H. Rept. 115-1019 - MARITIME SAFETY ACT OF 2018115th Congress (2017-2018)
Committee Report
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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-1019
======================================================================
MARITIME SAFETY ACT OF 2018
_______
November 13, 2018.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 6175]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 6175) to enhance maritime safety,
and for other purposes, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
CONTENTS
Page
Purpose of Legislation........................................... 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Legislative History and Consideration............................ 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 2
New Budget Authority and Tax Expenditures........................ 2
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 5
Advisory of Earmarks............................................. 5
Duplication of Federal Programs.................................. 5
Disclosure of Directed Rule Makings.............................. 5
Federal Mandate Statement........................................ 5
Preemption Clarification......................................... 5
Advisory Committee Statement..................................... 6
Applicability of Legislative Branch.............................. 6
Section-by-Section Analysis of Legislation....................... 6
Changes in Existing Law Made by the Bill, as Reported............ 9
Purpose of Legislation
H.R. 6175 directs Coast Guard corrective or remedial
actions and makes changes to the shipping authorities found
under title 46 of the United States Code to enhance maritime
transportation safety, strengthen internal Coast Guard marine
safety competency, and improve oversight of vessel safety
inspections.
Background and Need for Legislation
The loss of the U.S. flagged cargo vessel SS El Faro, along
with its 33-member crew, ranks as one of the worst maritime
disasters in U.S. history, and resulted in the highest death
toll from a U.S. commercial vessel sinking in almost 40 years.
Following a marine casualty investigation authorized under
chapter 63 of title 46 United States Code, the Commandant of
the Coast Guard issued a final action memorandum detailing
actions to be taken to improve maritime transportation safety.
H.R. 6175 incorporates several of the actions detailed in that
final action memorandum which required legislative action to
amend or provide new authority.
Hearings
The bill was not subject to a hearing by the Subcommittee
on Coast Guard and Maritime Transportation, however, on January
30, 2018, the Subcommittee held a hearing to examine the
official Coast Guard and National Transportation Safety Board
reports and the Commandant's final action memo on the El Faro
casualty incident.
Legislative History and Consideration
On June 21, 2018, H.R. 6175 was introduced by Congressman
Duncan Hunter (R-CA). The bill was referred solely to the
Committee on Transportation and Infrastructure.
On June 27, 2018, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 6175. No
amendments were offered. The Committee ordered the bill
reported favorably to the House by voice vote with a quorum
present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no recorded votes taken in connection
with consideration of H.R. 6175. A motion to order H.R. 6175
reported favorably to the House was agreed to by voice vote
with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 6175 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 11, 2018.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 6175, the Maritime
Safety Act of 2018.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 6175--Maritime Safety Act of 2018
Summary: H.R. 6175 would require the Coast Guard (USCG) to
pursue a variety of activities aimed at improving maritime
safety. Using information from the agency, CBO estimates that
meeting the bill's requirements would cost $5 million over the
2019-2023 period; any such spending would be subject to the
availability of appropriated funds.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 6175 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 6175 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA).
H.R. 6175 would impose private-sector mandates on shipping
companies that operate freight vessels regulated by the USCG.
CBO estimates that the incremental costs of the requirements in
H.R. 6175 would be small and would fall below the annual
threshold for private-sector mandates established in UMRA ($160
million in 2018, adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 6175 is shown in the following table.
The costs of the legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------
2018 2019 2020 2021 2022 2023 2019-2023
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level........................ 0 1 1 1 1 1 5
Estimated Outlays.................................... 0 1 1 1 1 1 5
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
6175 will be enacted near the start of fiscal year 2019, and
that the necessary funds will be available each year.
H.R. 6175 would specify a variety of new regulatory and
administrative requirements for the USCG regarding maritime
safety. Using information from the USCG, CBO estimates that
implementing most provisions of the bill would not
significantly affect the agency's costs because they are
largely consistent with activities the agency intends to pursue
under current law. However, CBO expects that carrying out a
proposed program to increase training of USCG personnel
involved in safety-related inspections and audits would require
additional funding. Based on historical costs of similar
training efforts, CBO estimates that implementing that training
program would cost about $1 million annually.
