[Senate Report 104-208]
[From the U.S. Government Publishing Office]
104th Congress 2d Session SENATE Report
104-208
_______________________________________________________________________
Calendar No. 310
CERTIFICATE OF DOCUMENTATION FOR THE VESSEL ``SUNRISE''
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 654
January 26, 1996.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourth congress
second session
LARRY PRESSLER, South Dakota,
Chairman
ERNEST F. HOLLINGS, South Carolina TED STEVENS, Alaska
DANIEL K. INOUYE, Hawaii JOHN McCAIN, Arizona
WENDELL H. FORD, Kentucky CONRAD BURNS, Montana
J. JAMES EXON, Nebraska SLADE GORTON, Washington
JOHN D. ROCKEFELLER IV, West VirginiaTRENT LOTT, Mississippi
JOHN F. KERRY, Massachusetts KAY BAILEY HUTCHISON, Texas
JOHN B. BREAUX, Louisiana OLYMPIA J. SNOWE, Maine
RICHARD H. BRYAN, Nevada JOHN ASHCROFT, Missouri
BYRON L. DORGAN, North Dakota BILL FRIST, Tennessee
Patric G. Link, Chief of Staff
Kevin G. Curtin, Democratic Chief
Counsel and Staff Director
(ii)
Calendar No. 310
104th Congress Report
SENATE
2d Session 104-208
_______________________________________________________________________
CERTIFICATE OF DOCUMENTATION FOR THE VESSEL ``SUNRISE''
_______
January 26, 1996.--Ordered to be printed
_______________________________________________________________________
Mr. Pressler, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 654]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill joint resolution deg. (S.
654) TITLE deg. ``A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with the
appropriate endorsement for employment in the coastwise trade
for the vessel Sunrise, having considered the same, reports
favorably thereon without with deg. amendment and
recommends that the bill joint resolution deg. do
pass.
purpose of the bill
S. 654, as reported, grants coastwise trading privileges to
the vessel Sunrise.
background and needs
Subject to certain limited exceptions, the law known as the
Jones Act (section 27 of the Merchant Marine Act, 1920) and
sections 12106 through 12108 of title 46, U.S. Code, provide
that only those vessels built in the United States,
continuously documented under the laws of the United States and
continuously owned by U.S. citizens may transport merchandise
or passengers in the coastwise trade, or engage in the
fisheries, of the United States.
Where the facts applicable to a particular vessel suggest the
U.S.-built or U.S.-owned requirements have not been satisfied,
the Coast Guard may not issue a document granting coastwise
trading or fisheries privileges for that vessel unless the
requirements of the Jones Act and the title 46 provisions are
statutorily waived.
The vessel Sunrise, U.S. official number 950381, is a 36-foot
catamaran sailing vessel that was constructed in England in
1989. It was purchased by Mr. David J. Darby and Mrs. Lois B.
Darby of Charlestown, Massachusetts. The vessel's owners intend
to use it for charters out of Boston, Massachusetts.
Because the vessel was foreign-built, the owners have not
been able to obtain coastwise trade privileges for the Sunrise.
Therefore, they are seeking a statutory waiver of the Jones Act
and the title 46 provisions for the vessel.
legislative history
S. 654 was introduced in the Senate on March 30, 1995, by
Senator Kerry. In open executive session on July 20, 1995, the
Committee considered S. 654, and ordered the legislation
reported favorably without objection and without amendment.
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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 2, 1995.
Hon. Larry Pressler,
Chairman, Committee on Commerce, Science, and Transportation, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed the following bills, which were ordered reported by
the Senate Committee on Commerce, Science, and Transportation
on July 20, 1995:
S. 583, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
and coastwise trade endorsement for two vessels;
S. 653, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
with the appropriate endorsement for employment in the
coastwise trade for the vessel Aura;
S. 654, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
with the appropriate endorsement for employment in the
coastwise trade for the vessel Sunrise;
S. 655, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
with the appropriate endorsement for employment in the
coastwise trade for the vessel Marantha;
S. 656, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
with the appropriate endorsement for employment in the
coastwise trade for the vessel Quietly;
S. 739, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
with appropriate endorsement for employment in the
coastwise trade for the vessel Sisu, and for other
purposes;
S. 763, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
and coastwise trade endorsement for the vessel Evening
Star, and for other purposes;
S. 802, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
and coastwise trade endorsement for the vessel Royal
Affaire;
S. 808, a bill to extend the deadline for the
conversion of the vessel MV Twin Drill, and for other
purposes;
S. 826, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
and with appropriate endorsement for employment in the
coastwise trade for the vessel Prime Time, and for
other purposes;
S. 869, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
with appropriate endorsement for employment in the
coastwise trade for the vessel Dragonessa, and for
other purposes;
S. 889, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
with appropriate endorsement for employment in the
coastwise trade for the vessel Wolf Gang II, and for
other purposes;
S. 911, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
with appropriate endorsement for employment in the
coastwise trade for the vessel Sea Mistress;
S. 975, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
with appropriate endorsement for employment in the
coastwise trade for the vessel Jajo, and for other
purposes;
S. 1016, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
with appropriate endorsement for employment in the
coastwise trade for the vessel Magic Carpet;
S. 1017, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
with appropriate endorsement for employment in the
coastwise trade for the vessel Chrissy;
S. 1040, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
with appropriate endorsement for employment in the
coastwise trade for the vessel Onrust;
S. 1041, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
with appropriate endorsement for employment in the
coastwise trade for the vessel Explorer;
S. 1046, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
and with appropriate endorsements for employment in the
coastwise trade of the United States for fourteen
former United States hovercraft; and
S. 1047, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
for employment and coastwise trade endorsements for the
vessels Enchanted Isles and Enchanted Seas.
Enactment of these bills would have no impact on the
federal budget or on those of state or local governments. The
bills would not affect direct spending or receipts; therefore,
pay-as-you-go procedures would not apply.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
June E. O'Neill, Director.
Regulatory Impact Statement
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.
Because S. 654 does not create any new programs, the
legislation will have no additional regulatory impact, and will
result in no additional reporting requirements. The legislation
will have no further effect on the number or types of
individuals and businesses regulated, the economic impact of
such regulation, the personal privacy of affected individuals,
or the paperwork required from such individuals and businesses.
Section-by-Section Analysis
The bill consists of one section. It provides that,
notwithstanding sections 12106, 12107, and 12108 of title 46,
U.S. Code, and section 27 of the Merchant Marine Act, 1920 (46
U.S.C. App. 883), as applicable on the date of enactment of
this bill, the vessel Sunrise, U.S. official number 950381, is
eligible to engage in the coastwise trade and the Secretary of
Transportation may issue a certificate of documentation for
such vessel.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, the Committee states that the bill as
reported would make no change to existing law.