IIA
103D CONGRESS
1ST SESSION
H. R. 1159
IN THE SENATE OF THE UNITED STATES
JUNE 10, 1993
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
To revise, clarify, and improve certain marine safety laws
of the United States, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Passenger Vessel Safe-
ty Act of 1993’’.
SEC. 2. PASSENGER.
Section 2101(21) of title 46, United States Code, is
amended to read as follows:
‘‘(21) ‘passenger’—
‘‘(A) means an individual carried on the
vessel except—
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‘‘(i) the owner or an individual rep-
resentative of the owner or, in the case of
a vessel under charter, an individual
charterer or individual representative of
the charterer;
‘‘(ii) the master; or
‘‘(iii) a member of the crew engaged
in the business of the vessel who has not
contributed consideration for carriage and
who is paid for on board services.
‘‘(B) on an offshore supply vessel, means
an individual carried on the vessel except—
‘‘(i) an individual included in clause
(i), (ii), or (iii) of subparagraph (A) of this
paragraph;
‘‘(ii) an employee of the owner, or of
a subcontractor to the owner, engaged in
the business of the owner;
‘‘(iii) an employee of the charterer, or
of a subcontractor to the charterer, en-
gaged in the business of the charterer; or
‘‘(iv) an individual employed in a
phase of exploration, exploitation, or pro-
duction of offshore mineral or energy re-
sources served by the vessel.
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‘‘(C) on a fishing vessel, fish processing
vessel, or fish tender vessel, means an individ-
ual carried on the vessel except—
‘‘(i) an individual included in clause
(i), (ii), or (iii) of subparagraph (A) of this
paragraph;
‘‘(ii) a managing operator;
‘‘(iii) an employee of the owner, or of
a subcontractor to the owner, engaged in
the business of the owner; or
‘‘(iv) an employee of the charterer, or
of a subcontractor to the charterer, en-
gaged in the business of the charterer.
‘‘(D) on a sailing school vessel, means an
individual carried on the vessel except—
‘‘(i) an individual included in clause
(i), (ii), or (iii) of subparagraph (A) of this
paragraph;
‘‘(ii) an employee of the owner of the
vessel engaged in the business of the
owner, except when the vessel is operating
under a demise charter;
‘‘(iii) an employee of the demise
charterer of the vessel engaged in the busi-
ness of the demise charterer; or
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‘‘(iv) a sailing school instructor or
sailing school student.’’.
SEC. 3. PASSENGER VESSEL.
Section 2101(22) of title 46, United States Code, is
amended to read as follows:
‘‘(22) ‘passenger vessel’ means a vessel of at
least 100 gross tons—
‘‘(A) carrying more than 12 passengers, in-
cluding at least one passenger for hire;
‘‘(B) that is chartered and carrying more
than 12 passengers; or
‘‘(C) that is a submersible vessel carrying
at least one passenger for hire.’’.
SEC. 4. SMALL PASSENGER VESSEL.
Section 2101(35) of title 46, United States Code, is
amended to read as follows:
‘‘(35) ‘small passenger vessel’ means a vessel of
less than 100 gross tons—
‘‘(A) carrying more than 6 passengers, in-
cluding at least one passenger for hire;
‘‘(B) that is chartered with the crew pro-
vided or specified by the owner or the owner’s
representative and carrying more than 6 pas-
sengers;
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‘‘(C) that is chartered with no crew pro-
vided or specified by the owner or the owner’s
representative and carrying more than 12 pas-
sengers; or
‘‘(D) that is a submersible vessel carrying
at least one passenger for hire.’’.
SEC. 5. UNINSPECTED PASSENGER VESSEL.
Section 2101(42) of title 46, United States Code, is
amended to read as follows:
‘‘(42) ‘uninspected passenger vessel’ means an
uninspected vessel—
‘‘(A) of at least 100 gross tons—
‘‘(i) carrying not more than 12 pas-
sengers, including at least one passenger
for hire; or
‘‘(ii) that is chartered with the crew
provided or specified by the owner or the
owner’s representative and carrying not
more than 12 passengers; and
‘‘(B) of less than 100 gross tons—
‘‘(i) carrying not more than 6 pas-
sengers, including at least one passenger
for hire; or
‘‘(ii) that is chartered with the crew
provided or specified by the owner or the
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‘‘(1) for an excursion vessel, issue a special per-
mit specifying the conditions of operation and equip-
ment;
‘‘(2) exempt an oceanographic research vessel
from that provision under conditions the Secretary
may specify; and
‘‘(3) establish different operating and equip-
ment requirements for vessels defined in section
2101(42)(A) of this title.’’.
(b) Section 4105 of title 46, United States Code, is
amended—
(1) by inserting ‘‘(a)’’ before the text; and
(2) by adding a new subsection (b) to read as
follows:
‘‘(b) Within twenty-four months of the date of enact-
ment of this subsection, the Secretary shall, by regulation,
require certain additional equipment which may include
liferafts or other lifesaving equipment, construction stand-
ards, or specify additional operating standards for those
uninspected 
passenger 
vessels 
defined 
in 
section
2101(42)(A) of this title.’’.
SEC. 12. EFFECTIVE DATE.
(a) Regulations governing small passenger vessels
and passenger vessels, as those terms are defined in 46
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U.S.C. 2101, which are chartered with no crew provided
shall not apply before May 1, 1994.
(b) The Secretary of the Department in which the
Coast Guard is operating may extend the time period for
compliance with the regulations referenced in subsection
(a) for an initial period of up to one year and may extend
the period of compliance for one additional period of up
to one year if the owner of the vessel demonstrates to the
satisfaction of the Secretary that a good faith effort, with
due diligence and care, has failed to enable compliance
with the deadline under subsection (a).
SEC. 13. SENSE OF CONGRESS REGARDING USE OF VES-
SELS CONSTRUCTED IN UNITED STATES FOR
CARRYING PASSENGERS FOR HIRE.
It is the sense of the Congress that persons who, for
the purpose of carrying passengers for hire in the United
States, operate or charter vessels with respect to which
this Act (including the amendments made by this Act) ap-
plies should only operate and charter for that purpose ves-
sels constructed in the United States.
Passed the House of Representatives June 9, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.