quirement of the existing Motorboat Act that boats carrying passengers for hire must be under the charge of a licensed operator. The circumstances under which a license will be issued, suspended, or revoked, and other particulars of licensing administration will be left to the regulatory authority of the Secretary. Also, section 12 prohibits the use of any vessel or boat in violation of a provision of the Act or other regulation issued thereunder.

Section 13 authorizes a Coast Guard boarding officer, when discovering an especially hazardous condition upon the water because of a violation of the Act or regulations or standards issued thereunder, to require that the boat use be terminated until the hazardous condition has been corrected. The hazardous condition could be caused by a defect in the boat itself or a defect or deficiency in required associated equipment.

Section 14 deals generally with the Secretary's authority to require manufacturers to provide such information as may be necessary to ascertain that boats are being manufactured in accordance with promulgated standards. Subsection (b) of this section affords the manufacturer the protection of the Federal criminal code to preclude public disclosure of trade secret or similar information which is provided to the Secretary in confidence.

Section 15 requires boat manufacturers who become aware of safety defects in boats previously sold or distributed to take action to notify the purchasers, or the dealers through whom the boats were sold, and the Secretary of the defects and how they can be corrected.

Section 16 (a) derives from and tracks the existing provision in the Motorboat Act relating to rendering assistance in collisions. The duty is imposed on the operator of any vessel which is involved in collision, accident or other casualty. Subsection 16(b) is intended to clarify that one who assists at the scene of a casualty may only be liable in civil damages for injury or damage alleged to result from his negligent assistance rather than some lesser or different standard of care.

Section 17 and following sections, through section 23, pertain to the numbering of vessels, and include with some modification all of the substantive content of the existing Federal Boating Act of 1958. Section 17 defines the vessels to which the numbering provisions pertain. Several changes in the existing law have been made. First, numbering requirements have been extended to vessels with propulsion machinery of less than 10 horsepower. Second, the language "equipped with propulsion machinery of any type" replaces the previous statutory language "propelled by machinery" to obviate the issue so frequently raised concerning whether a boat not being operated at the moment by machinery comes within the purview of the statutes. Use of the word "vessel" throughout the following sections is because of the specific and particular definition of the word "boat" contained in the general definition section of the bill.

Section 18 directs the Secretary to establish a standard numbering system and provides that the Secretary shall issue numbers for vessels in states where a state system is not in existence.

The section also provides that a state may submit to the Secretary a numbering system for vessels and if the system is in accord with the system established by the Secretary and the other provisions of this act relating to numbering and casualty reporting, the Secretary shall approve it. When the Secretary has approved a state numbering system, the state is the "issuing authority" within the meaning of this Act.

Subsection 18(b) provides that an existing state numbering system may continue in effect after enactment of this bill for a period not to exceed two years. The burden of change imposed upon a state is relatively slight inasmuch as this bill does not significantly change the existing law except with regard to the requirement for numbering of vessels under 10 horsepower.

Subsection 18 (c) provides that when a boat is numbered in the state of principal use, the Federal requirement is satisfied and the number's validity continues though used temporarily in any other state.

Subsection 18 (d) continues the requirement for a 90 day grace period when a numbered boat is moved to a new state of principal use.

Subsection 18(e) requires that at the inception of a state system a state must continue to recognize a Federal number previously issued in that State for a period of at least one year or until the Federal certificate's normal expiration.

Subsection 18(f) continues the authority of the Secretary which now exists under law, 46 U.S.C. 527a (h), to withdraw his approval for a state system which does not continue to satisfy the Federal requirement.

Section 19 permits the Secretary and the states, when they are issuing authorities, to exempt vessels from the numbering requirements.

Section 20 requires that a certificate of number be carried on board a vessel. A change is made in the existing law in that small vessels used in a boat livery business under some circumstances need not have the certificate on board. This is an attempt to correct a situation which has been long complained of by boat livery operators, that it is impractical for them to keep the certificate of number in rental boats. The section permits the issuing authority to direct how boats which do not have the certificate of number on board are to be identified while in use and othewise to regulate procedures which may be considered appropriate under the circumstances.

Subsection 20 (b) continues the existing requirements of the 1958 Act, 46 U S.C. 5276, to notify the authorities upon sale, transfer, destruction or abandonment of a boat.

Section 21 continues the requirement that the number be displayed on each side of the bow of the vessel. The last sentence which precludes the display of any other number on the bow of the vessel is not interperted as prohibiting the current use by some states of small numbered decals in the vicinity of the permanent number to indicate current validity.

Section 22 contains the authority now in Federal Boating Act of 1958, 46 U.S.C. 527a (c) (11), for states to require "safety certificates".

Section 23 creates a general regulatory authority, both for the Secretary and the states when they are issuing authorities, necessary to implement the sections of the bill dealing with numbering and casualty reporting. It also prohibits the imposition of terms and conditions for numbering which are not defined in the Act or in the implementing regulations of the Secretary.

