101st CONGRESS
2d Session
H. R. 4009
AMENDMENT
TO
SENATE AMENDMENT
HR 4009 EAH
In the House of Representatives, U. S.,
October 15, 1990.
Resolved, That the House agree to the amendment of the Senate to the bill
(H.R. 4009) entitled `An Act to authorize appropriations for fiscal year
1991 for the Federal Maritime Commission, and for other purposes', with
the following
AMENDMENT:
In lieu of the matter inserted by said amendment, insert:
That in fiscal year 1991, $15,894,000 is authorized to be appropriated for
the use of the Federal Maritime Commission; except that for fiscal year 1991,
and for each fiscal year thereafter, not to exceed $2,000 may be expended
for official reception and representation expenses.

c87632ff07f8a6dafdf5201b3e0c98f1b2844b1ec9ac527ef950c051bacf99c2

amended by inserting `Advisory' immediately before `Commission shall',
and by striking `its establishment' and inserting in lieu thereof `all of
its members have been duly appointed'.

159988842fcc7a13c2392fcfa821e51547c2ad2f7ed66b71289f98b0085cfce5

TITLE I

-FEDERAL MARITIME COMMISSION AUTHORIZATION FOR FISCAL YEAR 1991

is amended--
(1) in subdivision (b) of paragraph (1) by inserting `including intermodal
movements, terminal operations, cargo solicitation, forwarding and agency
services, non-vessel-operating common carrier operations, and other
activities and services integral to transportation systems,' immediately
after `generally,'; and
(2) by adding at the end the following new paragraphs:
`(5) The Commission may initiate a rule or regulation under paragraph (1)(b)
of this section either on its own motion or pursuant to a petition. Any
person, including a common carrier, tramp operator, bulk operator, shipper,
shippers' association, ocean freight forwarder, marine terminal operator,
or any component of the Government of the United States, may file a petition
for relief under paragraph (1)(b) of this section.
`(6) In furtherance of the purposes of paragraph (1)(b) of this section--
`(a) the Commission may, by order, require any person (including any common
carrier, tramp operator, bulk operator, shipper, shippers' association,
ocean freight forwarder, or marine terminal operator, or an officer,
receiver, trustee, lessee, agent, or employee thereof) to file with the
Commission a report, answers to questions, documentary material, or other
information which the Commission considers necessary or appropriate;
`(b) the Commission may require a report or answers to questions to be
made under oath;
`(c) the Commission may prescribe the form and the time for response to
a report and answers to questions; and
`(d) a person who fails to file a report, answer, documentary material,
or other information required under this paragraph shall be liable to the
United States Government for a civil penalty of not more than $5,000 for
each day that the information is not provided.
`(7) In proceedings under paragraph (1)(b) of this section--
`(a) the Commission may authorize a party to use depositions, written
interrogatories, and discovery procedures that, to the extent practicable,
are in conformity with the rules applicable in civil proceedings in the
district courts of the United States;
`(b) the Commission may by subpoena compel the attendance of witnesses
and the production of books, papers, documents, and other evidence;
`(c) subject to funds being provided by appropriations Acts, witnesses are,
unless otherwise prohibited by law, entitled to the same fees and mileage
as in the courts of the United States;
`(d) for failure to supply information ordered to be produced or compelled
by subpoena in proceedings under paragraph (1)(b)(7) of this section,
the Commission may--
`(i) after notice and an opportunity for hearing, suspend tariffs of
a common carrier or that common carrier's right to use the tariffs of
conferences of which it is a member, or
`(ii) assess a civil penalty of not more than $5,000 for each day that
the information is not provided; and
`(e) when a person violates an order of the Commission or fails to comply
with a subpoena, the Commission may seek enforcement by a United States
district court having jurisdiction over the parties, and if, after hearing,
the court determines that the order was regularly made and duly issued,
it shall enforce the order by an appropriate injunction or other process,
mandatory or otherwise.
`(8) Notwithstanding any other law, the Commission may refuse to disclose
to the public a response or other information provided under the terms of
this section.
`(9) If the Commission finds that conditions that are unfavorable to
shipping under paragraph (1)(b) of this section exist, the Commission may--
`(a) limit sailings to and from United States ports or the amount or type
of cargo carried;
`(b) suspend, in whole or in part, tariffs filed with the Commission for
carriage to or from United States ports, including a common carrier's
right to use tariffs of conferences in United States trades of which it
is a member for any period the Commission specifies;
`(c) suspend, in whole or in part, an ocean common carrier's right to
operate under an agreement filed with the Commission, including any
agreement authorizing preferential treatment at terminals, preferential
terminal leases, space chartering, or pooling of cargoes or revenue with
other ocean common carriers
`(d) impose a fee, not to exceed $1,000,000 per voyage; or
`(e) take any other action the Commission finds necessary and appropriate
to adjust or meet any condition unfavorable to shipping in the foreign
trade of the United States.
`(10) Upon request by the Commission--
`(a) the collector of customs at the port or place of destination in the
United States shall refuse the clearance required by section 4197 of the
Revised Statutes (46 App. U.S.C. 91) to a vessel of a country that is named
in a rule or regulation issued by the Commission under paragraph (1)(h)
of this section, and shall collect any fees imposed by the Commission
under paragraph (9)(d) of this section; and
`(b) the Secretary of the department in which the Coast Guard is operating
shall deny entry for purpose of oceanborne trade, of a vessel of a
country that is named in a rule or regulation issued by the Commission
under paragraph (1)(b) of this section, to any port or place in the United
States or the navigable waters of the United States, or shall detain that
vessel at the port or place in the United States from which it is about
to depart for another port or place in the United States.
`(11) A common carrier that accepts or handles cargo for carriage under
a tariff that has been suspended under paragraph (7)(d) or (9)(b) of this
section, or after its right to use another tariff has been suspended under
those paragraphs, is subject to a civil penalty of not more than $50,000
for each day that it is found to be operating under a suspended tariff.
`(12) The Commission may consult with, seek the cooperation of, or make
recommendations to other appropriate Government agencies prior to taking
any action under this section.'.

