[Senate Report 114-367]
[From the U.S. Government Publishing Office]
Calendar No. 658
114th Congress } { Report
SENATE
2d Session } { 114-367
_______________________________________________________________________
A BILL TO AMEND TITLE 46, UNITED STATES CODE, TO EXEMPT OLD VESSELS
THAT ONLY OPERATE WITHIN INLAND WATERWAYS FROM THE FIRE-RETARDANT
MATERIALS REQUIREMENT IF THE OWNERS OF SUCH VESSELS MAKE ANNUAL
STRUCTURAL ALTERATIONS TO AT LEAST 10 PERCENT OF THE AREAS OF THE
VESSELS THAT ARE NOT CONSTRUCTED OF FIRE-RETARDANT MATERIALS
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1717
October 27, 2016.--Ordered to be printed
Filed, under authority of the order of the Senate of September 29, 2016
_________
U.S. GOVERNMENT PUBLISHING OFFICE
69-010 WASHINGTON : 2016
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourteenth congress
second session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas ED MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel
Calender No. 658
114th Congress } { Report
SENATE
2d Session } { 114-367
======================================================================
A BILL TO AMEND TITLE 46, UNITED STATES CODE, TO EXEMPT OLD VESSELS
THAT ONLY OPERATE WITHIN INLAND WATERWAYS FROM THE FIRE-RETARDANT
MATERIALS REQUIREMENT IF THE OWNERS OF SUCH VESSELS MAKE ANNUAL
STRUCTURAL ALTERATIONS TO AT LEAST 10 PERCENT OF THE AREAS OF THE
VESSELS THAT ARE NOT CONSTRUCTED OF FIRE-RETARDANT MATERIALS
_______
October 27, 2016.--Ordered to be printed
Filed, under authority of the order of the Senate of September 29, 2016
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 1717]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1717), to amend title 46,
United States Code, to exempt old vessels that only operate
within inland waterways from the fire-retardant materials
requirement if the owners of such vessels make annual
structural alterations to at least 10 percent of the areas of
the vessels that are not constructed of fire-retardant
materials, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of S. 1717 is to amend title 46 of the United
States Code to exempt old vessels that only operate within
inland waterways from the fire-retardant materials requirement
if the owners of such vessels make annual structural
alterations to at least 10 percent of the areas of the vessels
that are not constructed of fire-retardant materials.
Background and Needs
The Steamer DELTA QUEEN is a 20th century vessel, with an
entirely wooden superstructure.\1\ This superstructure was
deemed unsafe in 1966, when Congress declared that, ``no
passenger vessel of the United States . . . shall be granted a
certificate of inspection . . . unless the vessel is
constructed of fire-retardant materials.''\2\ Congress
temporarily delayed the effect of this mandate twice. It was
initially delayed until 1968. Then, in 1970, Congress again
temporarily delayed the effect of the mandate but only for
those U.S. passenger vessels then operating on the inland
rivers, and only until 1973. In 1973, Congress again
temporarily delayed the effect of the mandate for the sole
benefit of the steamer DELTA QUEEN until 1978. Congress
continued to delay the effect of the mandate for the next three
decades.\3\ Then, in 2008, the mandate was finally made
applicable to the DELTA QUEEN, which caused the vessel to cease
all operation.\4\ On February 11, 2009, the DELTA QUEEN was
docked at Coolidge Park Landing in Chattanooga, Tennessee,
where the vessel operated as a floating boutique hotel until
2014.\5\
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\1\Letter from M. Tia Johnson, Assistant Secretary for Legislative
Affairs for the Department of Homeland Security, to Senator Nelson,
January 8, 2016.
\2\46 U.S.C. 3503.
\3\Letter from M. Tia Johnson, Assistant Secretary for Legislative
Affairs for the Department of Homeland Security, to Senator Nelson,
January 8, 2016.
\4\``Majestic America Line,'' February 2, 2007, at http://
web.archive.org/web/20070202204238/http://
www.majesticamericaline.com:80.
\5\``Delta Queen departs Chattanooga North Shore'' WRCBtv, March
22, 2015, at http://www.wrcbtv.com/story/28583164/delta-queen-departs-
chattanooga-north-shore.
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In 2008, a traveling inspector from the Coast Guard
inspected the DELTA QUEEN and noted ``evidence of a lack of
both short- and long-term maintenance that adversely impacts
the safety of the vessel . . . all of which has to do with
unintended or excess but unnecessary fire load.''\6\ The fire
load of the ship is concentrated in the lower decks. The most
likely place for a fire to start would be the almost 100 year
old boilers. The boilers are not entirely contained within the
steel hull and the tops of the boilers are open directly to the
aged and dry wood super structure of the ship.\7\ Given that
the vessel currently lacks thermal and structural boundaries, a
fire within any part of the ship could quickly spread
horizontally and vertically. In a worst-case scenario, a fire
would begin in the boilers, overwhelm the vessel's fire
suppression system, and spread throughout the whole of the
lower deck and into the sleeping quarters directly above the
lower decks. If such a fire were to happen, the planned
evacuation route would be made irrelevant because the only exit
in the present configuration of the vessel is via the stage
(gangway) on the bow, directly through the likely location of
the fire.\8\ The Coast Guard has repeatedly advised and
requested that the operators of the vessel add a second exit to
the vessel's current configuration, but the operators have not
acted.\9\ Accordingly, this bill would incentivize structural
improvements to the DELTA QUEEN while also recognizing the
historical importance of the vessel. As Senator Portman noted,
``The Delta Queen is a true Ohio treasure and an important part
of the Queen City's history . . . We are working to make sure
the vessel can get back in business. It represents a big part
of our history, and will help promote recreational activities
and economic opportunity along the Ohio River.''\10\
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\6\Letter from M. Tia Johnson Assistant Secretary for Legislative
Affairs for the Department of Homeland Security, to Senator Nelson,
January 8, 2016.
