ments. Since then I have served on various committees concerned with the navigation of marine traffic in congested waters and narrow channels. My overall experience in connection with the movement of vessels, both large and small, has fully convinced me that there is a critical need, in the interest of life, limb, and property, for Federal legislation which will permit the United States Coast Guard, a recognized friend of the small-boat operator, to license and supervise the navigation of motorboat operators in the pleasure class, or any other class, which may be deemed advisable. In advocating such legislation I do not wish the small-boat owner to conclude that I am his enemy, or that I would like to see his pleasure curtailed in any respect, with the possible exception of those waters where his safety and that of others is being constantly jeopardized by boat operators who have little or no conception of the navigational hazards involved, or how to avoid them if they knew. By way of comparison, no responsible person would want to see bicycles permitted to run wild on the Pennsylvania or New Jersey Turnpikes, where only persons who have been properly licensed for automobiles are permitted to drive with the understanding that they, for the protection of life, limb, and property, must observe all traffic regulations. I agree with Admiral Richmond, Commandant of the United States Coast Guard, that the education of the motorboat operator should be a fundamental concept in making any legislation effective. Very few people want to do wrong. The vast majority of pleasure-boat operators want to use safe boats, and operate their boats in safety to themselves and others. Any new law, therefore, should be simple, effective, easily understood, and enforcible. At present there are navigation rules and regulations prescribed by the United States Coast Guard which all vessels, both large and small, are obliged to, and should, observe. However, there is a great deal of difference in the authority of Coast Guard to exercise control over persons navigating large commercial vessels and operators of small motorboats. The navigators of the large vessel class must possess a license adequate to cover the vessel being conned-maneuvered in other words. It can be assumed therefore that such navigators are trained and reasonably experienced. It can also be assumed that in meeting, crossing, or overtaking other vessels in confined waters, and narrow channels, that the navigators of such vessels will follow, to the best of their ability, the rules and regulations prescribed by law and also the fundamentals of good seamanship in narrow waters which they have learned through practical experience. When such navigators have the misfortune of becoming involved in an accident they must, within 24 hours, prepare a lengthy report describing the conditions under which the accident occurred and how they applied the prescribed rules and regulations for navigation. Later they must appear at an official Coast Guard hearing and be questioned under oath. The decision rendered as to fault may affect their license, sometimes to the extent of being deprived of the right to pilot ships for a given period of time. There are no such regulations for pleasure-boat owners, yet they have the same free use of the waterways as the larger vessel and, in many instances, que to the lack of knowledge, they constitute a menace to life, limb, and property. I do not believe small-boat owners should be deprived of the use of waterways, but I do believe that legislation should be enacted changing the right-of-way rules so as to require small-boat operators to keep clear of larger vessels navigating in confined waters, wherein the highest degree of skill is required. By way of illustration, on June 30, 1956, the steamship Triton, a large tanker. was navigating in the Kill Van Kull, a confined and congested body of water between Staten Island, N. Y., and Bayonne, N. J. The Triton was loaded, proceeding at half speed, with the tugboat Barbara Moran made fast on the starboard bow. The pilot observed the motorboat Sunglow overtaking the Triton on the starboard side. After passing the Triton the Sunglow directed its course to port, crossing the bow of the Triton. When the Sunglow was about dead ahead of the Triton, persons on the deck of the Sunglow began to frantically wave their arms. The Sunglow had broken down. It was only due to the skill of the pilot of the Triton and the captain of the Moran tug that the Sunglow was saved from being crushed by the Triton. It was later learned that the operator of the Sunglow was trying to put the motorboat in a position where its passengers could see the big tanker and take pictures. The Triton nearly went ashore trying to clear the Sunglow. Had another tanker been attempting to pass the Triton at this time, it could have resulted in a serious collision, wherein one or both vessels might have caught on fire, in an area where there are large shore oil installations. This is one case in point, and there are many others I could relate to you, where pleasure-boat operators do not realize the dangers involved, such as the hazardous practice of anchoring and fishing in fairways where large vessels are compelled to navigate. I gave testimony on this same subject before the House Committee on