Mr. NAPIER. It is my understanding that NAEBM supports in part the American Boat and Yacht Council. As to the exact particulars of that, I think an NAEBM witness could probably fill you in better than I could.

Mr. DREWRY. I am wondering whether maybe some answer to your concern about the excessive discretionary authority in the Secretary in connection with standards development might be met by having something perhaps comparable to a "Junior" American Bureau of Shipping where there would be a recognized standard certifying outfit, and the Coast Guard could then approve as meeting acceptable standards of the certifying organization.

Has any thought been given to an approach like that?

Mr. NAPIER. First let me say on our various engineering committees we do have representatives who are other than manufacturers. For example, members of the power squadron and the Coast Guard Auxiliary and other people as well as manufacturers. I might also say that both BIA and NAEBM, located in New York, will probably in the very near future, and we hope very soon, end up supporting as the industry standard-making organization the American Boat and Ya ht Council, which is now undergoing somewhat of a reorganization so it will be more broadly based. In this case it would include Coast Guard personnel and industry personnel as well as other people.

Mr. DREWRY. That would give more flexibility as to standard development perhaps than having the Coast Guard the exclusive standards producer.

Mr. NAPIER. Yes, sir.

Mr. DREWRY. Still on the subject of standards, would you think it would be desirable for the existing voluntary standards to be made mandatory?

Mr. NAPIER. I would say from my knowledge of what the Coast Guard is after insofar as requirements which will reduce or mitigate accidents, standards requirements, design requirements and so forth, the major types of accidents that could be remedied by standards are covered by existing voluntary standards. That is to say, to reduce capsizing and sinkings and so forth, the major types of accidents, we have voluntary standards on flotation and capacity. So to a large extent it seems to me the Coast Guard certainly could, I do not know whether they would, adopt many of these voluntary standards which would go a long way to reducing or mitigating the effects of accidents. by picking up existing standards.

Mr. DREWRY. Finally, do you have any recommendations to put in whatever law we enact to prevent or restrict excessive discretionary authority in the Federal Government.

Mr. NAPIER. I would say we do have recommendations. I cannot think of the exact language right now. I am sure I could draft some. I think basically what we are looking for is tying down the standards. to indicate the needs.

For example, standards could be promulgated where a need is shown by analysis of accident statistics. This is a large part of it. I think we know the major causes of accidents and how various standards could help here, using the accident statistics. However, this is somewhat of a retroactive effect. You also want to head off accidents that have not happened yet but you can see may happen. So I would not tie it down necessarily only to accident statistics

analysis. I am sure there are other germane considerations. Nonetheless, tie it down somewhat more to a proven need, a requirement or showing this will be helpful before a standard is promulgated. Perhaps some language like the Motor Vehicle Safety Act, section 103, as I recall, has various requirements of this nature.

Mr. DREWRY. I gathered from Admiral Trimble's testimony the other day you will have an opportunity between now and next year to make some more inputs into cleaning up and improving this legislation.

Mr. NAPIER. Yes, sir.

Mr. DREWRY. That is all, Mr. Chairman.

Mr. MORTON. Mr. Chairman, I have just one question. Is your association financially supported entirely by the boating manufacturing industry?

Mr. NAPIER. Generally, yes, sir. Actually, we are supported in a relatively small part by dues of the manufacturer members. In the major part through owning and producing the industry trade show which is held in the fall, generally in September, in Chicago. This produces the major revenue of the association.

Mr. MORTON. Thank you.

The CHAIRMAN. Thank you very much, Mr. Napier. You have been a very fine witness.

Mr. NAPIER. Thank you, Mr. Chairman.

The CHAIRMAN. Out next witness is Mr. Ralph Thacher, National Association of Engine & Boat Manufacturers.

STATEMENT OF RALPH THACHER, NATIONAL ASSOCIATION OF ENGINE & BOAT MANUFACTURERS, ACCOMPANIED BY RICHARD SNYDER AND R. S. SMETHURST

Mr. THACHER. Good morning.

The CHAIRMAN. I am sorry we had to postpone you from the other day.