9a596fbb8404e1b1a3a1d23530df3569932d7ada2db38c8d1d165faf025cc05c

United States Code, and section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883), the Secretary of the department in which the Coast Guard
is operating may issue a certificate of documentation with appropriate
endorsement for employment in the coastwise, or Great Lakes trades, or
the fisheries of the United States for the following vessels:
1. AMERICAN EAGLE (United States official number 523873)
2. ANGELOS (hull identification number HAZ1432C0173 and State of Hawaii
registration number HA1432C)
3. ARCTIC SOUNDER (United States official number 569927)
4. BIG DEAL (North Carolina registration number 8817BD)
5. BOUNTY (United States official number 960956)
6. CAMELOT (United States official number 923202)
7. CHEROKEE V (United States official number 570746)
8. CONQUEROR (United States official number 552790)
9. ERNESTINA (United States official number 136423)
10. ESPERANCE (United States official number 691732)
11. FLORA VEE (United States official number 526631)
12. GHOSTRIDER (United States official number 906121)
13. HE'ENALU (State of Hawaii registration number HA843CP)
14. HELL'S-A-POPPIN (United States official number 963543)
15. HIPPOCAMPUS (United States official number 560934)
16. IMPULSE (United States official number 693209)
17. JOB SITE (United States official number 595013)
18. KAINALU (State of Hawaii registration number HA779CP)
19. LADY ROSE ANNE (United States official number 603040)
20. MARINER III (United States official number 225459)
21. OCEAN PROWLER (United States official number 632751)
22. OH BABY AT LAST (United States official number 938936)
23. OPEN RETURN (United States official number 658669)
24. PACIFIC PEARL (hull identification number MRY10161M76H414)
25. PAULA SUE (State of Maryland registration number MD7449k)
26. PLAYPEN (United States official number 617198)
27. PUMPKIN (United States official number 627259)
28. RANGGA (United States official number 675379)
29. ROSE (United States official number 928811)
30. ROUGH POINT (United States official number 917958)
31. SALISA M (United States official number 265653)
32. SEA DEVIL (United States official number 569316)
33. SEAGULL (United States official number 958929)
34. SEA NUGGET (State of Alaska registration number AK2233E)
35. SEA WIND (United States official number 610694)
36. SINBAD (ex-Sangria) (State of Alaska registration number AK3650 and
hull identification number 15846)
37. SOLITAIRE (United States official number 521894)
38. SWEE'PEA (State of Alaska registration number AK855OL and hull
identification number PBL32012K990)
39. SYRINGA (hull identification number 363412; United States Customs
number 84-129170-6)
40. WEATHERBIRD (United States official number 527918)
41. WEATHERBIRD II (ex-Aunt Bee) (United States official number 652213)
42. Eight inflatable vessels identified as follows:
Serial number 3968B, model number J990
Serial number 4581B, model number J990
Serial number A501A, model number D989
Serial number A502A, model number D989
Serial number 6291C, model number G091
Serial number 6300C, model number G091
Serial number 7302C, model number G091
Serial number 7305C, model number G091

