I 

111TH CONGRESS 

1ST SESSION H. R. 2652 

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 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 of 2009’’. 

6 SEC. 2. VESSEL SIZE LIMITS. 

7 (a) LENGTH, TONNAGE, AND HORSEPOWER.—Sec8 tion 12113(d)(2) of title 46, United States Code, is 

9 amended— 


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

2 the end of subparagraph (A)(i); 

3 (2) by striking ‘‘and’’ at the end of subpara4 graph (A)(ii); 

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

6 (4) by striking the period at the end of sub7 paragraph (B) and inserting ‘‘; or’’; and 

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

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

10 a replacement vessel under section 208(g) of 

11 the American Fisheries Act (title II of division 

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

13 627) and is eligible for a fishery endorsement 

14 under this section.’’. 

15 (b) CONFORMING AMENDMENTS.— 

16 (1) VESSEL REBUILDING AND REPLACE17 MENT.—Section 208(g) of the American Fisheries 

18 Act (title II of division C of Public Law 105–277; 

19 112 Stat. 2681–627) is amended to read as follows: 

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

21 ‘‘(1) IN GENERAL.— 

22 ‘‘(A) REBUILD OR REPLACE.—Notwith23 standing any limitation to the contrary on re24 placing, rebuilding, or lengthening vessels or 

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1 ment vessel contained in sections 679.2 and 

2 679.4 of title 50, Code of Federal Regulations, 

3 as in effect on the date of enactment of the 

4 Maritime Safety Act of 2009 and except as pro5 vided in paragraph (4), the owner of a vessel el6 igible under subsection (a), (b), (c), (d), or (e) 

7 (other than paragraph (21)), in order to im8 prove vessel safety and operational efficiencies 

9 (including fuel efficiency), may rebuild or re10 place that vessel (including fuel efficiency) with 

11 a vessel documented with a fishery endorsement 

12 under section 12113 of title 46, United States 

13 Code. 

14 ‘‘(B) SAME REQUIREMENTS.—The rebuilt 

15 or replacement vessel shall be eligible in the 

16 same manner and subject to the same restric17 tions and limitations under such subsection as 

18 the vessel being rebuilt or replaced. 

19 ‘‘(C) TRANSFER OF PERMITS AND LI20 CENSES.—Each fishing permit and license held 

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

22 or replaced under subparagraph (A) shall be 

23 transferred to the rebuilt or replacement vessel. 

24 ‘‘(2) RECOMMENDATIONS OF NORTH PACIFIC

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1 cific Fishery Management Council may recommend 

2 for approval by the Secretary such conservation and 

3 management measures, including size limits and 

4 measures to control fishing capacity, in accordance 

5 with the Magnuson-Stevens Act as it considers nec6 essary to ensure that this subsection does not dimin7 ish the effectiveness of fishery management plans of 

8 the Bering Sea and Aleutian Islands Management 

9 Area or the Gulf of Alaska. 

10 ‘‘(3) SPECIAL RULE FOR REPLACEMENT OF

11 CERTAIN VESSELS.— 

12 ‘‘(A) IN GENERAL.—Notwithstanding the 

13 requirements of subsections (b)(2), (c)(1), and 

14 (c)(2) of section 12113 of title 46, United 

15 States Code, a vessel that is eligible under sub16 section (a), (b), (c), (d), or (e) (other than 

17 paragraph (21)) and that qualifies to be docu18 mented with a fishery endorsement pursuant to 

19 section 203(g) or 213(g) may be replaced with 

20 a replacement vessel under paragraph (1) if the 

21 vessel that is replaced is validly documented 

22 with a fishery endorsement pursuant to section 

23 203(g) or 213(g) before the replacement vessel 

24 is documented with a fishery endorsement 


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1 under section 12113 of title 46, United States 

2 Code. 

3 ‘‘(B) APPLICABILITY.—A replacement ves4 sel under subparagraph (A) and its owner and 

5 mortgagee are subject to the same limitations 

6 under section 203(g) or 213(g) that are appli7 cable to the vessel that has been replaced and 

8 its owner and mortgagee. 

9 ‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER

10 VESSELS.— 

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

12 covered vessel described in subparagraph (B) is 

13 prohibited from harvesting fish in any fishery 

14 (except for the Pacific whiting fishery) managed 

15 under the authority of any Regional Fishery 

16 Management Council (other than the North Pa17 cific Fishery Management Council) established 

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

19 Act. 

20 ‘‘(B) COVERED VESSELS.—A covered ves21 sel referred to in subparagraph (A) is— 

22 ‘‘(i) a vessel eligible under subsection 

23 (a), (b), or (c) that is replaced under para24 graph (1); or 


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1 ‘‘(ii) a vessel eligible under subsection 

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

3 its registered length, gross tonnage, or 

4 shaft horsepower. 

5 ‘‘(5) LIMITATION ON FISHERY ENDORSE6 MENTS.—Any vessel that is replaced under this sub7 section shall thereafter not be eligible for a fishery 

8 endorsement under section 12113 of title 46, United 

9 States Code, unless that vessel is also a replacement 

10 vessel described in paragraph (1). 

11 ‘‘(6) GULF OF ALASKA LIMITATION.—Notwith12 standing paragraph (1), the Secretary shall prohibit 

13 from participation in the groundfish fisheries of the 

14 Gulf of Alaska any vessel that is rebuilt or replaced 

15 under this subsection and that exceeds the maximum 

16 length overall specified on the license that authorizes 

17 fishing for groundfish pursuant to the license limita18 tion program under part 679 of title 50, Code of 

19 Federal Regulations, as in effect on the date of en20 actment of the Maritime Safety Act of 2009. 

21 ‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Noth22 ing in this section shall be construed to diminish or 

23 otherwise affect the authority of the Pacific Council 

24 to recommend to the Secretary conservation and 

25 management measures to protect fisheries under its 


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1 jurisdiction (including the Pacific whiting fishery) 

2 and participants in such fisheries from adverse im3 pacts caused by this Act.’’. 

