Sec. 11505. Historic wood sailing vessels
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/bill/117/hr/7776/eah/section-11505·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 evaluating the practicability of the application of section 3306(n)(3)(A)(v) of title 46, United States Code, to historic wood sailing vessels. The report required under paragraph
(1)shall include the following: An assessment of the compliance, as of the date on which the report is submitted under paragraph (1), of historic wood sailing vessels with section 3306(n)(3)(A)(v) of title 46, United States Code. An assessment of the safety record of historic wood sailing vessels. An assessment of any risk that modifying the requirements under such section would have on the safety of passengers and crew of historic wood sailing vessels. An evaluation of the economic practicability of requiring the compliance of historic wood sailing vessels with such section and whether such compliance would meaningfully improve safety of passengers and crew in a manner that is both feasible and economically practicable. Any recommendations to improve safety in addition to, or in lieu of, applying such section to historic wood sailing vessels. Any other recommendations as the Comptroller General determines are appropriate with respect to the applicability of such section to historic wood sailing vessels. An assessment to determine if historic wood sailing vessels could be provided an exemption to such section and the changes to legislative or rulemaking requirements, including modifications to section 177.500(q) of title 46, Code of Federal Regulations (as in effect on the date of enactment of this Act), that are necessary to provide the Commandant the authority to make such exemption or to otherwise provide for such exemption. In completing the report required under subsection (a), the Comptroller General may consult with— the National Transportation Safety Board; the Coast Guard; and the maritime industry, including relevant federally funded research institutions, nongovernmental organizations, and academia. The captain of a port may waive the requirements of section 3306(n)(3)(A)(v) of title 46, United States Code, with respect to covered historic vessels for not more than 2 years after the date on which the report required under subsection
(a)is submitted. The captain of a port may, upon the request of the owner or operator of a historic wood sailing vessel that is not a covered historic vessel, waive the requirements of section 3306(n)(3)(A)(v) of title 46, United States Code, with respect to the historic wood sailing vessel for not more than 2 years after date on which the report required under subsection
(a)is submitted, if the captain of the port— determines that it is technically infeasible for the historic wood sailing vessel to comply with the requirements described in section 3306(n)(3)(A)(v) of title 46, United States Code, due to its age; and approves the alternative arrangements proposed for the historic wood sailing vessel in accordance with paragraph (2). An owner or operator of a historic wood sailing vessel requesting a waiver under paragraph
(1)shall submit such a request to the captain of a port that includes the alternative arrangements the owner or operator will take to ensure an equivalent level of safety, to the maximum extent practicable, to the requirements under section 3306(n)(3)(A)(v) of title 46, United States Code. Nothing in this section shall limit any authority available, as of the date of enactment of this Act, to the captain of a port with respect to safety measures or any other authority as necessary for the safety of historic wood sailing vessels. Any vessel that receives a waiver under subsection
(c)or subsection
(d)shall, beginning on the date on which the requirements under section 3306(n)(3)(v) of title 46, United States Code, take effect, provide a prominently displayed notice on its website, ticket counter, and each ticket for a passenger that the vessel is exempt from meeting the Coast Guard safety compliance standards concerning egress as described under such section. In this section: The term covered historic vessels means each of the following: Adventuress (Official Number 210877). American Eagle (Official Number 229913). Angelique (Official Number 623562). Heritage (Official Number 649561). J & E Riggin (Official Number 226422). Ladona (Official Number 222228). Lady Washington (Official Number 944970). Lettie G. Howard (Official Number 222838). Lewis R. French (Official Number 015801). Mary Day (Official Number 288714). Stephen Taber (Official Number 115409). Victory Chimes (Official Number 136784). Grace Bailey (Official Number 085754). Mercantile (Official Number 214388). Mistress (Official Number 509004). Wendameen (Official Number 210173). The term historic wood sailing vessel means a covered small passenger vessel, as defined in section 3306(n)(5) of title 46, United States Code, that— has overnight passenger accommodations; is a wood sailing vessel; has a hull constructed of wood; is principally equipped for propulsion by sail, even if the vessel has an auxiliary means of production; has no fewer than three masts; and was constructed before 1986.