69d667f41c1889a145ce9dbbc8e6a934a9209ad8d471c80e0eceb8250141f6fd

TITLE II

-DOCUMENTATION OF VESSELS

Marine Act, 1920 (46 App. U.S.C. 883), a vessel of less than five hundred
gross tons that was sold to and operated by a nonprofit corporation organized
under United States law, the majority of whose directors are United States
citizens, for use by that corporation exclusively as an oceanographic
research vessel, has not been `sold foreign' unless the vessel has been
placed under the registry of a nation other than the United States during
the period of ownership by that corporation.

6bfa0325660c6583404f6717a00c8fbcdd2c5c3fbabcbbb5b0b1a9601144744b

be deemed to be less than one hundred gross tons and, in applying the
regulations relating to the inspection of passenger vessels, the Secretary
of the department in which the Coast Guard is operating shall inspect that
vessel under regulations applying to vessels of that weight.
(b) Notwithstanding any other provision of law, the Secretary of the
department in which the Coast Guard is operating shall inspect the ZODIAC
(United States official number 223755) under subchapter T of title 46,
Code of Federal Regulations. Any certification issued by the Secretary
under subchapter T for the ZODIAC shall permit that vessel to carry not
more than forty-nine passengers on lakes, bays, and sounds service.

8b8a2fe1f1635c240f7b9a426d4aff3aae01811609ce473bf728d5a95566ba50

This Act may be cited as the `Coast Guard Omnibus Act of 1990'.

8ce7099da867cc954977d4a828d33700b3bc3cceb54da09b4a73e7cad3261032

TITLE III

-COAST GUARD OMNIBUS ACT OF 1990

Section 4(a)(1) of the Vessel Bridge-to-Bridge Radiotelephone Act of 1971
(33 U.S.C. 1203) is amended to read as follows:
`(1) every power-driven vessel of twenty meters or over in length while
navigating;'.

ff2f755c0feb800d7c6ad1e73f48e187a19d5ac7eaea880b5d6cf3b3524c10e9

NAVIGATION.
Notwithstanding another law, the Sidney Lanier Bridge at mile 6.3 on
the Brunswick River in Georgia is deemed an unreasonable obstruction
to navigation.

7881d3dd9936c5ce327bd9ca0dca15e8b7c7c83ee350ef30ff7ec3d01e1bdbc6

FROM PASSENGER SHIP INSPECTION REQUIREMENTS.
(a) Section 3302 of title 46, United States Code, is amended by adding
the following new subsection:
`(l)(1) The Secretary may issue a permit exempting the following vessels
from the requirements of this part for passenger vessels so long as the
vessels are owned by nonprofit organizations and operated as nonprofit
memorials to merchant mariners:
`(A) The steamship John W. Brown (United States official numbered 242209),
owned by Project Liberty Ship Baltimore, Incorporated, located in Baltimore,
Maryland.
`(B) The steamship Lane Victory (United States official numbered 248094),
owned by the United States Merchant Marine Veterans of World War II,
located in San Pedro, California.
`(C) The steamship Jeremiah O'Brien (United States official numbered 243622),
owned by the United States Maritime Administration.
`(2) The Secretary may issue a permit for a specific voyage or for not
more than one year. The Secretary may impose specific requirements about
the number of passengers to be carried, manning, the areas or specific
routes over which the vessel may operate, or other similar matters.
`(3) A designated Coast Guard official who has reason to believe that a
vessel operating under this subsection is in a condition or is operated
in a manner that creates an immediate threat to life or the environment or
is operated in a manner that is inconsistent with this section, may direct
the master or individual in charge to take immediate and reasonable steps
to safeguard life and the environment, including directing the vessel to
a port or other refuge.'.

