[Senate Report 106-284]
[From the U.S. Government Publishing Office]
Calendar No. 535
106th Congress Report
SENATE
2d Session 106-284
_______________________________________________________________________
LUCKY DOG
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1614
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. 535
106th Congress Report
SENATE
2d Session 106-284
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LUCKY DOG
_______
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. 1614]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1614) ``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'', having
considered the same, reports favorably thereon and recommends
that the bill do pass.
Purpose of the Bill
S. 1614, as reported, grants coastwise trading privileges
to the vessel Lucky Dog.
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.
The vessel Lucky Dog, official number FLZP7569E373, is a 34-
foot Striker Sport Fishing Boat that was constructed in
Omastrand, Norway in 1973. It is owned by Richard Matre of
Treasure Island, Florida. The vessel's owner intends to use it
for fishing charters out of Treasure Island. Because the vessel
was constructed in a foreign yard, the owner has not been able
to obtain coastwise trade privileges for the Lucky Dog.
Therefore, the owner is seeking a statutory waiver of the Jones
Act for the vessel.
Legislative History
S. 1614 was introduced in the Senate on Septmeber 22, 1999,
by Senator Mack. In open executive session on April 13, 2000,
the Committee considered S. 1614, 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. 1614 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 Lucky
Dog, State of Florida registration number FLZP7569E373, 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.