[Senate Report 114-372]
[From the U.S. Government Publishing Office]
Calendar No. 665
114th Congress } { Report
SENATE
2d Session } { 114-372
_______________________________________________________________________
A BILL TO PROVIDE A DEADLINE FOR COMPLIANCE WITH AN ALTERNATE SAFETY
COMPLIANCE PROGRAM AND FOR OTHER PURPOSES
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 3088
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 15, 2016.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
69-010 WASHINGTON : 2016
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourteenth congress
second session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas ED MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel
Calendar No. 665
114th Congress } { Report
SENATE
2d Session } { 114-372
======================================================================
A BILL TO PROVIDE A DEADLINE FOR COMPLIANCE WITH AN ALTERNATE SAFETY
COMPLIANCE PROGRAM AND FOR OTHER PURPOSES
_______
November 15, 2016.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 3088]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 3088), to provide a deadline
for compliance with an alternate safety compliance program and
for other purposes, having considered the same, reports
favorably thereon with an amendment (in the nature of a
substitute) and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 3088 is to adjust the deadline for
compliance with the Coast Guard's Alternative Safety Compliance
Program, as established in the Coast Guard Reauthorization Act
of 2010 (Act of 2010).\1\ The legislation would guarantee
mariners a minimum of 3 years to comply with any new
regulations and eliminate the mandated compliance deadline of
January 1, 2020. This legislation would direct the Coast Guard
to conduct public engagement and coordination with diverse
fleets prior to the implementation of any new safety
regulations. Lastly, it would require the Secretary of the
department in which the Coast Guard is operating, in
coordination with the National Institute of Occupational Health
and Safety, to submit a report to Congress on the progress of
the design and implementation of the Alternative Safety
Compliance Program.
Background and Needs
The Act of 2010 mandated sweeping changes to fishing vessel
safety. The development of the commercial fishing vessel
Alternative Safety Compliance Program was one of those changes.
This program is intended to provide increased safety to the
commercial fishing fleet and eliminate the ambiguous
delineation of when requirements are mandated.\2\ Alternate
programs can be developed for specific regions and fisheries in
cooperation with the commercial fishing industry. The statutory
deadline for the Coast Guard to prescribe the Alternative
Safety Compliance Program is January 1, 2017.\3\ The current
deadline for compliance with the new requirements is January 1,
2020. The Coast Guard released the draft Pacific Area Plan on
April 14, 2016, and it is unclear when other regional plans
will be available for discussion or if the final plan will
resemble the draft plan.
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\1\P.L. 111-281
\2\Update on U.S. Commercial Fishing Industry Vessel Requirements,
at http://www.uscg.mil/d13/cfvs/ASC/
Update%20on%20CFVS%20Requirements%20-%201Mar2013.pdf.
\3\Ibid.
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Safety and enforcement
Casualty data show that approximately two-thirds of
commercial fishing vessels lost to flooding result from hull or
equipment failure; poor maintenance is often a factor. The
older the vessel, the more likely it is to experience a
catastrophic event. The Coast Guard does not have authority to
require inspection of fishing vessels. It does have a voluntary
fishing vessel exam program, but exams are much less intrusive
than inspections. For example, exams can confirm compliance
with safety equipment requirements, but are less likely to
reveal structural deficiencies. Moreover, except for fish
processing vessels built after 1990, commercial fishing vessels
are currently not required to meet construction standards such
as survey and classification requirements. Thus, there has been
little authority or ability to enforce construction standards
and material condition on commercial fishing vessels. Standards
to ensure a maintained vessel and a stringent application of
safety standards on older commercial fishing vessels would
improve the safety of such vessels. While many improvements to
fishing vessel safety, such as dockside exams, have occurred as
a result of the Act of 2010, construction and maintenance
standards have not yet been fully implemented.
Industry concerns
Recently, there has been some concern by the commercial
fishing industry that they have not been consulted, as was
statutorily required, in the development of the Alternative
Safety Compliance Program. There is further concern that, due
to the approaching January 1, 2017, deadline for a final
Alternative Safety Compliance Program, the Coast Guard may use
a ``one size fits all'' standard for the entire country rather
than developing regional plans. This legislation seeks to
mitigate such concerns.\4\
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\4\Ibid.
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Summary of Provisions
If enacted, S. 3088 would do the following:
Change the mandated implementation deadline
date from January 1, 2020, to whichever is later:
January 1, 2021, or 3 years after a final rule is
released by the Coast Guard.
Reinforce the requirement that the rules
must be developed in cooperation with industry.
Allow 3 years before any fishing vessels
need to comply with any substantial change to the
requirements of the Alternative Safety Compliance
Program.
Direct the Coast Guard to improve
coordination and outreach.
Direct the Coast Guard to provide a report
to Congress on the progress of the design and
implementation of the Alternative Safety Compliance
Program.
Legislative History
S. 3088 was introduced on June 23, 2016, by Senator
Sullivan and cosponsored by Senator Cantwell. A related bill
was introduced by Representative Hunter (H.R. 5531). H.R. 5531
would amend the Alternative Safety Compliance Program deadline
from January 1, 2020, to 3 years after implementation of new
rules.