Mr. THACHER. Mr. Chairman and members of the committee, it is indeed a pleasure to be here, but I would rather say it has been most educational and fascinating and I hope that my testimony will be helpful to you. With that, I will introduce on my right Mr. Snyder who is from the NAEBM staff and on my left Mr. Raymond Smethurst also of our staff.

The CHAIRMAN. Mr. Thacher, it is 12 o'clock. Would you want to insert your whole statement in the record and ad lib over that? Mr. THACHER. How much time do I have?

The CHAIRMAN. The 12 o'clock bell has rung. I do not know when the quorum bells will ring.

Mr. THACHER. I would like to read it and I will read it as rapidly as I can. I think there are some important things here from our standpoint.

Mr. Chairman and members of the committee, it is indeed a pleasure for me to appear before this committee on behalf of the National Association of Engine & Boat Manufacturers. I am Ralph Thacher, vice president of the O'Day Co., A division of Bangor Punta Operations, Inc. and I am representing the NAEBM today as treasurer, board of director and as a member. The National Association of

Engine & Boat Manufacturers represents 440 companies that make, sell, or service some kind of recreational boating product. Out organization has been in existence since 1904. My appearance today reminds me of the hearings that were held about 10 or 15 years ago also related to legislation that could require or make it desirable to regulate pleasure boating in the interest of safety afloat. I am speaking, of course, of the national and regional hearings held on the Federal Boating Act of 1958.

As an association we were pleased at that time to have been one of the key supporters of that particular legislation. I also believe that it was at our request that your committee conducted the necessary study-in advance of any legislation being introduced-that eventually, brought to a reality the 1958 boating act. I can assure this committee that the industry and the NAEBM is equally desirous today of renewing a cooperative effort in considering any changes in present boat safety laws or in the introduction of any new legislation. Before discussing H.R. 15223, I believe, that it is relevant here to summarize some of the activities which have been taking place around the country for the past several years to implement the policies that this committee formulated as far back as 1940 with the passage of the Motor Boat Act and again in 1958 with the enactment of the Bonner Act. Our industry believes that the Coast Guard and its auxiliary have done a good job. No doubt, a better job could have been done if more funds and personnel had been made available. By and large, we also believe that the State administrators of boating laws have done a good job and we feel that their problems of enforcement have been due to a lack of personnel and funds. In the area of boatowner education and training, the power squadrons, the American Red Cross, and many other safety-oriented private groups have done outstanding work. Not to be unduly modest, I also believe that boat manufacturers and equipment makers have demonstrated a real concern for the constant improvement in the safety of the boats and equipment that they build. In fact, it was the industry and particularly the NAEBM that organized the American Boat & Yacht Council as the nationally recognized agency for the development of broad-based safety standards for pleasure boats and their equipment. Some 38 of these standards have been developed and published ranging from standards for exhaust systems to safety requirements for the safe loading of small craft. I recognize these are voluntary standards with no compulsion on any manufacturer to conform. However, this program was and is based on the realistic belief that competition and self-interest of the manufacturer have and will lead to ever-increasing acceptance. To supplement adoption and use of safety standards, the NAEBM was instrumental in reorganizing and reviving the Yacht Safety Bureau, an a nonprofit testing agency to determine that boat equipment measured up to approved standards. Our contributions to this nonprofit organization have exceeded a half-million dollars since 1960. To assure its continued existence as an independent public service testing agency, the Yacht Safety Bureau is now being merged into the nationally recognized Underwriters Laboratory.

The industry has also been fully aware of the great importance of boatowner training and education with respect to safe use and the

maintenance of watercraft and equipment. For example, many of the leading companies in the industry have for years provided operator safety education materials with the sale of their products to give owners an understanding of the rules that are applicable to good safety afloat. Some of these companies have also offered excellent training courses for the boatowner. In addition, the NAEBM prepares owner safety materials such as the "Safety Primer for Pleasure Boat Operators." Further, our administrative vice president, Joseph E. Choate is Chairman of the U.S. Coast Guard Motor Boat and Yacht Advisory Panel appointed by the commandant and charged with the responsibility of working with the commandant in resolving safety problems related to recreational boating. Finally, the activities of the industry as members and officers of the National Safe Boating Week Committee add to our awareness of the needs and our efforts to do something about meeting those needs.