256d2eb5470dcbe3d2d1cd6e3ec3bf20711659a3fa4494a491a2d8da4bda8e75

CONGRESSIONAL BOARD OF VISITORS.
Section 194 of title 14, United States Code, is amended to read as follows:
`(a) In addition to the Advisory Committee, a Board of Visitors to
the Academy is established to visit the Academy annually and to make
recommendations on the operation of the Academy.
`(b) The Board shall be composed of--
`(1) two Senators designated by the Chairman of the Committee on Commerce,
Science, and Transportation of the Senate;
`(2) three Members of the House of Representatives designated by the
Chairman of the Committee on Merchant Marine and Fisheries of the House
of Representatives;
`(3) one Senator designated by the President of the Senate;
`(4) two Members of the House of Representatives designated by the Speaker
of the House of Representatives; and
`(5) the Chairman of the Committee on Commerce, Science, and transportation
of the Senate and the Chairman of the Committee on Merchant Marine and
Fisheries of the House of Representatives, as ex officio members.
`(c) When a member is unable to attend the annual meeting another member
may be designated as provided under subsection (b).
`(d) When an ex officio member is unable to attend to annual meeting that
member may designate another member.
`(e) Members of the Board shall be designated in the First Session and
serve for the duration of the Congress.
`(f) The Board shall visit the Academy annually on the date chosen by the
Secretary. Each member of the Board shall be reimbursed, to the extent
permitted by law, by the Coast Guard for actual expenses incurred while
engaged in duties as a member of the Board.'.

bf3dc1b7348f90d21f779b3907c75c085da2a32c5743c9fa4d1e5d2728f806ec

Section 14301(b) of title 46, United States Code, is amended by adding
the following:
`(6) a barge (except a barge engaged on a foreign voyage) unless the
owner requests.'.

013ecff7061b0155790ac0feb8a1126d7ba2e866fe9807e790fb2ad513a0eb32

(a) Chapter 17 of title 14, United States Code, is amended by adding the
following new section:
`Sec. 667. Vessel construction bonding requirements
`The Secretary or the Commandant may require bid, payment, performance,
payment and performance, or completion bonds from contractors for
construction, alteration, repair, or maintenance of Coast Guard vessels if--
`(1) the bond is required by law; or
`(2) the Secretary determines after investigation that imposing these
bonding requirements would not prevent a responsible bidder or offeror
from competing for award of the contract.'.
(b) The analysis for chapter 17 of title 14, United States Code, is amended
by inserting after the item relating to section 666 the following:
`667. Vessel construction bonding requirements.'.

150925187cd132ee525b5f6a31022a6a1f9f1e9ab4a19f6cd99904996860fd0b

REQUIREMENT.
Section 8502 of title 46, United States Code, is amended by adding at the
end the following new subsection:
`(i) A seagoing, self-propelled hopper dredge is exempt from subsection
(a) of this section.'.

31003dec7b2de52aec7d90a4ad9f173dfe2fffb94bedecab0d5b9784ec7b170b

Notwithstanding another law, the Secretary of Transportation shall transfer
by quitclaim, without consideration, to the Town of Hempstead, Nassau
County, New York, all rights, title, and interest of the United States
in Coast Guard property and improvements located at Reynolds Channel,
Atlantic Beach, New York. The Secretary shall require the property to be
surveyed before it is transferred and the transferee shall pay for that
survey and all conveyance costs.

5e9d71bc4036bd802a2569abce78c2694db208e16ada720fc1655f90807cd663

(a) Notwithstanding another law, the Secretary of Transportation shall
transfer without consideration to the City of South Haven, Michigan all
rights, title, and interest of the United States in Coast Guard property
described in subsection (b). The transferee shall pay for all conveyance
costs.
(b) The property is part of block 52 in the original Village (Now City) of
South Haven, Van Buren County, Michigan, described as, beginning at a point
found by commencing at the North quarter post of section 10. Town 1 South,
range 17 West, Van Buren County, Michigan; thence with bearings referenced
to the Corps of Engineers Harbor Line Survey of 1941. South 89 degrees 34
36" West along the North line of the section, 2386.95 feet; thence South
00 degrees 25 24" East at right angles to said section line. 450.64 feet
to the place of beginning of this description, said place of beginning
being 825.50 feet South 81 degrees 52 10" West of the East terminus of
the Black River Channel entrance; thence South 10 degrees 38 30" East,
147.00 feet; thence South 81 degrees 52 10" West, 131.47 feet; thence
North 07 degrees 43 50" West 146.85 feet; thence North 81 degrees 52 10"
East, 124.00 feet to the place of beginning of this description, as per
a survey made July 11, 1925, by T.A. Smith, Van Buren County Surveyor,
subject to existing easements and restrictions of record.

