[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3088 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 665
114th CONGRESS
  2d Session
                                S. 3088

                          [Report No. 114-372]

     To provide a deadline for compliance with an alternate safety 
               compliance program and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2016

Mr. Sullivan (for himself, Ms. Cantwell, and Ms. Murkowski) introduced 
the following bill; which was read twice and referred to the Committee 
                on Commerce, Science, and Transportation

                           November 15, 2016

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
     To provide a deadline for compliance with an alternate safety 
               compliance program and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. DEADLINE FOR COMPLIANCE WITH ALTERNATIVE SAFETY 
              COMPLIANCE PROGRAM.</DELETED>

<DELETED>    Section 4503(d) of title 46, United States Code, is 
amended by striking paragraphs (1) and (2) and inserting the 
following:</DELETED>
<DELETED>    ``(1) After the later of January 1, 2020, or the end of 
the 3-year period beginning on the date the Secretary issues a final 
rule establishing an alternate safety compliance program developed in 
cooperation with the commercial fishing industry for fishing vessels, 
fish processing vessels, or fish tender vessels to which section 
4502(b) of this title applies, such a vessel shall comply with such 
program, if the vessel--</DELETED>
        <DELETED>    ``(A) is at least 50 feet overall in 
        length;</DELETED>
        <DELETED>    ``(B) is built before July 1, 2012; and</DELETED>
        <DELETED>    ``(C) is 25 years of age or older.</DELETED>
<DELETED>    ``(2) If, after such alternate safety compliance program 
is established, there are substantial changes to the requirements of 
the alternate safety compliance program, the Secretary shall provide at 
least three years for fishing vessels, fish processing vessels, or fish 
tender vessels to which section 4502(b) of this title applies to comply 
with such changes.''.</DELETED>

<DELETED>SEC. 2. COORDINATION.</DELETED>

<DELETED>    Not later than 30 days after the date of the enactment of 
this Act, the Secretary of the department in which the Coast Guard is 
operating shall publish and disseminate a Coast Guard policy to 
standardize coordination, outreach, and design of the alternate 
compliance program referred to in section 4503(d)(1) of title 46, 
United States Code, to ensure consistency between Coast Guard 
Districts.</DELETED>

<DELETED>SEC. 3. PUBLIC ENGAGEMENT.</DELETED>

<DELETED>    Not later than 30 days after the date of the enactment of 
this Act, the Secretary of the department in which the Coast Guard is 
operating shall publish a public memorandum for the fishing, 
shipbuilding, and maritime industry and the public including guidance, 
timelines, and opportunities for public engagement.</DELETED>

<DELETED>SEC. 4. REPORT TO CONGRESS.</DELETED>

<DELETED>    No later than June 1, 2018, the Secretary of the 
department in which the Coast Guard is operating in coordination with 
the head of the National Institute of Occupational Health and Safety, 
shall submit a report to Congress on the progress of the design and 
implementation of the alternate compliance program referred to in 
section 4503(d)(1) of title 46, United States Code, which shall 
include--</DELETED>
        <DELETED>    (1) meeting summaries, including, the date, 
        location, industry represented and a summary of topics, from--
        </DELETED>
                <DELETED>    (A) a public forum, including fish expos, 
                conferences, and other appropriate venues;</DELETED>
                <DELETED>    (B) meetings with fleet-specific industry 
                representatives;</DELETED>
                <DELETED>    (C) meetings with fleet-specific industry 
                representatives where the design and implementation of 
                fleet-specific annexes was discussed; and</DELETED>
                <DELETED>    (D) outreach completed in by each District 
                Coordinator;</DELETED>
        <DELETED>    (2) all documents provided to the public, 
        including drafts of area plans and annexes;</DELETED>
        <DELETED>    (3) a prioritized list of the high-risk fisheries 
        being evaluated by the Coast Guard for additional safety 
        requirements;</DELETED>
        <DELETED>    (4) a list of all fleets where annexes are 
        currently being designed, or may be designed, including 
        rationale for each fleet's inclusion in the list;</DELETED>
        <DELETED>    (5) a summary of outreach to naval architects or 
        other experts involved in the design of the program;</DELETED>
        <DELETED>    (6) references for data and analyses being used to 
        determine safety criteria in both area plans as well as 
        annexes; and</DELETED>
        <DELETED>    (7) a summary of appropriations used to design and 
        implement the program, as well as appropriations needed to 
        complete the program under the deadline prescribed.</DELETED>

SECTION 1. DEADLINE FOR COMPLIANCE WITH ALTERNATIVE SAFETY COMPLIANCE 
              PROGRAM.

