[Senate Report 105-163]
[From the U.S. Government Publishing Office]
Calendar No. 309
105th Congress Report
SENATE
2d Session 105-163
_______________________________________________________________________
DOCUMENTATION OF THE VESSEL OR 766 YE
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1235
February 12, 1998.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fifth congress
second session
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington WENDELL H. FORD, Kentucky
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA SNOWE, Maine JOHN F. KERRY, Massachusetts
JOHN ASHCROFT, Missouri JOHN B. BREAUX, Louisiana
BILL FRIST, Tennessee RICHARD H. BRYAN, Nevada
SPENCER ABRAHAM, Michigan BYRON L. DORGAN, North Dakota
SAM BROWNBACK, Kansas RON WYDEN, Oregon
John Raidt, Staff Director
Ivan A. Schlager, Democratic Chief Counsel and Staff Director
Calendar No. 309
105th Congress Report
SENATE
2d Session 105-163
_______________________________________________________________________
DOCUMENTATION OF THE VESSEL OR 766 YE
_______
February 12, 1998.--Ordered to be printed
_______________________________________________________________________
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1235]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1235) Documentation of the
Vessel OR 766 YE ``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 registered as State of Oregon official number OR
766 YE'', having considered the same, reports favorably thereon
without an amendment and recommends that the bill do pass.
PURPOSE OF THE LEGISLATION
S. 1235, as reported, grants coastwise trading privileges to
the vessel registered as State of Oregon official number OR 766
YE.
BACKGROUND AND NEEDS
Subject to certain limited exceptions, the law known as the
Jones Act (section 27 of the Merchant Marine Acts of 1920),
section 8 of the Act of June 19, 1886, and sections 12106 and
12108 of title 46, United States 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 those Acts are statutorily waived.
The vessel registered as State of Oregon official number OR
766 YE is a 24-foot rigid bottom inflatable boat that was
constructed in Venezuela in 1997. It is owned by Mr. James M.
Tate of Depoe Bay, Oregon. Mr. Tate intends to use the vessel
for whale watching and sightseeing. The vessel would carry no
more than 12 passengers for hire.
Because the vessel was foreign-built, the owner has not been
able to obtain coastwise trade privileges for the vessel
registered as State of Oregon official number OR 766 YE.
Therefore, the owner is seeking a statutory waiver of the
coastwise trade laws for the vessel.
LEGISLATIVE HISTORY
S. 1235 was introduced in the Senate on September 29, 1997,
by Senator Wyden. In open executive session on October 8, 1997,
the Committee considered S. 1235, and ordered the legislation
reported favorably without objection and without amendment.
ESTIMATED COSTS
In accordance with paragraph 11(a) of rule XVI 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, October 22, 1997.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed S. 1235, 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 registered as state of Oregon official number OR
766 YE. The bill was ordered reported by the Senate Committee
on Commerce, Science, and Transportation on October 8, 1997.
CBO estimates that enacting S. 1235 would have no
significant impact on the federal budget. Because the bill
would not affect direct spending or receipts, pay-as-you-go
procedures would not apply. S. 1235 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act of 1995 and would not affect the
budgets of state, local, or tribal governments.
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. 1235 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. Code App. 289), and sections
12102 and 12106 of title 46, U.S. Code, the vessel registered
as State of Oregon official number OR 766 YE is eligible to
engage in the coastwise trade and the Secretary of
Transportation may issue a certificate of documentation with
appropriate endorsement 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.