Sec. 212. Database on icebreaking operations in the Great Lakes
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/bill/117/s/4802/is/section-212·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Commandant shall establish and maintain a database for collecting, archiving, and disseminating data on icebreaking operations and commercial vessel and ferry transit in the Great Lakes during ice season. The database required under subsection
(a)shall include the following: Attempts by commercial vessels and ferries to transit ice-covered waterways in the Great Lakes that are unsuccessful because of inadequate icebreaking. The period of time that each commercial vessel or ferry was unsuccessful at so transiting due to inadequate icebreaking. The amount of time elapsed before each such commercial vessel or ferry was successfully broken out of the ice and whether it was accomplished by the Coast Guard or by commercial icebreaking assets. Relevant communications of each such commercial vessel or ferry with the Coast Guard and with commercial icebreaking services during such period. A description of any mitigating circumstance, such as Coast Guard icebreaker diversions to higher priority missions, that may have contributed to the amount of time described in paragraph (3). Any reporting by operators of commercial vessels or ferries under this section shall be voluntary. The Commandant shall make the database available to the public on a publicly accessible internet website of the Coast Guard. With respect to the Great Lakes icebreaking operations of the Coast Guard and the development of the database required under subsection (a), the Commandant shall consult operators of commercial vessels and ferries. 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, United States Code, or an alternate tonnage measured under section 14302 of such title, as prescribed by the Secretary of the department in which the Coast Guard is operating under section 14104 of such title. The term Great Lakes means the United States waters of Lake Superior, Lake Michigan, Lake Huron, Lake Erie, and Lake Ontario, their connecting waterways, and their adjacent harbors. 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 extricate vessels and individuals from danger; to prevent damage due to flooding; to meet the reasonable demands of commerce; to minimize delays to passenger ferries; and to 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. Not later than July 1 after the first winter in which the Commandant is subject to the requirements of section 564 of title 14, United States Code, the Commandant shall publish on a publicly accessible internet website of the Coast Guard a report on the cost to the Coast Guard of meeting the requirements of that section.