4 (2) EXEMPTION OF CERTAIN VESSELS.—Sec5 tion 203(g) of the American Fisheries Act (title II 

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

7 2681–620) is amended— 

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

9 States official number 651041)’’; 

10 (B) by striking ‘‘, NORTHERN TRAV11 ELER (United States official number 635986), 

12 and NORTHERN VOYAGER (United States 

13 official number 637398) (or a replacement ves14 sel for the NORTHERN VOYAGER that com15 plies with paragraphs (2), (5), and (6) of sec16 tion 208(g) of this Act)’’; and 

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

18 NORTHERN’’ and all that follows through 

19 ‘‘PHOENIX,’’. 

20 (3) FISHERY COOPERATIVE EXIT PROVI21 SIONS.—Section 210(b) of the American Fisheries 

22 Act (title II of division C of Public Law 105–277; 

23 112 Stat. 2681–629) is amended— 


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1 (A) by moving the matter beginning with 

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

3 the right; and 

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

5 ‘‘(7) FISHERY COOPERATIVE EXIT PROVI6 SIONS.— 

7 ‘‘(A) FISHING ALLOWANCE DETERMINA8 TION.—For purposes of determining the aggre9 gate percentage of directed fishing allowances 

10 under paragraph (1), when a catcher vessel is 

11 removed from the directed pollock fishery, the 

12 fishery allowance for pollock for the vessel being 

13 removed— 

14 ‘‘(i) shall be based on the catch his15 tory determination for the vessel made 

16 pursuant to section 679.62 of title 50, 

17 Code of Federal Regulations, as in effect 

18 on the date of enactment of the Maritime 

19 Safety Act of 2009; and 

20 ‘‘(ii) shall be assigned, for all pur21 poses under this title, in the manner speci22 fied by the owner of the vessel being re23 moved to any other catcher vessel or 

24 among other catcher vessels participating 

25 in the fishery cooperative if such vessel or 


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1 vessels remain in the fishery cooperative 

2 for at least one year after the date on 

3 which the vessel being removed leaves the 

4 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 ves12 sel for any permit to participate in any fishery 

13 within the exclusive economic zone of the 

14 United States shall be extinguished, unless such 

15 removed vessel is thereafter designated to re16 place a vessel to be removed pursuant to this 

17 paragraph. 

18 ‘‘(C) LIMITATIONS ON STATUTORY CON19 STRUCTION.—Nothing in this paragraph shall 

20 be construed— 

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

22 States official number 905625), DONA 

23 MARTITA (United States official number 

24 651751), NORDIC EXPLORER (United 

25 States official number 678234), and 


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1 PROVIDIAN (United States official num2 ber 1062183) ineligible for a fishery en3 dorsement or any permit necessary to par4 ticipate in any fishery under the authority 

5 of the New England Fishery Management 

6 Council or the Mid-Atlantic Fishery Man7 agement Council established, respectively, 

8 under subparagraphs (A) and (B) of sec9 tion 302(a)(1) of the Magnuson-Stevens 

10 Act; or 

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

12 clause (i) to participate in any fishery 

13 under the authority of the Councils re14 ferred to in clause (i) in any manner that 

15 is not consistent with the fishery manage16 ment plan for the fishery developed by the 

17 Councils under section 303 of the Magnu18 son-Stevens Act.’’. 

19 SEC. 3. COLD WEATHER SURVIVAL TRAINING. 

20 (a) REPORT.—The Commandant of the Coast Guard 

21 shall report to the Committee on Transportation and In22 frastructure of the House of Representatives and the Com23 mittee on Commerce, Science, and Transportation of the 

24 Senate on the efficacy of cold weather survival training 

25 conducted by the Coast Guard in Coast Guard District 


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1 17 over the preceding 5 years. The report shall include 

2 plans for conducting such training in fiscal years 2010 

3 through 2013. 

4 (b) AUTHORIZATION OF APPROPRIATIONS FOR

5 TRAINING.—There are authorized to be appropriated to 

6 the Secretary of Homeland Security $150,000 to carry out 

7 cold weather survival training in Coast Guard District 17. 

8 SEC. 4. FISHING VESSEL SAFETY. 

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

10 United States Code, is amended— 

11 (1) in subsection (a), by— 

12 (A) striking paragraphs (6) and (7) and 

13 inserting the following: 

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

15 risk of injury to the crew during vessel operations, 

16 if the Secretary determines that a risk of serious in17 jury exists that can be eliminated or mitigated by 

18 that equipment; and’’; and 

19 (B) redesignating paragraph (8) as para20 graph (7); 

21 (2) in subsection (b)— 

22 (A) in paragraph (1) in the matter pre23 ceding subparagraph (A), by striking ‘‘docu24 mented’’; 


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

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

3 from the baseline from which the territorial sea 

4 of the United States is measured or beyond 3 

5 nautical miles from the coastline of the Great 

6 Lakes’’; 

7 (C) in paragraph (2)(B), by striking ‘‘life8 boats or liferafts’’ and inserting ‘‘a survival 

9 craft that ensures that no part of an individual 

10 is immersed in water’’; 

11 (D) in paragraph (2)(D), by inserting 

12 ‘‘marine’’ before ‘‘radio’’; 

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

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

15 and inserting ‘‘nautical charts, and publica16 tions’’; 

17 (F) in paragraph (2)(F), by striking ‘‘, in18 cluding medicine chests’’ and inserting ‘‘and 

19 medical supplies sufficient for the size and area 

20 of operation of the vessel’’ and 

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

22 as follows: 

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

24 (3) by amending subsection (f) to read as fol25 lows: 


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

2 this chapter, the Secretary— 

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

4 vessel described in subsection (b) to keep a record 

5 of equipment maintenance, and required instruction 

6 and drills; and 

7 ‘‘(2) shall examine at dockside a vessel de8 scribed in subsection (b) at least once every 2 years, 

9 and shall issue a certificate of compliance to a vessel 

10 meeting the requirements of this chapter.’’; and 

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

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

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

14 by the Secretary that meets the requirements in para15 graph (2) of this subsection and hold a valid certificate 

16 issued under that program. 

17 ‘‘(2) The training program shall— 

18 ‘‘(A) be based on professional knowledge and 

19 skill obtained through sea service and hands-on 

20 training, including training in seamanship, stability, 

21 collision prevention, navigation, fire fighting and 

22 prevention, damage control, personal survival, emer23 gency medical care, emergency drills, and weather; 

24 ‘‘(B) require an individual to demonstrate abil25 ity to communicate in an emergency situation and 


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1 understand information found in navigation publica2 tions; 

3 ‘‘(C) recognize and give credit for recent past 

4 experience in fishing vessel operation; and 

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

6 individual that has successfully completed the pro7 gram. 

