[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 62 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 62
To implement recommendations related to the safety of amphibious
passenger vessels, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 27, 2021
Mr. Hawley (for himself and Mr. Blunt) 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.
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 ``Duck Boat Safety Enhancement Act of
2021''.
SEC. 2. SAFETY REQUIREMENTS FOR AMPHIBIOUS PASSENGER VESSELS.
(a) Safety Improvements.--
(1) Buoyancy requirements.--Not later than 1 year after the
date of completion of a Coast Guard contracted assessment by
the National Academies of Sciences, Engineering, and Medicine
of the 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 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 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) Interim requirements.--Not later than 90 days after the
date of enactment of this Act, the 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 operating 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) comply with the
following:
(A) Remove the canopies of such vessels for
waterborne operations, or install in such vessels a
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 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) Install in such vessels 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 vessel's existing bilge pump required under section
182.520 of title 46, Code of Federal Regulations (or a
successor regulation).
(D) Verify the watertight integrity of such vessel
in the water at the outset of each waterborne departure
of such vessel.
(b) Regulations Required.--Not later than 2 years after the date of
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall initiate a rulemaking for amphibious
passenger vessels operating 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). The regulations shall
include, at a minimum, the following:
(1) Severe weather emergency preparedness.--Requirements
that an operator of an amphibious passenger vessel--
(A) check and notate in the vessel's logbook the
National Weather Service forecast before getting
underway and periodically while underway;
(B) 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) 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) Passenger safety.--Requirements--
(A) 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) that operators of amphibious passenger vessels
inform passengers that seat belts may not be worn
during waterborne operations;
(C) that before the commencement of waterborne
operations, a crew member visually check that each
passenger has unbuckled the passenger's seatbelt; and
(D) that operators or crew maintain a log recording
the actions described in subparagraphs (B) and (C).
(3) Training.--Requirement for annual training for
operators and crew of amphibious passengers vessels,
including--
(A) 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) training for crewmembers to respond to
emergency situations, including flooding, engine
compartment fires, man overboard situations, and in
water emergency egress procedures.
(4) 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) 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) 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 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.
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