[Senate Report 104-211]
[From the U.S. Government Publishing Office]



104th Congress 2d Session        SENATE                 Report
                                                       104-211
_______________________________________________________________________

                                     

                                                       Calendar No. 313



 
       CERTIFICATE OF DOCUMENTATION FOR THE VESSEL ``YES DEAR''

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 680




                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. 313
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-211
_______________________________________________________________________



        CERTIFICATE OF DOCUMENTATION FOR THE VESSEL ``YES DEAR''

                                _______


                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. 680]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 680) ``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 Yes Dear'', having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                          purpose of the bill

    S. 680, as reported, grants coastwise trading privileges to 
the vessel Yes Dear.

                          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 Yes Dear, U.S. official number 578550, is a 53-
foot sailing vessel that was constructed in Hong Kong in 1976. 
It was purchased by Mr. R. Milledge Morris of Beaufort, South 
Carolina in 1976. The vessels owner intends to use it for 
charters out of Charleston, South Carolina.
    Because the vessel was foreign-built, the owner has not 
been able to obtain coastwise trade privileges for the Yes 
Dear. Therefore, he is seeking a statutory waiver of the Jones 
Act and title 46 provisions for the vessel.

                          legislative history

    S. 680 was introduced in the Senate on April 5, 1995, by 
Senator Hollings. In open executive session on July 20, 1995, 
the Committee considered S. 680, 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, December 1, 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 S. 680, a bill to authorize the Secretary of 
Transportation to issue a certificate of documentation and 
coastwise trade endorsement for the vessel Yes Dear. The bill 
was ordered reported by the Senate Committee on Commerce, 
Science, and Transportation on July 20, 1995.
    Enacting S. 680 would have no impact on the federal budget 
or on the budgets of state or local governments. The bill 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,
                                          Paul Van de Water
                                             (For June E. O'Neill).

                      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. 680 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 section 27 of the Merchant Marine Act, 1920 (46 
U.S.C. App. 883), the Act of June 19, 1886 (46 U.S.C. App. 
289), and sections 12106, 12107, and 12108 of title 46, U.S. 
Code, as applicable on the date of enactment of this bill, the 
vessel Yes Dear, U.S. official number 578550, 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.

                                
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