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

The text of the bill below is as of Mar 1, 1993 (Introduced).


HR 1159 IH

103d CONGRESS

1st Session

H. R. 1159

To revise, clarify, and improve certain marine safety laws of the United States, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 1, 1993

Mr. TAUZIN (for himself, Mr. STUDDS, Mr. FIELDS of Louisiana, and Mr. COBLE) introduced the following bill; which was referred to the Committee on Merchant Marine and Fisheries


A BILL

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,

TITLE I- PASSENGER DEFINITIONS

SECTION 101. SHORT TITLE.

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

SEC. 102. 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 representative of the owner or, in the case of a charter, the charterer or 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. 103. 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 at least one passenger for hire;

        ‘(B) which is a charter with the crew provided or specified by the owner or the owner’s representative and carrying at least one passenger; or

        ‘(C) which is a charter with no crew provided or specified by the owner or the owner’s representative and carrying more than twelve passengers.’

SEC. 104. 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 six passengers, including at least one passenger for hire;

        ‘(B) which is a charter with the crew provided or specified by the owner or the owner’s representative and carrying more than six passengers;

        ‘(C) which is a charter with no crew provided or specified by the owner or the owner’s representative and carrying more than twelve passengers; or

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

SEC. 105. UNINSPECTED PASSENGER VESSEL.

    Section 2101(42) of title 46, United States Code, is amended by inserting ‘, including at least one passenger for hire, or which is a charter with the crew provided or specified by the owner or the owner’s representative and carrying not more than six passengers’ immediately after ‘passengers’ and before the period at the end.

SEC. 106. 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 contributed, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel, as a condition of carriage on the vessel.’

SEC. 107. 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 but not limited to pecuniary payment accruing to an individual, person, or entity, but not including a voluntary donation of food, beverage, or other item which is of a nominal value considering the circumstances.’

SEC. 108. 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. 109. 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’ in its place.

SEC. 110. 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 which is capable of operating below the surface of the water.’