The bill also would direct the Government Accountability
Office to conduct an audit of the implementation and
effectiveness of safety management plans that the USCG requires
of the entities it regulates. CBO estimates that the cost to
complete the audit would total less than $500,000.
Pay-As-You-Go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 6175 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
Mandates: H.R. 6175 contains no intergovernmental mandates
as defined in UMRA.
H.R. 6175 would impose private-sector mandates on shipping
companies that operate freight vessels regulated by the USCG.
Specifically, the bill would require those companies to ensure
that each vessel they operate is outfitted with equipment to
signal distress for every crew member onboard. The bill also
would require those companies to track incremental weight
changes to vessels over time and to maintain records of those
changes for the life of each vessel. Finally, for vessels built
prior to 1992, the bill would require shipping companies to
include comprehensive information about damage control in the
safety management plans that are required by USCG regulations.
Using information from the USCG and the shipping industry, CBO
estimates that fewer than 200 freight vessels in the United
States would be affected by the requirements. Furthermore,
because most shipping companies are already complying to some
degree with similar requirements under current regulations, CBO
estimates that the incremental costs of the requirements in
H.R. 6175 would be small and would fall below the annual
threshold for private-sector mandates established in UMRA ($160
million in 2018, adjusted annually for inflation).
Estimate prepared by: Federal Costs: Megan Carroll;
Mandates: Jon Sperl.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; Susan Willie, Chief,
Mandates Unit; H. Samuel Papenfuss, Deputy Assistant Director
for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
enhance maritime transportation safety, and includes reforms to
Coast Guard authorities, training and safety standards and
regulations governing U.S. flag maritime carriers and
operators.
Advisory of Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill includes an earmark, limited tax benefit,
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of
rule XXI.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 6175 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rule Makings
Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017),
the Committee finds that enacting H.R. 6175 does not direct the
completion of a specific rule making within the meaning of
section 551 of title 5, United States Code.
Federal Mandate Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 6175 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No new advisory committees within the meaning of section
5(b) of the Federal Advisory Committee Act are created by this
legislation.
Applicability of Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of Legislation
Sec. 1. Short title
This section designates the short title as the ``Maritime
Safety Act of 2018''.
Sec. 2. Table of contents
This section provides a table of contents for the bill.
Sec. 3. Definitions
This section defines ``Commandant'' as the Commandant of
the Coast Guard, ``recognized organization'' as defined in
title 46 of the Code of Federal Regulations, and ``Secretary''
as the Secretary of the department in which the Coast Guard is
operating.
Sec. 4. Domestic vessel compliance
This section requires the Commandant to annually publish
information regarding domestic vessel compliance with safety
standards and regulations on a publicly-accessible website.
Sec. 5. Safety management system
This section directs the Comptroller General to conduct an
audit of the implementation and effectiveness of safety
management plans developed by U.S. flag vessel carriers
required under chapter 32 of title 46, United States Code, and
to submit a report detailing the results of the audit to the
Committees of jurisdiction in the House of Representatives and
the Senate.
Sec. 6. Equipment requirements
This section amends section 3306 of title 46, United States
Code, to add new subsections (l) and (m).
The new subsection (l) requires that inspected freight
vessels be outfitted with distress signaling and locating
technologies for the higher of the minimum complement of
officers and crew specified on the certificate of inspection,
or, the number of persons onboard.
The new subsection (m) directs the Secretary, through
regulations, to require companies of inspected freight vessels
to maintain records, both onboard the vessel and shore side, of
all weight changes made to such vessels and to track weight
changes over time to ensure the maintenance of stability during
operation of the vessel. This section also directs the
Commandant to seek to enter into negotiation through the
International Maritime Organization to require high water alarm
sensors in vessel cargo holds that connect with audible and
visual alarms on the navigation bridge of freight vessels.
Sec. 7. Voyage data recorder; access
This section amends chapter 63 of title 46, United States
Code, to require that the Coast Guard have full and timely
access to voyage data recorder data and audio recordings held
by any Federal agency in all marine casualty investigations.
