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Delta Queen Permanent Expemption Request_Safety at SeaTHE CITY OF Dubuque '' ~_ ~ DUB E ~' ~t~~ Masterpiece vn the Mississippi a =-. =` ~L r , ZQ07 TO: The Honorable Mayor and City Council Members . FROM: Michael C. Van Milligen, City Manager SUBJECT: Delta Queen: Exemption from Safety of Life at Sea Regulations DATE: December 13, 2007 Planning Services Manager Laura Carstens is recommending approval of a resolution in support of continuing to exempt the historic Delta Queen steamboat from the Federal Safety of Life at Sea Regulations. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manage Laura Carstens, Planning Services Manager TO: Michael C. Van Milligen, City Manager Q~ FROM: Laura Carstens, Planning Services Manager ~iU `" SUBJECT: Delta Queen: Exemption from Safety of Life at Sea Regulations DATE: December 11, 2007 INTRODUCTION This memorandum transmits for City Council review and approval, a resolution in support of continuing to exempt the historic Delta Queen steamboat from the federal Safety of Life at Sea regulations. This request was made to the City Council by David Tschiggfire, a member of the Board of Directors for the National Rivers Hall of Fame (see enclosure). BACKGROUND The Delta Queen is an American sternwheel steamboat with a capacity of 200 passengers. According to a Majestic America Line press release, the historic Delta Queen has been denied a renewal of her exemption from Safety of Life at Sea (BOLAS) regulations by the U.S. Congress. This means the Delta Queen will not be allowed to serve as an overnight passenger vessel after the actual exemption from the law expires in November 2008. This most likely will be the end of this historic vessel, a National Historic Landmark, built more than 80 years ago. According to the National Mississippi River Museum and Aquarium, Senator John C. Culver was instrumental in preserving the Delta Queen. The 1966 Safety at Sea Law threatened to force the Delta Queen out of service because it required all-steel structures. Senator Culver led the successful effort to secure a federal exemption for the Delta Queen. According to the "Save the Delta Queen" campaign: "Although the Delta Queen has a beautiful superstructure styled and crafted by American craftsmen featuring Oak, Mahogany, Cedar, Teak woods, and extremely rare Siamese Ironbark, she also has 2 complete all steel hulls under her. To gain exemptions from this law in the past previous owners have spent countless hundreds of thousands of dollars adding fire retardant coatings to the decks, NASA developed intumescent paints and coatings for the bulkheads (walls) and ceilings (which are designed to slow down the progress of fire), sprinkler systems, sophisticated electronic monitoring systems, crew training in fire fighting and suppression." Safety at Sea Act (P.L. 89-777) What affects Delta Queen is the Safety at Sea Act (P.L. 89-777). Safety of Life at Sea (BOLAS) states that passenger vessels "having berth or stateroom accommodations for 50 or more passengers" have to be compliant with the BOLAS regulations of 1960 and some amendments. Since 1971, the Delta Queen has operated with a presidential exemption to BOLAS prohibiting the operation of overnight passenger vessels with wooden superstructures. Delta Queen: Exemption from Safety of Life at Sea Regulations Page 2 National Historic Landmark: Statement of Significance The National park Service has a National Historic Landmark Study for the Delta Queen. Thei study states: "The sternwheel river steamboat Delta Queen, an operating vessel on the Western Rivers, is one of only two sternwheel river passenger boats operating under steam and is the sole remaining Western Rivers overnight passenger boat. Such boats were the epitome of service on the rivers they served and were well known among river people. Delta Queen was built to operate on the Sacramento River in California. In later years she served as a yard ferryboat for the U.S. Navy in the Second World War, and made a hazardous voyage under tow from California, through the Panama Canal, to the Mississippi where she was reconditioned for work on the Western Rivers system. Today Delta Queen is the best known riverboat on the Western Rivers. She carries passengers on nearly the entire Western Rivers system and serves as a reminder of the time when steamboats carried the people and supplies that opened the West." Current Duty The Delta Queen is now operated by Majestic America Line. The company also operates the American Queen and the Mississippi Queen. These are modern steamboats designed alsong the lines of the Delta Queen, but carrying approximately 400 passengers. The Delta Queen cruises the Mississippi River and its tributaries on a regular schedule, with cruises from New Orleans to Memphis, St. Louis to St. Paul (with a stop in Dubuque), Cincinannati to Pitsburgh, and others. On August 1, 2007, Majestic America Line announced that the Delta Queen would cease operations permanently at the end of the 2008 season. Resolutions in Support Rep. Steven Chabot [R, OH] is the sponsor of H.R. 3852: To amend title 46, United States Code, to extend the exemption from the fire-retardant materials construction requirement for vessels operating within the Boundary Line. According to www.steamboats.com, Resolutions to save the Delta Queen have been issued by: Borough of Sewickley, PA; Boyd County, KY; Bridgeport, AL; Chattanooga, TN (Chamber of Commerce); Clarksville, IN; Corydon, IN; Gallipolis, OH; Grandview, IN; Hastings, MN; Heritage Ohio (National Trust affiliate); Howard Steamboat Museum; Keokuk, IA; Lockland, OH; Louisville, KY; Marietta, OH; New Albany, IN; Point Pleasant, WV; Red Wing, MN. RECOMMENDATION I recommend that the City Council approve the enclosed resolution to continue to exempt the Delta Queen from SOLAS, and to request that our Federal Legislators support H.R. 3852. Enclosures cc Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager 2723 Shetland Court Dubuque, Iowa 52001 September 30, 2007 c v Dubuque City Council ~ ~; o cry Han 13th and Central ~ ~ ~ ,- ,~, ~~ Dubuque,lowa 52001 ~ p - a rn ~ .