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                                                      Calendar No. 665
114th Congress       }                                  {       Report
                                 SENATE
 2d Session          }                                  {      114-372
_______________________________________________________________________

  

 A BILL TO PROVIDE A DEADLINE FOR COMPLIANCE WITH AN ALTERNATE SAFETY 
               COMPLIANCE PROGRAM AND FOR OTHER PURPOSES

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 3088








[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]












               November 15, 2016.--Ordered to be printed
               
                                   ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

69-010                         WASHINGTON : 2016                
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred fourteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 MARCO RUBIO, Florida                 CLAIRE McCASKILL, Missouri
 KELLY AYOTTE, New Hampshire          AMY KLOBUCHAR, Minnesota
 TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
 DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
 JERRY MORAN, Kansas                  ED MARKEY, Massachusetts
 DAN SULLIVAN, Alaska                 CORY BOOKER, New Jersey
 RON JOHNSON, Wisconsin               TOM UDALL, New Mexico
 DEAN HELLER, Nevada                  JOE MANCHIN, West Virginia
 CORY GARDNER, Colorado               GARY PETERS, Michigan
 STEVE DAINES, Montana
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director
                 Clint Odom, Democratic General Counsel























                                                      Calendar No. 665
114th Congress       }                                  {       Report
                                 SENATE
 2d Session          }                                  {      114-372

======================================================================



 
 A BILL TO PROVIDE A DEADLINE FOR COMPLIANCE WITH AN ALTERNATE SAFETY 
               COMPLIANCE PROGRAM AND FOR OTHER PURPOSES

                                _______
                                

               November 15, 2016.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3088]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 3088), to provide a deadline 
for compliance with an alternate safety compliance program and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of S. 3088 is to adjust the deadline for 
compliance with the Coast Guard's Alternative Safety Compliance 
Program, as established in the Coast Guard Reauthorization Act 
of 2010 (Act of 2010).\1\ The legislation would guarantee 
mariners a minimum of 3 years to comply with any new 
regulations and eliminate the mandated compliance deadline of 
January 1, 2020. This legislation would direct the Coast Guard 
to conduct public engagement and coordination with diverse 
fleets prior to the implementation of any new safety 
regulations. Lastly, it would require the Secretary of the 
department in which the Coast Guard is operating, in 
coordination with the National Institute of Occupational Health 
and Safety, to submit a report to Congress on the progress of 
the design and implementation of the Alternative Safety 
Compliance Program.

                          Background and Needs

    The Act of 2010 mandated sweeping changes to fishing vessel 
safety. The development of the commercial fishing vessel 
Alternative Safety Compliance Program was one of those changes. 
This program is intended to provide increased safety to the 
commercial fishing fleet and eliminate the ambiguous 
delineation of when requirements are mandated.\2\ Alternate 
programs can be developed for specific regions and fisheries in 
cooperation with the commercial fishing industry. The statutory 
deadline for the Coast Guard to prescribe the Alternative 
Safety Compliance Program is January 1, 2017.\3\ The current 
deadline for compliance with the new requirements is January 1, 
2020. The Coast Guard released the draft Pacific Area Plan on 
April 14, 2016, and it is unclear when other regional plans 
will be available for discussion or if the final plan will 
resemble the draft plan.
---------------------------------------------------------------------------
    \1\P.L. 111-281
    \2\Update on U.S. Commercial Fishing Industry Vessel Requirements, 
at http://www.uscg.mil/d13/cfvs/ASC/
Update%20on%20CFVS%20Requirements%20-%201Mar2013.pdf.
    \3\Ibid.
---------------------------------------------------------------------------

Safety and enforcement

    Casualty data show that approximately two-thirds of 
commercial fishing vessels lost to flooding result from hull or 
equipment failure; poor maintenance is often a factor. The 
older the vessel, the more likely it is to experience a 
catastrophic event. The Coast Guard does not have authority to 
require inspection of fishing vessels. It does have a voluntary 
fishing vessel exam program, but exams are much less intrusive 
than inspections. For example, exams can confirm compliance 
with safety equipment requirements, but are less likely to 
reveal structural deficiencies. Moreover, except for fish 
processing vessels built after 1990, commercial fishing vessels 
are currently not required to meet construction standards such 
as survey and classification requirements. Thus, there has been 
little authority or ability to enforce construction standards 
and material condition on commercial fishing vessels. Standards 
to ensure a maintained vessel and a stringent application of 
safety standards on older commercial fishing vessels would 
improve the safety of such vessels. While many improvements to 
fishing vessel safety, such as dockside exams, have occurred as 
a result of the Act of 2010, construction and maintenance 
standards have not yet been fully implemented.