Sec. 8. Voyage data recorder; requirements
This section requires the Commandant seek to enter into
negotiation through the International Maritime Organization to
require that all voyage data recorders be installed on vessels
in a float-free arrangement and contain an integrated emergency
position-indicating radio beacon. The Commandant is required to
submit a progress update no later than three years after
enactment of this Act.
This section also requires the Commandant to submit a cost-
benefit analysis on the possibility of capturing communications
on the internal telephone systems installed onboard commercial
vessels to the Committees of jurisdiction in the House of
Representatives and the Senate.
Sec. 9. Survival and locating equipment
This section requires the Commandant to procure equipment
that will allow for search and rescue units to attach a radio,
strobe, or beacon to an object that is not immediately
retrievable to increase the likelihood of relocating and
retrieving the object when it is safe to do so.
Sec. 10. Training of Coast Guard personnel
This section requires the Commandant to establish certain
training programs for Coast Guard personnel, including: an
Officer in Charge, Marine Inspections segment in the sector
commander indoctrination course; steam plant inspection
training for Coast Guard marine inspector and, subject to
availability, recognized organizations; and, advanced
journeyman inspector training to provide instruction on the
oversight of recognized organizations.
This section also requires the Commandant to submit a
report detailing other options to maintain marine safety
knowledge within the Coast Guard to the Committees of
jurisdiction in the House of Representatives and the Senate.
In addition, this section requires the Commandant to update
Coast Guard policy to utilize risk analysis to target the
attendance of Coast Guard personnel during safety management
certificate and document of compliance audits, as well as to
perform a quality assurance audit of recognized organization
representation and performance regarding their third party
inspections of U.S. flagged vessels under the Coast Guard's
Alternate Compliance Program.
Sec. 11. Major marine casualty
This section amends section 6101(i)(3) of title 46, United
States Code, to increase the dollar amount to $2 million for
property damage to qualify a casualty involving a vessel as a
``major marine casualty'' and thereby trigger a formal
investigation.
Sec. 12. Reviews, briefings, and reports
This section requires the Commandant to review policies and
procedures for documenting major conversion determinations and
to provide a briefing to the Committees of jurisdiction in the
House of Representatives and the Senate.
This section also requires the Commandant to review policy
regarding vessel ventilators, openings, and stability standards
and provide a briefing to the Committees of jurisdiction in the
House of Representatives and the Senate.
In addition, this section requires the Commandant to
provide a briefing on the reliability of self-locating datum
marker buoys and other similar technology to the Committees of
jurisdiction in the House of Representatives and the Senate.
This section also directs the Commandant complete an
assessment of the effectiveness of the Coast Guard's oversight
of recognized organizations and its impact on compliance by and
safety of vessels inspected by such organizations, and to
submit the results of the assessment to the Committees of
jurisdiction in the House of Representative and Senate.
Sec. 13. Flag State guidance and supplements
This section requires the Secretary to issue flag state
guidance for freight vessels built prior to January 1, 1992, to
include comprehensive damage control information in their
safety management plans.
This section also requires the Commandant to work with
recognized organizations to create a single U.S. supplement to
class rules and to provide a briefing on the costs and benefits
of revising the Code of Federal Regulations to authorize only
one such supplement to the Committees of jurisdiction in the
House of Representatives and Senate.
Sec. 14. Marine safety strategy
This section amends section 2116 of title 46, United States
Code, to change the frequency of the submission of the long-
term strategy for improving vessel safety and safety of
individuals on vessels from annually to triennially.
Sec. 15. Recognized organizations; oversight
This section amends section 3316 of title 46, United States
Code, to establish an office within the Coast Guard to conduct
comprehensive and targeted oversight of all recognized
organizations that act on behalf of the Coast Guard.
Sec. 16. Timely weather forecasts
This section requires the Commandant to seek to enter into
negotiations through the International Maritime Organization to
amend the International Convention for the Safety of Life at
Sea to ensure that parties to the Convention receive timely
synoptic and graphical chart weather forecasts to alert vessels
at sea.