Merchant Marine and Fisheries on July 17, 1956, at which time I stated my views more fully. I believe legislation could be enacted to regulate pleasure-boat operators at a minimum cost to the Government. These operators could, at insignificant cost, attend courses given by such organizations as the United States power squadrons in small-boat handling, rules of the road, navigation safety, etc., upon completion of which they are given a certificate which would qualify them to take a simple "yes and no" examination. Upon successfully completing the examination and submitting proof of good eyesight, they could be licensed to operate pleasure boats in confined waters. Respectfully yours, W. HILTON LOWE, President. NEW YORK, N. Y., May 22, 1957. The SENATE INTERSTATE AND FOREIGN COMMERCE COMMITTEE, (Attention A. J. Bourbon.) In accordance with your request I wish to submit for the record, relative to hearing on bill S. 1866 on May 20 and 21, the following: I represent the New York State Association of Small Passenger-Carrying Vessels, a member of the East Coast and Great Lakes Marine Council. We have 78 party-boat members, mostly in the Sheepshead Bay, Long Island Sound, and Gerittsen Beach areas. I am a former member of the National Party Boatowners Alliance, as are most of our members who deserted this alliance after enactment of Public Law 519 and joined this association. We definitely favor reasonable legislation for the small-boat industry but believe that Public Law 519 and its rules and regulations is not suitable in their present form and urgently request passage of S. 1866. Our reason for not testifying at the hearing is that Captain Carves of New Jersey was to have represented us but forgot to mention it in his testimony. Confirmation will follow. FRANKLIN HAMMER, Chairman, New York State Association of Small Passenger-Carrying (The following reports from Government departments were received:) COMPTROLLER GENERAL OF THE UNITED STATES, Hon. WARREN G. MAGNUSON, Chairman, Committee on Interstate and Foreign Commerce, United States Senate. DEAR MR. CHAIRMAN: Further reference is made to your letter of April 15, 1957, acknowledged April 16, inviting our comments on four bills, including S. 1866, 85th Congress, entitled "A bill to amend the act entitled 'An act to require the inspection and certification of certain vessels carrying passengers,' approved May 10, 1956, in order to provide adequate time for the formulation and consideration of rules and regulations to be prescribed under such act." The bill proposes to amend section 8, Public Law 519, 84th Congress, approved May 10, 1956 (70 Stat. 151), by inserting "January 1, 1959," in lieu of "January 1,1957.” Section 8 now provides : "This act shall become effective on January 1, 1957, or on the first day of the sixth month following the prescription of rules and regulations by the Secretary under section 3, hereof, whichever is later." The act of May 10, 1956, is intended to extend the merchant marine inspection laws enforced by the United States Coast Guard to certain vessels carrying more than six passengers for hire, principally small pleasure or party fishing boats, and thereby promote greater safety at sea. Section 3 thereof authorizes the Secretary of the Treasury to prescribe rules and regulations with respect to certain matters as may be necessary to carry out the provisions of the act in the most effective manner. We understand that the Merchant Marine Coun cil has held hearings for the purpose of formulating rules and regulations, which after study by the Coast Guard and authorization by the Secretary of the Treasury would tentatively result in the act becoming effective on January 1, 1958. The bill would prevent such rules and regulations from becoming effective for an additional year, or longer if published rules and regulations are not issued by July 1, 1958. We have no special information as to the necessity or advisability of requiring a delay in the accomplishment of the objectives of the act of May 10, 1956, 70 Stat. 151. Consequently, we offer no recommendation with respect to S. 1866. Separate reports are being furnished on the three other bills enclosed with your letter. Sincerely yours, Hon. WARREN G. MAGNUSON, JOSEPH CAMPBELL, Comptroller General of the United States. DEPARTMENT OF JUSTICE, Washington, D. C., April 22, 1957. Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington, D. C. DEAR SENATOR: This is in response to your request for the views of the Department of Justice concerning the bill (S. 1866) to amend the act entitled "An Act To Require the Inspection and Certification of Certain Vessels Carrying Passengers," approved May 10, 1956, in order to provide adequate time for the formulation and consideration of rules and regulations to be prescribed under such act. The bill has been examined, but since the subject matter thereof is not related to any of the activities of the Department of Justice we would prefer not to offer any comment concerning it. Sincerely, Hon. WARREN G. MAGNUSON, WILLIAM P. ROGERS, Deputy Attorney General. THE SECRETARY OF COMMERCE, Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington, D. C. DEAR MR. CHAIRMAN: This letter is in reply to your request of April 15, 1957, for the views of this Department with respect to S. 1866, a bill to amend the act