On June 28, 2016, Senator Sullivan offered an amendment in
the nature of a substitute to S. 3088 to modify the compliance
deadline to January 1, 2021, or the end of the 3 year period
beginning on the date the Secretary issues a final rule
establishing an Alternative Safety Compliance Program,
whichever is later.
On June 29, 2016, the Committee met in open Executive
Session and, by voice vote, reported S. 3088 favorably with an
amendment (in the nature of a substitute).
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 3088--A bill to provide a deadline for compliance with an alternate
safety compliance program and for other purposes
S. 3088 would delay, for at least three years, the deadline
for complying with certain safety requirements related to
commercial fishing vessels. The bill would require the Coast
Guard, the agency primarily responsible for administering laws
and regulations related to maritime safety, to improve
coordination and outreach and complete other administrative
tasks related to those safety requirements.
CBO estimates that enacting S. 3088 would have no
significant effect on the federal budget. Based on information
from the Coast Guard about the anticipated administrative costs
of increased outreach efforts and reporting requirements, CBO
estimates that any increased spending under the bill (which
would be subject to appropriation) would not exceed $500,000 in
any year. Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting S. 3088 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
S. 3088 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
S. 3088, as reported, does not create any new programs or
impose any new regulatory requirements, and therefore would not
subject any individuals or businesses to new regulations.
economic impact
The legislation is not expected to have a negative impact
on the Nation's economy.
privacy
The reported bill is not expected to impact the personal
privacy of individuals.
paperwork
S. 3088 would require 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, to submit a report to Congress on the design and
implementation of the Alternative Safety Compliance Program no
later than June 1, 2018.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Deadline for compliance with Alternative Safety Compliance
Program.
This section would amend existing law to change the
implementation deadline of the Alternative Safety Compliance
Program from January 1, 2020, to whichever is later: January 1,
2021, or 3 years after the date the Coast Guard issues a final
rule establishing an alternate safety compliance program. This
section also would grant any vessel to which section 4502(b) of
title 46, United States Code, applies at least 3 additional
years to comply with any substantial changes to the Alternative
Safety Compliance Program.
Section 2. Coordination.
This section would require the Coast Guard to publish and
disseminate a standardized plan for coordination, outreach, and
design of the Alternative Safety Compliance Program within 30
days of the bill's date of enactment.
Section 3. Public engagement.
This section would require the Coast Guard to publish a
memorandum for the public and the fishing, shipbuilding, and
maritime industries that includes guidance, timelines, and
opportunities for public engagement concerning the Alternative
Safety Compliance Program within 30 days of the bill's date of
enactment.
Section 4. Report to Congress.
This section would direct 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, to submit a report by June 1, 2018, on the progress of
the design and implementation of the Alternative Safety
Compliance Program. This report would be in cooperation with
the National Institute of Occupational Health and Safety and
would cover the following:
Meeting summaries and specific details of
meetings.
All documents provided to the public.
Drafts of plans and annexes.
A prioritized list of high risk fisheries
being considered for additional safety requirements.
A list of fleets under annexes and rationale
for inclusion.
A summary of outreach to experts involved in
the design of the program.
References for data and analyses used.
A summary of appropriations used and still
needed to complete the program under the deadline.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
TITLE 46. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART B. INSPECTION AND REGULATION OF VESSELS
CHAPTER 45. UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS
Sec. 4503. Fishing, fish tender, and fish processing vessel
certification
* * * * * * *
(d)
[(1) After January 1, 2020, a fishing vessel, fish
processing vessel, or fish tender vessel to which
section 4502(b) of this title applies shall comply with
an alternate safety compliance program that is
developed in cooperation with the commercial fishing
industry and prescribed by the Secretary, if the
vessel--
[(A) is at least 50 feet overall in length;
[(B) is built before July 1, 2013; and
[(C) is 25 years of age or older.
[(2) A fishing vessel, fish processing vessel, or
fish tender vessel built before July 1, 2013, that
undergoes a major conversion completed after the later
of July 1, 2013, 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) Alternative safety compliance programs may be
developed for purposes of paragraph (1) for specific
regions and fisheries.]
(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.
[(4)](6) Notwithstanding paragraph (1), vessels owned
by a person that owns more than 30 vessels subject to
that paragraph are not required to meet the alternate
safety compliance requirements of that paragraph until
January 1, 2030, if that owner enters into a compliance
agreement with the Secretary that provides for a fixed
schedule for all of the vessels owned by that person to
meet requirements of that paragraph by that date and
the vessel owner is meeting that schedule.
[(5)](7) A fishing vessel, fish processing vessel, or
fish tender vessel to which section 4502(b) of this
title applies that was classed before July 1, 2012,
shall--
(A) remain subject to the requirements of a
classification society approved by the
Secretary; and
(B) have on board a certificate from that
society.
* * * * * * *
[all]