[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1159 Reported in House (RH)]
Union Calendar No. 51
103d CONGRESS
1st Session
H. R. 1159
[Report No. 103-99]
_______________________________________________________________________
A BILL
To revise, clarify, and improve certain marine safety laws of the
United States, and for other purposes.
_______________________________________________________________________
May 19, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Union Calendar No. 51
103d CONGRESS
1st Session
H. R. 1159
[Report No. 103-99]
To revise, clarify, and improve certain marine safety laws of the
United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 1, 1993
Mr. Tauzin (for himself, Mr. Studds, Mr. Fields of Louisiana, and Mr.
Coble) introduced the following bill; which was referred to the
Committee on Merchant Marine and Fisheries
May 19, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
1, 1993]
_______________________________________________________________________
A BILL
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Passenger Vessel Safety 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--
``(i) the owner or an individual
representative 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, engaged in
the business of the charterer; or
``(iv) an individual employed in a phase of
exploration, exploitation, or production of
offshore mineral or energy resources served by
the vessel.
``(C) on a fishing vessel, fish processing vessel,
or fish tender 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) 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, engaged 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 business of the
demise charterer; or
``(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, including
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, including at
least one passenger for hire;
``(B) that is chartered with the crew provided or
specified by the owner or the owner's representative
and carrying more than 6 passengers;
``(C) that is chartered with no crew provided or
specified by the owner or the owner's representative
and carrying more than 12 passengers; 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 passengers,
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 passengers,
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 6 passengers.''.
SEC. 6. PASSENGER FOR HIRE.
Section 2101 of title 46, United States Code, is amended by
inserting between paragraphs (21) and (22) a new paragraph (21a) to
read as follows:
``(21a) `passenger for hire' means a passenger for whom
consideration is contribution as a condition of carriage on the
vessel, whether directly or indirectly flowing to the owner,
charterer, operator, agent, or any other person having an
interest in the vessel.''.
SEC. 7. CONSIDERATION.
Section 2101 of title 46, United States Code, is amended by
inserting between paragraphs (5) and (6) a new paragraph (5a) to read
as follows:
``(5a) `consideration' means an economic benefit,
inducement, right, or profit including pecuniary payment
accruing to an individual, person, or entity, but not including
a voluntary sharing of the actual expenses of the voyage, by
monetary contribution or donation of fuel, food, beverage, or
other supplies.''.
SEC. 8. OFFSHORE SUPPLY VESSEL.
Section 2101(19) of title 46, United States Code, is amended by
inserting ``individuals in addition to the crew,'' immediately after
``supplies,'' and by striking everything after ``resources'' to the
period at the end.
SEC. 9. SAILING SCHOOL VESSEL.
Section 2101(30) of title 46, United States Code, is amended in
subparagraph (B) by striking ``at least 6'' and substituting ``more
than 6''.
SEC. 10. SUBMERSIBLE VESSEL.
Section 2101 of title 46, United States Code, is amended by
inserting between paragraphs (37) and (38) a new paragraph (37a) to
read as follows:
``(37a) `submersible vessel' means a vessel that is capable
of operating below the surface of the water.''.
SEC. 11. GENERAL PROVISION.
(a) Section 2113 of title 46, United States Code, is amended to
read as follows:
``Sec. 2113. Authority to exempt certain vessels
``If the Secretary decides that the application of a provision of
part B, C, F, or G of this subtitle is not necessary in performing the
mission of the vessel engaged in excursions or an oceanographic
research vessel, or not necessary for the safe operation of certain
passenger vessels, the Secretary by regulation may--
``(1) for an excursion vessel, issue a special permit
specifying the conditions of operation and equipment;
``(2) exempt an oceanographic research vessel from that
provision under conditions the Secretary may specify; and
``(3) establish different operating and equipment
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 enactment of this
subsection, the Secretary shall, by regulation, require certain
additional equipment including liferafts or other lifesaving equipment,
construction standards, 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 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 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).