[Senate Report 104-226]
[From the U.S. Government Publishing Office]
104th Congress 2d Session SENATE Report
104-226
_______________________________________________________________________
Calendar No. 328
CERTIFICATE OF DOCUMENTATION FOR THE
VESSELS ``ENCHANTED ISLES'' AND ``ENCHANTED SEAS''
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1047
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
Calendar No. 328
104th Congress Report
SENATE
2d Session 104-226
_______________________________________________________________________
CERTIFICATE OF DOCUMENTATION FOR THE VESSELS ``ENCHANTED ISLES'' AND
``ENCHANTED SEAS''
_______
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. 1047]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1047) ``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 vessels Enchanted Isles and
Enchanted Seas'', having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
purpose of the bill
S. 1047, as reported, grants coastwise trading privileges
to the vessels Enchanted Isles and Enchanted Seas.
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 vessels Enchanted Isles and Enchanted Seas, Panamanian
official numbers 14087-84B and 14064-84D, respectively, are
617-foot passenger vessels that were constructed in Pascagoula,
Mississippi in 1959 and 1958, respectively. They were purchased
by New Commodore Holdings, Ltd. and New Commodore Cruise Lines,
Inc. The vessels' owner intends to use them for foreign and
domestic passenger cruises out of U.S. east and gulf coast
ports.
Because the vessels' were foreign-registered, the owner has
not been able to obtain coastwise trade privileges for the
Enchanged Isles and Enchanted Seas. Therefore, the owner is
seeking a statutory waiver of the Jones Act and title 46
provisions for the vessels.
legislative history
S. 1047 was introduced in the Senate on July 18, 1995, by
Senator Stevens and Senator Hollings. In open executive session
on July 20, 1995, the Committee considered S. 1047, 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 Enchanged 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. 1047 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), section 12106 of title 46, U.S. Code, section 506 of the
Merchant Marine Act 1936, and any agreement with the U.S.
Government, as applicable on the date of enactment of this
bill, the vessels Enchanted Isles and Enchanted Seas,
Panamanian official numbers 14087-84B and 14064-84D,
respectively, are eligible to engage in the coastwise trade and
the Secretary of Transportation may issue certificates of
documentation for such vessels. However, the two vessels are
not permitted to operate between or among islands in the State
of Hawaii.
changes in existing law
In compliance with paragraph 12 of Rule XXVI of the
Standing Rules of the Senate, the Committee states the bill as
reported would make no change to existing law.