\7\Ibid.
\8\Ibid.
\9\Ibid.
\10\Rob Portman, U.S. Senator of Ohio, ``Portman and Brown's Bill
to Restore Delta Queen Steamboat Passes Senate Commerce Committee,''
Accessed June 29, 2016, at http://www.portman.senate.gov/public/
index.cfm/2016/6/portman-brown-s-bill-to-restore-delta-queen-steamboat-
passes-senate-commerce-committee.
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Legislative History
S. 1717 was introduced in the Senate on July 8, 2015, by
Senator Brown and cosponsored by Senators Portman, McCaskill,
Boozman, Vitter, Cotton, Cochran, Cassidy, and Blunt. On March
4, 2015, Representative Chabot introduced companion bill H.R.
1248 in the House of Representatives. On June 29, 2016, the
Committee met in open Executive Session and, by voice vote,
ordered S. 1717 to be reported favorably.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1717--A bill to amend title 46, United States Code, to exempt old
vessels that only operate within inland waterways from the
fire-retardant materials requirement if the owners of such
vessels make annual structural alterations to at least 10
percent of the areas of the vessels that are not constructed of
fire-retardant materials
The U.S. Coast Guard administers a wide range of maritime
safety laws and is responsible for inspecting vessels to ensure
compliance with safety standards. Under current law, passenger
vessels with overnight accommodations for more than 50
passengers must be constructed of fire-retardant materials. S.
1717 would amend current law to exempt from that requirement
(through 2028) vessels that operated before 1968, provided that
owners operate them only within inland waterways and make
certain structural alterations to them each year. CBO estimates
that the proposed exemption would affect one vessel, a historic
steamboat currently located in Louisiana.
CBO estimates that enacting S. 1717 would have no effect on
the federal budget because the proposed exemption would not
affect the U.S. Coast Guard's costs to meet its underlying
responsibility to inspect vessels; spending for such
inspections is provided in annual appropriation acts. Enacting
the bill would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply. CBO estimates
that enacting S. 1717 would not increase net direct spending or
on-budget deficits in any of the four consecutive 10-year
periods beginning in 2027.
S. 1717 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
The bill would affect the owners and managing operators of
certain passenger vessels of the United States that are exempt
from the fire-retardant standards of section 3503 of title 46,
United States Code.
economic impact
Enactment of this legislation is not expected to have any
significant adverse impacts on the Nation's economy.
privacy
This bill will not have any adverse impact on the privacy
of individuals.
paperwork
This bill would not increase paperwork requirements for
private individuals or the Government. It would require the
owner of the DELTA QUEEN to notify the Coast Guard before
making the alterations required by this legislation.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Fire-retardant materials exemption.
Section 1 would amend section 3503 of title 46, United
States Code, to extend until 2028, from 2008, the waiver that
exempts old vessels that only operate within inland waterways
from the fire-retardant materials requirement if the owners do
the following:
Notify prospective passengers and crew that the
vessel does not comply with applicable fire safety standards.
Make annual structural alterations to not less
than 10 percent of the areas of the vessel that are not
constructed of fire-retardant materials.
Provide advance notice to the Coast Guard
regarding the alterations made.
Comply with any noncombustible material
requirements prescribed by the Coast Guard.
Preserve, to the extent practicable, the historic
integrity of the vessel in areas carrying or accessible to
passengers or generally visible to the public when making
alterations.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
TITLE 46. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART B. INSPECTION AND REGULATION OF VESSELS
CHAPTER 35. CARRIAGE OF PASSENGERS
Sec. 3503. Fire-retardant materials
(a) A passenger vessel of the United States having berth or
stateroom accommodations for at least 50 passengers shall be
granted a certificate of inspection only if the vessel is
constructed of fire-retardant materials. Before November 1,
[2008, this section] 2028, this subsection does not apply to
any vessel in operation before January 1, 1968, and operating
only within the Boundary Line.
(b)(1) When a vessel is exempted from the fire-retardant
standards of [this section] subsection (a)--
(A) the owner or managing operator of the
vessel shall notify prospective passengers and
crew that the vessel does not comply with
applicable fire safety standards due primarily
to the wooden construction of passenger
berthing areas;
(B) the owner or managing operator of the
vessel may not disclaim liability to a
passenger or crew member for death, injury, or
any other loss caused by fire due to the
negligence of the owner or managing operator;
(C) the penalties provided in section 3504(c)
of this title apply to a violation of this
subsection; [and]
[(D) the owner or managing operator of the
vessel shall notify the Coast Guard of
structural alterations to the vessel, and with
regard to those alterations comply with any
noncombustible material requirements that the
Coast Guard prescribes for nonpublic spaces.
Coast Guard requirements shall be consistent
with preservation of the historic integrity of
the vessel in areas carrying or accessible to
passengers or generally visible to the public.]
(D) the owner or managing operator of the
vessel shall--
(i) make annual structural
alterations to not less than 10 percent
of the areas of the vessel that are not
constructed of fire-retardant
materials;
(ii) provide advance notice to the
Coast Guard regarding the alterations
made pursuant to clause (i); and
(iii) comply with any noncombustible
material requirements prescribed by the
Coast Guard; and
(E) the requirements referred to in
subparagraph (D)(iii) shall, to the extent
practicable, be consistent with the
preservation of the historic integrity of the
vessel in areas carrying or accessible to
passengers or generally visible to the public.
(2) The Secretary shall prescribe regulations under
this subsection on the manner in which prospective
passengers are to be notified.