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(a) Notwithstanding another law, the Secretary of Transportation shall
transfer without consideration to the Secretary of Commerce all rights,
title, and interest of the United States in Coast Guard property and
improvements described as follows: Part of Block 739 of Revised Plat of
City of Muskegon of part of section 28, Town 10 North, Range 17 West,
City of Muskegon, Muskegon County, Michigan described as beginning at a
point distant South 48 degrees 15 minutes 56 seconds East 414.13 feet from
Corps of Engineers Disc Guard 2 and distant North 35 degrees 59 minutes
49 seconds West 225.70 feet from Corps of Engineers Monument MUS 34 and
distant South 85 degrees 51 minutes 27 seconds West 727.32 feet from the
Northwest corner of Block 757 of the Revised Plat of City of Muskegon and
proceeding thence North 28 degrees 38 minutes 52 seconds West 230.13 feet;
thence South 61 degrees 14 minutes 26 seconds West 14.96 feet; thence North
28 degrees 24 minutes West 128.23 feet; thence South 61 degrees 14 minutes
26 seconds 00 seconds West 150 feet, more or less, to the shore of Lake
Michigan; thence Southeasterly 358 feet, more or less, along the shore of
Lake Michigan to the intersection with the line bearing South 61 degrees 14
minutes 26 seconds West from the point of beginning; thence North 61 degrees
14 minutes 26 seconds East 163 feet, more or less, to the point of beginning.
(b) The Secretary of Commerce shall make the property transferred under this
section available to the National Oceanic and Atmospheric Administration.

2f9b4f8d30752b9733534bae54c10b432c7e771f5d9ef903428035064ce78577

(a) None of the funds authorized to be appropriated for use by the Coast
Guard in Fiscal Year 1992 may be expended to acquire additional information
resources, including information equipment, until the  Commandant of the
Coast Guard develops and implements a strategic information resources
plan to identify long-term information priorities and link the Coast
Guard's missions, priorities, and organizational strategies to Coast Guard
information resources.
(b) The Commandant shall submit to the Committee on Commerce, Science,
and Transportation in the Senate and to the Committee on Merchant Marine
and Fisheries in the House of Representatives quarterly reports during
Fiscal Year 1991 concerning the progress toward completion of the strategic
information resources plan, and specifically listing any expenditures or
obligations made to acquire information resources.
(c) Section 663 of title 14, United States Code, is amended in the first
sentence, by striking `and Shore Facilities Plan.' and inserting `Shore
Facilities Plan, and Information Resources Management Plan.'.

444ec4004b467f13dfc54276b68c4ba22d8bb8c284f32bb6c29b260fc6c058e8

Chapter 131 of title 46, United States Code, is amended--
(a) in section 13101(b)(2) by striking `and with the guidelines developed
under that Act; and' and inserting `the Federal Aid in Sport Fish Restoration
Act of 1950 (16 U.S.C. 777-777k), and with the guidelines developed under
those Acts; and';
(b) in section 13102--
(1) in subsection (a)(3) by inserting `State' after the word `general';
(2) in subsection (c)(4) by inserting `or drugs' after the word `alcohol';
and
(3)  in subsection (d) by striking `the proportionate share' and inserting
`a proportionate share';
(c) in sections 13103(a)(3) and 13105(a) by striking `or obligated' each
time it appears; and
(d) in section 13108(a)(1) to read as follows: `During the second quarter
of a fiscal year and on the basis of computations made under section 13105
of this title and submitted by the States for the preceding fiscal year,
the Secretary shall determine the percentage of the amounts available to
which each eligible State is entitled for the next fiscal year.'.

f482bf29f6a93ef037ef002ff2819f9524e0ae13dead1307ab29fe86a3cf59e1

Notwithstanding another law, the Secretary of Transportation shall transfer
without consideration by quitclaim deed to Dare County, North Carolina all
rights, title, and interest of the United States in Coast Guard property
and improvements located on the northern end of Pea Island east side of
State road 1257, 0.3 miles north of North Carolina Highway 12 in Rodanthe,
Dare County, North Carolina. The Secretary shall require the property to
be surveyed before it is transferred.

