[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.

                                
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