Sec. 11212. Great Lakes winter commerce
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/bill/117/hr/7776/eah/section-11212·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States 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 Coast Guard icebreaking in the Great Lakes. The report required under subparagraph
(A)shall evaluate— the economic impact of vessel delays or cancellations associated with ice coverage on the Great Lakes; mission needs of the Coast Guard Great Lakes icebreaking program; the impact that the proposed standards described in paragraph
(2)would have on— Coast Guard operations in the Great Lakes; Northeast icebreaking missions; and inland waterway operations; a fleet mix analysis for meeting such proposed standards; a description of the resources necessary to support the fleet mix resulting from such fleet mix analysis, including billets for crew and operating costs; and recommendations to the Commandant for Improvements to the Great Lakes icebreaking program, including with respect to facilitating commerce and meeting all Coast Guard mission needs. The proposed standards described in this subsection are the following: Except as provided in subparagraph (B), the Commandant shall keep ice-covered waterways in the Great Lakes open to navigation during not less than 90 percent of the hours that commercial vessels and ferries attempt to transit such ice-covered waterways. In a year in which the Great Lakes are not open to navigation, because of ice of a thickness that occurs on average only once every 10 years, the Commandant shall keep ice-covered waterways in the Great Lakes open to navigation during not less than 70 percent of the hours that commercial vessels and ferries attempt to transit such ice-covered waterways. Not later than 90 days after the date on which the Comptroller General submits the report under paragraph (1), the Commandant 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 that includes the following: A plan for Coast Guard implementation of any recommendation made by the Comptroller General under paragraph (1)(B)(ii) that the Commandant considers appropriate. With respect to any recommendation made under such paragraph that the Commandant declines to implement and a justification for such decision. A review of, and a proposed implementation plan for, the results of the fleet mix analysis under paragraph (1)(B)(iv). Any proposed modifications to the standards for icebreaking operations in the Great Lakes. In this section: The term commercial vessel means any privately owned cargo vessel operating in the Great Lakes during the winter season of at least 500 tons, as measured under section 14502 of title 46, or an alternate tonnage measured under section 14302 of such title, as prescribed by the Secretary under section 14104 of such title. The term Great Lakes means the United States waters of Lake Superior, Lake Michigan, Lake Huron (including Lake St. Clair), Lake Erie, and Lake Ontario, their connecting waterways, and their adjacent harbors, and the connecting channels (including the following rivers and tributaries of such rivers: Saint Mary’s River, Saint Clair River, Detroit River, Niagara River, Illinois River, Chicago River, Fox River, Grand River, St. Joseph River, St. Louis River, Menominee River, Muskegon River, Kalamazoo River, and Saint Lawrence River to the Canadian border). The term ice-covered waterway means any portion of the Great Lakes in which commercial vessels or ferries operate that is 70 percent or greater covered by ice, but does not include any waters adjacent to piers or docks for which commercial icebreaking services are available and adequate for the ice conditions. The term open to navigation means navigable to the extent necessary, in no particular order of priority, to meet the reasonable demands of commerce, minimize delays to passenger ferries, extricate vessels and individuals from danger, prevent damage due to flooding, and conduct other Coast Guard missions (as required). The term reasonable demands of commerce means the safe movement of commercial vessels and ferries transiting ice-covered waterways in the Great Lakes, regardless of type of cargo, at a speed consistent with the design capability of Coast Guard icebreakers operating in the Great Lakes and appropriate to the ice capability of the commercial vessel.