have one particular piece outside from a fiberglass boat. The owner, a 155 pound man, stepped down 3 feet off the dock. I witnessed this, incidentally, in a claim assignment. He didn't jump on the deck. His leg went down. His leg went through the foredeck. He broke his knee and the boatyard people together with the rescue people had to use a saber saw to cut his foot out. The bracing was a piece of corrugated cardboard, five layers, glued underneath, and fiberglassed in. The industry is being told that each manufacturer is building to the best of his ability. They are not. Mr. CORRADO. Thank you, Mr. Chairman. Mr. CLARK. Thank you very much. We have with us a representative from the New York State Conservation Department, Division of Motor Boats, Mr. Edward Bevelander, who will speak on behalf of Mr. James J. O'Brien, the State director. For the record, would you please state your name and address, sir? STATEMENT OF EDWARD BEVELANDER, REGIONAL SUPERVISOR, NEW YORK STATE CONSERVATION DEPARTMENT, DIVISION OF MOTOR BOATS, MELVILLE, N.Y., ON BEHALF OF JAMES J. O'BRIEN, DIRECTOR OF THE DIVISION OF MOTOR BOATS OF THE CONSERVATION DEPARTMENT OF THE STATE OF NEW YORK Mr. BEVELANDER. My name is Edward Bevelander. I am regional supervisor of the metropolitan region. I represent Mr. James J. O'Brien, director of the Division of Motor Boats. He regrets not being able to attend the meeting. He is at a meeting of boating administrators and pursuing that all week. I will do my best to represent him at this meeting. If you will allow me, I will read a statement from Mr. O'Brien. Mr. CLARK. You may do so. Mr. BEVELANDER (reading): I am James J. O'Brien, Director of the Division of Motor Boats of the Conservation Department of the State of New York. I have served in this capacity since the beginning of the Division in October, 1959. I have assisted in the formation and adoption of its policies, procedures, and programs. The Division of Motor Boats is responsible for all boating programs in the State of New York, including the following: The registration of mechanically propelled vessels; the education of all children between the ages of 10 and 14 in boating safety principles who wish to operate alone; the inspection of passenger carrying vessels on the inland waters of the State and the licensing of their operators; the disbursement of boating information to the general public; the authorization and approval of regattas and marine parades; the placement of aids to navigation, whether they be private or public, as well as approved for the placement of all other floating objects. Another responsibility is the construction and development of all marine facilities, such as harbors of refuge, boat launching sites, marinas, etc. in cooperation with the Federal government local government or alone as a state agency. The Division attempts to explain its program and public responsibility by the use of leaflets, brochures, advertising in both newspapers and magazines, radio and television, and participation in boat shows throughout the State. The Division is also responsible for the review and approval of all local ordinances that deal with boating. These few comments appear to be adequate to acquaint you with the scope and breadth of the Department's responsibility as it relates to boats and their operation. If any additional detail is desired I shall be happy to provide it for you. I wish to express my views (the State's point of view) regarding several topics that are being discussed by government, industry and the boat owners as wellsuch as licensing of operators, education, enforcement, standards of safety and aids to navigation. LICENSING OF OPERATORS The licensing of operators appears to be an administrative tool designed to assure the administrator and the State that the applicant has a basic knowledge of the required facts. It is also a legal device for restricting and limiting a boat operator when he has abused the privilege or authorization granted to him. Although the two factors are beneficial and most certainly would be useful in the administration of a boating program, other criteria must also be considered: (1) The cost of such a program would be considerably in excess of the income derived. (2) State subsidization of such a program would be required. (3) Statistics have repeatedly indicated that despite the growth of boating— and its growth has been phenomenal-accidents and deaths have not risen proportionately. As as matter of fact, in some years they have dropped. (4) There is certainly no guarantee that placing such a restriction on the boatman will bring about the desired results. It is my opinion that such a restriction should not be adopted at this time, but that such a restriction should wait until additional study has indicated its need. EDUCATION There are many excellent boating programs in this State and the nation, 'conducted by non-profit, unselfish organizations, such as the United States Power Squadrons, the Coast Guard Auxiliary, and the Red Cross. These programs are generally conducted free of charge by volunteer instructors for anyone wishing to take them. In our State we also conduct a Boating Safety Course for all children between the ages of 10 and 14. The State course is compulsory if the youngsters wish to operate alone. A certificate of completion must be carried on board at all times during operation. The program is provided free of charge by volunteer instructors throughout the State. It is carried via television, utilizing 13 one-half hour programs. It is currently being beamed by stations in five cities of the State. Notwithstanding all our efforts, the number of new boatmen annually exceeds the number taught. We are, therefore, falling further behind each year. Our efforts must be increased if we are to have an informed boating public. ENFORCEMENT Enforcement of the Navigation Law in this State is carried out by a small staff in the Department, the New York City Police in the Metropolitan area, the Nassau and Suffolk County police in this area, and by the Sheriffs and their deputies in most other counties. In some counties that do not have formal county patrols, the law is enforced by city, town or village police. The New York State Police is also becoming more active in the enforcement of this law. State aid is provided at the rate of 50 percent of the amount expended, at not to exceed $50,000 annually per county. In all areas where the Coast Guard has concurrent jurisdiction, there is the fullest cooperation, with a give-and-take of information and utilization of men and facilities. In some areas of the State enforcement of the Navigation Law is excellent; in others it could be considerably better. Steps are being taken to bring this about. NAVIGATION AIDS This State, several years ago, embarked on a detailed study of the proper shape, size, construction and materials for aids to navigation. We are following the national pattern used by the Coast Guard, with red cans and even numbers and black cans and odd numbers, designating specific sides of the channel. Five of our largest lakes have already been marked and