Sec. 8441. REGULATIONS FOR COVERED SMALL PASSENGER VESSELS
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## SEC. 8441 REGULATIONS FOR COVERED SMALL PASSENGER VESSELS ###
(a)In General Section 3306 of title 46, United States Code, is amended— ####
(1)in subsection (a)— #####
(A)in the matter preceding paragraph (1), by inserting “, including covered small passenger vessels (as defined in subsection (n)(5))” after “vessels subject to inspection”; and #####
(B)in paragraph (5), by inserting before the period at the end “, including rechargeable devices utilized for personal or commercial electronic equipment”; and ####
(2)by adding at the end the following: > > ### “(n) Covered Small Passenger Vessels > > > #### “(1) Regulations > > The Secretary shall prescribe additional regulations to secure the safety of individuals and property on board covered small passenger vessels. > > > #### “(2) Comprehensive review > > In order to prescribe the regulations under paragraph (1), the Secretary shall conduct a comprehensive review of all requirements (including calculations), in existence on the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, that apply to covered small passenger vessels, with respect to fire detection, protection, and suppression systems, and avenues of egress, on board such vessels. > > > #### “(3) Requirements > > > ##### “(A) In general > > Subject to subparagraph (B), the regulations prescribed under paragraph
(1)shall include, with respect to covered small passenger vessels, regulations for— > > > ###### “(i) > > marine firefighting training programs to improve crewmember training and proficiency, including emergency egress training for each member of the crew, to occur for all members on the crew— > > > ###### “(I) > > at least monthly while such members are employed on board the vessel; and > > > ###### “(II) > > each time a new crewmember joins the crew of such vessel; > > > ###### “(ii) > > in all areas on board the vessel where passengers and crew have access, including dining areas, sleeping quarters, and lounges— > > > ###### “(I) > > interconnected fire detection equipment, including audible and visual alarms; and > > > ###### “(II) > > additional fire extinguishers and other firefighting equipment; > > > ###### “(iii) > > the installation and use of monitoring devices to ensure the wakefulness of the required night watch; > > > ###### “(iv) > > increased fire detection and suppression systems (including additional fire extinguishers) on board such vessels in unmanned areas with machinery or areas with other potential heat sources; > > > ###### “(v) > > all general areas accessible to passengers to have no less than 2 independent avenues of escape that are— > > > ###### “(I) > > constructed and arranged to allow for free and unobstructed egress from such areas; > > > ###### “(II) > > located so that if one avenue of escape is not available, another avenue of escape is available; and > > > ###### “(III) > > not located directly above, or dependent on, a berth; > > > ###### “(vi) > > the handling, storage, and operation of flammable items, such as rechargeable batteries, including lithium ion batteries utilized for commercial purposes on board such vessels; > > > ###### “(vii) > > passenger emergency egress drills for all areas on the vessel to which passengers have access, which shall occur prior to the vessel beginning each excursion; and > > > ###### “(viii) > > all passengers to be provided a copy of the emergency egress plan for the vessel. > > > ##### “(B) Applicability to certain covered small passenger vessels > > The requirements described in clauses (iii), (v), (vii), and
(viii)of subparagraph
(A)shall only apply to a covered small passenger vessel that has overnight passenger accommodations. > > > #### “(4) Interim requirements > > > ##### “(A) Interim requirements > > The Secretary shall, prior to issuing final regulations under paragraph (1), implement interim requirements to enforce the requirements under paragraph (3). > > > ##### “(B) Implementation > > The Secretary shall implement the interim requirements under subparagraph
(A)without regard to chapters 5 and 6 of title 5 and Executive Order Nos. 12866 and 13563 (5 U.S.C. 601 note; relating to regulatory planning and review and relating to improving regulation and regulatory review). > > > #### “(5) Definition of covered small passenger vessel > > In this subsection, the term ‘covered small passenger vessel’— > > > ##### “(A) > > except as provided in subparagraph (B), means a small passenger vessel (as defined in section 2101) that— > > > ###### “(i) > > has overnight passenger accommodations; or > > > ###### “(ii) > > is operating on a coastwise or oceans route; and > > > ##### “(B) > > does not include a ferry (as defined in section 2101) or fishing vessel (as defined in section 2101).” > . ###
(b)Section 3202 Section 3202(b) of title 46, United States Code, is amended— ####
(1)by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively, and indenting appropriately; ####
(2)by striking “ This chapter ” and inserting the following: > > #### “(1) In general > > This chapter” > ; and ####
(3)by adding at the end the following: > > #### “(2) Safety management system > > Notwithstanding any other provision in this chapter, including paragraph (1)(B), any regulations under section 3203, including the safety management system established by such regulations, issued on or after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, shall apply to all covered small passenger vessels, as defined in section 3306(n)(5).” > . ###
(c)Section 3203 Section 3203(a) of title 46, United States Code, is amended by inserting “(including, for purposes of this section, all covered small passenger vessels, as defined in section 3306(n)(5))” after “vessels to which this chapter applies”. # TITLE LVXXXV TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
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Sec. 8441
REGULATIONS FOR COVERED SMALL PASSENGER VESSELS
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