8 ‘‘(3) The Secretary shall prescribe regulations imple9 menting this subsection. The regulations shall require that 

10 individuals who are issued a certificate under paragraph 

11 (2)(D) must complete refresher training at least once 

12 every 5 years as a condition of maintaining the validity 

13 of the certificate. 

14 ‘‘(4) The Secretary shall establish a publicly acces15 sible electronic database listing the names of individuals 

16 who have participated in and received a certificate con17 firming successful completion of a training program ap18 proved by the Secretary under this section. 

19 ‘‘(h) A vessel to which this chapter applies shall be 

20 constructed in a manner that provides a level of safety 

21 equivalent to the minimum safety standards the Secretary 

22 may established for recreational vessels under section 

23 4302, if— 

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

25 vessel; 


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

2 length; and 

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

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

5 Training Grants Program to provide funding to munici6 palities, port authorities, other appropriate public entities, 

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

8 that provide commercial fishing safety training— 

9 ‘‘(A) to conduct fishing vessel safety training 

10 for vessel operators and crewmembers that— 

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

12 the requirements of subsection (g); and 

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

14 the requirements of subsection (g)(2)(A), such 

15 requirements of subsection (g)(2)(B) as are ap16 propriate for crewmembers, and the require17 ments of subsections (g)(2)(D), (g)(3), and 

18 (g)(4); and 

19 ‘‘(B) for purchase of safety equipment and 

20 training aids for use in those fishing vessel safety 

21 training programs. 

22 ‘‘(2) The Secretary shall award grants under this 

23 subsection on a competitive basis. 


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1 ‘‘(3) The Federal share of the cost of any activity 

2 carried out with a grant under this subsection shall not 

3 exceed 75 percent. 

4 ‘‘(4) There is authorized to be appropriated 

5 $3,000,000 for each of fiscal years 2010 through 2014 

6 for grants under this subsection. 

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

8 Research Grant Program to provide funding to individuals 

9 in academia, members of non-profit organizations and 

10 businesses involved in fishing and maritime matters, and 

11 other persons with expertise in fishing safety, to conduct 

12 research on methods of improving the safety of the com13 mercial fishing industry, including vessel design, emer14 gency and survival equipment, enhancement of vessel mon15 itoring systems, communications devices, de-icing tech16 nology, and severe weather detection. 

17 ‘‘(2) The Secretary shall award grants under this 

18 subsection on a competitive basis. 

19 ‘‘(3) The Federal share of the cost of any activity 

20 carried out with a grant under this subsection shall not 

21 exceed 75 percent. 

22 ‘‘(4) There is authorized to be appropriated 

23 $3,000,000 for each fiscal years 2010 through 2014 for 

24 activities under this subsection.’’. 


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

2 title 46, United States Code, is repealed. 

3 (c) ADVISORY COMMITTEE.— 

4 (1) CHANGE OF NAME.—Section 4508 of title 

5 46, United States Code, is amended— 

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

8 ‘‘§ 4508. Commercial Fishing Safety Advisory Com9 mittee’’; 

10 and 

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

12 Vessel’’. 

13 (2) MEMBERSHIP REQUIREMENTS.—Section 

14 4508(b)(1) of that title is amended— 

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

16 ‘‘eighteen’’; 

17 (B) in subparagraph (A)— 

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

19 by striking ‘‘from the commercial fishing 

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

21 represent the commercial fishing industry 

22 and who—’’; and 

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

24 uninspected’’ and inserting ‘‘a’’; 


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1 (C) by striking subparagraph (B) and in2 serting the following: 

3 ‘‘(B) three members who shall represent the 

4 general public, including, whenever possible— 

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

6 maritime safety; 

7 ‘‘(ii) a marine surveyor who provides serv8 ices to vessels to which this chapter applies; and 

9 ‘‘(iii) a person familiar with issues affect10 ing fishing communities and families of fisher11 men;’’; and 

12 (D) in subparagraph (C)— 

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

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

15 inserting ‘‘each of whom shall represent— 

16 ’’; 

17 (ii) in clause (i), by striking ‘‘or ma18 rine surveyors;’’ and inserting ‘‘and marine 

19 engineers;’’; 

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

21 after the semicolon at the end; 

22 (iv) in clause (iv), by striking the pe23 riod at the end and inserting ‘‘; and’’; and 

24 (v) by adding at the end the following 

25 new clause: 


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

2 chapter applies.’’. 

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

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

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

6 (4) CLERICAL AMENDMENT.—The table of sec7 tion at the beginning of chapter 45 of title 46, 

8 United States Code, is amended by striking the item 

9 relating to such section and inserting the following: 

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

10 (d) LOADLINES FOR VESSELS 79 FEET OR GREATER

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

12 States Code, is amended by inserting after ‘‘vessel’’ the 

13 following ‘‘, unless the vessel is built or undergoes a major 

14 conversion completed after July 1, 2010’’. 

15 (e) CLASSING OF VESSELS.— 

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

17 United States Code, is amended— 

18 (A) by striking the section heading and in19 serting the following: 

20 ‘‘§ 4503. Fishing, fish tender, and fish processing ves21 sel certification’’; 

22 (B) in subsection (a) by striking ‘‘fish 

23 processing’’; and 

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


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

2 4502(b) of this title applies that is at least 50 feet overall 

3 in length and— 

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

5 ‘‘(2) undergoes a major conversion completed 

6 after that date. 

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

8 processing vessel, or fish tender vessel to which section 

9 4502(b) of this title applies shall comply with an alternate 

10 safety compliance program that is developed in coopera11 tion with the commercial fishing industry and prescribed 

12 by the Secretary, if the vessel— 

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

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

15 ‘‘(C) is 25 years of age or older. 

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

17 developed for purposes of paragraph (1) for specific re18 gions and fisheries. 

