[Senate Report 106-283]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 534
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-283
_______________________________________________________________________



 
                          VICTORY OF BURHNAM

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1613




                  May 10, 2000.--Ordered to be printed

                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
79-010                     WASHINGTON : 2000



       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                       one hundred sixth 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             JOHN D. ROCKEFELLER IV, West 
TRENT LOTT, Mississippi                  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                MAX CLELAND, Georgia
                       Mark Buse, Staff Director
                  Martha P. Allbright, General Counsel
               Kevin D. Kayes, Democratic Staff Director
                  Moses Boyd, Democratic Chief Counsel
                Gregg Elias, Democratic General Counsel
                                                       Calendar No. 534
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-283

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




                           VICTORY OF BURHNAM

                                _______
                                

                  May 10, 2000.--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. 1613]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1613) ``to authorize the 
Secretary of Transportation to issue a certificate of 
documentation with appropriate endorsement for employment in 
the coastwise trade for the vessel Victory of Burhnam'', having 
considered the same, reports favorably thereon and recommends 
that the bill do pass.

                          Purpose of the Bill

  S. 1613, as reported, grants coastwise trading privileges to 
the vessel Victory of Burhnam.

                          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, 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. 
Senator Mack introduced S. 1613 on September 22, 1999. The 
vessel Victory of Burhnam, Florida official number 663780, is a 
44-foot Mark-III sailing vessel that was constructed in the 
United Kingdom in 1981. It is owned by Jay D. Scott of 
Fernandina Beach, Florida. The vessel's owner intends to use it 
for sailing charters out of Fernandina Beach, Florida. Because 
the vessel was constructed in a foreign yard and once under 
foreign ownership, the owner has not been able to obtain 
coastwise trade privileges for the Victory of Burhnam. 
Therefore, the owner is seeking a statutory waiver of the Jones 
Act for the vessel.

                          Legislative History

  S. 1613 was introduced in the Senate on September 22, 1999, 
by Senator Mack. In open executive session on April 13, 2000, 
the Committee considered S. 1613, 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, April 18, 2000.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed several bills, which were ordered reported by the 
Senate Committee on Commerce, Science, and Transportation on 
April 13, 2000. Enacting these bills would have no impact on 
the federal budget. The bills do not contain intergovernmental 
or private-sector mandates as defined in the Unfunded Mandates 
Reform Act, and would not impose direct costs on state, local, 
or tribal governments. The bills would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply. The bills reviewed are:
          S. 442, 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 Looking Glass;
          S. 1261, 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 Yankee;
          S. 1613, 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 Victory of Burhnam;
          S. 1614, 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 Lucky Dog;
          S. 1615, 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 Enterprize;
          S. 1779, 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 M/V Sandpiper; and
          S. 1853, a bill to authorize the Secretary of 
        Transportation to issue a certificate of documentation 
        with appropriate endorsement for employment in the 
        coastwide trade for the vessel Fritha.
    The CBO staff contact is Deborah Reis. This estimate was 
reviewed by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, 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. 1613 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 
12106 through 12108 of title 46, U.S. Code, the vessel Victory 
of Burhnam, United States official number 663780, is eligible 
to engage in the coastwise trade and the Secretary of 
Transportation may issue a certificate of documentation with 
appropriate endorsement for employment in the coastwise trade 
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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