[Senate Report 104-218]
[From the U.S. Government Publishing Office]



104th Congress 2d Session        SENATE                 Report
                                                       104-218
_______________________________________________________________________

                                     

                                                       Calendar No. 320


 
     CERTIFICATE OF DOCUMENTATION FOR THE VESSEL ``WOLF GANG II''

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 889




                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. 320
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-218
_______________________________________________________________________


      CERTIFICATE OF DOCUMENTATION FOR THE VESSEL ``WOLF GANG II''

                                _______


                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. 889]

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

                          Purpose of the Bill

    S. 889, as reported, grants coastwise trading privileges to 
the vessel Wolf Gang II.

                          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 Wolf Gang II, U.S. official number 984934, is a 
45-foot motor yacht that was constructed in Arlington, 
Washington in 1985. It was purchased by Mr. Raymond A. Orr of 
Shelton, Washington in 1992. The vessel's owner intends to use 
it for charters out of Puget Sound.
    Because the vessel was previously foreign-owned, the owner 
has not been able to obtain coastwise trade and fisheries 
privileges for the Wolf Gang II. Therefore, he is seeking a 
statutory waiver of the Jones Act and title 46 provisions for 
the vessel.

                          legislative history

    S. 889 was introduced in the Senate on May 16, 1995, by 
Senator Breaux. In open executive session on July 20, 1995, the 
Committee considered S. 889, 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. 889 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), section 8 of the Act of June 19, 1886 (24 
Stat. 81. chapter 421; 46 U.S.C. App. 289), and section 12106 
of title 46, U.S. Code, as applicable on the date of enactment 
of this bill, the vessel Wolf Gang II, U.S. official number 
984934, 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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