19 ‘‘(3) A fishing vessel, fish processing vessel, or fish 

20 tender vessel to which section 4502(b) of this title applies 

21 that was classed before July 1, 2010, shall— 

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

23 classification society approved by the Secretary; and 

24 ‘‘(B) have on board a certificate from that soci25 ety.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tion at the beginning of chapter 45 of title 46, 

3 United States Code, is amended by striking the item 

4 relating to such section and inserting the following: 

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

5 (f) ALTERNATIVE SAFETY COMPLIANCE PROGRAM.— 

6 No later than January 1, 2017, the Secretary of the de7 partment in which the Coast Guard is operating shall pre8 scribe an alternative safety compliance program referred 

9 to in section 4503(d) of the title 46, United States Code, 

10 as amended by this section. 

11 SEC. 5. MARINER RECORDS. 

12 Section 7502 of title 46, United States Code, is 

13 amended— 

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

15 (2) by striking ‘‘computerized records’’ and in16 serting ‘‘records, including electronic records,’’; and 

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

18 ‘‘(b) The Secretary may prescribe regulations requir19 ing a vessel owner or managing operator of a commercial 

20 vessel, or the employer of a seaman on that vessel, to 

21 maintain records of each individual engaged on the vessel 

22 on matters of engagement, discharge, and service for not 

23 less than 5 years after the date of the completion of the 

24 service of that individual on the vessel. The regulations 

25 may require that a vessel owner, managing operator, or 


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1 employer shall make these records available to the indi2 vidual and the Coast Guard on request. 

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

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

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

6 SEC. 6. DELETION OF EXEMPTION OF LICENSE REQUIRE7 MENT FOR OPERATORS OF CERTAIN TOWING 

8 VESSELS. 

9 Section 8905 of title 46, United States Code, is 

10 amended— 

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

12 (2) by redesignating subsection (c) as sub13 section (b). 

14 SEC. 7. LOG BOOKS. 

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

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 11304. Additional logbook and entry requirements 

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

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

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

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

23 kept available for review by the Secretary on request. 

24 ‘‘(b) The log book required by subsection (a) shall 

25 include the following entries: 


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1 ‘‘(1) The time when each seaman and each offi2 cer assumed or relieved the watch. 

3 ‘‘(2) The number of hours in service to the ves4 sels of each seaman and each officer. 

5 ‘‘(3) An account of each accident, illness, and 

6 injury that occurs during each watch.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of such chapter is amended by adding 

9 at the end the following: 

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

10 SEC. 8. SAFE OPERATIONS AND EQUIPMENT STANDARDS. 

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

12 States Code, is amended by adding at the end the fol13 lowing new sections: 

14 ‘‘§ 2116. Termination for unsafe operation 

15 ‘‘An individual authorized to enforce this title— 

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

17 title from a vessel that is operating in a condition 

18 that does not comply with the provisions of the cer19 tificate; 

20 ‘‘(2) may order the individual in charge of a 

21 vessel that is operating that does not have on board 

22 the certificate required by this title to return the 

23 vessel to a mooring and to remain there until the 

24 vessel is in compliance with this title; and 


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

2 vessel to which this title applies to immediately take 

3 reasonable steps necessary for the safety of individ4 uals on board the vessel if the official observes the 

5 vessel being operated in an unsafe condition that the 

6 official believes creates an especially hazardous con7 dition, including ordering the individual in charge to 

8 return the vessel to a mooring and to remain there 

9 until the situation creating the hazard is corrected 

10 or ended. 

11 ‘‘§ 2117. Establishment of equipment standards 

12 ‘‘(a) In establishing standards for approved equip13 ment required on vessels subject to part B of this title, 

14 the Secretary shall establish standards that are— 

15 ‘‘(1) based on performance using the best avail16 able technology that is economically achievable; and 

17 ‘‘(2) operationally practical. 

18 ‘‘(b) Using the standards established under sub19 section (a), the Secretary may also certify lifesaving equip20 ment that is not required to be carried on vessels subject 

21 to part B of this title to ensure that such equipment is 

22 suitable for its intended purpose. 

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

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1 section (a) to ensure that the standards meet the require2 ments of this section.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of that title is amended by adding at the 

5 end the following: 

‘‘2116. Termination for unsafe operation. 

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

6 SEC. 9. APPROVAL OF SURVIVAL CRAFT. 

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

8 States Code, is amended by adding at the end the fol9 lowing new section: 

10 ‘‘§ 3104. Survival craft 

11 ‘‘(a) Except as provided in subsection (b), the Sec12 retary may not approve a survival craft as a safety device 

13 for purposes of this part, unless the craft ensures that 

14 no part of an individual is immersed in water. 

15 ‘‘(b) The Secretary may authorize a survival craft 

16 that does not provide protection described in subsection 

17 (a) to remain in service until not later than January 1, 

18 2015, if— 

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

20 January 1, 2010; and 

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


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of that title is amended by adding at the 

3 end the following: 

‘‘3104. Survival craft.’’. 

4 SEC. 10. SAFETY MANAGEMENT. 

5 (a) VESSELS TO WHICH REQUIREMENTS APPLY.— 

6 Section 3202 of title 46, United States Code, is amend7 ed— 

8 (1) in subsection (a) by striking the heading 

9 and inserting ‘‘FOREIGN VOYAGES AND FOREIGN

10 VESSELS.—’’; 

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

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

13 (3) by inserting after subsection (a) the fol14 lowing: 

15 ‘‘(b) OTHER PASSENGER VESSELS.—This chapter 

16 applies to a vessel that is— 

17 ‘‘(1) a passenger vessel or small passenger ves18 sel; and 

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

20 number prescribed by the Secretary based on the 

21 number of individuals on the vessel that could be 

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

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

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

25 (c)’’; 


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

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

3 this section’’ after ‘‘waters’’. 

4 (b) SAFETY MANAGEMENT SYSTEM.—Section 3203 

5 of title 46, United States Code, is amended by adding at 

6 the end the following new subsection: 

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

8 and small passenger vessels, the Secretary shall con9 sider— 

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

11 and nature of the service of these vessels; and 

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

13 sizes of the ferry systems within which the vessels 

14 operate.’’. 

