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RECREATIONAL BOAT SAFETY

THURSDAY, MAY 21, 1970

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON COAST GUARD, COAST AND
GEODETIC SURVEY, AND NAVIGATION, OF THE
COMMITTEE ON MERCHANT MARINE AND FISHERIES,

Staten Island, N.Y.

The subcommittee met at 9:10 p.m., pursuant to notice, in the auditorium, Staten Island Community College, Staten Island, N.Y., Hon. Frank M. Clark (chairman of the subcommittee) presiding. Mr. CLARK. The committee will please come to order.

Chairman Garmatz, from Maryland, and I introduced this bill, H.R. 15041, on December 2, 1969, and it is the latest in a series of bills dealing with legislation to provide a coordinated national safety program to reduce boating accidents. There are now between 8 and 9 million small boats in the United States and this number is increasing at the fantastic rate of about 4,000 a week. The statistics for 1969 indicate that there were 1,350 fatalities last year resulting from boating accidents and that there was approximately $6.37 million in property damage. We are convinced that this is a situation which requires

attention.

H.R. 15041 would establish safety standards applicable to boats. and associated equipment and would regulate the use of safety equipment on board boats. It would authorize the Secretary of Transportation under certain conditions to approve more comprehensive State boating safety programs and to make grant-in-aid to encourage State participation and to assist in the program development and implementation. To this end, there is a recommended authorization of appropriations of $5 million a year for 5 fiscal years beginning in 1972 for a grant-in-aid program. In addition, the bill would establish a Boating Safety Advisory Board or Council.

The subcommittee held hearings on this important legislation on March 23 and 24 of this year when we heard congressional and governmental witnesses. Beginning now, it is our intention over the next month or so to have hearings in various boating centers of the United States where all segments of the industry can be heard and in which individuals, through their representatives, can express their views with respect to the need for changes in the boating act not only to produce greater safety but greater convenience for the recreational boat owners. This is why we are here tonight in Staten Island.

At this time, I would like to defer some of my comments and introduce your friend and my good friend and colleague, Congressman John Murphy, the Representative of the 16th District, who is now in his fourth term and who serves on the Interstate and Foreign Com

merce Committee and the Merchant Marine and Fisheries Committee and who is a champion of the American marine and fisheries industries and also the Coast Guard and is a member of the Board of Visitors of the Merchant Marine Academy at Kings Point. He is a lieutenant colonel in the Army Reserve. He is a great Congressman who has made many friends in Congress and, I should add, that this is one of the reasons why we are here. Because of the problems in this area that he has been very much aware of, he has asked me to come up here with this committee to try to get your views so that we can go back to Congress and get a bill that will be not only good for the United States, but also good for his district.

I would like to introduce to you now the Honorable Congressman Murphy of this area.

Mr. MURPHY. Thank you, Congressman Frank Clark. I certainly appreciate your taking the time and bringing the committee and the committee staff to Staten Island.

I would like to introduce the committee staff. Bob Ables, on the left of the main table, is the chief counsel and staff director of the Merchant Marine and Fisheries Committee and, of course, the Coast Guard Subcommittee is part of that committee.

Ernie Corrado, on his right, is the counsel on the committee, who will be directly charged with this legislation and, of course, the legislative history of it.

James Larocca, a Navy lieutenant, ex of about 15 months ago, is on my right. He is on my staff and working directly on boat safety.

New York State has over 400,000 licensed boats. The city of New York has more licensed boats owned and operated by its residents than any other area in the United States, perhaps in the world.

We know that boating safety is important. Of course, I wanted to be sure that the people of this district, the most populous boating district of the United States, had an opportunity to have a hearing in their area and have the opportunity to voice their sentiments on H.R. 15041.

Congressman Clark mentioned that 1,350 Americans were killed in boating accidents but 5,000 others were seriously injured and property damage totaled more than $30 million.

Boating safety is a complex problem, and depends on training, equipment, education, design, and similar considerations, and I am sure that the witnesses will get into these considerations. It is clear, however, that millions of Americans take to the Nation's waterways in pleasure boats with little training or education. We certainly simply must develop more comprehensive safety programs to protect against the grim statistics of recent years.

Vessel capsizings have accounted for more lives lost than any other type of boating accident. The great majority of these capsizings are directly attributable to operator negligence.

Incidentally, operator negligence leads all fields in the statistical study of boating fatalities.

Falls overboard and vessel floodings are the second and third major types of accidents resulting in fatalities. Here, again, faulty judgment on the part of operators is indicated as the chief cause of these disasters. Improper loading of vessels, lack of concern for weather infor

mation, and careless and reckless handling of vessels at landings and docks are among the chief failings of vessel operators.

