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H.R. 1159 (103rd): Passenger Vessel Safety Act of 1993

The text of the bill below is as of Jun 10, 1993 (Referred to Senate Committee).


HR 1159 RFS

103d CONGRESS

1st Session

H. R. 1159

IN THE SENATE OF THE UNITED STATES

June 10, 1993

Received; read twice and referred to the Committee on Commerce, Science, and Transportation


AN ACT

To revise, clarify, and improve certain marine safety laws of the United States, 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. SHORT TITLE.

    This Act may be cited as the ‘Passenger Vessel Safety Act of 1993’.

SEC. 2. PASSENGER.

    Section 2101(21) of title 46, United States Code, is amended to read as follows:

      ‘(21) ‘passenger’--

        ‘(A) means an individual carried on the vessel except--

          ‘(i) the owner or an individual representative of the owner or, in the case of a vessel under charter, an individual charterer or individual representative of the charterer;

          ‘(ii) the master; or

          ‘(iii) a member of the crew engaged in the business of the vessel who has not contributed consideration for carriage and who is paid for on board services.

        ‘(B) on an offshore supply vessel, means an individual carried on the vessel except--

          ‘(i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph;

          ‘(ii) an employee of the owner, or of a subcontractor to the owner, engaged in the business of the owner;

          ‘(iii) an employee of the charterer, or of a subcontractor to the charterer, engaged in the business of the charterer; or

          ‘(iv) an individual employed in a phase of exploration, exploitation, or production of offshore mineral or energy resources served by the vessel.

        ‘(C) on a fishing vessel, fish processing vessel, or fish tender vessel, means an individual carried on the vessel except--

          ‘(i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph;

          ‘(ii) a managing operator;

          ‘(iii) an employee of the owner, or of a subcontractor to the owner, engaged in the business of the owner; or

          ‘(iv) an employee of the charterer, or of a subcontractor to the charterer, engaged in the business of the charterer.

        ‘(D) on a sailing school vessel, means an individual carried on the vessel except--

          ‘(i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph;

          ‘(ii) an employee of the owner of the vessel engaged in the business of the owner, except when the vessel is operating under a demise charter;

          ‘(iii) an employee of the demise charterer of the vessel engaged in the business of the demise charterer; or

          ‘(iv) a sailing school instructor or sailing school student.’.

SEC. 3. PASSENGER VESSEL.

    Section 2101(22) of title 46, United States Code, is amended to read as follows:

      ‘(22) ‘passenger vessel’ means a vessel of at least 100 gross tons--

        ‘(A) carrying more than 12 passengers, including at least one passenger for hire;

        ‘(B) that is chartered and carrying more than 12 passengers; or

        ‘(C) that is a submersible vessel carrying at least one passenger for hire.’.

SEC. 4. SMALL PASSENGER VESSEL.

    Section 2101(35) of title 46, United States Code, is amended to read as follows:

      ‘(35) ‘small passenger vessel’ means a vessel of less than 100 gross tons--

        ‘(A) carrying more than 6 passengers, including at least one passenger for hire;

        ‘(B) that is chartered with the crew provided or specified by the owner or the owner’s representative and carrying more than 6 passengers;

        ‘(C) that is chartered with no crew provided or specified by the owner or the owner’s representative and carrying more than 12 passengers; or

        ‘(D) that is a submersible vessel carrying at least one passenger for hire.’.

SEC. 5. UNINSPECTED PASSENGER VESSEL.

    Section 2101(42) of title 46, United States Code, is amended to read as follows:

      ‘(42) ‘uninspected passenger vessel’ means an uninspected vessel--

        ‘(A) of at least 100 gross tons--

          ‘(i) carrying not more than 12 passengers, including at least one passenger for hire; or

          ‘(ii) that is chartered with the crew provided or specified by the owner or the owner’s representative and carrying not more than 12 passengers; and

        ‘(B) of less than 100 gross tons--

          ‘(i) carrying not more than 6 passengers, including at least one passenger for hire; or

          ‘(ii) that is chartered with the crew provided or specified by the owner or the owner’s representative and carrying not more than 6 passengers.’.