15 SEC. 11. PROTECTION AGAINST DISCRIMINATION. 

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

17 States Code, is amended— 

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

19 after the semicolon; 

20 (2) in subsection (a)(1)(B), by striking the pe21 riod at the end and inserting a semicolon; 

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

23 the following new subparagraphs: 


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

2 brought to enforce a maritime safety law or regula3 tion prescribed under that law; 

4 ‘‘(D) the seaman notified, or attempted to no5 tify, the vessel owner or the Secretary of a work-re6 lated personal injury or work-related illness of a sea7 man; 

8 ‘‘(E) the seaman cooperated with a safety in9 vestigation by the Secretary or the National Trans10 portation Safety Board; 

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

12 Secretary, the National Transportation Safety 

13 Board, or any other public official as to the facts re14 lating to any marine casualty resulting in injury or 

15 death to an individual or damage to property occur16 ring in connection with vessel transportation; or 

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

18 duty under this part.’’; and 

19 (4) by amending subsection (b) to read as fol20 lows: 

21 ‘‘(b) A seaman alleging discharge or discrimination 

22 in violation of subsection (a) of this section, or another 

23 person at the seaman’s request, may file a complaint with 

24 respect to such allegation in the same manner as a com25 plaint may be filed under subsection (b) of section 31105 


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1 of title 49. Such complaint shall be subject to the proce2 dures, requirements, and rights described in that section, 

3 including with respect to the right to file an objection, the 

4 right of a person to file for a petition for review under 

5 subsection (c) of that section, and the requirement to 

6 bring a civil action under subsection (d) of that section.’’. 

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

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

9 States Code, as in effect before the date of enactment of 

10 this Act, to an action filed under that section before that 

11 date. 

12 SEC. 12. OIL FUEL TANK PROTECTION. 

13 Section 3306 of title 46, United States Code, is 

14 amended by adding at the end the following new sub15 section: 

16 ‘‘(k)(1) Each vessel of the United States that is con17 structed under a contract entered into after the date of 

18 enactment of the Maritime Safety Act of 2009, or that 

19 is delivered after January 1, 2011, with an aggregate ca20 pacity of 600 cubic meters or more of oil fuel, shall comply 

21 with the requirements of Regulation 12A under Annex I 

22 to the Protocol of 1978 relating to the International Con23 vention for the Prevention of Pollution from Ships, 1973, 

24 entitled ‘Oil Fuel Tank Protection.’ 


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1 ‘‘(2) The Secretary may prescribe regulations to 

2 apply the requirements described in Regulation 12A to 

3 vessels described in paragraph (1) that are not otherwise 

4 subject to that convention. Any such regulation shall be 

5 considered to be an interpretive rule for the purposes of 

6 section 553 of title 5. 

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

8 oil used as fuel in connection with the propulsion and aux9 iliary machinery of the vessel in which such oil is carried.’’. 

10 SEC. 13. OATHS. 

11 Sections 7105 and 7305 of title 46, United States 

12 Code, and the items relating to such sections in the anal13 ysis for chapters 71 and 73 of such title, are repealed. 

14 SEC. 14. DURATION OF CREDENTIALS. 

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

16 7302(f) of title 46, United States Code, is amended to 

17 read as follows: 

18 ‘‘(f) PERIODS OF VALIDITY AND RENEWAL OF MER19 CHANT MARINERS’ DOCUMENTS.— 

20 ‘‘(1) IN GENERAL.—Except as provided in sub21 section (g), a merchant mariner’s document issued 

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

23 may be renewed for additional 5-year periods. 

24 ‘‘(2) ADVANCE RENEWALS.—A renewed mer25 chant mariner’s document may be issued under this 


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1 chapter up to 8 months in advance but is not effec2 tive until the date that the previously issued mer3 chant mariner’s document expires or until the com4 pletion of any active suspension or revocation of that 

5 previously issued merchant mariner’s document, 

6 whichever is later.’’. 

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

8 title is amended to read as follows: 

9 ‘‘§ 7106. Duration of licenses 

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

11 is valid for a 5-year period and may be renewed for addi12 tional 5-year periods; except that the validity of a license 

13 issued to a radio officer is conditioned on the continuous 

14 possession by the holder of a first-class or second-class ra15 diotelegraph operator license issued by the Federal Com16 munications Commission. 

17 ‘‘(b) ADVANCE RENEWALS.—A renewed license 

18 issued under this part may be issued up to 8 months in 

19 advance but is not effective until the date that the pre20 viously issued license expires or until the completion of 

21 any active suspension or revocation of that previously 

22 issued merchant mariner’s document, whichever is later.’’. 

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

24 such title is amended to read as follows: 


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1 ‘‘§ 7107. Duration of certificates of registry 

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

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

4 renewed for additional 5-year periods; except that the va5 lidity of a certificate issued to a medical doctor or profes6 sional nurse is conditioned on the continuous possession 

7 by the holder of a license as a medical doctor or registered 

8 nurse, respectively, issued by a State. 

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

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

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

12 the previously issued certificate of registry expires or until 

13 the completion of any active suspension or revocation of 

14 that previously issued merchant mariner’s document, 

15 whichever is later.’’. 

16 SEC. 15. FINGERPRINTING. 

17 (a) MERCHANT MARINER LICENSES AND DOCU18 MENTS.—Chapter 75 of title 46, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘§ 7507. Fingerprinting 

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

22 Guard is operating may not require an individual to be 

23 fingerprinted for the issuance or renewal of a license, a 

24 certificate of registry, or a merchant mariner’s document 

25 under chapter 71 or 73 if the individual was fingerprinted 


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1 when the individual applied for a transportation security 

2 card under section 70105.’’. 

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

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

‘‘7507. Fingerprinting.’’. 

5 SEC. 16. AUTHORIZATION TO EXTEND THE DURATION OF 

6 LICENSES, CERTIFICATES OF REGISTRY, AND 

7 MERCHANT MARINERS’ DOCUMENTS. 

8 (a) MERCHANT MARINER LICENSES AND DOCU9 MENTS.—Chapter 75 of title 46, United States Code, as 

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

11 by adding at the end the following: 

12 ‘‘§ 7508. Authority to extend the duration of licenses, 

13 certificates of registry, and merchant 

14 mariner documents 

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

16 Notwithstanding sections 7106 and 7107, the Secretary 

17 of the department in which the Coast Guard is operating 

18 may— 

19 ‘‘(1) extend for not more than one year an ex20 piring license or certificate of registry issued for an 

21 individual under chapter 71 if the Secretary deter22 mines that the extension is required to enable the 

23 Coast Guard to eliminate a backlog in processing ap24 plications for those licenses or certificates of registry 


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1 or in response to a national emergency or natural 

2 disaster, as deemed necessary by the Secretary; or 

3 ‘‘(2) issue for not more than five years an ex4 piring license or certificate of registry issued for an 

5 individual under chapter 71 for the exclusive pur6 pose of aligning the expiration date of such license 

7 or certificate of registry with the expiration date of 

8 a merchant mariner’s document. 