We had a fatality where the boat operator was under nine years of age.

It is obvious, then, that any program to improve boating safety must incorporate effective training for boat operators if it is to succeed in saving lives on the water.

Over half the vessels reported in accidents were involved in collissions, and these collisions accounted for many of the personal injuries and fatalities reflected over the 1965 to 1969 period. Water skiing, and fires and explosions also contributed substantially to these injury figures.

This legislation before the members of this subcommitee addresses itself to these problems, and, hopefully, will provide us with a comprehensive program for improving boating safety in the future.

Tonight we will hear from boating industry experts, and from boating citizens. I am sure their testimony will provide us with the guidance needed to develop and refine and improve the Federal Boat Safety Act of 1970.

I appreciate Chairman Frank Clark and the committee staff coming here tonight. As we all know, Staten Island and the New York metropolitan area is the boating center of the United States. Any pleasant summer day in the harbor you will see sailors aboard everything from sleek, ocean-racing sailboats to sturdy, man-powered rowboats enjoying the special pleasures of getting out on the water. We must insure their safety.

We will now go to witnesses, Frank, and I think the first witness will be Ray Irons, of Staten Island, who has been deeply involved in pleasure boating activities here in this port for many years. He is a past commodore of the Richmond County Yacht Club, is active in the U.S. Coast Guard Auxiliary and a member of the U.S. Power Squadron. Ray is a staff engineer with Mobil Oil Co. and a graduate of West Virginia University.

It is a pleasure to have Mr. Irons with us tonight to give us the benefit of his comments and views on the Federal Boat Safety Act of 1970.

Mr. CLARK. Ray, we are very happy to have you with us this evening.

While you are getting to the podium, I would like to tell the audience that we are very sorry that we are late this evening and that so many have left ad are now just drifting back in. We had two very important votes on the House floor this afternoon and this evening which we could not miss. Congressman Murphy and I just could not miss these two votes; we could not miss either one of them. One was social security and one was what I say is the most terrific maritime bill which will revitalize the shipping industry not only in this area but all over the United States, the first such program, or course, which we have had for many years.

We are very happy to have you with us, Ray, and we want your sound advice. Give your name and mailing address, if you will, and your telephone number, so that we can get back to you.

STATEMENT OF C. RAY IRONS, GREAT KILLS, STATEN ISLAND, N.Y.

Mr. IRONS. Mr. Chairman, and members of the committee, and ladies and gentlemen, my name is Ray Irons, and I live on Staten Island. My address is 105 Howton Avenue, in Great Kills. My phone number is 984-8313. I work for the Mobil Oil Co., and I am appearing tonight not representing any of the boating organizations that I belong to. I am appearing merely as a private boating citizen.

With only a very few exceptions, I am very much in favor of H.R.

15041.

Its stated purpose is to improve boating safety and the use and enjoyment of the waters of the United States.

No one could fault such an objective.

I particularly endorse the provisions relating to uniformity in States' boating laws and reciprocal licensing arrangements.

The bill also promotes the expansion of educational courses and contains provisions to protect the boatman as he purchases a boat or related equipment.

It would seem that one inevitable result of H.R. 15041 would be an upgrading of the average quality level of boats and marine equipment. It should logically follow that improved quality will result in higher prices for such equipment.

I certainly favor the establishment of safety performance standards, but when unnecessary burdens are placed on a manufacturer, such increased costs can only be passed on to the consumer.

I am opposed to the requirement that manufacturers shall maintain records and be subjected to inspections to substantiate that he is building good equipment.

Such a big brother attitude is inconsistent with the policy stated in section 5, that boating safety standards shall be stated, insofar as possible, in terms of performance.

Tests of the fished product, therefore, instead of the invasion of privacy required to inspect records, manufacturing procedures and assembly methods should be sufficient to determine if a product complies with the applicable standards.

I most heartily endorse the intentions of the bill's authors to promote safe boating education.

I must disagree, however, with the proposal to spend $25 million of Federal moneys over the next 5 years for this laudable purpose. As the boating public increases in numbers, so do the members of those nonprofit organizations who are dedicated to safe boating education.

Additionally, I feel that such programs as licensing, education, patrolling and enforcement should be self-sustaining.

If additional funds are needed for administration or expanded educational programs, they should be made available from licensing fees. I would imagine, too, that even the administration of a program to disburse $25 million to 50 States in an equitable manner would cost a sizable percentage of that sum.

Perhaps I have given the impression that I feel H.R. 15041 goes a little too far in some directions.

I would like to balance this impression by saying I believe it does not go far enough in another direction.

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