I
103D CONGRESS
2D SESSION
H. R. 4058
To amend title 46, United States Code, to improve the safety of towing
vessels.
IN THE HOUSE OF REPRESENTATIVES
MARCH 16, 1994
Mr. STUDDS introduced the following bill; which was referred to the
Committee on Merchant Marine and Fisheries
A BILL
To amend title 46, United States Code, to improve the
safety of towing vessels.
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 ‘‘Towing Safety Act’’.
SEC. 2. INSPECTION OF TOWING VESSELS.
(a) IN GENERAL.—Section 3301 of title 46, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(14) towing vessels.’’.
(b) EXCEPTION.—Section 3302 of title 46, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(n) A towing vessel is not subject to inspection
under section 3301(14) of this title if the vessel—
‘‘(1) is used only for towing disabled vessels; or
‘‘(2) is not used to pull, push, or haul alongside
a barge that is subject to inspection under section
3301 of this title.’’.
(c) EQUIPMENT REQUIREMENTS.—Section 3306 of
title 46, United States Code, is amended by adding at the
end the following:
‘‘(h) In prescribing regulations for towing vessels, the
Secretary shall—
‘‘(1) consider the characteristics, methods of
operation, and nature of the service of towing ves-
sels;
‘‘(2) consult with the Towing Safety Advisory
Committee; and
‘‘(3) require, to the extent appropriate, the in-
stallation, maintenance, and use of the following
equipment on each towing vessel, other than a tow-
ing vessel that is used only for towing disabled ves-
sels:
‘‘(A) A radar system.
‘‘(B) An electronic position-fixing device.
‘‘(C) Adequate communications equipment.
‘‘(D) A sonic depth finder.
‘‘(E) A compass or swing meter.
‘‘(F) Adequate towing equipment.
‘‘(G) Up-to-date navigational charts and
publications for the areas normally transited by
the vessel.
‘‘(H) Other equipment the Secretary deter-
mines will minimize the risk of injury to the
crew or the risk of a vessel or barge casualty.’’.
(d) REGULATIONS.—The Secretary of Transportation
shall prescribe regulations implementing this section with-
in 1 year after the date of enactment of this Act.
SEC. 3. MANNING OF TOWING VESSELS.
(a) LICENSED MASTERS AND MATES.—
(1) MINIMUM NUMBER OF LICENSED INDIVID-
UALS.—Section 8301(a) of title 46, United States
Code, is amended in the material preceding para-
graph (1) by inserting ‘‘passenger’’ before ‘‘vessel’’
the first place that it appears.
(2) LICENSE AND CERTIFICATION CLASSIFICA-
TION AND CONDITIONS.—Section 7101 of title 46,
United States Code, is amended—
(A) in subsection (b)(2)(A), by striking
‘‘and’’, and by inserting ‘‘, barge tonnage, and
barge number or configuration’’ after ‘‘vessels’’;
and
(B) by adding at the end the following new
subsections:
‘‘(j) An individual may be issued a license as a master
or mate of towing vessels only if the individual—
‘‘(1) demonstrates proficiency in the use of the
equipment listed in section 3306(h)(3) of this title;
and
‘‘(2) demonstrates proficiency in operating a
towing vessel or has successfully completed a Coast
Guard-approved towing vessel simulator course.
‘‘(k) The Secretary may not issue a license under this
section to an individual who has failed an examination,
or any portion thereof, for that license 3 consecutive
times.’’.
(3) CONFORMING AMENDMENT.—Section 8904
of title 46, United States Code, is amended by strik-
ing subsections (a) and (b) and inserting the follow-
ing:
‘‘A vessel that is used only for towing disabled vessels
for consideration shall be operated by an individual li-
censed by the Secretary to operate that type of vessel in
the particular geographic area, under prescribed regula-
tions.’’.