9 ‘‘(b) MERCHANT MARINER DOCUMENTS.—Notwith10 standing section 7302(g), the Secretary may— 

11 ‘‘(1) extend for not more than one year an ex12 piring merchant mariner’s document issued for an 

13 individual under chapter 71 if the Secretary deter14 mines that the extension is required to enable the 

15 Coast Guard to eliminate a backlog in processing ap16 plications for those licenses or certificates of registry 

17 or in response to a national emergency or natural 

18 disaster, as deemed necessary by the Secretary; or 

19 ‘‘(2) issue for not more than five years an ex20 piring merchant mariner’s document issued for an 

21 individual under chapter 71 for the exclusive pur22 pose of aligning the expiration date of such mer23 chant mariner’s document with the expiration date 

24 of a merchant mariner’s document. 


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1 ‘‘(c) MANNER OF EXTENSION.—Any extensions 

2 granted under this section may be granted to individual 

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

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

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

6 by adding at the end the following: 

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

merchant mariner documents.’’. 

7 SEC. 17. MERCHANT MARINER DOCUMENTATION. 

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

9 180 days after the date of enactment of this Act, the Sec10 retary of the department in which the Coast Guard is op11 erating shall develop an interim clearance process for 

12 issuance of a merchant mariner document to enable a 

13 newly hired seaman to begin working on an offshore sup14 ply vessel or towing vessel if the Secretary makes an initial 

15 determination that the seaman does not pose a safety and 

16 security risk. 

17 (b) CONTENTS OF PROCESS.—The process under 

18 subsection (a) shall include a check against the consoli19 dated and integrated terrorist watch list maintained by the 

20 Federal Government, review of the seaman’s criminal 

21 record, and review of the results of testing the seaman 

22 for use of a dangerous drug (as defined in section 2101 

23 of title 46, United States Code) in violation of law or Fed24 eral regulation. 


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1 SEC. 18. MERCHANT MARINER ASSISTANCE REPORT. 

2 Not later than 180 days after the date of enactment 

3 of this Act, the Commandant of the Coast Guard shall 

4 submit to the Committee on Transportation and Infra5 structure of the House of Representatives and the Com6 mittee on Commerce, Science, and Transportation of the 

7 Senate a report regarding the feasibility of— 

8 (1) expanding the streamlined evaluation proc9 ess program that was affiliated with the Houston 

10 Regional Examination Center of the Coast Guard to 

11 all processing centers of the Coast Guard nation12 wide; 

13 (2) including proposals to simplify the applica14 tion process for a license as an officer, staff officer, 

15 or operator and for a merchant mariner’s document 

16 to help eliminate errors by merchant mariners when 

17 completing the application form (CG–719B), includ18 ing instructions attached to the application form and 

19 a modified application form for renewals with ques20 tions pertaining only to the period of time since the 

21 previous application; 

22 (3) providing notice to an applicant of the sta23 tus of the pending application, including a process to 

24 allow the applicant to check on the status of the ap25 plication by electronic means; and 


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1 (4) ensuring that all information collected with 

2 respect to applications for new or renewed licenses, 

3 merchant mariner documents, and certificates of 

4 registry is retained in a secure electronic format. 

5 SEC. 19. PILOT REQUIRED. 

6 Section 8502(g) of title 46, United States Code, is 

7 amended— 

8 (1) in paragraph (1), by inserting ‘‘and Buz9 zards Bay, Massachusetts’’ before ‘‘, if any,’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(3) In any area of Buzzards Bay, Massachu12 setts, where a single-hull tanker or tank vessel car13 rying 5,000 or more barrels of oil or other haz14 ardous material is required to be under the direction 

15 and control of a pilot, the pilot may not be a mem16 ber of the crew of that vessel, and shall be a pilot 

17 licensed— 

18 ‘‘(A) by the State of Massachusetts who is 

19 operating under a Federal first class pilot’s li20 cense; or 

21 ‘‘(B) under section 7101 of this title who 

22 has made at least 20 round trips on a vessel as 

23 a quartermaster, wheelsman, able seaman, or 

24 apprentice pilot, or in an equivalent capacity, 

25 including— 


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1 ‘‘(i) at least 1 round trip through 

2 Buzzards Bay in the preceding 12-month 

3 period; and 

4 ‘‘(ii) if the vessel will be navigating in 

5 periods of darkness in an area of Buzzards 

6 Bay where a vessel is required by regula7 tion to have a pilot, at least 5 round trips 

8 through Buzzards Bay during periods of 

9 darkness.’’. 

10 SEC. 20. OFFSHORE SUPPLY VESSELS. 

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

12 United States Code, is amended by striking ‘‘of more than 

13 15 gross tons but less than 500 gross tons as measured 

14 under section 14502 of this title, or an alternate tonnage 

15 measured under section 14302 of this title as prescribed 

16 by the Secretary under section 14104 of this title’’. 

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

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

19 is amended by inserting before the period at the end the 

20 following: ‘‘of less than 500 gross tons as measured under 

21 section 14502, or an alternate tonnage measured under 

22 section 14302 of this title as prescribed by the Secretary 

23 under section 14104 of this title.’’. 

24 (c) REMOVAL OF TONNAGE LIMITS.— 


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1 (1) ABLE SEAMEN-OFFSHORE SUPPLY VES2 SELS.—Section 7310 of title 46, United States 

3 Code, is amended by striking ‘‘of less than 500 gross 

4 tons as measured under section 14502 of this title, 

5 or an alternate tonnage measured under section 

6 14302 of this title as prescribed by the Secretary 

7 under section 14104 of this title’’. 