charts of the location are being prepared. It is the State's intent to expand the program until all of the waterways of the State that require marking for pleasure boat use are covered. This program will be carried out cooperatively with the Coast Guard on those waters currently under their jurisdiction. STANDARDS OF SAFETY AND EQUIPMENT It is my understanding that the proposed Federal Boating Act of 1968-H.R. 15223-places the responsibility for development of standards of safety of boat construction and equipment with the Secretary of the Department of Transportation. It is expected that this portion of the Act will be administered by the United States Coast Guard. It is also my understanding that standards so developed would be applicable to boats using the navigable waters of the United States. All waters in the United States are not navigable waters of the United States. There are many other waters in our State and other states on which such should be equally applicable. Two standards of safety should not be used. It is, therefore, my opinion that the standards developed should be jointly adopted and recommended by the United States Coast Guard and the boating administrators of the various states working through the National Association of State Boating Law Administrators, both working in close cooperation with the American Boat and Yacht Council. The American Boat and Yacht Council is an organization representative of industry, government and the public sector. Only through such a cooperative effort will the standards developed be fair, meaningful, acceptable and enforcible. Another part of H.R. 15223 provides for the payment of Federal aid to states having approved programs such as enforcement or education. Our State is wholeheartedly in accord with this approach and requests that the state aid be assigned on the basis of reasonable criteria mutually agreeable to the states and the Federal Government. At your last meeting in Washington, Coast Guard-State relations and agree ments were thoroughly discussed. Since that time New York has signed a formal agreement with the United States Coast Guard relative to enforcement. A similar agreement is being reached relative to the conduct of regattas, and a third is being considered concerning aids to navigation and their placement. I have served as Chairman of the Advisory Panel of State Officials to the Merchant Marine Council of the United States Coast Guard since 1961. In my capacity as Chairman, and as administrator of boating in the State of New York, I have worked closely with the United States Coast Guard, both at the Washington level and in the Third and Ninth Coast Guard Districts, to develop a uniformity of approach to law, equipment, aids to navigation, special purpose markets and other matters. We have consistently worked towards full reciprocity among states wherever possible. Model acts have been prepared concerning various matters. This was done to provide a legal guide for the adoption of legislation similar to that adopted in other states. I can assure you that our association with the United States Coast Guard over the years has been pleasant and rewarding. I thank you for the opportunity afforded me to address your distinguished body. I hope I have contributed to your quest for meaningful information and I assure you of our continued cooperation to promote fair, needed legislation that will permit this sport to reach its growth potential safely. I shall be hapy to answer any questions to the best of my ability concerning any statements I have made, or any other questions in the boat safety field with which I am familiar. Mr. CLARK. Thank you very much. Do you have any questions? Mr. GROVER. No, Mr. Chairman; I have no questions. I might cite to the gentleman that we did have one of his colleagues at one of our Washington hearings, and did get into the specifics of the bill H.R. 15041, and do have on the record Mr. O'Brien's comments, so that I think in the interest of time we can dispense with any questions. Mr. CLARK. Thank you very much. We are going to keep the record open for 5 days so that anyone who would like to submit a statement may do so. The meeting is adjourned. Mr. GROVER. Mr. Chairman, before adjournment, could I just extend my thanks and the thanks of the committee on your behalf to Supervisor Barnett in making this hearing room available today. The supervisor has a very active recreational program going on in the town, I think one of the finest in the State or in the country, which involves some town-owned marinas in which he has already expressed his concern for safety legislation. Put that on the record that I express my thanks to the supervisor. Mr. CLARK. Thank you, Mr. Grover. Thanks to all of you for coming and lending your support to this bill in one way or another. The meeting is adjourned. (Whereupon, at 12:10 p.m., the subcommittee recessed, subject to call of the Chair.) RECREATIONAL BOAT SAFETY SATURDAY, MAY 23, 1970 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON COAST GUARD, COAST AND GEODETIC SURVEY, AND NAVIGATION, The Subcommittee on Coast Guard, Coast and Geodetic Survey, and Navigation met on May 23, 1970, at 11 a.m., at the Richmond County Yacht Club, Staten Island, N.Y., Hon. Frank M. Clark presiding. Mr. CLARK. We held informative hearings on H.R. 15041 here in Staten Island at the Community College Auditorium, May 21. We also held another hearing on this bill yesterday, May 22, at North Lindenhurst, Long Island. We are meeting here this morning to pick up the testimony of several witnesses who were not heard the other evening. The first witness is Mr. George A. Dawson. STATEMENT OF GEORGE A. DAWSON Mr. Dawson gave his address as RD 2, Cranbury, N.J. He pointed out that he was a boat owner, a member of the Raritan River Boat Club; U.S. Power Squadron, S.I.; and the U.S. Coast Guard Auxiliary. Mr. Dawson spoke at some length on the problem of the evaluation of materials in boats, specifically the new boats constructed of fiberglass and aluminum. He pointed out that you cannot tell the durability of these materials the way you can with wood. He commented on the necessity of having standards for safe boat construction with an approval medallion which would indicate adherence to these standards. Mr. Dawson pointed out the following two criteria which a boat should have for safe use: 1. It should float upright; 2. it should have sea-keeping qualities. He went on to say that boats of today only marginally meet these criteria. He said that frequently boats are of very weak construction. He again talked about the necessity of a visible medallion on the boat to attest to the fact that it will float upright. With respect to his comments concerning boat standards, Chairman Clark and Mr. Corrado pointed out to him that section 5(a) of H.R. 15041 would require the boating manufacture standards which he felt were most necessary. Mr. Dawson next spoke of the necessity of and the problems concerning boating safety educational programs. He focused specifically on the need for places to meet and teach boating safety and other matters. |