124 STAT. 2969 PUBLIC LAW 111–281—OCT. 15, 2010 SEC. 610. SAFETY MANAGEMENT. (a) VESSELS TO WHICH REQUIREMENTS APPLY.—Section 3202 of title 46, United States Code, is amended— (1) in subsection (a) by striking the heading and inserting ‘‘FOREIGN VOYAGES AND FOREIGN VESSELS.—’ ’; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; (3) by inserting after subsection (a) the following: ‘‘(b) OTHER PASSENGER VESSELS.—This chapter applies to a vessel that is— ‘‘(1) a passenger vessel or small passenger vessel; and ‘‘(2) is transporting more passengers than a number pre- scribed by the Secretary based on the number of individuals on the vessel that could be killed or injured in a marine cas- ualty.’’; (4) in subsection (d), as so redesignated, by striking ‘‘sub- section (b)’’ and inserting ‘‘subsection (c)’’; and (5) in subsection (d)(4), as so redesignated, by inserting ‘‘that is not described in subsection (b) of this section’’ after ‘‘waters’’. (b) SAFETY MANAGEMENT SYSTEM.—Section 3203 of title 46, United States Code, is amended by adding at the end the following new subsection: ‘‘(c) In prescribing regulations for passenger vessels and small passenger vessels, the Secretary shall consider— ‘‘(1) the characteristics, methods of operation, and nature of the service of these vessels; and ‘‘(2) with respect to vessels that are ferries, the sizes of the ferry systems within which the vessels operate.’’. SEC. 611. PROTECTION AGAINST DISCRIMINATION. (a) IN GENERAL.—Section 2114 of title 46, United States Code, is amended— (1) in subsection (a)(1)(A), by striking ‘‘or’’ after the semi- colon; (2) in subsection (a)(1)(B), by striking the period at the end and inserting a semicolon; (3) by adding at the end of subsection (a)(1) the following new subparagraphs: ‘‘(C) the seaman testified in a proceeding brought to enforce a maritime safety law or regulation prescribed under that law; ‘‘(D) the seaman notified, or attempted to notify, the vessel owner or the Secretary of a work-related personal injury or work-related illness of a seaman; ‘‘(E) the seaman cooperated with a safety investigation by the Secretary or the National Transportation Safety Board; ‘‘(F) the seaman furnished information to the Secretary, the National Transportation Safety Board, or any other public official as to the facts relating to any marine casualty resulting in injury or death to an individual or damage to property occurring in connection with vessel transportation; or ‘‘(G) the seaman accurately reported hours of duty under this part.’’; and (4) by amending subsection (b) to read as follows: ‘‘(b) A seaman alleging discharge or discrimination in violation of subsection (a) of this section, or another person at the seaman’s request, may file a complaint with respect to such allegation in Notification. Regulations.
