d) LOWER MISSISSIPPI RIVER WATERWAY SAFETY

19 ADVISORY COMMITTEE.—Section 19 of the Coast Guard Au20 thorization Act of 1991 (Public Law 102–241) is amend21 ed— 

22 (1) in subsection (b)— 

23 (A) in the matter preceding paragraph (1), 

24 by striking ‘‘twenty-four’’ and inserting ‘‘twenty25 five’’; and 


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

2 paragraph: 

3 ‘‘(12) One member representing the Associated 

4 Federal Pilots and Docking Masters of Louisiana.’’; 

5 and 

6 (2) in subsection (g), by striking ‘‘September 30, 

7 2010.’’ and inserting ‘‘September 30, 2020.’’. 

8 (e) TOWING SAFETY ADVISORY COMMITTEE.—The Act 

9 to Establish a Towing Safety Advisory Committee in the 

10 Department of Transportation (33 U.S.C. 1231a) is amend11 ed— 

12 (1) by striking subsection (a) and inserting the 

13 following: 

14 ‘‘(a) There is established a Towing Safety Advisory 

15 Committee (hereinafter referred to as the ‘Committee’). The 

16 Committee shall consist of eighteen members with par17 ticular expertise, knowledge, and experience regarding shal18 low-draft inland and coastal waterway navigation and tow19 ing safety as follows: 

20 ‘‘(1) Seven members representing the barge and 

21 towing industry, reflecting a regional geographic bal22 ance. 

23 ‘‘(2) One member representing the offshore min24 eral and oil supply vessel industry. 


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1 ‘‘(3) One member representing holders of active 

2 licensed Masters or Pilots of towing vessels with expe3 rience on the Western Rivers and the Gulf Intra4 coastal Waterway. 

5 ‘‘(4) One member representing the holders of ac6 tive licensed Masters of towing vessels in offshore serv7 ice. 

8 ‘‘(5) One member representing Masters who are 

9 active ship-docking or harbor towing vessel. 

10 ‘‘(6) One member representing licensed or unli11 censed towing vessel engineers with formal training 

12 and experience. 

13 ‘‘(7) Two members representing each of the fol14 lowing groups: 

15 ‘‘(A) Port districts, authorities, or terminal 

16 operators. 

17 ‘‘(B) Shippers (of whom at least one shall 

18 be engaged in the shipment of oil or hazardous 

19 materials by barge). 

20 ‘‘(8) Two members representing the general pub21 lic.’’; and 

22 (2) in subsection (e), by striking ‘‘September 30, 

23 2010.’’ and inserting ‘‘September 30, 2020.’’. 


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1 (f) NAVIGATION SAFETY ADVISORY COUNCIL.—Section 

2 5 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 

3 2073) is amended— 

4 (1) by striking subsections (a) and (b) and in5 serting the following: 

6 ‘‘(a) ESTABLISHMENT OF COUNCIL.— 

7 ‘‘(1) IN GENERAL.—The Secretary of the depart8 ment in which the Coast Guard is operating shall es9 tablish a Navigation Safety Advisory Council (herein10 after referred to as the ‘Council’), consisting of not 

11 more than 21 members. All members shall have exper12 tise in Inland and International vessel navigation 

13 Rules of the Road, aids to maritime navigation, mar14 itime law, vessel safety, port safety, or commercial 

15 diving safety. Upon appointment, all non-Federal 

16 members shall be designated as representative mem17 bers to represent the viewpoints and interests of one 

18 of the following groups or organizations: 

19 ‘‘(A) Commercial vessel owners or operators. 

20 ‘‘(B) Professional mariners. 

21 ‘‘(C) Recreational boaters. 

22 ‘‘(D) The recreational boating industry. 

23 ‘‘(E) State agencies responsible for vessel or 

24 port safety. 

25 ‘‘(F) The Maritime Law Association. 


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1 ‘‘(2) PANELS.—Additional persons may be ap2 pointed to panels of the Council to assist the Council 

3 in performance of its functions. 

4 ‘‘(3) NOMINATIONS.—The Secretary, through the 

5 Coast Guard Commandant, shall not less often than 

6 once a year publish a notice in the Federal Register 

7 soliciting nominations for membership on the Coun8 cil. 

9 ‘‘(b) FUNCTIONS.—The Council shall advise, consult 

10 with, and make recommendations to the Secretary, through 

11 the Coast Guard Commandant, on matters relating to mar12 itime collisions, rammings, groundings, Inland Rules of the 

13 Road, International Rules of the Road, navigation regula14 tions and equipment, routing measures, marine informa15 tion, diving safety, and aids to navigation systems. Any 

16 advice and recommendations made by the Council to the 

17 Secretary shall reflect the independent judgment of the 

18 Council on the matter concerned. The Council shall meet 

19 at the call of the Coast Guard Commandant, but in any 

20 event not less than twice during each calendar year. All 

21 proceedings of the Council shall be public, and a record of 

22 the proceedings shall be made available for public inspec23 tion.’’; and 

24 (2) in subsection (d), by striking ‘‘September 30, 

25 2010.’’ and inserting ‘‘September 30, 2020.’’. 


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srobinson on DSKHWCL6B1PROD with BILLS
Union Calendar No. 202 

111TH CONGRESS 

1ST SESSION H. R. 2652 

[Report No. 111–351] 

A BILL 

To amend title 46, United States Code, to improve 

vessel safety, and for other purposes. 

DECEMBER 3, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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