Sec. 17. Marine safety implementation status
This section requires the Commandant to provide updates on
the status of implementation of actions outlined in the
Commandant's final action memo regarding the investigation of
the sinking of the vessel SS El Faro to the Committees of
jurisdiction of the House of Representatives and the Senate
annually for three years.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 46, UNITED STATES CODE
* * * * * * *
SUBTITLE II--VESSELS AND SEAMEN
* * * * * * *
PART A--GENERAL PROVISIONS
* * * * * * *
CHAPTER 21--GENERAL
* * * * * * *
Sec. 2116. Marine safety strategy, goals, and performance assessments
(a) Long-Term Strategy and Goals.--In conjunction with
existing federally required strategic planning efforts, the
Secretary shall develop a long-term strategy for improving
vessel safety and the safety of individuals on vessels. The
strategy shall include the issuance [each year of an annual] of
a triennial plan and schedule for achieving the following
goals:
(1) Reducing the number and rates of marine
casualties.
(2) Improving the consistency and effectiveness of
vessel and operator enforcement and compliance
programs.
(3) Identifying and targeting enforcement efforts at
high-risk vessels and operators.
(4) Improving research efforts to enhance and promote
vessel and operator safety and performance.
(b) Contents of Strategy and [Annual] Triennial Plans.--
(1) Measurable goals.--The strategy and [annual]
triennial plans shall include specific numeric or
measurable goals designed to achieve the goals set
forth in subsection (a). The purposes of the numeric or
measurable goals are the following:
(A) To increase the number of safety
examinations on all high-risk vessels.
(B) To eliminate the backlog of marine
safety-related rulemakings.
(C) To improve the quality and effectiveness
of marine safety information databases by
ensuring that all Coast Guard personnel
accurately and effectively report all safety,
casualty, and injury information.
(D) To provide for a sufficient number of
Coast Guard marine safety personnel, and
provide adequate facilities and equipment to
carry out the functions referred to in section
93(c) of title 14.
(2) Resource needs.--The strategy and [annual]
triennial plans shall include estimates of--
(A) the funds and staff resources needed to
accomplish each activity included in the
strategy and plans; and
(B) the staff skills and training needed for
timely and effective accomplishment of each
goal.
(c) Submission With the President's Budget.--Beginning with
[fiscal year 2011 and each fiscal year] fiscal year 2020 and
triennially thereafter, the Secretary shall submit to Congress
the strategy and [annual plan] triennial plan not later than 60
days following the transmission of the President's budget
submission under section 1105 of title 31.
(d) Achievement of Goals.--
(1) Progress assessment.--No less frequently than
semiannually, the Coast Guard Commandant shall assess
the progress of the Coast Guard toward achieving the
goals set forth in subsection (b). The Commandant shall
convey the Commandant's assessment to the employees of
the marine safety workforce and shall identify any
deficiencies that should be remedied before the next
progress assessment.
(2) Report to congress.--The Secretary shall report
[annually] triennially to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate--
(A) on the performance of the marine safety
program in achieving the goals of the marine
safety strategy and annual plan under
subsection (a) for the year covered by the
report;
(B) on the program's mission performance in
achieving numerical measurable goals
established under subsection (b), including--
(i) the number of civilian and
military Coast Guard personnel assigned
to marine safety positions; and
(ii) an identification of marine
safety positions that are understaffed
to meet the workload required to
accomplish each activity included in
the strategy and plans under subsection
(a); and
(C) recommendations on how to improve
performance of the program.
* * * * * * *
PART B--INSPECTION AND REGULATION OF VESSELS
* * * * * * *
CHAPTER 33--INSPECTION GENERALLY
* * * * * * *
Sec. 3306. Regulations
(a) To carry out this part and to secure the safety of
individuals and property on board vessels subject to
inspection, the Secretary shall prescribe necessary regulations
to ensure the proper execution of, and to carry out, this part
in the most effective manner for--
(1) the design, construction, alteration, repair, and
operation of those vessels, including superstructures,
hulls, fittings, equipment, appliances, propulsion
machinery, auxiliary machinery, boilers, unfired
pressure vessels, piping, electric installations, and
accommodations for passengers and crew, sailing school
instructors, and sailing school students;
(2) lifesaving equipment and its use;
(3) firefighting equipment, its use, and
precautionary measures to guard against fire;
(4) inspections and tests related to paragraphs (1),
(2), and (3) of this subsection; and
(5) the use of vessel stores and other supplies of a
dangerous nature.