Industry concerns

    Recently, there has been some concern by the commercial 
fishing industry that they have not been consulted, as was 
statutorily required, in the development of the Alternative 
Safety Compliance Program. There is further concern that, due 
to the approaching January 1, 2017, deadline for a final 
Alternative Safety Compliance Program, the Coast Guard may use 
a ``one size fits all'' standard for the entire country rather 
than developing regional plans. This legislation seeks to 
mitigate such concerns.\4\
---------------------------------------------------------------------------
    \4\Ibid.
---------------------------------------------------------------------------

                          Summary of Provisions

    If enacted, S. 3088 would do the following:

           Change the mandated implementation deadline 
        date from January 1, 2020, to whichever is later: 
        January 1, 2021, or 3 years after a final rule is 
        released by the Coast Guard.
           Reinforce the requirement that the rules 
        must be developed in cooperation with industry.
           Allow 3 years before any fishing vessels 
        need to comply with any substantial change to the 
        requirements of the Alternative Safety Compliance 
        Program.
           Direct the Coast Guard to improve 
        coordination and outreach.
           Direct the Coast Guard to provide a report 
        to Congress on the progress of the design and 
        implementation of the Alternative Safety Compliance 
        Program.

                          Legislative History

    S. 3088 was introduced on June 23, 2016, by Senator 
Sullivan and cosponsored by Senator Cantwell. A related bill 
was introduced by Representative Hunter (H.R. 5531). H.R. 5531 
would amend the Alternative Safety Compliance Program deadline 
from January 1, 2020, to 3 years after implementation of new 
rules.
    On June 28, 2016, Senator Sullivan offered an amendment in 
the nature of a substitute to S. 3088 to modify the compliance 
deadline to January 1, 2021, or the end of the 3 year period 
beginning on the date the Secretary issues a final rule 
establishing an Alternative Safety Compliance Program, 
whichever is later.
    On June 29, 2016, the Committee met in open Executive 
Session and, by voice vote, reported S. 3088 favorably with an 
amendment (in the nature of a substitute).

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 3088--A bill to provide a deadline for compliance with an alternate 
        safety compliance program and for other purposes

    S. 3088 would delay, for at least three years, the deadline 
for complying with certain safety requirements related to 
commercial fishing vessels. The bill would require the Coast 
Guard, the agency primarily responsible for administering laws 
and regulations related to maritime safety, to improve 
coordination and outreach and complete other administrative 
tasks related to those safety requirements.
    CBO estimates that enacting S. 3088 would have no 
significant effect on the federal budget. Based on information 
from the Coast Guard about the anticipated administrative costs 
of increased outreach efforts and reporting requirements, CBO 
estimates that any increased spending under the bill (which 
would be subject to appropriation) would not exceed $500,000 in 
any year. Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting S. 3088 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    S. 3088 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                           Regulatory Impact

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    S. 3088, as reported, does not create any new programs or 
impose any new regulatory requirements, and therefore would not 
subject any individuals or businesses to new regulations.

                            economic impact

    The legislation is not expected to have a negative impact 
on the Nation's economy.

                                privacy

    The reported bill is not expected to impact the personal 
privacy of individuals.

                               paperwork

    S. 3088 would require the Secretary of the department in 
which the Coast Guard is operating, in coordination with the 
head of the National Institute of Occupational Health and 
Safety, to submit a report to Congress on the design and 
implementation of the Alternative Safety Compliance Program no 
later than June 1, 2018.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Deadline for compliance with Alternative Safety Compliance 
        Program.

    This section would amend existing law to change the 
implementation deadline of the Alternative Safety Compliance 
Program from January 1, 2020, to whichever is later: January 1, 
2021, or 3 years after the date the Coast Guard issues a final 
rule establishing an alternate safety compliance program. This 
section also would grant any vessel to which section 4502(b) of 
title 46, United States Code, applies at least 3 additional 
years to comply with any substantial changes to the Alternative 
Safety Compliance Program.

Section 2. Coordination.

    This section would require the Coast Guard to publish and 
disseminate a standardized plan for coordination, outreach, and 
design of the Alternative Safety Compliance Program within 30 
days of the bill's date of enactment.

Section 3. Public engagement.

    This section would require the Coast Guard to publish a 
memorandum for the public and the fishing, shipbuilding, and 
maritime industries that includes guidance, timelines, and 
opportunities for public engagement concerning the Alternative 
Safety Compliance Program within 30 days of the bill's date of 
enactment.

