[Senate Report 105-316]
[From the U.S. Government Publishing Office]
Calendar No. 555
105th Congress Report
SENATE
2d Session 105-316
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FOILCAT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2096
September 9, 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 Virginia
KAY BAILEY HUTCHISON, Texas JOHN F. KERRY, Massachusetts
OLYMPIA SNOWE, Maine JOHN B. BREAUX, Louisiana
JOHN ASHCROFT, Missouri RICHARD H. BRYAN, Nevada
BILL FRIST, Tennessee BYRON L. DORGAN, North Dakota
SPENCER ABRAHAM, Michigan RON WYDEN, Oregon
SAM BROWNBACK, Kansas
John Raidt, Staff Director
Mark Buse, Policy Director
Martha P. Allbright, General Counsel
Ivan A. Schlager, Democratic Chief
Counsel and Staff Director
James S. W. Drewry, Democratic General Counsel
Calendar No. 555
105th Congress Report
SENATE
2d Session 105-316
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FOILCAT
_______
September 9, 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. 2096]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2096) ``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 FOILCAT'', having considered
the same, reports favorably thereon with an amendment and
recommends the bill as amended do pass.
purpose of the bill
S. 2096, as reported, grants coastwise trading privileges to
the vessel FOILCAT.
background and needs
Subject to certain limited exceptions, the law known as the
Jones Act (section 27 of the Merchant Marine Act, 1920),
section 8 of the Act of June 19, 1886, and sections 12106 and
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 those Acts are statutorily waived.
The vessel FOILCAT, United States official number 1063892, is
an 82-foot hydrofoil ferry that was constructed in Norway in
1992. It is owned by Mr. Steven Loui of Honolulu, Hawaii. The
owner intends to use the vessel for ferry service in Hawaii.
Because the vessel is foreign-built, the owner has not been
able to obtain coastwise trade privileges for it. Therefore,
the owner is seeking a statutory waiver of the Jones Act and
other laws for the vessel.
legislative history
S. 2096 was introduced in the Senate on May 20, 1998, by
Senator Inouye. In open executive session on July 9, 1998, the
Committee considered S. 2096, and ordered the legislation
reported favorably without objection and with an 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 3, 1998.
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. 2096, 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 FOILCAT. S. 2096 was ordered reported by the
Senate Committee on Commerce, Science, and Transportation on
July 9, 1998.
CBO estimates that enacting S. 2096 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.
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. 2096 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 divided into two
subsections.
Subsection (a) provides that, notwithstanding sections
12106 and 12108 of title 46, United States Code, section 8 of
the Act of June 19, 1886 (46 U.S.C. App. 289), and section 27
of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), the
Secretary of Transportation may issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for the vessel FOILCAT, United States
official number 1063892.
Subsection (b), as amended, provides that the endorsement
issued under subsection (a) shall terminate on the last day of
the 36th month beginning after the date on which it was issued.
As introduced, subsection (b) would have authorized the
endorsement to be in effect beginning on the date the vessel is
placed in service to initiate a high-speed marine ferry
demonstration project and terminating on the last day of the
36th month beginning after that date. Subsection (b) was
amended to facilitate the tracking of the vessel's coastwise
trade employment eligibility by the United States Coast Guard.
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.