Sec. 11213. DATABASE ON ICEBREAKING OPERATIONS IN GREAT LAKES
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## SEC. 11213 DATABASE ON ICEBREAKING OPERATIONS IN GREAT LAKES **[**[14 U.S.C. 504 note](/us/usc/t14/s504)**]** ###
(a)In General 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. ###
(b)Elements The database required under subsection
(a)shall include the following: ####
(1)Attempts by commercial vessels and ferries to transit ice-covered waterways in the Great Lakes that are unsuccessful because of inadequate icebreaking. ####
(2)The period of time that each commercial vessel or ferry was unsuccessful at transit described in paragraph
(1)due to inadequate icebreaking. ####
(3)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. ####
(4)Relevant communications of each such commercial vessel or ferry with the Coast Guard and with commercial icebreaking services during such period. ####
(5)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). ###
(c)Voluntary Reporting Any reporting by operators of commercial vessels or ferries under this section shall be voluntary. ###
(d)Public Availability The Commandant shall make the database available to the public on a publicly accessible website of the Coast Guard. ###
(e)Consultation With Industry 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. ###
(f)Public Report Not later than July 1 after the first winter in which the Commandant has submitted the report required by paragraph
(3)of section 11212(a), the Commandant shall publish on a publicly accessible website of the Coast Guard a report on the cost to the Coast Guard of meeting the proposed standards described in paragraph
(2)of such section. ###
(g)Definitions In this section: ####
(1)Commercial vessel 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 under section 14104 of such title. ####
(2)Great lakes 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). ####
(3)Ice-covered waterway 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. ####
(4)Open to navigation The term “open to navigation” means navigable to the extent necessary to— #####
(A)extricate vessels and individuals from danger; #####
(B)prevent damage due to flooding; #####
(C)meet the reasonable demands of commerce; #####
(D)minimize delays to passenger ferries; and #####
(E)conduct other Coast Guard missions as required. ####
(5)Reasonable demands of commerce 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.
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Sec. 11213
DATABASE ON ICEBREAKING OPERATIONS IN GREAT LAKES
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