Section 4. Report to Congress.

    This section would direct the Secretary of the department 
in which the Coast Guard is operating, in coordination with the 
head of the National Institute of Occupational Health and 
Safety, to submit a report by June 1, 2018, on the progress of 
the design and implementation of the Alternative Safety 
Compliance Program. This report would be in cooperation with 
the National Institute of Occupational Health and Safety and 
would cover the following:

           Meeting summaries and specific details of 
        meetings.
           All documents provided to the public.
           Drafts of plans and annexes.
           A prioritized list of high risk fisheries 
        being considered for additional safety requirements.
           A list of fleets under annexes and rationale 
        for inclusion.
           A summary of outreach to experts involved in 
        the design of the program.
           References for data and analyses used.
           A summary of appropriations used and still 
        needed to complete the program under the deadline.


                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                           TITLE 46. SHIPPING


                     SUBTITLE II. VESSELS AND SEAMEN

              PART B. INSPECTION AND REGULATION OF VESSELS

       CHAPTER 45. UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

Sec. 4503. Fishing, fish tender, and fish processing vessel 
                    certification

           *       *       *       *       *       *       *


  (d)
          [(1) After January 1, 2020, a fishing vessel, fish 
        processing vessel, or fish tender vessel to which 
        section 4502(b) of this title applies shall comply with 
        an alternate safety compliance program that is 
        developed in cooperation with the commercial fishing 
        industry and prescribed by the Secretary, if the 
        vessel--
                  [(A) is at least 50 feet overall in length;
                  [(B) is built before July 1, 2013; and
                  [(C) is 25 years of age or older.
          [(2) A fishing vessel, fish processing vessel, or 
        fish tender vessel built before July 1, 2013, that 
        undergoes a major conversion completed after the later 
        of July 1, 2013, or the date the Secretary establishes 
        standards for an alternate safety compliance program, 
        shall comply with such an alternative safety compliance 
        program that is developed in cooperation with the 
        commercial fishing industry and prescribed by the 
        Secretary.
          [(3) Alternative safety compliance programs may be 
        developed for purposes of paragraph (1) for specific 
        regions and fisheries.]
  (1) After the later of January 1, 2021, or the end of the 3-
year period beginning on the date the Secretary issues a final 
rule establishing an alternate safety compliance program 
developed in cooperation with the commercial fishing industry 
for fishing vessels, fish processing vessels, or fish tender 
vessels to which section 4502(b) of this title applies, such a 
vessel shall comply with such program, if the vessel--
  (A) is at least 50 feet in registered length;
  (B) is built before July 1, 2012; and
  (C) is 25 years of age or older.
  (2) A fishing vessel, fish processing vessel, or fish tender 
vessel built before July 1, 2012 that undergoes a major 
conversion completed after the later of July 1, 2012, or the 
date the Secretary establishes standards for an alternate 
safety compliance program, shall comply with such an 
alternative safety compliance program that is developed in 
cooperation with the commercial fishing industry and prescribed 
by the Secretary.
  (3) If, after such alternate safety compliance program, the 
addition of annexes thereto or changes to such annexes, is 
established, there are substantial changes to the requirements 
of the alternate safety compliance program, the Secretary shall 
provide at least three years for fishing vessels, fish 
processing vessels, or fish tender vessels to which section 
4502(b) of this title applies to comply with such changes.
  (4) Alternative safety compliance programs shall be developed 
for purposes of paragraph (1) for specific regions and 
fisheries
  (5) Nothing in this section may be construed to supersede any 
existing alternate safety compliance programs in effect on the 
date of the enactment of this paragraph.
          [(4)](6) Notwithstanding paragraph (1), vessels owned 
        by a person that owns more than 30 vessels subject to 
        that paragraph are not required to meet the alternate 
        safety compliance requirements of that paragraph until 
        January 1, 2030, if that owner enters into a compliance 
        agreement with the Secretary that provides for a fixed 
        schedule for all of the vessels owned by that person to 
        meet requirements of that paragraph by that date and 
        the vessel owner is meeting that schedule.
          [(5)](7) A fishing vessel, fish processing vessel, or 
        fish tender vessel to which section 4502(b) of this 
        title applies that was classed before July 1, 2012, 
        shall--
                  (A) remain subject to the requirements of a 
                classification society approved by the 
                Secretary; and
                  (B) have on board a certificate from that 
                society.

           *       *       *       *       *       *       *


                                  [all]