[Senate Report 104-66]
[From the U.S. Government Publishing Office]
104th Congress 1st SENATE Report
Session
104-66
_______________________________________________________________________
Calendar No. 88
CERTIFICATE OF DOCUMENTATION FOR THE VESSELS ``IDUN VIKING'', ``LIV
VIKING'', AND ``FREJA VIKING''
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 528
April 18, 1995.--Ordered to be printed
Filed under authority of the order of the Senate of April 6
(legislative day, April 5), 1995
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
One Hundred Fourth Congress
first session
LARRY PRESSLER, South Dakota,
Chairman
BOB PACKWOOD, Oregon
TED STEVENS, Alaska
JOHN McCAIN, Arizona
CONRAD BURNS, Montana
SLADE GORTON, Washington
TRENT LOTT, Mississippi
KAY BAILEY HUTCHISON, Texas
OLYMPIA SNOWE, Maine
ERNEST F. HOLLINGS, South Carolina JOHN ASHCROFT, Missouri
DANIEL K. INOUYE, Hawaii
WENDELL H. FORD, Kentucky
J. JAMES EXON, Nebraska
JOHN D. ROCKEFELLER IV, West Virginia
JOHN F. KERRY, Massachusetts
JOHN B. BREAUX, Louisiana
RICHARD H. BRYAN, Nevada
BYRON L. DORGAN, North Dakota
Patric G. Link, Chief of Staff
Kevin G. Curtin, Democratic Chief
Counsel and Staff Director
Calendar No. 88
104th Congress Report
SENATE
1st Session 104-66
_______________________________________________________________________
CERTIFICATE OF DOCUMENTATION FOR THE VESSELS ``IDUN VIKING'', ``LIV
VIKING'', AND ``FREJA VIKING''
_______
April 18, 1995.--Ordered to be printed
Filed under authority of the order of the Senate of April 6
(legislative day, April 5), 1995
_______________________________________________________________________
Mr. Pressler, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 528]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 528) to authorize the Secretary
of Transportation to issue a certificate of documentation and
coastwise trade endorsement for the vessels Idun Viking, Liv
Viking, and Freja Viking, and for other purposes, having
considered the same, reports favorably thereon and recommends
that the bill do pass.
purpose of the legislation
S. 528, as reported, grants coastwise trading privileges to
the vessels Idun Viking, Liv Viking, and Freja Viking.
background and needs
Subject to certain limited exceptions, the law known as the
Jones Act (section 27 of the Merchant Marine Act of 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 Act are statutorily waived.
The vessels Idun Viking (Danish Registration number A433),
Liv Viking (Danish Registration number A394), and Freja Viking
(Danish Registration number A395) are hovercraft that were
constructed in Denmark in 1984. They were purchased by Wallace
Rinz of Miami, Florida. The vessels' owner intends to use them
for passenger service in Florida.
Because the vessels were foreign built and foreign owned,
the owner has not been able to obtain coastwise trade
privileges for the Idun Viking, Liv Viking, and Freja Viking.
Therefore, he is seeking statutory waivers of the Jones Act for
the vessels. These waivers are contingent on:
(a) all ship repair and alteration work necessary for
these vessels' operation in the U.S. being conducted in
U.S. shipyards;
(b) the owner entering into a binding contract within
6 months of the date of enactment with a U.S. shipyard
to build replacement vessels; and
(c) the replacement vessels being delivered within 3
years of the date of entering into that contract.
legislative history
S. 528 was introduced in the Senate on March 9, 1995, by
Senator Lott. In open executive session on March 23, 1995, the
Committee considered S. 528 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, March 30, 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 March 23, 1995:
S. 84, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
and coastwise trade endorsement for vessel Bagger, and
for other purposes;
S. 172, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
for the vessel L.R. Beattie;
S. 212, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
with appropriate endorsement for employment is the
coastwise trade for the vessel Shamrock V;
S. 213, 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 Endeavour;
S. 278, a bill to authorize a certificate of
documentation for the vessel Serenity;
S. 279, a bill to authorize a certificate of
documentation for the vessel Why Knot;
S. 475, a bill to authorize a certificate of
documentation for the vessel Lady Hawk;
S. 480, 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 Gleam;
S. 482, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
and coastwise trade endorsement for the vessel Emerald
Ayes;
S. 492, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
for the vessel Intrepid;
S. 493, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
for the vessel Consortium;
S. 528, a bill to authorize the Secretary of
Transportation to issue a certificate of documentation
and coastwise trade endorsement for three vessels;
S. 535, a bill to authorize the Secretary of
Transportation to issue a certificates of documentation
with appropriate endorsement for employment in
coastwise trade for each of two vessels named Gallant
Lady, subject to certain conditions, and for other
purposes; and
S. 561, 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 Isabelle, and for other
purposes.
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. 528 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 sections 12106 and 12107 of title 46, U.S.
Code, and section 27 of the Merchant Marine Act, 1920 (46 App.
U.S.C. 883) as applicable on the date of enactment of this Act,
the vessels Idun Viking (Danish Registration number A433), Liv
Viking (Danish Registration number A394), and Freja Viking
(Danish Registration number A395) are eligible to engage in the
coastwise trade and the Secretary of the department in which
the Coast Guard is operating may issue certificates of
documentation for such vessels if:
(a) all ship repair and alteration work necessary for
these vessels' operation in the U.S. is conducted in
U.S. shipyards;
(b) the owner enters into a binding contract within 6
months of the date of enactment with a U.S. shipyard to
build replacement vessels; and
(c) the replacement vessels are to be delivered
within 3 years of the date of entering into that
contract.
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.