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

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

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

11 measured under section 14502 of this title, or an al12 ternate tonnage measured under section 14302 of 

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

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

16 States Code, is amended— 

17 (1) in subsection (g), by inserting after ‘‘off18 shore supply vessel’’ the following: ‘‘of less than 500 

19 gross tons as measured under section 14502 of this 

20 title, or less than 6,000 gross tons as measured 

21 under section 14302 of this title as prescribed by the 

22 Secretary under section 14104 of this title,’’; 

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

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


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1 ‘‘(2) Paragraph (1) does not apply to an offshore sup2 ply vessel of at least 6,000 gross tons as measured under 

3 section 14302 of this title if the individuals engaged on 

4 the vessel are in compliance with hours of service require5 ments (including recording and record-keeping of that 

6 service) prescribed by the Secretary.’’; and 

7 (3) in subsection (e), by striking ‘‘subsection 

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

9 (e) MINIMUM NUMBER OF LICENSED INDIVID10 UALS.—Section 8301(b) of title 46, United States Code, 

11 is amended to read as follows: 

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

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

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

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

16 more shall have two licensed mates. 

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

18 gross tons as measured under section 14502 of this title, 

19 or an alternate tonnage measured under section 14302 of 

20 this title as prescribed by the Secretary under section 

21 14104 of this title, may not be operated without a licensed 

22 engineer. 

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

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

25 least 6,000 gross tons as measured under section 14302 


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1 of this title shall be prescribe in accordance with hours 

2 of service requirements (including recording and record3 keeping of that service) prescribed by the Secretary.’’. 

4 (f) REGULATIONS.— 

5 (1) IN GENERAL.—The Secretary of the depart6 ment in which the Coast Guard is operating shall 

7 promulgate regulations to implement the amend8 ments enacted by this section and chapter 37 of title 

9 46, United States Code, for offshore supply vessels 

10 of at least 6,000 gross tons, before January 1, 2010. 

11 (2) INTERIM FINAL RULE AUTHORITY.—The 

12 Secretary shall issue an interim final rule as a tem13 porary regulation implementing this section (includ14 ing the amendments made by this section), and 

15 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 

18 this section, without regard to the provisions of 

19 chapter 5 of title 5, United States Code. All regula20 tions prescribed under the authority of this para21 graph that are not earlier superseded by final regu22 lations shall expire not later than 1 year after the 

23 date of enactment of this Act. 

24 (3) INITIATION OF RULEMAKING.—The Sec25 retary may initiate a rulemaking to implement this 


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1 section (including the amendments made by this sec2 tion), and chapter 37 of title 46, United States 

3 Code, for offshore supply vessels of at least 6,000 

4 gross tons, as soon as practicable after the date of 

5 enactment of this section. The final rule issued pur6 suant to that rulemaking may supersede the interim 

7 final rule promulgated under this subsection. 

8 (4) INTERIM PERIOD.—After the date of enact9 ment of this Act and prior to the effective date of 

10 the regulations promulgated to implement the 

11 amendments enacted by this section under para12 graph (2), and notwithstanding the tonnage limits of 

13 applicable regulations promulgated prior to the date 

14 of enactment of this Act, the Secretary may— 

15 (A) issue a certificate of inspection under 

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

17 an offshore supply vessel of at least 500 gross 

18 tons as measured under section 14502 of title 

19 46, United States Code, or of at least 6,000 

20 gross tons as measured under section 14302 of 

21 title 46, United States Code, if the Secretary 

22 determines that such vessel’s arrangements, 

23 equipment, classification, and certifications pro24 vide for the safe carriage of individuals in addi25 tion to the crew and oil and hazardous subVerDate Nov 24 2008 01:37 Jun 03, 2009 Jkt 079200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H2652.IH H2652

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1 stances, taking into consideration the character2 istics of offshore supply vessels, their methods 

3 of operation, and their service in support of ex4 ploration, exploitation, or production of offshore 

5 mineral or energy resources; 

6 (B) for the purpose of enforcing chapter 

7 37 of title 46, United States Code, use tank 

8 vessel standards for offshore supply vessels of 

9 at least 6,000 gross tons after considering the 

10 characteristics, methods of operation, and na11 ture of the service of the vessel; and 

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

13 whom the Secretary decides possesses the expe14 rience on an offshore supply vessel under 6,000 

15 gross tons to serve on an offshore supply vessel 

16 over at least 6,000 gross tons. 

17 SEC. 21. ASSOCIATED EQUIPMENT. 

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

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

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

21 SEC. 22. LIFESAVING DEVICES ON UNINSPECTED VESSELS. 

22 Section 4102(b) of 46, United States Code, is amend23 ed to read as follows: 

24 ‘‘(b) The Secretary shall prescribe regulations requir25 ing the installation, maintenance, and use of life preVerDate Nov 24 2008 01:37 Jun 03, 2009 Jkt 079200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H2652.IH H2652

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1 servers and other lifesaving devices for individuals on 

2 board uninspected vessels.’’. 

3 SEC. 23. STUDY OF BLENDED FUELS IN MARINE APPLICA4 TION. 

5 (a) SURVEY.— 

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

7 after the date of enactment of this Act, the Sec8 retary of Homeland Security, acting through the 

9 Commandant of the Coast Guard, shall submit a 

10 survey of published data and reports, pertaining to 

11 the use, safety, and performance of blended fuels in 

12 marine applications, to the Committee on Transpor13 tation and Infrastructure of the House of Represent14 atives and the Committees on Commerce, Science, 

15 and Transportation of the Senate. 

16 (2) INCLUDED INFORMATION.—To the extent 

17 possible, the survey required in subsection (a), shall 

18 include data and reports on— 

19 (A) the impact of blended fuel on the oper20 ation, durability, and performance of rec21 reational and commercial marine engines, ves22 sels, and marine engine and vessel components 

23 and associated equipment; 

24 (B) the safety impacts of blended fuels on 

25 consumers that own and operate recreational 


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1 and commercial marine engines and marine en2 gine components and associated equipment; and 

3 (C) to the extent available, fires and explo4 sions on board vessels propelled by engines 

5 using blended fuels. 

6 (b) STUDY.— 

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

8 after the date of enactment of this Act, the Sec9 retary, acting through the Commandant, shall con10 duct a comprehensive study on the use, safety, and 

11 performance of blended fuels in marine applications. 

