I
103D CONGRESS
2D SESSION
H. R. 4959
To reduce the economic burden on United States-flagged merchant vessels
by streamlining certain regulatory requirements, by expanding the delega-
tion of the performance of marine safety functions to third parties,
and by broadening the Coast Guard’s marine safety authority, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 12, 1994
Mr. TAUZIN (for himself, Mr. STUDDS, Mr. LIPINSKI, Mr. FIELDS of Texas,
and Mr. COBLE) (all by request) introduced the following bill; which was
referred to the Committee on Merchant Marine and Fisheries
A BILL
To reduce the economic burden on United States-flagged
merchant vessels by streamlining certain regulatory re-
quirements, by expanding the delegation of the perform-
ance of marine safety functions to third parties, and
by broadening the Coast Guard’s marine safety author-
ity, 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 ‘‘Maritime Regulatory
Reform Act of 1994’’.
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SEC. 2. SAFETY MANAGEMENT AND ALTERNATIVE COM-
PLIANCE.
(a) Chapter 21 of title 46, United States Code, is
amended by adding a new section 2103a to read as fol-
lows:
‘‘SEC. 2103a. SAFETY MANAGEMENT AND ALTERNATIVE
COMPLIANCE.
‘‘(a) To implement the International Management
Code for the Safe Operation of Ships and for Pollution
Prevention adopted by the International Maritime Organi-
zation and to establish voluntary alternative compliance
programs, the Secretary may prescribe regulations govern-
ing the merchant marine of the United States, merchant
marine personnel, and shore-based management of vessels
that affect the safety of vessels and personnel subject to
this subtitle and marine pollution prevention. Compliance
with regulations implementing the International Manage-
ment Code for the Safe Operation of Ships and for Pollu-
tion Prevention shall be voluntary until the dates for man-
datory compliance provided for in the International Con-
vention for the Safety of life at Sea.
‘‘(b) In implementing the International Management
Code for the Safe Operation of Ships and for Pollution
Prevention and alternative compliance programs estab-
lished pursuant to this section, the Secretary may estab-
lish optional regulatory requirements commensurate with
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the level of quality control adopted by the shipowner or
operator, provided that an equivalent level of safety is
maintained.
‘‘(c) The Secretary may require vessel owners and op-
erators to maintain records and submit reports and other
information which the Secretary deems necessary to carry
out the objectives of this section.’’.
(b) The table of sections for chapter 21 of title 46,
United States Code, is amended by inserting between the
items relating to section 2103 and section 2104 the follow-
ing:
‘‘Sec. 2103a. Safety management and alternative compliance.’’.
SEC. 3. USE OF REPORTS, DOCUMENTS, AND CERTIFI-
CATES.
(a) Chapter 31 of title 46, United States Code, is
amended by adding a new section 3103 to read as follows:
‘‘SEC. 3103. USE OF REPORTS, DOCUMENTS, AND CERTIFI-
CATES.
‘‘In carrying out this part, the Secretary may utilize
reports, documents, and certificates issued by persons who
the Secretary determines may be relied upon with regard
to marine safety, security, and environmental protection.’’.
(b) The table of sections for chapter 31 of title 46,
United States Code, is amended by adding at the end the
following:
‘‘Sec. 3103. Use of reports, documents, and certificates.’’.
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SEC. 4. EQUIPMENT APPROVAL.
Section 3306(b) of title 46, United States Code, is
amended to read as follows:
‘‘(b)(1) Equipment subject to regulation under this
section may not be used on any vessel without prior ap-
proval as prescribed by regulation.
‘‘(2) Except as otherwise provided in paragraph (3)
of this subsection, the Secretary may accept approvals of
fire and life safety equipment and materials by foreign
governments which the Secretary determines utilize design
and testing standards that meet the requirements of the
International Convention for the Safety of Life at Sea to
which the United States is a party, and its associated
International Maritime Organization guidance documents.
‘‘(3) In determining whether to accept approvals is-
sued by foreign governments, the Secretary shall give due
regard to whether adherence to standards promulgated by
regulation under this subsection is necessary in order to
preserve higher levels of safety.’’.
SEC. 5. FREQUENCY OF INSPECTION.
(a) Section 3307 of title 46, United States Code, is
amended as follows:
(1) In paragraph (1)—
(A) by striking ‘‘and’’ and inserting a
comma in its place;
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(B) by inserting after ‘‘nautical school ves-
sel’’, ‘‘, and small passenger vessel carrying
more than 12 passengers on an international
voyage’’; and
(C) by adding ‘‘and’’ at the end.
(2) By striking paragraph (2).
(3) In paragraph (3)—
(A) by changing the designation of para-
graph (3) to paragraph (2); and
(B) by striking ‘‘2 years’’ and inserting ‘‘5
years’’ in its place.
(b) Section 3710(b) of title 46, United States Code,
is amended by striking ‘‘24 months’’ and substituting ‘‘5
years’’.
SEC. 6. CERTIFICATE OF INSPECTION.
Section 3309(c) of title 46, United States Code, is
amended by deleting the words ‘‘(but not more than 60
days)’’ after the words ‘‘At least 30 days’’.
SEC. 7. CLASSIFICATION SOCIETIES.
(a) Section 3316 of title 46, United States Code, is
amended as follows:
(1) Subsection (a) is amended to read as fol-
lows:
‘‘(a) In carrying out this part, the Secretary may rely
on reports, documents, and certificates issued by the
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American Bureau of Shipping or other classification soci-
ety recognized by the Secretary as meeting acceptable
standards for such a society, or an agent of the Bureau
or society.’’.
(2) Subsection (c)(1) is amended to read as fol-
lows:
‘‘(c)(1) To the maximum extent practicable, the Sec-
retary may delegate to the Bureau or other classification
society recognized by the Secretary as meeting acceptable
standards for such a society, or an agent of the Bureau
or society, the inspection or examination, in the United
States or in a foreign country, of a vessel documented or
to be documented as a vessel of the United States. The
Bureau, society, or agent may issue the certificate of in-
spection required by this part and other certificates essen-
tial to documentation.’’.
(3) Subsection (d) is amended to read as fol-
lows:
‘‘(d) The Secretary also may make an agreement with
or use the Bureau or other classification society recognized
by the Secretary as meeting acceptable standards for such
a society, or an agent of the Bureau or society, for review-
ing and approving plans required for issuing a certificate
of inspection.’’.
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(b) The item for section 3316 of the table of sections
for chapter 33 of title 46, United States Code, is amended
to read as follows:
‘‘Sec. 3316. Classification societies.’’.
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