(b)(1) Equipment and material subject to regulation under
this section may not be used on any vessel without prior
approval of the Secretary.
(2) Except with respect to use on a public vessel,
the Secretary may treat an approval of equipment or
materials by a foreign government as approval by the
Secretary for purposes of paragraph (1) if the
Secretary determines that--
(A) the design standards and testing
procedures used by that government meet the
requirements of the International Convention
for the Safety of Life at Sea, 1974;
(B) the approval of the equipment or material
by the foreign government will secure the
safety of individuals and property on board
vessels subject to inspection; and
(C) for lifesaving equipment, the foreign
government--
(i) has given equivalent treatment to
approvals of lifesaving equipment by
the Secretary; and
(ii) otherwise ensures that
lifesaving equipment approved by the
Secretary may be used on vessels that
are documented and subject to
inspection under the laws of that
country.
(c) In prescribing regulations for sailing school vessels,
the Secretary shall consult with representatives of the private
sector having experience in the operation of vessels likely to
be certificated as sailing school vessels. The regulations
shall--
(1) reflect the specialized nature of sailing school
vessel operations, and the character, design, and
construction of vessels operating as sailing school
vessels; and
(2) include requirements for notice to sailing school
instructors and sailing school students about the
specialized nature of sailing school vessels and
applicable safety regulations.
(d) In prescribing regulations for nautical school vessels
operated by the United States Merchant Marine Academy or by a
State maritime academy (as defined in section 51102 of this
title), the Secretary shall consider the function, purpose, and
operation of the vessels, their routes, and the number of
individuals who may be carried on the vessels.
(e) When the Secretary finds it in the public interest, the
Secretary may suspend or grant exemptions from the requirements
of a regulation prescribed under this section related to
lifesaving and firefighting equipment, muster lists, ground
tackle and hawsers, and bilge systems.
(f) In prescribing regulations for offshore supply vessels,
the Secretary shall consider the characteristics, methods of
operation, and the nature of the service of offshore supply
vessels.
(g) In prescribing regulations for fish processing or fish
tender vessels, the Secretary shall consult with
representatives of the private sector having experience in the
operation of these vessels. The regulations shall reflect the
specialized nature and economics of fish processing or fish
tender vessel operations and the character, design, and
construction of fish processing or fish tender vessels.
(h) The Secretary shall establish appropriate structural fire
protection, manning, operating, and equipment requirements for
vessels of at least 100 gross tons but less than 300 gross tons
as measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this title
carrying not more than 150 passengers on domestic voyages,
which meet the eligibility criteria of section 2113(4) of this
title.
(i) The Secretary shall establish appropriate structural fire
protection, manning, operating, and equipment requirements for
former public vessels of the United States of at least 100
gross tons but less that 500 gross tons as measured under
section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title carrying not more
than 150 passengers on domestic voyages, which meet the
eligibility criteria of section 2113(5) of this title.
(j) The Secretary may establish by regulation a safety
management system appropriate for the characteristics, methods
of operation, and nature of service of towing vessels.
(k)(1) Each vessel of the United States that is constructed
under a contract entered into after the date of enactment of
the Maritime Safety Act of 2010, or that is delivered after
January 1, 2011, with an aggregate capacity of 600 cubic meters
or more of oil fuel, shall comply with the requirements of
Regulation 12A under Annex I to the Protocol of 1978 relating
to the International Convention for the Prevention of Pollution
from Ships, 1973, entitled ``Oil Fuel Tank Protection''.
(2) The Secretary may prescribe regulations to apply
the requirements described in Regulation 12A to vessels
described in paragraph (1) that are not otherwise
subject to that convention. Any such regulation shall
be considered to be an interpretive rule for the
purposes of section 553 of title 5.
(3) In this subsection the term ``oil fuel'' means
any oil used as fuel in connection with the propulsion
and auxiliary machinery of the vessel in which such oil
is carried.
(l)(1) The Secretary shall require that a freight vessel
inspected under this chapter be outfitted with distress
signaling and location technology for the higher of--
(A) the minimum complement of officers and crew
specified on the certificate of inspection for such
vessel; or
(B) the number of persons onboard the vessel; and
(2) the requirement described in paragraph (1) shall not
apply to vessels operating within the baseline from which the
territorial sea of the United States is measured.
