S 1031 — Duck Boat Safety Enhancement Act of 2020

1031 IntroducedEngrossed in Senate (IS)](ES)] <DOC> 116th CONGRESS 1st2d Session S.

1031 _______________________________________________________________________ AN ACT To implement recommendations related to the safety of amphibious passenger vessels, and for other purposes.

_______________________________________________________________________ IN THE SENATE OF THE UNITED STATES April 4, 2019 Mr.

Hawley introduced the following bill;

which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To implement recommendations related to the safety of amphibious passenger vessels, and for other purposes.

This Act may be cited as the ``Duck Boat Safety Enhancement Act of 2019''.2020''.

(a) RemainingSafety AfloatImprovements.-- and(1) UprightBuoyancy inrequirements.--Not later than 1 year after the Eventdate of Flooding.--completion (1)of Regulationsa required.--NotCoast laterGuard thancontracted 180assessment daysby after the dateNational Academies of Sciences, Engineering, and Medicine of the enactmenttechnical feasibility, practicality, and safety benefits of thisproviding Act,reserve buoyancy through passive means on amphibious passenger vessels, the CommandantSecretary of the department in which the Coast Guard shallis operating may initiate a rulemaking to prescribe in regulations that operators of amphibious passenger vessels provide reserve buoyancy for such vessels through passive means, including watertight compartmentalization, built-in flotation, or such other means as the CommandantSecretary shallmay specify in the regulations, in order to ensure that such vessels remain afloat and upright in the event of flooding, including when carrying a full complement of passengers and crew.

(2) Interim requirements.--Commencingrequirements.--Not aslater ofthan 90 days after the date theof regulationsenactment requiredof bythis paragraphAct, (1)the areSecretary prescribed,of the Commandantdepartment ofin which the Coast Guard is operating shall initiate a rulemaking to implement interim safety policies or other measures to require that operators of amphibious passenger vessels thatoperating arein notwaters insubject complianceto withthe jurisdiction of the requirementsUnited States, as defined in thesection regulations2.38 doof title 33, Code of Federal Regulations (or a successor regulation) comply with the following:

(A) Remove the canopies of such vessels for waterborne operations, or install in such vessels a Coast Guard-approved canopy that does not restrict either horizontal or vertical escape by passengers in the event of flooding or sinking.

(B) If the canopy is removed from any such vessel pursuant to subparagraph (A), require that all passengers don a Coast Guard type-approved personal flotation device before the onset of waterborne operations of such vessel.

(C) ReengineerInstall in such vessels toat permanentlyleast closeone allindependently unnecessarypowered accesselectric plugsbilge andpump tothat reduceis allcapable through-of hulldewatering penetrationssuch vessels at the volume of the largest remaining penetration in order to supplement the minimumvessel's numberexisting andbilge sizepump necessaryrequired forunder operation.section 182.520 of title 46, Code of Federal Regulations (or a successor regulation).

(D) InstallVerify inthe suchwatertight vesselsintegrity independently powered electric bilge pumps that are capable of dewatering such vesselsvessel atin the volumewater ofat the largestoutset remainingof penetrationeach inwaterborne orderdeparture to supplement either an operable Higgins pump or a dewatering pump of equivalentsuch orvessel. greater capacity.

(E)(b) InstallRegulations Required.--Not later than 2 years after the date of enactment of this Act, the Secretary of the department in suchwhich the Coast Guard is operating shall initiate a rulemaking for amphibious passenger vessels notoperating fewerin thanwaters foursubject independentlyto poweredthe bilgejurisdiction alarms.of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation).

(F)The Inspectregulations anyshall suchinclude, vesselat in water after each time a through-hullminimum, penetrationthe offollowing: such vessel has been removed or uncovered.

(G)(1) VerifySevere theweather watertightemergency integritypreparedness.--Requirements that an operator of anyan suchamphibious vesselpassenger vessel-- (A) check and notate in the watervessel's atlogbook the outsetNational ofWeather eachService waterborneforecast departurebefore ofgetting suchunderway vessel.and periodically while underway;

(3)(B) Prohibitionin onthe operationcase of noncomplianta vessels.--Thewatch followingor warning issued for wind speeds exceeding the wind speed equivalent used to certify the stability of an amphibious passenger vesselsvessel, mayproceed notto operatethe onnearest Unitedharbor Statesor waterways:safe refuge;

(A)and Commencing(C) asmaintain ofand themonitor datea theweather regulationsmonitor requiredradio byreceiver paragraphat (1)the areoperator prescribed,station anythat amphibiousmay passengerbe vesselautomatically whoseactivated configurationby orthe operationwarning doesalarm notdevice complyof with the requirementsNational inWeather paragraphService. (2).