SEC. 6. PASSENGER FOR HIRE.

    Section 2101 of title 46, United States Code, is amended by inserting between paragraphs (21) and (22) a new paragraph (21a) to read as follows:

      ‘(21a) ‘passenger for hire’ means a passenger for whom consideration is contribution as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel.’.

SEC. 7. CONSIDERATION.

    Section 2101 of title 46, United States Code, is amended by inserting between paragraphs (5) and (6) a new paragraph (5a) to read as follows:

      ‘(5a) ‘consideration’ means an economic benefit, inducement, right, or profit including pecuniary payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies.’.

SEC. 8. OFFSHORE SUPPLY VESSEL.

    Section 2101(19) of title 46, United States Code, is amended by inserting ‘individuals in addition to the crew,’ immediately after ‘supplies,’ and by striking everything after ‘resources’ to the period at the end.

SEC. 9. SAILING SCHOOL VESSEL.

    Section 2101(30) of title 46, United States Code, is amended in subparagraph (B) by striking ‘at least 6’ and substituting ‘more than 6’.

SEC. 10. SUBMERSIBLE VESSEL.

    Section 2101 of title 46, United States Code, is amended by inserting between paragraphs (37) and (38) a new paragraph (37a) to read as follows:

      ‘(37a) ‘submersible vessel’ means a vessel that is capable of operating below the surface of the water.’.

SEC. 11. GENERAL PROVISION.

    (a) Section 2113 of title 46, United States Code, is amended to read as follows:

‘Sec. 2113. Authority to exempt certain vessels

    ‘If the Secretary decides that the application of a provision of part B, C, F, or G of this subtitle is not necessary in performing the mission of the vessel engaged in excursions or an oceanographic research vessel, or not necessary for the safe operation of certain vessels carrying passengers, the Secretary by regulation may--

      ‘(1) for an excursion vessel, issue a special permit specifying the conditions of operation and equipment;

      ‘(2) exempt an oceanographic research vessel from that provision under conditions the Secretary may specify; and

      ‘(3) establish different operating and equipment requirements for vessels defined in section 2101(42)(A) of this title.’.

    (b) Section 4105 of title 46, United States Code, is amended--

      (1) by inserting ‘(a)’ before the text; and

      (2) by adding a new subsection (b) to read as follows:

    ‘(b) Within twenty-four months of the date of enactment of this subsection, the Secretary shall, by regulation, require certain additional equipment which may include liferafts or other lifesaving equipment, construction standards, or specify additional operating standards for those uninspected passenger vessels defined in section 2101(42)(A) of this title.’.

SEC. 12. EFFECTIVE DATE.

    (a) Regulations governing small passenger vessels and passenger vessels, as those terms are defined in 46 U.S.C. 2101, which are chartered with no crew provided shall not apply before May 1, 1994.

    (b) The Secretary of the Department in which the Coast Guard is operating may extend the time period for compliance with the regulations referenced in subsection (a) for an initial period of up to one year and may extend the period of compliance for one additional period of up to one year if the owner of the vessel demonstrates to the satisfaction of the Secretary that a good faith effort, with due diligence and care, has failed to enable compliance with the deadline under subsection (a).

SEC. 13. SENSE OF CONGRESS REGARDING USE OF VESSELS CONSTRUCTED IN UNITED STATES FOR CARRYING PASSENGERS FOR HIRE.

    It is the sense of the Congress that persons who, for the purpose of carrying passengers for hire in the United States, operate or charter vessels with respect to which this Act (including the amendments made by this Act) applies should only operate and charter for that purpose vessels constructed in the United States.

Passed the House of Representatives June 9, 1993.

Attest:

DONNALD K. ANDERSON,

Clerk.