[House Report 106-531]
[From the U.S. Government Publishing Office]





106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-531

=======================================================================



 
                          VESSEL M/V MIST COVE

                                _______
                                

  March 21, 2000.--Referred to the Private Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3903]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3903) to deem the vessel M/V MIST 
COVE to be less than 100 gross tons, as measured under chapter 
145 of title 46, United States Code, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                            Purpose of Bill

    The primary purpose of H.R. 3903 is to deem the M/V MIST 
COVE to be less than 100 gross tons, as measured under chapter 
145 of title 46, United States Code, for purposes of applying 
the optional regulatory measurement under section 14305 of 
title 46. This will require the MIST COVE to comply with 
current safety requirements applicable to small passenger 
vessels. The bill also includes a restriction that the vessel 
may not be larger than 157 feet.
    The Boat Company, a nonprofit company, operates two 
converted ex-Navy minesweepers, the M/V OBSERVER and the M/V 
LISERON, in Southeast Alaska during the summer season. They 
carry passengers on six to nine-day trips combining wildlife 
viewing with fishing. The Boat Company is building a new 
vessel, the MIST COVE, that is a replica of the OBSERVER and 
LISERON. The MIST COVE is 157 feet in length, and will have a 
maximum passenger capacity of 25 passengers. The vessel is 
under construction in Panama City, Florida, by Eastern 
Shipbuilding.
    Vessel safety requirements are based upon, among other 
things, the tonnage of a vessel. There are two systems for 
measuring the tonnage of a vessel, the regulatory measurement 
system (domestic) and the alternate International Tonnage 
Convention system (international).
    Vessels measured under the domestic regulatory system often 
used tonnage reduction techniques to artificially lower the 
tonnage of a vessel. To discourage this practice, the Coast 
Guard Authorization Act of 1996 (Public Law 104-324) contained 
authority for the Coast Guard to establish tonnages under the 
international system that are equivalent to regulatory 
tonnages. The Coast Guard has established alternate 
international tonnages for offshore supply vessels, but not for 
any other type of vessel.
    The MIST COVE has been measured under the new international 
system, and did not employ the old tonnage reduction techniques 
to lower the tonnage of the vessel. Because the Coast Guard has 
not implemented their authority to establish international 
tonnages for passenger vessels, it is difficult for the MIST 
COVE owners to determine which vessel requirements apply.
    The MIST COVE will be delivered in May, and may not operate 
without the statutory clarification in this bill.

                            Committee Action

    On March 9, 2000, Mr. Don Young introduced H.R. 3903, a 
bill to deem the vessel M/V MIST COVE to be less than 100 gross 
tons, as measured under chapter 145 of title 46, United States 
Code.
    On March 16, 2000, the Committee on Transportation and 
Infrastructure met to consider H.R. 3903. Mr. Gilchrest asked 
unanimous consent that the Subcommittee on Coast Guard and 
Maritime Transportation be discharged from further 
consideration of H.R. 3903. The Subcommittee was discharged 
from consideration of the bill without objection.
    H.R. 3903 was ordered reported to the House of 
Representatives by a voice vote in the presence of a quorum.

                Section-by-Section Analysis of H.R. 3903

Section 1. Vessel MIST COVE

    This section deems the construction tonnage of the M/V MIST 
COVE (United States official number 1085817) to be less than 
100 gross tons, as measured under chapter 145 of title 46, 
United States Code, for purposes of applying the optional 
regulatory measurement under section 14305 of that title.
    This section also states that the 99 gross tonnage 
designation will not apply to the MIST COVE should the length 
of the vessel ever exceed 157 feet.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of Rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance with House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
Rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
Rule XIII of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 3903.
    3. With respect to the requirement of clause 3(c)(3) of 
Rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
3903 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 20, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, U.S. House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3903, a bill to 
deem the vessel M/V MIST COVE to be less than 100 gross tons, 
as measured under chapter 145 of title 46, United States Code.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3903.--A bill to deem the vessel M/V MIST COVE to be less than 100 
        gross tons, as measured under chapter 145 of title 46, United 
        States Code

    H.R. 3903 would deem a vessel now under construction, the 
MIST COVE, to be less than 100 gross tons, which would clarify 
that it should be treated as a small passenger vessel for 
purposes of federal safety regulations. CBO estimates that 
enacting H.R. 3903 would have no impact on the federal budget. 
Because the bill would not affect direct spending or receipts, 
pay-as-you-go procedures would not apply.
    The CBO staff contact is Deborah Reis, who can be reached 
at 226-2860. This estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of Rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. (Public Law 104-4.)

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act. (Public Law 
104-1.)

                                

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