(B)(2) CommencingPassenger assafety.--Requirements-- of(A) theconcerning datewhether specifiedpersonal byflotation thedevices Commandantshould ofbe therequired Coastfor Guardthe pursuantduration toof subsectionan (d), any amphibious passenger vesselvessel's whosewaterborne configurationtransit, orwhich operationshall doesbe notconsidered complyand withdetermined theby requirements in the regulationsSecretary; under paragraph (1).

(b)(B) Severethat Weatheroperators Emergency Preparedness.--Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall prescribe in regulations-- (1) the limiting environmental conditions, such as weather, in which amphibious passenger vessels mayinform safelypassengers operate, and a requirement that suchseat limitingbelts conditionsmay not be describedworn induring thewaterborne certificateoperations; of inspection of each amphibious passenger vessel;

(2)(C) that anbefore operatorthe commencement of anwaterborne amphibiousoperations, passengera vessel--crew (A)member visually check thethat Nationaleach Weatherpassenger Servicehas forecastunbuckled beforethe gettingpassenger's underwayseatbelt; and periodically while underway;

and (B)(D) inthat theoperators case of a watch or warningcrew issuedmaintain fora windlog speedsrecording exceeding the windactions speeddescribed equivalentin usedsubparagraphs to(B) certifyand the(C). stability of an amphibious passenger vessel, proceed to the nearest harbor or safe refuge;

and (3) thatTraining.--Requirement anfor amphibiousannual passengertraining vesselfor certifiedoperators toand operatecrew onof partiallyamphibious protectedpassengers watersvessels, haveincluding-- a(A) weathertraining monitorfor radiopersonal receiverflotation atand theseat operatorbelt stationrequirements, thatverifying maythe beintegrity automaticallyof activatedthe byvessel at the warningonset alarmof deviceeach waterborne departure, identification of theweather hazards, and use of National Weather Service.Service resources prior to operation;

(c)and Additional(B) Safetytraining Measures.--Notfor latercrewmembers thanto 180respond daysto afteremergency thesituations, dateincluding offlooding, theengine enactmentcompartment offires, thisman Act,overboard thesituations, Commandantand of the Coast Guard shall prescribe in regulationswater that--emergency (1)egress operatorsprocedures. of amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations;

and(4) (2)Recommendations beforefrom thereports.--Requirements commencementto ofaddress waterbornerecommendations operations,from athe crewfollowing memberreports, visuallyas checkpracticable and to the extent that eachsuch passengerrecommendations hasare unbuckledunder histhe orjurisdiction herof seatbelt.the Coast Guard:

(d)(A) DeadlineThe forNational Compliance.--TheTransportation regulationsSafety requiredBoard's bySafety subsectionsRecommendation (a)Reports throughon (c)the shallAmphibious requirePassenger complianceVessel withincidents the requirements in theTable regulationsRock, byMissouri, operatorsHot ofSprings, amphibiousArkansas, passengerand vesselsSeattle, byWashington. such date, not later than 2 years after the date of the enactment of this Act, as the Commandant shall specify in the regulations.

<all>(B) The Coast Guard's Marine Investigation Board reports on the Stretch Duck 7 sinkings at Table Rock, Missouri, and the Miss Majestic sinking near Hot Springs, Arkansas.

(5) Interim requirements.--The interim requirements described in subsection (a)(2), as appropriate.

(c) Prohibition on Operation of Noncompliant Vessels.--Commencing as of the date specified by the Secretary of the department in which the Coast Guard is operating pursuant to subsection (d), any amphibious passenger vessel whose configuration or operation does not comply with the requirements under subsection (a)(2) (or subsection (a)(1), if prescribed) may not operate in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation).

(d) Deadline for Compliance.--The regulations and interim requirements described in subsections (a) and (b) shall require compliance with the requirements in the regulations not later than 2 years after the date of the enactment of this Act, as the Secretary of the department in which the Coast Guard is operating may specify in the regulations.

(e) Report.--Not later than 180 days after the promulgation of the regulations required under subsection (a), the Commandant of the Coast Guard shall provide a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the status of the implementation of the requirements included in such regulations.

Passed the Senate December 10, 2020.

Attest:

Secretary.

116th CONGRESS 2d Session S.

1031 _______________________________________________________________________ AN ACT To implement recommendations related to the safety of amphibious passenger vessels, and for other purposes.