(m)(1) The Secretary shall promulgate regulations requiring
companies to maintain records of all incremental weight changes
made to freight vessels inspected under this chapter, and to
track weight changes over time to facilitate rapid
determination of the aggregate total.
(2) Records maintained under paragraph (1) shall be stored,
in paper or electronic form, onboard such vessels for not less
than 3 years and shoreside for the life of the vessel.
* * * * * * *
Sec. 3316. Classification societies
(a) Each department, agency, and instrumentality of the
United States Government shall recognize the American Bureau of
Shipping as its agent in classifying vessels owned by the
Government and in matters related to classification, as long as
the Bureau is maintained as an organization having no capital
stock and paying no dividends. The Secretary and the Secretary
of Transportation each shall appoint one representative (except
when the Secretary is the Secretary of Transportation, in which
case the Secretary shall appoint both representatives) who
shall represent the Government on the executive committee of
the Bureau. The Bureau shall agree that the representatives
shall be accepted by it as active members of the committee. The
representatives shall serve without compensation, except for
necessary traveling expenses.
(b)(1) The Secretary may delegate to the American Bureau of
Shipping or another classification society recognized by the
Secretary as meeting acceptable standards for such a society,
for a vessel documented or to be documented under chapter 121
of this title, the authority to--
(A) review and approve plans required for
issuing a certificate of inspection required by
this part;
(B) conduct inspections and examinations; and
(C) issue a certificate of inspection
required by this part and other related
documents.
(2) The Secretary may make a delegation under
paragraph (1) to a foreign classification society
only--
(A) to the extent that the government of the
foreign country in which the society is
headquartered delegates authority and provides
access to the American Bureau of Shipping to
inspect, certify, and provide related services
to vessels documented in that country;
(B) if the foreign classification society has
offices and maintains records in the United
States; and
(C) if the Secretary of State determines that
the foreign classification society does not
provide comparable services in or for a state
sponsor of terrorism.
(3) When an inspection or examination has been
delegated under this subsection, the Secretary's
delegate--
(A) shall maintain in the United States
complete files of all information derived from
or necessarily connected with the inspection or
examination for at least 2 years after the
vessel ceases to be certified; and
(B) shall permit access to those files at all
reasonable times to any officer, employee, or
member of the Coast Guard designated--
(i) as a marine inspector and serving
in a position as a marine inspector; or
(ii) in writing by the Secretary to
have access to those files.
(c)(1) A classification society (including an employee or
agent of that society) may not review, examine, survey, or
certify the construction, repair, or alteration of a vessel in
the United States unless the society has applied for approval
under this subsection and the Secretary has reviewed and
approved that society with respect to the conduct of that
society under paragraph (2).
(2) The Secretary may approve a person for purposes
of paragraph (1) only if the Secretary determines
that--
(A) the vessels surveyed by the person while
acting as a classification society have an
adequate safety record; and
(B) the person has an adequate program to--
(i) develop and implement safety
standards for vessels surveyed by the
person;
(ii) make the safety records of the
person available to the Secretary in an
electronic format;
(iii) provide the safety records of a
vessel surveyed by the person to any
other classification society that
requests those records for the purpose
of conducting a survey of the vessel;
and
(iv) request the safety records of a
vessel the person will survey from any
classification society that previously
surveyed the vessel.
(d)(1) The Secretary may delegate to the American Bureau of
Shipping or another classification society recognized by the
Secretary as meeting acceptable standards for such a society,
for a United States offshore facility, the authority to--
(A) review and approve plans required for
issuing a certificate of inspection, a
certificate of compliance, or any other
certification and related documents issued by
the Coast Guard pursuant to regulations issued
under section 30 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1356); and
(B) conduct inspections and examinations.
