[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.

                                
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