Sec. 419. National policy, performance evaluations, and research regarding vessel traffic service centers
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Chapter 700 of title 46, United States Code, is amended— by redesignating sections 70004 and 70005 as sections 70005 and 70006, respectively; and by inserting after section 70003 the following: Not later than one year after the date of enactment of this section, the Secretary shall establish a national policy to be applied to all vessel traffic service centers and publish such policy in the Federal Register. The Secretary shall periodically update the national policy established under subparagraph
(A)and publish such update in the Federal Register. The national policy established and updated under paragraph
(1)shall include, at a minimum, the following: Standardization of titles, roles, and responsibilities for all personnel assigned, working, or employed in a vessel traffic service center. Standardization of organizational structure within vessel traffic service centers, to include supervisory and reporting chain and processes. Establishment of directives for the application of authority provided to each vessel traffic service center, specifically with respect to directing or controlling vessel movement when such action is justified in the interest of safety. Establishment of thresholds and measures for monitoring, informing, recommending, and directing vessel traffic. Establishment of national procedures and protocols for vessel traffic management. Standardization of training for all vessel traffic service directors, operators, and watchstanders. Establishment of certification and competency evaluation for all vessel traffic service directors, operators, and watchstanders. Establishment of standard operating language when communicating with vessel traffic users. Establishment of data collection and archiving processes for vessel incidents and near-miss events. The captain of the port covered by a vessel traffic service center may develop and submit to the Secretary regional policies in addition to the national policy established and updated under paragraph
(1)to account for variances from that national policy with respect to local vessel traffic conditions and volume, geography, water body characteristics, waterway usage, and any additional factors that the captain considers appropriate. Not later than 180 days after receiving regional policies under subparagraph (A)— the Secretary shall review those regional policies; and the captain of the port concerned shall implement the policies that the Secretary approves. The Secretary shall maintain a central depository for all regional policies approved under subparagraph (B). The Secretary shall develop and implement a standard method for evaluating the performance of vessel traffic service centers. The standard method developed and implemented under paragraph
(1)shall include, at a minimum, analysis and collection of data with respect to the following within a vessel traffic service area covered by each vessel traffic service center: Volume of vessel traffic, categorized by type of vessel. Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type. Data on near-miss events. Data on marine casualties. Application by vessel traffic operators of traffic management authority during near-miss events and marine casualties. Other additional methods as the Secretary considers appropriate. Not less frequently than annually, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the evaluation conducted under paragraph
(1)of the performance of vessel traffic service centers, including— recommendations to improve safety and performance; and data regarding marine casualties and near-miss events that have occurred during the period covered by the report. The Secretary shall develop a continuous risk assessment program to evaluate and mitigate safety risks for each vessel traffic service area to improve safety and reduce the risks of oil and hazardous material discharge in navigable waters. The Secretary, in coordination with State and Tribal governments, ports, nongovernmental organizations, and private citizens, shall develop a standard method for conducting risk assessments under paragraph
(1)that includes the collection and management of all information necessary to identify and analyze potential hazardous navigational trends within a vessel traffic service area. The Secretary shall ensure that a risk assessment conducted under paragraph
(1)includes an assessment of the following: Volume of vessel traffic, categorized by type of vessel. Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type. Data on near-miss events. Data on marine casualties. Geographic locations for near-miss events and marine casualties, including latitude and longitude. Cyclical risk factors such as weather, seasonal water body currents, tides, bathymetry, and topography. Weather data, in coordination with the National Oceanic and Atmospheric Administration. The Secretary shall retain all information collected under subparagraph
(A)and ensure policies and procedures are in place to standardize the format in which that information is retained to facilitate statistical analysis of that information to calculate within a vessel traffic service area, at a minimum, the incident rate, intervention rate, and accident prevention rate. With respect to vessel traffic service areas that cross international boundaries, the Secretary may work with international partners that have entered into bilateral or cooperative agreements with vessel traffic service centers to jointly manage those areas to collect, share, and analyze, at a minimum, information described in subparagraph
(A)that is in the possession or control of the international partner. In accordance with section 552 of title 5, United States Code, the Secretary shall make any risk assessments conducted under paragraph
(1)and any information collected under paragraph (3)(A) available to the public. The Secretary shall endeavor to work with international partners described in paragraph (3)(C) to enter into agreements to make information collected, shared, and analyzed under that paragraph available to the public. The Secretary shall develop a comprehensive nationwide training program for all vessel traffic service directors, operators, and watchstanders. The Secretary shall provide for such local variances to the program developed under subparagraph
(A)as the Secretary considers appropriate. The comprehensive nationwide training program under subparagraph
(A)and any variances to that program under subparagraph