entitled “An act to require the inspection and certification of certain vessels carrying passengers," approved May 10, 1956, in order to provide adequate time for the formulation and consideration of rules and regulations to be prescribed under such act. The bill would amend section 8 of the act of May 10, 1956 (Public Law 519, 84th Cong.; 70 Stat. 151), to extend the effective date of that act, which prescribes a comprehensive system for safety inspection of passenger-carrying vessels by the United States Coast Guard. The purpose of the extension as stated in the title of the bill is "to provide adequate time for the formulation and consideration of rules and regulations to be prescribed under such Act." The effective date section of the act reads as follows: "SEC. 8. This Act shall become effective on January 1, 1957, or on the first day of the sixth month following the prescription of rules and regulations by the Secretary under section 3, hereof, whichever is later." Under this section the responsible administrative officer (the Secretary of the Department in which the Coast Guard is operating (sec. 1 (d) of the act)) has latitude to work out rules and regulations since the effective date of the act is postponed until such rules and regulations have been prescribed. However, it may be that a specific minimum period of postponement is desirable. This Department is not advised as to the attendant circumstances involved, and defers to the views of the executive department charged with the administration of the act under consideration. The Bureau of the Budget has advised that it would interpose no objection to the submission of this letter to your committee. Sincerely yours, WALTER WILLIAMS, Acting Secretary of Commerce. PUBLIC LAW 519-84TH CONGRESS CHAPTER 258-2D SESSION H. R. 7952 AN ACT To require the inspection and certification of certain vessels carrying passengers Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when used in this Act, unless the context requires otherwise (a) The term "passenger" means every person carried on board a passengercarrying vessel other than (1) the owner or his representative; (2) the master and the bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services? (3) any employee of the owner of the vessel engaged in the business of the owner, except when the vessel is operating under a bareboat charter; (4) any employee of the bareboat charterer of the vessel engaged in the business of the bareboat charterer; (5) any guest on board a vessel which is being used exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for his carriage; or (6) any person on board a vessel documented and used for tugboat or towboat service of fifty gross tons or more who has not contributed any consideration, directly or indirectly, for his carriage. (b) The term "passenger-carrying vessel" means any vessel which carries more than six passengers, and which is (1) propelled in whole or in part by steam or by any form of mechanical or electrical power and is of fifteen gross tons or less; (2) propelled in whole or in part by steam or by any form of mechanical or electrical power and is of more than fifteen and less than one hundred gross tons and not more than sixty-five feet in length measured from end to end over the deck excluding sheer; (3) propelled by sail and is of seven hundred gross tons or less; or (4) non-self-propelled and is of one hundred gross tons or less; except any public vessel of the United States or of any foreign state, or any lifeboat forming part of a vessel's lifesaving equipment. The term includes (1) any domestic vessel operating on the navigable waters of the United States, or on the high seas outside of those waters and within the normal operating range of the vessel, and (2) any foreign vessel departing from a port of the United States. (c) The term "International Convention for Safety of Life at Sea" means the "International Convention for Safety of Life at Sea, 1948" or any similar international convention which comes into force and effect after ratification by the United States Senate. (d) The term "Secretary" means the Secretary of the department in which the Coast Guard is operating. SEC. 2. (a) The Secretary shall, at least once every three years, cause to be inspected each passenger-carrying vessel, and shall satisfy himself that every such vessel (1) is of a structure suitable for the service in which it is to be employed; (2) is equipped with the proper appliances for lifesaving and fire protection in accordance with applicable laws, or rules and regulations prescribed by him; (3) has suitable accommodations for passengers and the crew; and (4) is in a condition to warrant the belief that it may be used, operated, and navigated with safety to life in the proposed service and that all applicable requirements of marine safety statutes and regulations thereunder are faithfully complied with. (b) The Secretary may prescribe reasonable fees or charges for (1) any inspection made and (2) any certificate, license, or permit issued pursuant to this Act or the rules and regulations established hereunder. SEC. 3. In order to secure effective provision against hazard to life created by passenger-carrying vessels and to carry out in the most effective manner the provisions of this Act, the Secretary shall prescribe