(2) The Secretary may make a delegation under
paragraph (1) to a foreign classification society only
if--
(A) the foreign society has offices and
maintains records in the United States;
(B)(i) the government of the foreign country
in which the foreign society is headquartered
delegates that authority to the American Bureau
of Shipping; or
(ii) the Secretary has entered into
an agreement with the government of the
foreign country in which the foreign
society is headquartered that--
(I) ensures the government of
the foreign country will accept
plan review, inspections, or
examinations conducted by the
American Bureau of Shipping and
provide equivalent access to
inspect, certify, and provide
related services to offshore
facilities located in that
country or operating under the
authority of that country; and
(II) is in full accord with
principles of reciprocity in
regards to any delegation
contemplated by the Secretary
under paragraph (1); and
(C) the Secretary of State determines that
the foreign classification society does not
provide comparable services in or for a state
sponsor of terrorism.
(3) If an inspection or examination is conducted
under authority delegated under this subsection, the
person to which the authority was delegated--
(A) shall maintain in the United States
complete files of all information derived from
or necessarily connected with the inspection or
examination for at least 2 years after the
United States offshore facility ceases to be
certified; and
(B) shall permit access to those files at all
reasonable times to any officer, employee, or
member of the Coast Guard designated--
(i) as a marine inspector and serving
in a position as a marine inspector; or
(ii) in writing by the Secretary to
have access to those files.
(4) For purposes of this subsection--
(A) the term ``offshore facility'' means any
installation, structure, or other device
(including any vessel not documented under
chapter 121 of this title or the laws of
another country), fixed or floating, that
dynamically holds position or is temporarily or
permanently attached to the seabed or subsoil
under the sea; and
(B) the term ``United States offshore
facility'' means any offshore facility, fixed
or floating, that dynamically holds position or
is temporarily or permanently attached to the
seabed or subsoil under the territorial sea of
the United States or the outer Continental
Shelf (as that term is defined in section 2 of
the Outer Continental Shelf Lands Act (43
U.S.C. 1331)), including any vessel, rig,
platform, or other vehicle or structure subject
to regulation under section 30 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1356).
(e) The Secretary shall revoke a delegation made to a
classification society under subsection (b) or (d) if the
Secretary of State determines that the classification society
provides comparable services in or for a state sponsor of
terrorism.
(f)(1) Upon request of an owner or operator of an offshore
supply vessel, the Secretary shall delegate the authorities set
forth in paragraph (1) of subsection (b) with respect to such
vessel to a classification society to which a delegation is
authorized under that paragraph. A delegation by the Secretary
under this subsection shall be used for any vessel inspection
and examination function carried out by the Secretary,
including the issuance of certificates of inspection and all
other related documents.
(2) If the Secretary determines that a certificate of
inspection or related document issued under authority
delegated under paragraph (1) of this subsection with
respect to a vessel has reduced the operational safety
of that vessel, the Secretary may terminate the
certificate or document, respectively.
(3) Not later than 2 years after the date of the
enactment of the Howard Coble Coast Guard and Maritime
Transportation Act of 2014, and for each year of the
subsequent 2-year period, the Secretary shall provide
to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
report describing--
(A) the number of vessels for which a
delegation was made under paragraph (1);
(B) any savings in personnel and operational
costs incurred by the Coast Guard that resulted
from the delegations; and
(C) based on measurable marine casualty and
other data, any impacts of the delegations on
the operational safety of vessels for which the
delegations were made, and on the crew on those
vessels.
(g)(1) There shall be within the Coast Guard an office that
conducts comprehensive and targeted oversight of all recognized
organizations that act on behalf of the Coast Guard.
(2) The staff of the office shall include subject matter
experts, including inspectors, investigators, and auditors, who
possess the capability and authority to audit all aspects of
such recognized organizations.
(3) In this subsection the term ``recognized organization''
has the meaning given that term in section 2.45-1 of title 46,
Code of Federal Regulations, as in effect on the date of the
enactment of the Maritime Safety Act of 2018.
[(g)] (h) In this section, the term ``state sponsor of
terrorism'' means any country the government of which the
Secretary of State has determined has repeatedly provided
support for acts of international terrorism pursuant to section
6(j) of the Export Administration Act of 1979 (as continued in
effect under the International Emergency Economic Powers Act),
section 620A of the Foreign Assistance Act of 1961, section 40
of the Arms Export Control Act, or any other provision of law.