5d184c58537ff7ddebcf9fd5c8a305ffbe36af4ba143cbf81f7107244040d282

Bayou Lafourche, in the State of Louisiana, between the Percy Brown Road
(Hwy 648), city of Thibodaux, parish of Lafourche, and the Southern Pacific
Railroad bridge crossing the bayou, city of Thibodaux, parish of Lafourche,
is declared to be a navigable waterway of the United States under chapter
11 of title 33, United States Code.

7ed69655d8b09a4ef6ac46206ca10c06ae928e0bba9de549d57be3639eb928ba

In addition to any sums authorized to be  appropriated for the Coast Guard
for fiscal year 1992, $6,000,000 is authorized to be  appropriated for
fiscal year 1992 and transferred to the University of Alaska to establish
a Cold Water Survival Training Center in Kenai, Alaska.

bb756f650094640d63502c25f4e15198b33e7f07ea2deceece626cf9d6ca2637

(a) DEFINITION- For purposes of the application of sections 8103(a),
12102, 12110, and 12111 of title 46, United States Code, to a fishing
vessel operating in waters subject to the jurisdiction of the United
States off the coast of the State of California, the term `citizen of the
United States' includes an alien lawfully admitted to the United States
for permanent residence.
(b) TERMINATION- This section shall terminate on October 1, 2000.

b90a77e4a87a79989e661fe53a145bb34b3b37fc0a731bef1b5528a987cdb762

Section 88 of title 14, United States Code, is amended by adding at the
end the following new subsection:
`(c) An individual who knowingly and willfully communicates a false distress
message to the Coast Guard or causes the Coast Guard to attempt to save
lives and property when no help is needed is--
`(1) guilty of a class D felony;
`(2) subject to a civil penalty of not more than $5,000; and
`(3) liable for all costs the Coast Guard incurs as a result of the
individual's action.'.

0b46d4ec30f7a74ff4275ccd6a75ccaef7391b24d16539db38e216b19eee87af

TITLE IV

-FALSE DISTRESS REPORTS

There is authorized to be  appropriated to the Secretary of the department
in which the Coast Guard is operating not more than $2,000,000 for fiscal
year 1991 and not more than $2,000,000 for fiscal year 1992 for acquiring
direction finding and transmitter identification equipment to improve
land-based and mobile Coast Guard search and rescue capabilities.
That section 102 of Public Law 101-225, the Coast Guard Authorization Act
of 1989, is amended--
(1) in subsection (1), by striking `$2,381,500,000' and inserting
`$2,391,500,000'; and
(2) by adding a new subsection to read as follows:
`(6) ENVIRONMENTAL COMPLIANCE AND RESTORATION- For environmental compliance
and restoration at Coast Guard facilities, $30,000,000.'.