    Section 4503(d) of title 46, United States Code, is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs 
        (6) and (7), respectively; and
            (2) by strike paragraphs (1), (2), and (3) and inserting 
        the following:
    ``(1) After the later of January 1, 2021, or the end of the 3-year 
period beginning on the date the Secretary issues a final rule 
establishing an alternate safety compliance program developed in 
cooperation with the commercial fishing industry for fishing vessels, 
fish processing vessels, or fish tender vessels to which section 
4502(b) of this title applies, such a vessel shall comply with such 
program, if the vessel--
    ``(A) is at least 50 feet in registered length;
    ``(B) is built before July 1, 2012; and
    ``(C) is 25 years of age or older.
    ``(2) A fishing vessel, fish processing vessel, or fish tender 
vessel built before July 1, 2012 that undergoes a major conversion 
completed after the later of July 1, 2012, or the date the Secretary 
establishes standards for an alternate safety compliance program, shall 
comply with such an alternative safety compliance program that is 
developed in cooperation with the commercial fishing industry and 
prescribed by the Secretary.
    ``(3) If, after such alternate safety compliance program, the 
addition of annexes thereto or changes to such annexes, is established, 
there are substantial changes to the requirements of the alternate 
safety compliance program, the Secretary shall provide at least three 
years for fishing vessels, fish processing vessels, or fish tender 
vessels to which section 4502(b) of this title applies to comply with 
such changes.
    ``(4) Alternative safety compliance programs shall be developed for 
purposes of paragraph (1) for specific regions and fisheries
    ``(5) Nothing in this section may be construed to supersede any 
existing alternate safety compliance programs in effect on the date of 
the enactment of this paragraph.''.

SEC. 2. COORDINATION.

    Not later than 30 days after the date of the enactment of this Act, 
the Secretary of the department in which the Coast Guard is operating 
shall publish and disseminate a Coast Guard policy to standardize 
coordination, outreach, and design of the alternate safety compliance 
program referred to in paragraph (1) of section 4503(d) of the title 
46, United States Code, that is in compliance with paragraph (4) of 
such section to ensure consistency between Coast Guard Districts.

SEC. 3. PUBLIC ENGAGEMENT.

    Not later than 30 days after the date of the enactment of this Act, 
the Secretary of the department in which the Coast Guard is operating 
shall publish a public memorandum for the fishing, shipbuilding, and 
maritime industry and the public including guidance, timelines, 
opportunities for public engagement.

SEC. 4. REPORT TO CONGRESS.

    No later than June 1, 2018, the Secretary of the department in 
which the Coast Guard is operating in coordination with the head of the 
National Institute of Occupational Health and Safety, shall submit a 
report to Congress on the progress of the design and implementation of 
the alternate safety compliance program referred to in section 
4503(d)(1) of the title 46, United States Code, which shall include--
            (1) meeting summaries, including, the date, location, 
        industry represented and the manner in which such documents 
        were provided and a summary of topics, from--
                    (A) a public forum, including fish expos, 
                conferences, and other appropriate venues;
                    (B) meetings with fleet-specific industry 
                representatives;
                    (C) meetings with fleet-specific industry 
                representatives where the design and implementation of 
                fleet-specific annexes was discussed; and
                    (D) outreach completed by each District 
                Coordinator;
            (2) all documents provided to the public, including drafts 
        of area plans and annexes and the manner in which such 
        documents were provided;
            (3) a prioritized list of the high risk fisheries being 
        evaluated by the Coast Guard for additional safety 
        requirements;
            (4) a list of all fleets where annexes are currently being 
        designed, or may be designed, including rationale for each 
        fleet's inclusion in the list;
            (5) a summary of outreach to the Commercial Fishing Vessel 
        Advisory Committee, naval architects, or other experts involved 
        in the design of the program;
            (6) references for data and analyses being used to 
        determine safety criteria in both area plans as well as 
        annexes; and
            (7) a summary of appropriations used to design and 
        implement the program, as well as appropriations needed to 
        complete the program under the deadline prescribed.
                                                       Calendar No. 665

114th CONGRESS

  2d Session

                                S. 3088

                          [Report No. 114-372]

_______________________________________________________________________

                                 A BILL

     To provide a deadline for compliance with an alternate safety 
               compliance program and for other purposes.

_______________________________________________________________________

                           November 15, 2016

                       Reported with an amendment