such rules and regulations as may be necessary with respect to design, construction, alteration, or repair of such vessels, including the superstructures, hulls, accommodations for passengers and crew, fittings, equipment, appliances, propulsive machinery, auxiliary machinery, and boilers; with respect to all materials used in construction, altera tion, or repair of such vessels including the fire prevention and fire retardant characteristics of such materials; with respect to equipment and appliances for lifesaving and fire protection; with respect to the operation of such vessels, including the waters in which they may be navigated and the number of passengers which they may carry; with respect to the requirements of the manning of such vessels and the duties and qualifications of the operators and crews thereof; and with respect to the inspection of any or all the foregoing. SEC. 4. (a) No passenger-carrying vessel shall be operated or navigated until a certificate of inspection in such form as may be prescribed by the regulations promulgated by the Secertary under the authority of this Act, has been issued to the vessel indicating that the vessel is in compliance with the provisions of this Act, and the rules and regulations established hereunder; except that when a foreign passenger-carrying vessel belongs to a nation which is signatory to the International Convention for Safety of Life at Sea, a valid safety certificate issued to the vessel pursuant to the Convention may be accepted in lieu of the required certificate of inspection. (b) Any passenger-carrying vessel to which a valid certificate of inspection has been issued pursuant to this section shall during the tenure of the certificate be in full compliance with the terms of the certificate. (c) A certificate of inspection issued pursuant to this section may at any time be voluntarily surrendered and shall be withdrawn and suspended or revoked for noncompliance with any applicable requirements of this Act or regulations thereunder. SEC. 5. Any owner, master, or person in charge of any vessel subject to this Act who violates the provisons of this Act, or the rules and regulations established hereunder, shall be liable to the United States in a penalty of not more than $1,000 for each such violation, for which sum the passenger-carrying vessel shall be liable and may be seized and proceeded against by way of libel in any district court of the United States having jurisdiction of the violation. SEC. 6. (a) The Act of January 18, 1897 (29 Stat. 489; 46 U. S. C. 520), is hereby repealed. (b) Section 4426 of the Revised Statutes, as amended (34 Stat. 193; 46 U. S. C. 404), is amended to read as follows: "4426. The hulls and boilers of every ferryboat, canal boat, yacht or other small craft of like character propelled by steam, shall be inspected under the provisions of this title. Such other provisions of law for the better security of life as may be applicable to such vessels shall, by the regulations of the Secretary of the department in which the Coast Guard is operating, also be required to be complied with before a certificate of inspection shall be granted, and no such vessel shall be navigated without a licensed engineer and a licensed pilot: Provided, That in open steam launches of ten gross tons and under, one person, if duly qualified, may serve in the double capacity of pilot and engineer. All vessels of above fifteen gross tons carrying freight for hire and all vessels of above fifteen gross tons and in excess of sixty-five feet in length carrying passengers for hire, but not engaged in fishing as a regular business, propelled by gas, fluid, naphtha, or electric motors, shall be subject to all the provisions of this section relating to the inspection of hulls and boilers and requiring engineers and pilots, and for any violation of the provisions of title 52 of the Revised Statutes applicable to such vessels, or of rules or regulations lawfully established thereunder, and to the extent to which such provisions of law and regulations are so applicable, the said vessels, their masters, officers, and owners shall be subject to the provisions of sections 4496, 4497, 4498, 4499, and 4500 of the Revised Statutes, as amended (46 U. S. C. 494-498), relating to the imposition and enforcement of penalties and the enforcement of law: Provided, however, That until June 30, 1956, no vessel registered or licensed as a vessel of the United States of fifteen gross tons or less on December 31, 1953, shall be deemed to be subject to the inspection provisions of this section notwithstanding the fact that such vessels may thereafter be found to have a tonnage in excess of fifteen gross tons, unless such finding results from an alteration in the length, breadth, or depth effected after December 31, 1953." (c) Section 7 of the Act of April 25, 1940, as amended (54 Stat. 165; 46 U. S. C. 526f), is amended to read as follows: "SEC. 7. No such motorboat, and no other vessel of fifteen gross tons or less propelled by machinery other than steam, while carrying passengers for hire. shall be operated or navigated except in charge of a person duly licensed for such service by the Secretary of the department in which the Coast Guard is operating. Whenever any person applies to be licensed as operator of any motorboat, or of |