,,ii #aagth ,,congress #ast ,session ,s4 #bhje ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bb 7legislative day1 ,september #ba71 #bjba,mr4 ,schumer 7for ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to revise laws regarding liability in certain civil actions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,small ,passenger ,vessel ,liability ,fairness ,act of #bjba4 #b4 ,exoneration and limitation of liability for small passengers vessels 7a7 ,restructuring ,chapter #cje of title #df1 ,united ,states ,code1 is amended-- 7#a7 by inserting the following before section #cjeja3 ,i ,general provisions 2 7#b7 by inserting the following before section #cjejc3 ,,ii ,exoneration and limitation of liability generally 2 and 7#c7 by redesignating sections #cjejc through #cjeab as sections #cjeba through #cjecj1 respectively4 7b7 ,definitions ,section #cjeja of title #df1 ,united ,states ,code1 is amended to read as follows3 #cjeja4 ,definitions ,in this chapter-- 7#a7 the term owner includes a charterer that mans1 supplies1 and navigates a vessel at the charterer's own expense or by the charterer's own procurement2 and 7#b7 the term covered small passenger vessel-- 7,a7 means a small passenger vessel1 as defined in section #baja of this title1 that-- 7i7 is less than #ajj gross tons as measured under section #adejb of this title1 or an alternate tonnage measured under section #adcjb of this title as prescribed by the ,secretary under section #adajd of this title2 and 7ii7 is carrying-- 7,i7 for overnight domestic voyages1 not more #di passengers2 and 7,,ii7 for all other voyages1 not more than #aej passengers2 and 7,b7 includes any wooden vessel constructed prior to ,march #aa1 #aiif1 that carries passengers on overnight domestic voyages4 4 7c7 ,applicability 7#a7 ,in general ,section #cjejb of title #df1 ,united ,states ,code1 is amended to read as follows3 #cjejb4 ,application 7a7 ,in general ,except as otherwise provided and subject to subsection 7b7-- 7#a7 subchapter ,,ii 7except section #cjeba7 of this title shall apply to seagoing vessels and vessels used on lakes or rivers or in inland navigation1 including canal boats1 barges1 and lighters that are not covered small passenger vessels2 and 7#b7 subchapter ,,iii of this title shall apply to seagoing vessels1 and vessels used on lakes or rivers or in inland navigation1 including canal boats1 barges1 and lighters1 that are covered small passenger vessels4 7b7 ,declaration of nature and value of goods ,section #cjeba of this title shall not apply to vessels described in subsection 7a7 of this section4 4 7d7 ,rules for small passenger vessels ,chapter #cje of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 ,,iii ,exoneration and limitation of liability for covered small passenger vessels #cjeda4 ,exoneration and limitation of liability provisions 7a7 ,in general ,by not later than #ahj days after the date of enactment of the ,small ,passenger ,vessel ,liability ,fairness ,act of #bjba1 the ,commandant shall promulgate rules relating to exoneration and limitation of liability for all covered small passenger vessels that-- 7#a7 provide just compensation in any claim for which the owner or operator of a covered small passenger vessel is found liable2 and 7#b7 comply with the requirements of subsection 7b7 of this section4 7b7 ,requirements 7#a7 ,privity or knowledge ,in a claim for personal injury or death to which this subchapter applies1 the privity or knowledge of the master or the owner's superintendent or managing agent1 at or before the beginning of each voyage1 is imputed to the owner4 7#b7 ,apportionment of losses ,the requirements of section #cjebe of this title shall apply to a covered small passenger vessel in the same manner as such section applies to a vessel described in section #cjejb7;a77#a74 7#c7 ,timing considerations ,the requirements of subsections 7b7 through 7d7 of section #cjebf of this title shall apply to a covered small passenger vessel in the same manner as the requirements apply to a vessel subject to such section4 7c7 ,applicability ,the rules promulgated under subsection 7a7 shall take effect as if promulgated on the effective date of the ,small ,passenger ,vessel ,liability ,fairness ,act of #bjba4 4 7e7 ,tables of subchapters and tables of sections ,the table of sections for chapter #cje of title #df1 ,united ,states ,code1 is amended-- 7#a7 by inserting before section #cjeja the following3 ,,subchapter ,i--,general provisions 2 7#b7 by inserting after section #cjejb the following3 ,,subchapter ,,ii--,exoneration and limitation of liability 2 7#c7 by redesignating the items relating to sections #cjejc through #cjeab as items relating to sections #cjeba through #cjecj1 respectively2 and 7#d7 by adding at the end the following3 ,,subchapter ,,iii--,exoneration and limitation of liability for covered small passenger vessels ,sec4 #cjeda4 ,exoneration and limitation of liability provisions4 4 7f7 ,conforming amendments ,title #df1 ,united ,states ,code1 is further amended-- 7#a7 in section #adcje7;a77#e71 by striking section #cjejf and inserting section #cjebd2 7#b7 in section #cjebc7;a71 as redesignated by subsection 7a7 of this section1 by striking section #cjejf and inserting section #cjebd2 7#c7 in section #cjebd7;b71 as redesignated by subsection 7a7 of this section1 by striking section #cjeje and inserting section #cjebc2 and 7#d7 in section #cjebe-- 7,a7 by striking section #cjeje and section #cjebc2 7,b7 by striking section #cjejf and inserting section #cjebd2 and 7,c7 by striking section #cjejf7;b7 and inserting section #cjebd7;b74 #c4 ,effective date2 severability 7a7 ,effective date ,this ,act1 and the amendments made by this ,act1 shall take effect as if enacted into law on ,september #b1 #bjai4 7b7 ,severability ,if any provision of this ,act or an amendment made by this ,act1 or any application of such provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 the amendments made by this ,act1 and the application of this ,act and the amendments made by this ,act to any other person or circumstance shall not be affected4