(B)shall include, at a minimum, the following: Realistic vessel traffic scenarios to the maximum extent practicable that integrate— the national policy developed under subsection (a); international and inland navigation rules of the United States under the International Navigational Rules Act of 1977 ( 33 U.S.C. 1601 et seq.); the application of vessel traffic authority; and communication with vessel traffic service users. Proficiency training with respect to use, interpretation, and integration of available data on vessel traffic service display systems such as radar, video video, and vessel automatic identification system feeds. Practical application of the international and inland navigation rules of the United States under the International Navigational Rules Act of 1977 ( 33 U.S.C. 1601 et seq.). Proficiency training with respect to the operation of radio communications equipment and any other applicable systems necessary to execute vessel traffic service authorities. Incorporation of the Standard Maritime Marine Communication Phrases adopted by the International Maritime Organization by resolution on April 4, 2000, as amended and consolidated, or any successor resolution. Incorporation to the maximum extent possible of guidance and recommendations contained in vessel traffic services operator training, vessel traffic services supervisor training, or other relevant training set forth by the International Association of Marine Aids to Navigation and Lighthouse Authorities. A minimum number of hours of training for an individual to complete before the individual is qualified to fill a vessel traffic services position without supervision. Local area geographic and operational familiarization. Such additional components as the Secretary considers appropriate. The Secretary shall develop a standard competency qualification process to be applied to all personnel assigned, employed, or working in a vessel traffic service center. The competency qualification process developed under subparagraph
(A)shall include measurable thresholds for determining proficiency. All personnel assigned, employed, or working in a vessel traffic service center with responsibilities that include communicating, interacting, or directing vessels within a vessel traffic service area, as determined under the national policy developed under subsection (a), shall be required to pass a United States international and inland navigation rules test developed by the Secretary. The Secretary shall determine the content and passing standard for the rules test developed under subparagraph (A). The Secretary shall establish a frequency, not to exceed once every 5 years, for personnel described in subparagraph
(A)to be required to pass the rules test developed under such subparagraph. The Secretary shall conduct research, in consultation with subject matter experts identified by the Secretary, to develop more effective procedures for monitoring vessel communications on radio frequencies to identify and address unsafe situations in a vessel traffic service area. The Secretary shall consider data collected under subparagraphs
(A)and
(B)of subsection (c)(3). The Secretary shall conduct research, in consultation with local stakeholders and subject matter experts identified by the Secretary, to evaluate and determine the feasibility and benefits of representation by professional mariners on the vessel traffic service watchfloor at each vessel traffic service center. The Secretary shall implement representation by professional mariners on the vessel traffic service watchfloor at those vessel traffic service centers for which it is determined feasible and beneficial pursuant to research conducted under subparagraph (A). The Secretary shall establish a working group with regional stakeholders, industry subject matter experts, and representatives of the Radio Technical Commission for Maritime Services (or, if such Commission does not provide representatives, representatives of a similar organization selected by the Secretary) to carry out the following: To evaluate, and provide recommendations to the Secretary regarding the implementation of, regulations, procedures, and equipment standards as necessary to improve and ensure broadcasted vessel automatic identification system data is accurate regarding the following, as applicable: Navigation status. Radio call sign. Vessel name. Vessel type. Vessel cargo. Vessel dimensions. Vessel tow size. Vessel tow configuration. To develop recommended industry methods for reporting inaccuracies regarding the information listed in clauses
(i)through
(viii)of subparagraph (A). The working group established under paragraph
(1)shall evaluate and determine the practicability, economic cost, regulatory burden, and navigational benefit to outfitting vessels lacking independent means of propulsion that carry flammable, combustible, or hazardous liquid cargo with vessel automatic identification systems. Based on the evaluation under subparagraph (A), the Secretary shall prescribe such regulations as the Secretary considers appropriate to establish requirements relating to the outfitting of vessels described in such subparagraph with vessel automatic identification systems. Based on the performance evaluation conducted under subsection (b), the Secretary shall periodically review vessel traffic service areas to determine— if there are any additional vessel traffic service needs in those areas; and if a vessel traffic service area should be moved or modified. In conducting the periodic review under paragraph (1), the Secretary shall seek input from port and waterway stakeholders to identify areas of increased vessel conflicts or accidents that could benefit from the use of routing measures or vessel traffic service special areas to improve safety, port security, and environmental protection. In this section: The term hazardous liquid cargo has the meaning given that term in regulations prescribed under section 5103 of title 49, United States Code. The term marine casualty has the meaning given that term in regulations prescribed under section 6101(a) of title 46, United States Code. The term vessel traffic service area means an area specified in subpart C of part 161 of title 33, Code of Federal Regulations, or any successor regulation. The term vessel traffic service center means a center for the provision of vessel traffic services in a vessel traffic service area. . The analysis for chapter 700 of title 46, United States Code, is amended by striking the items relating to sections 70004 and 70005 and inserting the following: 70004. Vessel traffic service system. 70005. Considerations by Secretary. 70006. International agreements. . Chapter 700 of title 46, United States Code, as amended by this section, is further amended— in section 70001(a)— in the matter preceding paragraph (1), by striking 70004 and inserting 70005 ; and in paragraph (1), by striking 70005 and inserting 70006 ; and in the matter preceding paragraph
(1)in section 70003(c), by striking 70004 and inserting 70005 ;
(3)in the matter preceding paragraph
(1)of section 70005, as redesignated by subsection (a)(1), by striking and 70003 and inserting 70003, and 70004 ; and
(4)in section 70032, by inserting 70005, after 70004, .
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Sec. 419
National policy, performance evaluations, and research regarding vessel traffic service centers
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