Mr. Chairman, I have highlighted these various activities and programs for a genuine purpose. We believe, that this industry does not merit being stigmatized as one not interested in the inherent safety over the product or in its safe handling. I feel sure that the Coast Guard will attest to our active interest and positive action to achieve our mutual goals of constantly improving the boat safety records.

Now, as a guide to future legislation, Federal and State, the NAEBM recommends:

1. Federal-State responsibility.-Any new legislation should retain the basic administrative framework of the Motor Boat Act of 1940 and the Federal Boating Act of 1958. This means continued recognition of the joint jurisdiction and responsibility of State and Federal Governments to develop together safety programs and rules which can be uniform on all waters, whether under Federal or State jurisdiction.

2. Causes of accidents.-Changes in or additions to present laws should be made on the basis of demonstrated need. To develop areas of need, there should be a complete study or investigation into the causes of boating accidents. Until the major reasons for boating accidents are better documented and analyzed, in our opinion, realistic solutions cannot be legislated. This requires intensified efforts to obtain more complete data on accidents and their causes. 3. Safety standards.-Safety standards for boats and equipment should continue to be formulated and issued by publicly oriented voluntary organizations such as the American Boat and Yacht Council. Testing of equipment, to determine compliance with safety requirements, should be left with qualified public service testing organizations such as the Yacht Safety Bureau. Safety standards should be made compulsory only through joint decision and action of Federal and State regulatory agencies. Compulsory standards should become effective only after given reasonable periods of time for boat builders or equipment manufacturers to adjust manufacturing processes to meet new requirements. Compulsory standards affecting design of equipment should not be made applicable to existing boats if they require disproportionate alterations. Existing laws should be amended to encourage State acceptance of uniform safety standards for all recreational boats.

4. Numbering of boats.-NAEBM recommends the extension of the numbering requirements of the Federal Boating Act of 1958 to all motor boats 65 feet in length or less if powered by motors in excess of five horsepower. This requirement should be instituted only after allowing a reasonable period of time for the States to adapt local law to conform.

5. Equipment requirements.-NAEBM recommends that the Congress review provisions of the Motor Boat Act of 1940 relating to certain safety equipment required on small boats with a view to updating such requirements or to authorize the Coast Guard, by regulation, to adjust such requirements to keep pace with technological change.

6. Capacity plates.-NAEBM recommends that the Federal Boating Act of 1958 be amended to authorize the Coast Guard to prescribe use of capacity plates on all newly manufactured boats subject to the numbering system, and, upon proof that a designation of maximum horsepower capacity would contribute to safety, to prescribe such disclosure.

7. Educational programs.-Boat accident statistics already available reveal capsizing as the most common cause of boating casualties, and that overcrowding of boats is the most frequent cause of capsizing. These and other accident statistics emphasize the continuing need for stepped-up programs designed to encourage adequate instruction of new boatowners and to serve as constant reminders to the boating public of the need to observe the rules of the road and recognized safety procedures.

Substantial educational and instruction programs already are provided by many outstanding organizations, such as the Coast Guard Auxiliary, the power squadrons, the American Red Cross, the Boy Scouts, National Safety Council, boat and yacht clubs, as well as NAEBM, Boating Industry Association, and many other industry and public groups. To supplement these existing programs, NAEBM recommends that the U.S. Coast Guard appoint from among the many organizations now conducting such boating educational programs an advisory panel on education and training. It should be the function of this panel to review existing voluntary programs and to recommend steps to secure a higher degree of coordination, extension and intensification of safety education. This panel could likewise explore the feasibility of securing cooperation, perhaps, from insurance companies to extend lower premium benefits as an incentive to boatowners to utilize operator instruction, seamanship, and safety programs.

The CHAIRMAN. Would you yield at that point for a question? Do you people get together in the upper echelon like the Boating Industry Association, the Association of Engine and Boat Manufacturers, and the State boating administrators and boatowners administration? Do you ever have a meeting, such as once a year or something of that sort, where the people get together at the upper level?

Mr. THACHER. It seems to me, Mr. Chairman, that I spend half a year at one meeting or another, not necessarily on the plane you refer to, but certainly the BIA, and NAEBM and any other interested