48f558ab102a83071479ae7df742b258206ae970185925ec8a55fca054b736ef

972ffccc1f8243b09a0ed52400fd1bcad61bcde7212142e261d9daab0ca175f7

TITLE VI

-ALEUTIAN TRADE ACT OF 1990

46, United States Code, is amended by--
(1) designating the existing text as subsection (a); and
(2) adding the following new subsection at the end:
`(b) In chapters 33, 45, 51, 81, and 87 of this title, `Aleutian trade'
means the transportation of cargo (including fishery related products)
for hire on board a fish tender vessel to or from a place in Alaska west
of 153 degrees West longitude and east of 172 degrees East longitude, if
that place receives weekly common carrier service by water, to or from a
place in the United States (except a place in Alaska).'.
(b) INSPECTION PROVISIONS- Section 3302(c) of title 46, United States Code,
is amended by adding at the end the following:
`(3) a fishing, fish processing, or fish tender vessel of not more than 500
gross tons is exempt from section 3301 (1), (6), and (7) of this title if--
`(A) when transporting cargo to or from a place in Alaska--
`(i) that place does not receive weekly common carrier service by water
from a place in the United States; or
`(ii) the cargo is of a type not accepted by that common carrier service; or
`(B) in the case of a fish tender vessel, the vessel is not engaged in
the Aleutian trade.
`(4) A fish tender vessel is exempt from section 3301 (1), (6), and (7)
of this title when engaged in the Aleutian trade if the vessel--
`(A) is not more than 500 gross tons;
`(B) has an incline test performed by a marine surveyor; and
`(C) has written stability instructions posted on board the vessel.'.
(c) Safety Standards-
(1) Section 4502 (b) and (c) of title 46, United States Code, is amended
to read as follows:
`(b)(1) In addition to the requirements of subsection (a) of this section,
the Secretary shall prescribe regulations requiring the installation,
maintenance, and use of the equipment in paragraph (2) of this subsection
for documented vessels to which this chapter applied that--
`(A) operate beyond the Boundary Line;
`(B) operate with more than 16 individuals on board; or
`(C) in the case of a fish tender vessel, engage in the Aleutian trade.
`(2) The equipment to be required is as follows:
`(A) alerting and locating equipment, including emergency position indicating
radio beacons;
`(B) lifeboats or liferafts sufficient to accommodate all individuals
on board;
`(C) at least one readily accessible immersion suit for each individual
on board that vessel when operating on the waters described in section
3102 of this title;
`(D) radio communications equipment sufficient to effectively communicate
with land-based search and rescue facilities;
`(E) navigation equipment, including compasses, radar reflectors, nautical
charts, and anchors;
`(F) first aid equipment, including medicine chests; and
`(G) other equipment required to minimize the risk of injury to the crew
during vessel operations, if the Secretary determines that a risk of
serious injury exists that can be eliminated or mitigated by that equipment.
`(c)(1) In addition to the requirements described in subsections (a) and
(b) of this section, the Secretary may prescribe regulations establishing
the standards in paragraph (2) of this subsection for vessels to which
this chapter applies that--
`(A)(i) were built after December 31, 1988, or undergo a major conversion
completed after that date; and
`(ii) operate with more than 16 individuals on board; or
`(B) in the case of a fish tender vessel, engage in the Aleutian trade.
`(2) The standards shall be minimum safety standards, including standards
relating to--
`(A) navigation equipment, including radars and fathometers;
`(B) life saving equipment, immersion suits, signaling devices, bilge pumps,
bilge alarms, life rails, and grab rails;
`(C) fire protection and firefighting equipment, including fire alarms
and portable and semiportable fire extinguishing equipment;
`(D) use and installation of insulation material;
`(E) storage methods for flammable or combustible material; and
`(F) fuel, ventilation, and electrical systems.'.
(2) Section 4502(f) of title 46, United States Code, is amended to read
as follows:
`(f) To ensure compliance with the requirements of this chapter, at least
once every 2 years the Secretary shall examine--
`(1) a fish processing vessel; and
`(2) a fish tender vessel engaged in the Aleutian trade.'.
(d) LOAD LINES- Section 5102(b)(5)(B) of title 46, United States Code,
is amended to read as follows:
`(B)(i) is not on a foreign voyage; or
`(ii) engaged in the Aleutian trade (except a vessel in that trade assigned
a load line at any time before June 1, 1992).'.
(e) Manning-
(1) Section 8104 of title 46, United States Code, is amended by adding at
the end the following:
`(n)(1) Except as provided in paragraph (2) of this subsection, on a fish
tender vessel of not more than 500 gross tons engaged in the Aleutian trade,
the licensed individuals and crewmembers shall be divided, when at sea,
into at least 3 watches.
`(2) On a fish tender vessel of not more than 500 gross tons engaged in the
Aleutian trade, the licensed individuals and crewmembers shall be divided,
when at sea, into at least 2 watches, if the vessel--
`(A) before September 8, 1990, operated in that trade; or
`(B)(i) before September 8, 1990, was purchased to be used in that trade; and
`(ii) before June 1, 1992, entered into service in that trade.'.
(2) Section 8702 of title 46, United States Code, is amended as follows:
(A) in subsection (a)(3) by striking `vessel' and substituting `vessel
(except a fish tender vessel engaged in the Aleutian trade)';
(B) in subsection (b)(2) by--
(i) striking `50 percent on a vessel permitted under section 8104 of this
title to maintain a 2-watch system.'; and
(ii) substituting the following:
`50 percent--
`(i) on a vessel permitted under section 8104 of this title to maintain
a 2-watch system; or
`(ii) on a fish tender vessel engaged in the Aleutian trade.'.
(3) For the purposes of chapter 73 of title 46, United States Code, the
Secretary of Transportation shall accept the service used by an individual
to qualify for an endorsement as able seaman--fishing industry as qualifying
service toward an endorsement as an able seaman--
(A) under sections 7307 and 7309 of that title; or
(B) if the service is on board a vessel of at least 100 gross tons, under
section 7308 of that title.
(f) EFFECTIVE DATES- This section is effective on the date of enactment
of this section except as follows:
(1) The requirements imposed by section 3302(c)(4) (B) and (C) of title
46, United States Code, (as enacted by subsection (b) of this section)
is effective 6 months after the date of enactment of this Act.
(2) Before January 1, 1993, section 4502(c) (as amended by subsection (c)
of this section) does not apply to a fish tender vessel engaged in the
Aleutian trade, if the vessel--
(A)(i) before September 8, 1990, operated in that trade; or
(ii) before September 8, 1990, was purchased to be used in that trade and,
before June 1, 1992, entered into service in that trade; and
(B) does not undergo a major conversion.
(3) Before January 1, 2003, a fish tender vessel is exempt from chapter
51 of title 46, United States Code, (as amended by subsection (d) of this
section) when engaged in the Aleutian trade, if the vessel--
(A)(i) before September 8, 1990, operated in that trade; or
(ii) before September 8, 1990, was purchased to be used in this trade and,
before June 1, 1992, entered into service in that trade;
(B) does not undergo a major conversion; and
(C) did not have a load line assigned at any time before the date of
enactment of this Act.
(4) The requirements imposed by section 8702(b)(2) of title 46, United
States Code, (as amended by subsection (e)(2)(B) of this section) are
effective 1 year after the date of enactment of this Act.