12 The Secretary is authorized to conduct such study in 

13 conjunction with— 

14 (A) any other Federal agency; 

15 (B) any State government or agency; 

16 (C) any local government or agency, in17 cluding local police and fire departments; and 

18 (D) any private entity, including engine 

19 and vessel manufacturers. 

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

21 evaluation of— 

22 (A) the impact of blended fuel on the oper23 ation, durability and performance of rec24 reational and commercial marine engines, vesVerDate Nov 24 2008 03:26 Jun 03, 2009 Jkt 079200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H2652.IH H2652

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1 sels, and marine engine and vessel components 

2 and associated equipment; 

3 (B) the safety impacts of blended fuels on 

4 consumers that own and operate recreational 

5 and commercial marine engines and marine en6 gine components and associated equipment; and 

7 (C) fires and explosions on board vessels 

8 propelled by engines using blended fuels. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to the Secretary of Home11 land Security to carry out the survey and study under this 

12 section $1,000,000. 

13 SEC. 24. RENEWAL OF ADVISORY COMMITTEES. 

14 (a) GREAT LAKES PILOTAGE ADVISORY COM15 MITTEE.—Section 9307(f)(1) of title 46, United States 

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

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

18 (b) NATIONAL BOATING SAFETY ADVISORY COUN19 CIL.—Section 13110 of title 46, United States Code, is 

20 amended— 

21 (1) in subsection (d), by deleting the first sen22 tence; and 

23 (2) in subsection (e), by striking ‘‘September 

24 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 


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1 (c) HOUSTON-GALVESTON NAVIGATION SAFETY AD2 VISORY COMMITTEE.—Section 18(h) of the Coast Guard 

3 Authorization Act of 1991 (Public Law 102–241 as 

4 amended by Public Law 104–324) is amended by striking 

5 ‘‘September 30, 2010.’’ and inserting ‘‘September 30, 

6 2020.’’. 

7 (d) LOWER MISSISSIPPI RIVER WATERWAY SAFETY

8 ADVISORY COMMITTEE.—Section 19 of the Coast Guard 

9 Authorization Act of 1991 (Public Law 102–241) is 

10 amended— 

11 (1) in subsection (b)— 

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

13 by striking ‘‘twenty-four’’ and inserting ‘‘twen14 ty-five’’; and 

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

16 paragraph: 

17 ‘‘(12) One member representing the Associated 

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

19 and 

20 (2) in subsection (g), by striking ‘‘September 

21 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 

22 (e) TOWING SAFETY ADVISORY COMMITTEE.—The 

23 Act to Establish a Towing Safety Advisory Committee in 

24 the Department of Transportation (33 U.S.C. 1231a) is 

25 amended— 


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

2 following: 

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

4 Committee (hereinafter referred to as the ‘Committee’). 

5 The Committee shall consist of eighteen members with 

6 particular expertise, knowledge, and experience regarding 

7 shallow-draft inland and coastal waterway navigation and 

8 towing safety as follows: 

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

10 towing industry, reflecting a regional geographic bal11 ance. 

12 ‘‘(2) One member representing the offshore 

13 mineral and oil supply vessel industry. 

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

15 licensed Masters or Pilots of towing vessels with ex16 perience on the Western Rivers and the Gulf Intra17 coastal Waterway. 

18 ‘‘(4) One member representing the holders of 

19 active licensed Masters of towing vessels in offshore 

20 service. 

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

22 active ship-docking or harbor towing vessel. 

23 ‘‘(6) One member representing licensed or unli24 censed towing vessel engineers with formal training 

25 and experience. 


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1 ‘‘(7) Two members representing each of the fol2 lowing groups: 

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

4 operators. 

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

6 be engaged in the shipment of oil or hazardous 

7 materials by barge). 

8 ‘‘(8) Two members representing the general 

9 public.’’; and 

10 (2) in subsection (e), by striking ‘‘September 

11 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 

12 (f) NAVIGATION SAFETY ADVISORY COUNCIL.—Sec13 tion 5 of the Inland Navigational Rules Act of 1980 (33 

14 U.S.C. 2073) is amended— 

15 (1) by striking subsections (a) and (b) and in16 serting the following: 

17 ‘‘(a) ESTABLISHMENT OF COUNCIL.— 

18 ‘‘(1) IN GENERAL.—The Secretary of the de19 partment in which the Coast Guard is operating 

20 shall establish a Navigation Safety Advisory Council 

21 (hereinafter referred to as the ‘Council’), consisting 

22 of not more than 21 members. All members shall 

23 have expertise in Inland and International vessel 

24 navigation Rules of the Road, aids to maritime navi25 gation, maritime law, vessel safety, port safety, or 


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1 commercial diving safety. Upon appointment, all 

2 non-Federal members shall be designated as rep3 resentative members to represent the viewpoints and 

4 interests of one of the following groups or organiza5 tions: 

6 ‘‘(A) Commercial vessel owners or opera7 tors. 

8 ‘‘(B) Professional mariners. 

9 ‘‘(C) Recreational boaters. 

10 ‘‘(D) The recreational boating industry. 

11 ‘‘(E) State agencies responsible for vessel 

12 or port safety. 

13 ‘‘(F) The Maritime Law Association. 

14 ‘‘(2) PANELS.—Additional persons may be ap15 pointed to panels of the Council to assist the Council 

16 in performance of its functions. 

17 ‘‘(3) NOMINATIONS.—The Secretary, through 

18 the Coast Guard Commandant, shall not less often 

19 than once a year publish a notice in the Federal 

20 Register soliciting nominations for membership on 

21 the Council. 

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

23 with, and make recommendations to the Secretary, 

24 through the Coast Guard Commandant, on matters relat25 ing to maritime collisions, rammings, groundings, Inland 


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1 Rules of the Road, International Rules of the Road, navi2 gation regulations and equipment, routing measures, ma3 rine information, diving safety, and aids to navigation sys4 tems. Any advice and recommendations made by the 

5 Council to the Secretary shall reflect the independent 

6 judgment of the Council on the matter concerned. The 

7 Council shall meet at the call of the Coast Guard Com8 mandant, but in any event not less than twice during each 

9 calendar year. All proceedings of the Council shall be pub10 lic, and a record of the proceedings shall be made available 

11 for public inspection.’’; and 

12 (2) in subsection (d), by striking ‘‘September 

13 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 

Æ 


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