[Senate Report 104-307]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 482
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-307
_______________________________________________________________________


 
        CERTIFICATE OF DOCUMENTATION FOR THE VESSEL ``TOP GUN''

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1828




                 June 27, 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
RON WYDEN, Oregon                    SPENCER ABRAHAM, Michigan
  Patric G. Link, Chief of Staff
Kevin G. Curtin, Democratic Chief 
    Counsel and Staff Director


                                                       Calendar No. 482
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-307
_______________________________________________________________________


        CERTIFICATE OF DOCUMENTATION FOR THE VESSEL ``TOP GUN''

                                _______
                                

                 June 27, 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. 1828]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1828) ``A Bill to authorize the 
Secretary of Transportation to issue a certificate of 
documentation and coastwise trade endorsement for the vessel 
Top Gun'', having considered the same, reports favorably 
thereon and recommends that the bill do pass.

                          purpose of the bill

    S. 1828, as reported, grants coastwise trading privileges 
to the vessel Top Gun.

                          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 title 46 are 
statutorily waived.
    The vessel Top Gun, U.S. official number 623642, is a 46-
foot motor yacht that was constructed in Mays Landing, New 
Jersey, in 1980. It was purchased by Mr. Billy R. Smith and Ms. 
Amelia I. Smith of Orange Beach, Alabama in 1995. The vessel's 
owners intend to use it for charters out of Alabama.
    Because the vessel was previously foreign-owned and 
foreign-registered, the owners have not been able to obtain 
coastwise trade privileges for the Top Gun. Therefore, they are 
seeking a statutory waiver of the Jones Act and title 46 for 
the vessel.

                          legislative history

    S. 1828 was introduced in the Senate on June 4, 1996, by 
Senator Heflin. In open executive session on June 6, 1996, the 
Committee considered S. 1828, 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, June 14, 1996.
Hon. Larry Pressler,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed several bills, which were ordered reported by the 
Senate Committee on Commerce, Science, and Transportation on 
June 6, 1996. Enacting these bills would have no impact of the 
federal budget. The bills do not contain intergovernmental or 
private-sector mandates as defined in Public Law 104-4, and 
would not impose direct costs on state, local or tribal 
governments. The bills would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
The bill reviewed are:
          S. 1648, 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 Herco Tyme;
          S. 1682, 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 Liberty, and for other 
        purposes;
          S. 1825, 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 Halcyon;
          S. 1826, 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 Courier Service; and
          S. 1828, 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 Top Gun, and for other 
        purposes.
    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. 1828 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 
App. U.S.C. 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 Act, the vessel Top Gun, U.S. official number 623642, 
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 the bill as 
reported would make no change to existing law.

                                
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