Sec. 11502. REQUIREMENTS FOR DUKW AMPHIBIOUS PASSENGER VESSELS
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## SEC. 11502 REQUIREMENTS FOR DUKW AMPHIBIOUS PASSENGER VESSELS **[**[46 U.S.C. 3306 note](/us/usc/t46/s3306)**]** ###
(a)Rulemaking Required ####
(1)In general Not later than 6 months after the date of enactment of this Act, the Commandant shall initiate a rulemaking to establish additional safety standards for DUKW amphibious passenger vessels. ####
(2)Deadline for regulations The regulations issued under paragraph
(1)shall take effect not later than 18 months after the Commandant promulgates a final rule pursuant to such paragraph. ###
(b)Requirements The regulations required under subsection
(a)shall include the following: ####
(1)A requirement that operators of DUKW amphibious passenger vessels provide reserve buoyancy for such vessels through passive means, including watertight compartmentalization, built-in flotation, or such other means as determined appropriate by the Commandant, in order to ensure that such vessels remain afloat and upright in the event of flooding, including when carrying a full complement of passengers and crew. ####
(2)An identification, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere, of limiting environmental conditions, such as weather, in which DUKW amphibious passenger vessels may safely operate and a requirement that such limiting conditions be described in the certificate of inspection of each DUKW amphibious passenger vessel. ####
(3)Requirements that an operator of a DUKW amphibious passenger vessel— #####
(A)proceed to the nearest harbor or safe refuge in any case in which a watch or warning is issued for wind speeds exceeding the wind speed equivalent used to certify the stability of such DUKW amphibious passenger vessel; and #####
(B)maintain and monitor a weather monitor radio receiver at the operator station of the vessel that is automatically activated by the warning alarm device of the National Weather Service. ####
(4)A requirement that— #####
(A)operators of DUKW amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations; #####
(B)before the commencement of waterborne operations, a crew member shall visually check that the seatbelt of each passenger is unbuckled; and #####
(C)operators or crew maintain a log recording the actions described in subparagraphs
(A)and (B). ####
(5)A requirement for annual training for operators and crew of DUKW amphibious passenger vessels, including— #####
(A)training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and #####
(B)training for crew to respond to emergency situations, including flooding, engine compartment fires, man-overboard situations, and in water emergency egress procedures. ###
(c)Consideration In issuing the regulations required under subsection (a), the Commandant shall consider whether personal flotation devices should be required for the duration of the waterborne transit of a DUKW amphibious passenger vessel. ###
(d)Waiver The Commandant may waive the reserve buoyancy requirements described in subsection (b)(1) for a DUKW amphibious passenger vessel if the Commandant certifies in writing, using the best available science, to the appropriate congressional committees that such requirement is not practicable or technically or practically achievable for such vessel. ###
(e)Notice to Passengers A DUKW amphibious passenger vessel that receives a waiver under subsection
(d)shall provide a prominently displayed notice on its website, ticket counter, and each ticket for passengers that the vessel is exempt from meeting Coast Guard safety compliance standards concerning reserve buoyancy. ###
(f)Interim Requirements Prior to issuing final regulations pursuant to subsection
(a)and not later than 180 days after the date of enactment of this Act, the Commandant shall require that operators of DUKW amphibious passenger vessels implement the following requirements: ####
(1)Remove the canopies and any window coverings of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict horizontal or vertical escape by passengers in the event of flooding or sinking. ####
(2)If a canopy and window coverings are removed from any such vessel pursuant to paragraph (1), require that all passengers wear a personal flotation device approved by the Coast Guard before the onset of waterborne operations of such vessel. ####
(3)Reengineer such vessels to permanently close all unnecessary access plugs and reduce all through-hull penetrations to the minimum number and size necessary for operation. ####
(4)Install in such vessels independently powered electric bilge pumps that are capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement an operable Higgins pump or a dewatering pump of equivalent or greater capacity. ####
(5)Install in such vessels not fewer than 4 independently powered bilge alarms. ####
(6)Conduct an in-water inspection of any such vessel after each time a through-hull penetration of such vessel has been removed or uncovered. ####
(7)Verify through an in-water inspection the watertight integrity of any such vessel at the outset of each waterborne departure of such vessel. ####
(8)Install underwater LED lights that activate automatically in an emergency. ####
(9)Otherwise comply with any other provisions of relevant Coast Guard guidance or instructions in the inspection, configuration, and operation of such vessels. ###
(g)Implementation The Commandant shall implement the interim requirements under subsection
(f)without regard to chapters 5 and 6 of title 5, United States Code, and Executive Order Nos. 12866 and 13563 (5 U.S.C. 601 note). ###
(h)Definitions In this section: ####
(1)Appropriate congressional committees The term “appropriate congressional committees” means the Committee Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. ####
(2)DUKW amphibious passenger vessel The term “DUKW amphibious passenger vessel” means a vessel that uses, modifies, or is derived from the GMC DUKW-353 design, and which is operating as a small passenger vessel in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation).
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