* * * * * * *
PART D--MARINE CASUALTIES
* * * * * * *
CHAPTER 61--REPORTING MARINE CASUALTIES
* * * * * * *
Sec. 6101. Marine casualties and reporting
(a) The Secretary shall prescribe regulations on the marine
casualties to be reported and the manner of reporting. The
regulations shall require reporting the following marine
casualties:
(1) death of an individual.
(2) serious injury to an individual.
(3) material loss of property.
(4) material damage affecting the seaworthiness or
efficiency of the vessel.
(5) significant harm to the environment.
(b) A marine casualty shall be reported within 5 days as
provided in this part and regulations prescribed under this
part. Each report filed under this section shall include
information as to whether the use of alcohol contributed to the
casualty.
(c) Notice to State and Tribal Governments.--Not later than
24 hours after receiving a notice of a major marine casualty
under this section, the Secretary shall notify each State or
federally recognized Indian tribe that is, or may reasonably be
expected to be, affected by such marine casualty.
(d)(1) This part applies to a foreign vessel when involved in
a marine casualty on the navigable waters of the United States.
(2) This part applies, to the extent consistent with
generally recognized principles of international law,
to a foreign vessel constructed or adapted to carry, or
that carries, oil in bulk as cargo or cargo residue
involved in a marine casualty described under
subsection (a)(4) or (5) in waters subject to the
jurisdiction of the United States, including the
Exclusive Economic Zone.
(e) A marine casualty not resulting in the death of an
individual shall be classified according to the gravity of the
casualty, as prescribed by regulation, giving consideration to
the extent of injuries to individuals, the extent of property
damage, the dangers that the casualty creates, and the size,
occupation, and means of propulsion of each vessel involved.
(f)(1) This chapter applies to a marine casualty involving a
United States citizen on a foreign passenger vessel operating
south of 75 degrees north latitude, west of 35 degrees west
longitude, and east of the International Date Line; or
operating in the area south of 60 degrees south latitude that--
(A) embarks or disembarks passengers in the
United States; or
(B) transports passengers traveling under any
form of air and sea ticket package marketed in
the United States.
(2) When there is a marine casualty described in
paragraph (1) of this subsection and an investigation
is conducted, the Secretary shall ensure that the
investigation--
(A) is thorough and timely; and
(B) produces findings and recommendations to
improve safety on passenger vessels.
(3) When there is a marine casualty described in
paragraph (1) of this subsection, the Secretary may--
(A) seek a multinational investigation of the
casualty under auspices of the International
Maritime Organization; or
(B) conduct an investigation of the casualty
under chapter 63 of this title.
(g) To the extent consistent with generally recognized
practices and procedures of international law, this part
applies to a foreign vessel involved in a marine casualty or
incident, as defined in the International Maritime Organization
Code for the Investigation of Marine Casualties and Incidents,
where the United States is a Substantially Interested State and
is, or has the consent of, the Lead Investigating State under
the Code.
(h) The Secretary shall publish all major marine casualty
reports prepared in accordance with this section in an
electronic form, and shall provide information electronically
regarding how other marine casualty reports can be obtained.
(i) For purposes of this section, the term ``major marine
casualty'' means a casualty involving a vessel, other than a
public vessel, that results in--
(1) the loss of 6 or more lives;
(2) the loss of a mechanically propelled vessel of
100 or more gross tons;
(3) property damage initially estimated at [$500,000]
$2,000,000 or more; or
(4) serious threat, as determined by the Commandant
of the Coast Guard with concurrence by the Chairman of
the National Transportation Safety Board, to life,
property, or the environment by hazardous materials.
(j) The Secretary shall, as soon as possible, and no later
than January 1, 2005, publish all marine casualty reports
prepared in accordance with this section in an electronic form.
* * * * * * *
CHAPTER 63--INVESTIGATING MARINE CASUALTIES
Sec.
6301. Investigation of marine casualties.
* * * * * * *
6309. Voyage data recorder access.
* * * * * * *
Sec. 6309. Voyage data recorder access
Notwithstanding any other provision of law, the Coast Guard
shall have full and timely access to and ability to use voyage
data recorder data and audio held by any Federal agency in all
marine casualty investigations, regardless of which agency is
the investigative lead.
* * * * * * *
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