[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.)