[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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