a0e326fe629381ac0294ffe0cf2574b22c178a4b433c7a2875591fd70e6fdbf5

is amended as follows:
(1) Section 2101(14)(C) is amended by striking `(49 U.S.C. 1803)' and
substituting `(49 App. U.S.C. 1803)'.
(2) Section 3302(J)(2)(B) is amended by striking `(46 App. U.S.C. 1295(c))'
and substituting `(46 App. U.S.C. 1295c)'.
(3)(A) Section 4104 is repealed.
(B) The chapter analysis for chapter 41 is amended by striking item 4104.
(4) The catch line of section 5114 is amended by striking `officers
employees' and substituting `officers and employees'.
(5)(A) Section 5115 is repealed.
(B) The chapter analysis for chapter 51 is amended by striking item 5115.
(6) Section 8103(i)(1)(C) is amended by striking `Naturalization' and
substituting `Nationality'.
(7)(A) Section 8105 is repealed.
(B) the analysis for chapter 81 is amended by striking item 8105.
(8) The chapter analysis is amended by striking items 12113-12116, 12118,
and 12121.
(9) Section 12109(b) is amended by striking `aboard such a pleasure vessel'
and substitute `on board that recreational vessel'.
(10) Sections 12501(b)(2)(A) and 12503(a)(2)(A) are amended to read
as follows:
`(A) the owner's social security number or, if that number is not available,
other means of identification acceptable to the Secretary or'.
(11) Section 12505 is amended by--
(A) striking subsections (b), (c), (d), and (f); and
(B) redesignating subsection (e) as subsection (b).
(12)(A) Section 14102 is repealed.
(B) The chapter analysis for chapter 141 is amended by striking item 14102.
(13) Section 31308 is amended by striking `(46 App. U.S.C. 1241 et seq.)' and
substituting `(46 App. U.S.C. 1271 et seq.)'.
Attest:
Clerk.
HR 4009 EAH----2
HR 4009 EAH----3

d4e076a0b4bfe7e4ee76353de1a23de1f6d66e5878eb2deb30e717391aad74c1

Federal Maritime Commission Authorization Act of 1990

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

TITLE VI

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