^_ ~ C[1 N to Dear Dubuque City Coundl: The city of Dubuque has a kmg and rich history which is ~ connected to the Mississippi River. This river, its people,. and the boats which have plied these wafters have played a vital part iri the devebpment of Dubuque over the years, and they will continue to do so into the future. Unfortunately, a vital link in this river c~nnedion is being threatened with exxtinction in November 2008. The Delta Queen, America's last classic, authentic overnight passenger stemwheel steamboat, which has operated safely and suocessfijlly for eighty years on rivers in America's heartland and on rivers in Cal'ifomia, wtll be required to Deese operation when her current exemption from the 1966 Safety at Sea Law exprces next year. This law contains provisions, originally drafted for American vessels carrying fifty or more ovemight passengers, to be of fireproof construction throughout, a law which was designed for oceangoing vessels, and which unknowingly caught the Delta Queen simply because she was the sole overnight passenger vessel remaining on America's rivers. Recognizing. the unique nature of both the boat and her operation, Congress authorized exemptions for the Delta Queen from the provisions of that law, in part due to the groundswell of public support for the boat bads in 1970. This historic vessel, one-0f-a-kind, and a national treasure, has been operating under Congressional extensions since that time. The currerrt Congress, however, seems inclined to grant no future extensions. tt should be emphasized here that the vessel has been renovated and updated over those years to make her as safe as it is possible to make her while maintaining her traditional design. Akhough she has a double steel hull, her upper decks are crafted of oak, cedar, teak, and mahogany. Contrary to the opinion of some uninformed observers however, the boat is rat a "firetrap", but has been updated with safi~guards, equipment, special coatings, and on-going crew training and inspection by government officials. To outlaw the operation of this historic, living link to the great steamboats which helped settle this part of our nation and your city, would be an irreparable bss. As a result, concerned citizens and friends of the Delta Queen are once more asking for help in the boat's hour of need. Attadied is a resolution which we submit for your consideration, endorsement and forwarding to the Congressional delegation from s Page 2 September 30, 2007 Iowa. Once this vessel is gone, we will not see her likes again. And so we must act while time yet remains to forestall this loss of a priceless piece of our river legacy. Thank you for your consideration and support, not only on behalf of this generation of Americans who live abng the banks ~ this great river, but for future generations as well. If you have any questions, please feel free to oontad me, or visit the website at www.steamboats.orp for additional information. Sinoerety, David Tschiggfrie (tschigd@mchsi.com) Endosure (1) Prepared by: Laura Carstens. Citv Planner Address: Citv Hall.. 50 W. 13th St Telephone: 589-4210 Retum to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121 RESOLUTION NO. 600 - 07 RESOLUTION OF THE CITY COUNCIL OF DUBUQUE, IGWA UR~iiVG CONGRESS TO PROVIDE FOR THE PERMANENT EXEMPTION OF THE STEAMER DELTA QUEEN FROM THE PROVISIONS OF THE SAFETY OF LIFE AT SEA ACT OF 1966 Whereas, the Delta Queen is a living connection to the culture and history of the Mississippi River and all of its tributaries; and Whereas, this steamboat is a national treasure listed in the National Register of Historic Places and designated a National Historic Landmark; and Whereas, the vessel is an original and the last of her kind, the culmination of the art of steamboat craftsmen, an authentic sternwheel overnight passenger steamboat like those that helped foster the growth and settlement of our nation; and Whereas, the Delta Queen has operated safely for eighty years (the last thirty seven of those under extensions previously granted by Congress) and has been updated with fire detention and suppression equipment in addition to her extensive sprinkler system in all public and passenger spaces, has had all her wooden surfaces coated throughout with NASA-developed fire-resistant paint, is patrolled. every twenty minutes at night be fire watchmen, has a crew trained and drilled regularly in emergency evacuation procedures, and is regularly inspected each year by the United States Coast Guard; and Whereas, the Safety at Sea Act was written to apply to ocean-going vessels whose routes are remote from land and from other vessels, while the Delta Queen can be safely landed within minutes over the entire route she traverses; and Whereas, the steamboat contributes to the economy of the river communities where she is based and where she makes shore stops through the goods and services purchased by her passengers and crew, by the company which owns the vessel, and by f. the third party businesses which provide the boat and her passengers with amenities and services; and Whereas, our nation would suffer an irreparable loss if her operation were suspended, thereby depriving. the traveling public the opportunity to enjoy this uniquely American river steamboat experience in current and future generations; and Whereas, the very existence of the Delta Queen is now threatened with the expiration of her exemption from the Safety at Sea Act in November 2008; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA encourage the Congress of the United States to act with all due haste and foresight to provide for the permanent exemption of this magnificent and historic vessel from the provisions of the Safety at Sea Act. The City Clerk shall arrange for copies of this resolution to be provided to all members of the Iowa Congressional Delegation. Passed, approved and adopted this 17th day of December 2007. Roy D. Boul, Mayor Attest: Jeanne F. Schneider, City Clerk