(4) REGULATIONS.—In prescribing regulations
implementing this subsection, the Secretary of
Transportation shall use the requirements for an op-
erator uninspected towing vessel license as the mini-
mum requirements for the towing vessel master li-
cense required by this subsection, and the require-
ments for a second class operator uninspected tow-
ing vessel license as the minimum requirements for
the towing vessel mate license required by this sub-
section, as those requirements are set forth in part
10.464 of title 46, Code of Federal Regulations.
(5) EXISTING LICENSE.—
(A) TREATED
AS
TOWING
VESSEL
LI-
CENSE.—A license described in subparagraph
(B)(i) or (ii) that is valid on the effective date
of this section shall be treated as a master or
mate license, respectively, required for towing
vessels by the amendments made by this sub-
section until such license is required to be re-
newed under section 7106 of title 46, United
States Code.
(B) LICENSES DESCRIBED.—The licenses
referred to in subparagraph (A) are the follow-
ing:
(i) Operator uninspected towing ves-
sel.
(ii) Second class operator uninspected
towing vessel.
(b) 
MERCHANT
MARINERS’ 
DOCUMENTS
RE-
QUIRED.—
(1) REQUIREMENT.—Section 8701(a) of title
46, United States Code, is amended—
(A) by striking ‘‘100’’ and inserting ‘‘5’’;
(B) in paragraph (1), by striking ‘‘a vessel
operating only on rivers and lakes (except the
Great Lakes);’’ and inserting ‘‘a small pas-
senger vessel, or an uninspected passenger ves-
sel;’’;
(C) by striking paragraph (2), and redesig-
nating the subsequent paragraphs accordingly;
and
(D) in paragraph (6) (as so redesignated)
by striking ‘‘clause (6)’’ and inserting ‘‘para-
graph (5)’’.
(2) EXCEPTIONS.—Section 8701(b) of title 46,
United States Code, is amended—
(A) by striking ‘‘A person’’ and inserting
‘‘(1) Except as provided in paragraphs (2) and
(3), a person’’; and
(B) by adding at the end the following:
‘‘(2) The Secretary shall prescribe regulations
which exempt employment categories on vessels from
the requirements of paragraph (1). The regulations
may exempt an employment category only if the re-
sponsibilities of an individual employed in the cat-
egory do not relate directly to the safe operation of
the vessel.
‘‘(3) A person may engage or employ an indi-
vidual who does not have a merchant mariner’s doc-
ument, and such an individual may serve, on a vessel
in the 60-day period beginning on the first date the
individual is employed by that company in an em-
ployment category for which any merchant mariner’s
document is required.’’.
(c) CREW REQUIREMENTS.—
(1) ABLE SEAMEN REQUIRED.—Section 8702 of
title 46, United States Code, is amended—
(A) in subsection (a)—
(i) in paragraph (1) by inserting ‘‘pas-
senger’’ before ‘‘vessel’’; and
(ii) by striking paragraph (2), and re-
designating paragraphs (3) through (7) in
order as paragraphs (2) through (6), re-
spectively; and
(B) by striking subsection (c) and redesig-
nating subsections (d) and (e) as subsections
(c) and (d), respectively.
(2) CLASSIFICATION.—Section 7306(b) of title
46, United States Code, is amended by adding at
the end the following:
‘‘(7) able seaman—towing vessel.’’.
(3) RATING
REQUIREMENT.—Chapter 73 of
title 46, United States Code, is amended by adding
at the end the following:
‘‘§ 7311b. Able seamen—towing vessels
‘‘For service on a towing vessel, an individual may
be rated as able seaman—towing vessels if the individual
has at least 18 months’ service on deck on board towing
vessels operated on the navigable waters of the United
States (including the Great Lakes).’’.
(4) CLERICAL AMENDMENT.—The analysis at
the beginning of chapter 73 of title 46, United
States Code, is amended by inserting after the item
7311a the following:
‘‘7311b. Able seamen—towing vessel.’’.