[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4058 Introduced in House (IH)]

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 Representatives 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 following:
            ``(14) towing vessels.''.
    (b) Exception.--Section 3302 of title 46, United States Code, is 
amended by adding at the end the following:
    ``(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 vessels;
            ``(2) consult with the Towing Safety Advisory Committee; 
        and
            ``(3) require, to the extent appropriate, the installation, 
        maintenance, and use of the following equipment on each towing 
        vessel, other than a towing vessel that is used only for towing 
        disabled vessels:
                    ``(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 determines 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 within 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 individuals.--Section 
        8301(a) of title 46, United States Code, is amended in the 
        material preceding paragraph (1) by inserting ``passenger'' 
        before ``vessel'' the first place that it appears.
            (2) License and certification classification 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 striking subsections (a) and (b) and 
        inserting the following:
    ``A vessel that is used only for towing disabled vessels for 
consideration shall be operated by an individual licensed by the 
Secretary to operate that type of vessel in the particular geographic 
area, under prescribed regulations.''.
            (4) Regulations.--In prescribing regulations implementing 
        this subsection, the Secretary of Transportation shall use the 
        requirements for an operator uninspected towing vessel license 
        as the minimum requirements for the towing vessel master 
        license required by this subsection, and the requirements for a 
        second class operator uninspected towing vessel license as the 
        minimum requirements for the towing vessel mate license 
        required by this subsection, 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 license.--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 
                subsection until such license is required to be renewed 
                under section 7106 of title 46, United States Code.
                    (B) Licenses described.--The licenses referred to 
                in subparagraph (A) are the following:
                            (i) Operator uninspected towing vessel.
                            (ii) Second class operator uninspected 
                        towing vessel.
    (b) Merchant Mariners' Documents Required.--
            (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 passenger vessel, or 
                an uninspected passenger vessel;'';
                    (C) by striking paragraph (2), and redesignating 
                the subsequent paragraphs accordingly; and
                    (D) in paragraph (6) (as so redesignated) by 
                striking ``clause (6)'' and inserting ``paragraph 
                (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 responsibilities of an individual employed 
        in the category do not relate directly to the safe operation of 
        the vessel.
            ``(3) A person may engage or employ an individual who does 
        not have a merchant mariner's document, 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 
        employment 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 
                        ``passenger'' before ``vessel''; and
                            (ii) by striking paragraph (2), and 
                        redesignating paragraphs (3) through (7) in 
                        order as paragraphs (2) through (6), 
                        respectively; and
                    (B) by striking subsection (c) and redesignating 
                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:
``Sec. 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.''.
    (d) Effective Date.--This section, other than subsection (e), shall 
become effective one year after the date of enactment of this Act.
    (e) Regulations.--The Secretary of Transportation shall issue 
regulations implementing this section by not later than 1 year after 
the date of enactment of this Act.

SEC. 4. VESSEL CASUALTIES.

    (a) Expedited Reporting Required.--Section 6101(b) of title 46, 
United States Code, is amended by striking ``within 5 days'' and 
inserting ``by as soon as practicable, but in no case later than within 
5 days,''.
    (b) Penalty for Failure To Report a Casualty.--Section 6103(a) of 
title 46, United States Code is amended by striking ``$1,000'' and 
inserting ``$25,000''.
    (c) Presumption.--Section 2304 of title 46, United States Code, is 
amended--
            (1) in subsection (a) by inserting ``(1)'' after ``(a)'';
            (2) by redesignating subsection (b) as paragraph (2) of 
        subsection (a); and
            (3) by adding at the end the following:
    ``(b) A master or individual in charge of a vessel who unreasonably 
fails to provide assistance in accordance with subsection (a)(1) to an 
individual in danger of being lost as a result of a collision between 2 
or more vessels is deemed, for purposes of any action for damages that 
arises out of the collision, unless proven to the contrary, to have 
caused the collision by wrongful act, neglect, or default.''.

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