Sec. 8402. TOWING VESSELS OPERATING OUTSIDE BOUNDARY LINE
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## SEC. 8402 TOWING VESSELS OPERATING OUTSIDE BOUNDARY LINE **[**[46 U.S.C. 2101 note](/us/usc/t46/s2101)**]** ###
(a)Definitions In this section— ####
(1)the term “Boundary Line” has the meaning given the term in section 103 of title 46, United States Code; ####
(2)the term “Officer in Charge, Marine Inspection” has the meaning given the term in section 3305(d)(4) of title 46, United States Code; and ####
(3)the term “Secretary” means the Secretary of the Department in which the Coast Guard is operating. ###
(b)Interim Exemption A towing vessel described in subsection
(c)and a response vessel included on a vessel response plan are exempt from any additional requirements of subtitle II of title 46, United States Code, and chapter I of title 33 and chapter I of title 46, Code of Federal Regulations (as in effect on the date of the enactment of this Act), that would result solely from such vessel operating outside the Boundary Line, if— ####
(1)the vessel is— #####
(A)operating outside the Boundary Line solely to perform regular harbor assist operations; or #####
(B)listed as a response vessel on a vessel response plan and is operating outside the Boundary Line solely to perform duties of a response vessel; ####
(2)the vessel is approved for operations outside the Boundary Line by the Officer in Charge, Marine Inspection and the Coast Guard Marine Safety Center; and ####
(3)the vessel has sufficient manning and lifesaving equipment for all persons on board, in accordance with part 15 and section 141.225 of title 46, Code of Federal Regulations (or any successor regulation). ###
(c)Applicability This section applies to a towing vessel— ####
(1)that is subject to inspection under chapter 33 of title 46, United States Code, and subchapter M of chapter I of title 46, Code of Federal Regulations (or any successor regulation); ####
(2)with only “Lakes, Bays, and Sounds” or “Rivers” routes recorded on such vessel’s certificate of inspection pursuant to section 136.230 of title 46, Code of Federal Regulations (or any successor regulation); ####
(3)that, with respect to a vessel described in subsection (b)(1)(A), is operating as a harbor assist vessel and regularly engaged in harbor assist operations, including the docking, undocking, mooring, unmooring, and escorting of vessels with limited maneuverability; and ####
(4)that, with respect to a vessel that is described in subsection (b)(1)(B), is listed— #####
(A)on a vessel response plan under part 155 of title 33, Code of Federal Regulations, on the date of approval of the vessel response plan; or #####
(B)by name or reference in the vessel response plan’s geographic-specific appendix on the date of approval of the vessel response plan. ###
(d)Limitations A vessel exempted under subsection
(b)is subject to the following operating limitations: ####
(1)The voyage of a vessel described in subsection (b)(1)(A) shall— #####
(A)be less than 12 hours in total duration; #####
(B)originate and end in the inspection zone of a single Officer in Charge, Marine Inspection; and #####
(C)occur no further than 10 nautical miles from the Boundary Line. ####
(2)The voyage of a vessel described in subsection (b)(1)(B) shall— #####
(A)originate and end in the inspection zone of a single Officer in Charge, Marine Inspection; and #####
(B)either— ######
(i)in the case of a voyage in the territorial waters of Alaska, Guam, Hawaii, American Samoa, and the Northern Mariana Islands, have sufficient manning as determined by the Secretary; or ######
(ii)be less than 12 hours. ###
(e)Safety ####
(1)Safety restrictions The Officer in Charge, Marine Inspection for an inspection zone may restrict operations under the interim exemption provided under subsection
(b)for safety purposes. ####
(2)Comprehensive lists The Officer in Charge, Marine Inspection for an inspection zone shall maintain and periodically update a comprehensive list of all towing vessels described in subsection
(c)that operate in the inspection zone. ####
(3)Notification Not later than 24 hours prior to intended operations outside of the Boundary Line, a towing vessel exempted under subsection
(b)shall notify the Office in Charge, Marine Inspection for the inspection zone of such operations. Such notification shall include— #####
(A)the date, time, and length of voyage; #####
(B)a crew list, with each crew member’s credentials and work hours; and #####
(C)an attestation from the master of the towing vessel that the vessel has sufficient manning and lifesaving equipment for all persons on board. ###
(f)Briefing Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the following: ####
(1)The impacts of the interim exemption provided under this section. ####
(2)Any safety concerns regarding the expiration of such interim exemption. ####
(3)Whether such interim exemption should be extended. ###
(g)Termination The interim exemption provided under subsection
(b)shall terminate on the date that is 2 years after the date of the enactment of this Act.
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Sec. 8402
TOWING VESSELS OPERATING OUTSIDE BOUNDARY LINE
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