2 1 tion which is a citizen within the meaning of section 2 of 2 the Shipping Act, 1916 (39 Stat. 729), as amended (46 91ST CONGRESS 1ST SESSION H. R. 11967 IN THE HOUSE OF REPRESENTATIVES JUNE 9, 1969 Mr. HALEY introduced the following bill; which was referred to the Committee on Merchant Marine and Fisheries A BILL To authorize the vessel Orion to engage in the coastwise trade. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That, notwithstanding any other provision of law, the vessel 4 known as the Orion (ex-Trinidad), owned by the Orion 5 Towing Company, Incorporated, of Bartow, Florida, shall 6 be entitled to engage in the coastwise trade upon compliance 7 with the usual requirements and so long as such vessel is 8 owned by a citizen of the United States. For the purposes of 9 this Act, the term "citizen of the United States" includes any 10 corporation, partnership, or association which is a citizen 11 within the meaning of section 2 of the Shipping Act, 1916 (39 Stat. 729), as amended (46 U.S.C. 802). 12 GENERAL COUNSEL OF THE DEPARTMENT OF COMMERCE, Hon. EDWARD A. GARMATZ, Chairman, Committee on Merchant Marine and Fisheries, DEAR MR. CHAIRMAN: This is in further reply to your request for the views of this Department with respect to S. 133, an Act "To authorize the vessel Orion to engage in the coastwise trade." The bill would provide that notwithstanding any other provision of law, the vessel now known as the Orion (ex-Trinidad), owned by the Orion Towing Company, Inc., of Bartow, Florida, shall be entitled to engage in the coastwise trade upon compliance with the usual requirements and so long as such vessel is owned by a citizen of the United States. Section 4132 of the Revised Statutes, as amended, (46 U.S.C. 11), prohibits the documentation of any foreign built vessel for use in the United States coastwise trade. According to our information the tug Orion was built in 1928 at Balboa, Canal Zone, is 118 feet in length and weighs 284 gross tons. It is now privately owned in Florida. S. 133 would grant an exemption from the provisions of section 4132 of the Revised Statutes. In view of the hardship which would otherwise be imposed on the owner and the vessel's limited size, we have no objection to the bill. We have been advised by the Bureau of the Budget that there is no objection to the submission of this report from the standpoint of the Administration's program. Sincerely, JAMES T. LYNN, General Counsel. OFFICE OF THE SECRETARY OF TRANSPORTATION, Hon. EDWARD A. GARMATZ, Chairman, Committee on Merchant Marine and Fisheries, DEAR MR. CHAIRMAN: Reference is made to your request for the views of this Department on S. 133 and H.R. 11967, bills "To authorize the vessel ORION to engage in the coastwise trade." The proposed bills would authorize use of the ORION in the coastwise trade of the United States notwithstanding that a foreign built vessel is by statute prohibited from so doing. 46 USC 11. The records of this Department indicate that the ORION, official number 506387, was built at Balboa, Canal Zone; and is presently documented as a United States vessel under Permanent Register No. 63 issued at Miami, Florida, December 6, 1966, in the ownership of Orion Towing Company, Inc. The Department anticipates no administrative difficulty for the Coast Guard in carrying out the provisions of the bill. As to the phrase "upon compliance with the usual requirements" appearing in the proposal, we interpret that language to include compliance with the vessel inspection laws administered by the Coast Guard. We would suggest addition of the word "continuously" before the word "owned" in line 8 to preclude an issue which could arise if the vessel were at some time sold foreign and subsequently returned to ownership of a United States citizen. The Department of Transportation would have no objection to enactment of the proposed legislation. The Bureau of the Budget advises that from the standpoint of the Administration's program there is no objection to the submission of this report for the consideration of the Committee. Sincerely, CHARLES D. BAKER. STATEMENT OF HON. JAMES A. HALEY, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF FLORIDA Mr. HALEY. Thank you very much, Mr. Chairman. I think this bill is a very simple little bill. The vessel under consideration here was built by the Panama Canal Agency. Of course, the Panama Canal Agency, as you well know, is a governmental agency. The present owner purchased it from the Panama Canal Co. in or about October or November 1965. Since that time the vessel has been used for noncoast wise trade. However, I might say that this vessel has been used to service in some respect the U.S. installations down at Guantanamo, Cuba. It is a small boat, Mr. Chairman, 127 feet in length with a beam of 29 feet 10 inches. It is working now and based out of the city of Miami, and the people of course were not aware of the fact that this boat would not be qualified in every respect because it was built, as I say, by the Federal Government, with U.S. labor. The material came from the States. So the boat, as I say, would be used in the lower Atlantic seaboard and the Caribbean. It is not at the moment operating because it has had to overhaul engines or something. That is about the story, Mr. Chairman. I would be glad to attempt to answer any questions the committee might have. If I don't have the answer, I would be very happy to try to obtain it. Mr. CLARK. Mr. Haley, this bill would allow the Orion to operate in the coatswise trade. Actually would this be in the passenger service? Mr. HALEY. It would not be a passenger service; no. It is a small boat, Mr. Chairman. Mr. CLARK. It is 127 feet? Mr. HALEY. 127 feet; yes. Mr. CLARK. It is going to be in the coastwise trade? Mr. HALEY. That is right. Mr. CLARK. I am just asking this so that we will have it in the record. Do you have any questions, Mr. Keith? Mr. KEITH. Thank you, Mr. Chairman. Would you have any objection if there were an express provision in the authorization statute excluding this boat from passenger trade? Mr. HALEY. We would have no objection to that. This is a tug, really. Mr. KEITH. Oh, it is a tug? Mr. HALEY. Yes. Mr. KEITH. It is a pretty big tug, isn't it? It may be a small vessel, but it is a big tug. Mr. HALEY. Well, yes, I would agree with that. Yes. Mr. KEITH. I arrived late and didn't hear the earlier description. Mr. Chairman, as you know, I have to go to a conference. I shall vote with Mr. Haley and with you. I would appreciate it if you would excuse me. I will check with the Coast Guard about these bills. Thank you, Mr. Chairman. Mr. CLARK. This was built in the Panama Canal Zone, was built by American labor, and built with American material, and it is going to be used coast wise in the United States. That is your intent? Mr. HALEY. That is correct. If you will note, Mr. Chairman, the distinguished senior Senator from Florida has a bill, and I believe that is before you. I have no pride in authorship of my own bill. If the |