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S. 1031 — what changed

Duck Boat Safety Enhancement Act of 2020

From Introduced in Senate to Engrossed in Senate. 2 sections amended between Introduced in Senate and Engrossed in Senate.

Section 1 Short title

changed This Act may be cited as the “Duck Boat Safety Enhancement Act of 2019”.2020”.

Sec. 2 Safety requirements for amphibious passenger vessels

(a)
changed Remaining afloat and upright in the event of flooding—Safety improvements—
(1)
changed Regulations required—Buoyancy requirements— Not later than 180 days 1 year after the date of completion of a Coast Guard contracted assessment by the enactment National Academies of this Act, Sciences, Engineering, and Medicine of the Commandant technical feasibility, practicality, and safety benefits of providing reserve buoyancy through passive means on amphibious passenger vessels, the Secretary of the department in which the Coast Guard shall is 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 Commandant shall Secretary may 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)
changed Interim requirements— Commencing as of Not later than 90 days after the date the regulations required by paragraph (1) are prescribed, of enactment of this Act, the Commandant Secretary of the department in 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 that are not operating in compliance with waters subject to the requirements in jurisdiction of the regulations do United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation) comply with the following:
(A)
changed 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)
changed 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)
changed Reengineer Install in such vessels to permanently close all unnecessary access plugs and to reduce all through-hull penetrations at least one independently powered electric bilge pump that is capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement the minimum number and size necessary for operation.vessel’s existing bilge pump required under section 182.520 of title 46, Code of Federal Regulations (or a successor regulation).
(D)
changed Install in such vessels independently powered electric bilge pumps that are capable Verify the watertight integrity of dewatering such vessels vessel in the water at the volume outset of the largest remaining penetration in order to supplement either an operable Higgins pump or a dewatering pump each waterborne departure of equivalent or greater capacity.such vessel.
(E)
removed Install in such vessels not fewer than four independently powered bilge alarms.
(F)
removed Inspect any such vessel in water after each time a through-hull penetration of such vessel has been removed or uncovered.
(G)
removed Verify the watertight integrity of any such vessel in the water at the outset of each waterborne departure of such vessel.
(3)
removed Prohibition on operation of noncompliant vessels— The following amphibious passenger vessels may not operate on United States waterways:
(A)
removed Commencing as of the date the regulations required by paragraph (1) are prescribed, any amphibious passenger vessel whose configuration or operation does not comply with the requirements in paragraph (2).
(B)
removed Commencing as of the date specified by the Commandant of the Coast Guard pursuant to subsection (d), any amphibious passenger vessel whose configuration or operation does not comply with the requirements in the regulations under paragraph (1).
(b)
changed Severe weather emergency preparedness—Regulations required— Not later than 180 days 2 years after the date of the enactment of this Act, the Commandant Secretary of the department in which the Coast Guard is operating shall prescribe initiate a rulemaking for amphibious passenger vessels operating in regulations—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). The regulations shall include, at a minimum, the following:
(1)
changed Severe weather emergency preparedness— the limiting environmental conditions, such as weather, in which amphibious passenger vessels may safely operate, and a requirement Requirements that such limiting conditions be described in the certificate of inspection an operator of each an amphibious passenger vessel;vessel—
(A)
added check and notate in the vessel’s logbook the National Weather Service forecast before getting underway and periodically while underway;
(2)
removed that an operator of an amphibious passenger vessel—
(A)
removed check the National Weather Service forecast before getting underway and periodically while underway; and
(B)
renumbered was (3)(4)(3) in the case of a watch or warning issued for wind speeds exceeding the wind speed equivalent used to certify the stability of an amphibious passenger vessel, proceed to the nearest harbor or safe refuge; and
(C)
added maintain and monitor a weather monitor radio receiver at the operator station that may be automatically activated by the warning alarm device of the National Weather Service.
(2)
added Passenger safety— Requirements—
(A)
added concerning whether personal flotation devices should be required for the duration of an amphibious passenger vessel’s waterborne transit, which shall be considered and determined by the Secretary;
(B)
added that operators of amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations;
(C)
added that before the commencement of waterborne operations, a crew member visually check that each passenger has unbuckled the passenger’s seatbelt; and
(D)
added that operators or crew maintain a log recording the actions described in subparagraphs (B) and (C).
(3)
changed Training— that an amphibious passenger vessel certified to operate on partially protected waters have a weather monitor radio receiver at the operator station that may be automatically activated by the warning alarm device Requirement for annual training for operators and crew of the National Weather Service.amphibious passengers vessels, including—
(A)
added training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and
(B)
added training for crewmembers to respond to emergency situations, including flooding, engine compartment fires, man overboard situations, and in water emergency egress procedures.
(4)
added Recommendations from reports— Requirements to address recommendations from the following reports, as practicable and to the extent that such recommendations are under the jurisdiction of the Coast Guard:
(A)
added The National Transportation Safety Board’s Safety Recommendation Reports on the Amphibious Passenger Vessel incidents in Table Rock, Missouri, Hot Springs, Arkansas, and Seattle, Washington.
(B)
added 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)
added Interim requirements— The interim requirements described in subsection (a)(2), as appropriate.
(c)
changed Additional safety measures—Prohibition on operation of noncompliant vessels— Not later than 180 days after Commencing as of the date of specified by the enactment Secretary of this Act, the Commandant of department in which the Coast Guard shall prescribe 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 regulations that—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).
(1)
removed operators of amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations; and
(2)
removed before the commencement of waterborne operations, a crew member visually check that each passenger has unbuckled his or her seatbelt.
(d)
changed Deadline for compliance— The regulations required by and interim requirements described in subsections (a) through (c) and (b) shall require compliance with the requirements in the regulations by operators of amphibious passenger vessels by such date, not later than 2 years after the date of the enactment of this Act, as the Commandant shall Secretary of the department in which the Coast Guard is operating may specify in the regulations.
(e)
added 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.