[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3385 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3385

 To direct the Consumer Product Safety Commission to issue rules that 
set safety standards for marine internal combustion engines, including 
   in regard to the emissions of toxic fumes, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 29, 2001

  Mr. Shadegg (for himself and Mr. McInnis) introduced the following 
 bill; which was referred to the Committee on Energy and Commerce, and 
in addition to the Committee on Transportation and Infrastructure, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To direct the Consumer Product Safety Commission to issue rules that 
set safety standards for marine internal combustion engines, including 
   in regard to the emissions of toxic fumes, 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. FINDINGS.

    The Congress finds the following:
            (1) Carbon monoxide is a silent killer. It is undetectable 
        to sight or smell and is lethal within seconds in the levels 
        found on houseboats. In fact, victims believe they are 
        breathing clean air until they slip into unconsciousness.
            (2) Currently, there is no standard for reporting boating 
        accidents and deaths. A death due to carbon monoxide exposure 
        often appears to be a simple drowning, and witnesses to the 
        drowning often report that the early symptoms appear as alcohol 
        intoxication. This makes the reporting of the incident 
        extremely difficult.
            (3) There have been 45 deaths and 234 injuries over the 
        last two years associated with carbon monoxide exposure and 
        boating. However, these numbers are incomplete because of the 
        absence of a mandatory reporting requirement. The actual number 
        is likely to be much higher.
            (4) The Subcommittee on Coast Guard and Maritime 
        Transportation of the Transportation and Infrastructure 
        Committee of the House of Representatives held a hearing on 
        recreational boating safety on May 15, 2001, that covered 
        carbon monoxide poisoning on houseboats. Despite the testimony 
        heard on the dangers posed by carbon monoxide, the Coast Guard 
        failed to initiate a rulemaking rectifying the situation.
            (5) There have been 2 deaths on Lake Powell during the 
        summer of 2001 alone due carbon monoxide. There have been a 
        larger than average number of carbon monoxide deaths and 
        injuries on Lake Powell, including 10 in the last 10 years, 
        because of its scenic location and high concentration of 
        visitors spending time on houseboats.

SEC. 2. TREATMENT OF MARINE INTERNAL COMBUSTION ENGINES AS CONSUMER 
              PRODUCT.

    Section 3(a)(1)(G) of the Consumer Product Safety Act (15 U.S.C. 
2052(a)(1)(G)) is amended by adding at the end the following: ``, 
except that the term `consumer product' includes a marine internal 
combustion engine,''.

SEC. 3. RULES SETTING SAFETY STANDARDS FOR MARINE INTERNAL COMBUSTION 
              ENGINES.

    (a) In General.--The Consumer Product Safety Act (15 U.S.C. 2051 et 
seq.) is amended by adding at the end the following:

                  ``marine internal combustion engines

    ``Sec. 38. (a) The Commission shall issue rules that set safety 
standards for marine internal combustion engines, including in regards 
to the emissions of toxic fumes.
    ``(b) The Commission may recall any marine internal combustion 
engine that poses a risk of death or serious injury to consumers 
because of emissions of toxic fumes.
    ``(c) In the instance of potentially toxic fumes from a marine 
internal combustion engine, the Commission shall require the display of 
a prominent and permanent warning label in an area that is readily 
visible to consumers utilizing that product.
    ``(d) In the instance where a potential exists for toxic fumes from 
a marine internal combustion engine to occur, the Commission shall 
require the installation of an alarm that gives an audible and visible 
warning. Such an alarm shall be installed in a manner such that the 
internal combustion engine will be disabled if the alarm is 
disconnected or rendered inoperable.
    ``(e) The Commission shall work with related agencies to determine 
a proper way to eliminate or significantly reduce the danger of 
potentially toxic fumes due to the operation of marine internal 
combustion engines. The Commission may work with any agency that has 
expertise in this issue.
    ``(f) The Commission shall coordinate with related agencies to 
prepare and submit to the Energy and Commerce Committee of the House of 
Representatives an annual report on all incidents involving harm caused 
by toxic fumes by marine internal combustion engines, by not later than 
April 1 of each year.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of such Act is amended by adding at the end the following:

        ``Sec. 38. Marine internal combustion engines.''.

SEC. 4. TRANSFER OF FUNCTIONS.

    Section 30(a) of the Consumer Product Safety Act (15 U.S.C. 
2079(a)) is amended by adding at the end the following: ``The functions 
of the Coast Guard relating to the regulation of marine internal 
combustion engines are transferred to the Commission.''.

SEC. 5. CONSTITUTIONAL AUTHORITY.

    The constitutional authority under which this Act is enacted is the 
power of the Congress to regulate commerce as enumerated in article 1, 
section 8 of the Constitution.
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