Section 24 provides that the issuing authority shall honor reasonable requests from boat or equipment manufacturers for boat numbering and registration information which is available and retrievable from state records. The requesting manufacturer must satisfy the issuing authority that the information he seeks is for, or relates to, a boating safety purpose; and he will be obligated to pay to the issuing authority the cost of retrieving and furnishing the information by the latter.

Section 25 states the Federal purpose and intention of encouraging greater state participation in boating safety by permitting Federal financial assistance to State programs which have been accepted by the Secretary.

Section 26 defines the requirements for state programs in order for a state to qualify for Federal financial assistance. It requires: first, a state numbering system; second, that a state, in effect, enact the Model State Boat Act; third, some reasonable enforcement activity by a state; fourth, that the state authority or agency which will administer the program be designated; and fifth, it provides that the state shall make such reports as the Federal government shall require. Subsection (b) is included to suggest that what the Federal government requires in order to establish eligibility for Federal financial assistance is not necessarily the ultimate answer to boating safety.

Section 27 defines the manner in which Federal funds will be allocated among the eligible states. The section provides that for the first two fiscal years after enactment of the bill fund allocation will be based in the number of boats which have been numbered under existing boat numbering systems. Though some state systems now require the numbering of all motorboats the allocation has been keyed only to the existing Federal requirement that boats of more than 10 horsepower be numbered so that the allocation for each state will derive from a common base. In subsequent years the money will be allocated in proportion to the amount of state funds which are expended for boating safety as compared to the total expenditure of all states which elect to participate in the program. The presumed advantage of such an approach is that state expenditures will and should logically bear some relationship to the many and diverse factors which affect boating safety; for example, the number of boats, the type of boats, the type of boating activity, the nature and interests of the boating public, the water areas of a state, the climate and weather of the locale. This section additionally permits the allocation of not to exceed 5 percent of funds appropriated in any given year to national public service organization which can make contributions through the expenditure of these funds for boating safety.

Section 28 defines certain allocation limitations. In fiscal year 1972 the Federal grant money allocated to a given state may not represent more than 75 percent of the total cost of that state's program for that year. A state must expend for

boating safety at least one dollar of state money for every three dollars provided by the Federal government. In the following four fiscal years the state share must proportionately increase each year to sustain a level Federal contribution. The Federal share may not exceed 66% percent in 1973, 50 percent in 1974, 40 percent in 1975 and 33% percent in 1970. In any case, not more than 5 percent of funds available in a given year may be allocated to any state. Money allocated to a state in any fiscal year would be available to the state over a period of three years following that allocation. If a state has not at least obligated the money in that period; the Secretary may retreive it and utilize it with other allocation money in subsequent years. The section also provides that any unallocated funds in a given fiscal year may be carried by the Secretary for the allocation of subsequent years.

Section 29 authorizes the Secretary to prescribe regulations which will define precisely the items which a state may include in its computation of state funds expended or obligated. Some of the types of expenditures to which the Secretary's regulations must be directed are enumerated in a general way in this section. Finally, the Secretary is granted the authority to resolve any possible disputes which arise regarding the computations.

Section 30 authorizes the appropriation for grants during five fiscal years, 1972 through 1976, of $5,000,000 each year.

Section 31 details the procedural aspects for allocating money to the states. The section permits the Secretary to terminate Federal funds to a state when the state boating safety program no longer complies with the requirements of the act.

Section 32 authorizes the Secretary in carrying out his responsibility under this act to consult with the Federal, State, and local governments, public and private agencies, private industry, and other persons having an interest in boating safety. Also, the Secretary is authorized to advise and assist states and others interested in boating safety in planning, development and execution of boating safety programs. The section encourages the cooperative law enforcement agreements in which the Coast Guard has already been engaged. Finally, this section authorizes the Coast Guard to make available upon request from a state the Coast Guard Auxiliary to assist the state in promotion of boating safety on internal waters of the state.

Section 33 provides for the establishment of a National Boating Safety Advisory Council which would be available to assist the Secretary on matters affecting boating safety. As indicated by section 6 the Secretary would be required to consult with the Boating Safety Advisory Council before any boat or equipment safety standards under section 5 are promulgated.

Section 34 provides a criminal penalty of $10,000 or 5 years imprisonment, or both, for willful violations of the subsection of the act dealing with manufacture in accordance with safety standards. Additionally, it provides a criminal penalty of $1,000 or imprisonment of 1 year, or both, for all other willful violations of the act or the regulations issued thereunder. In this latter situation the maximum penalty was established so as to be wholly within the jurisdiction of Federal magistrates as defined in the recent act on that subject, Public Law 90-578.

Section 35 deals with civil penalties. It provides in addition to any criminal penalties a civil penalty of $1,000 for each violation to a maximum of $50,000 for violations of the provisions relating to manufacture in accordance with standards. This section also provides a civil penalty in addition to any criminal penalty, of not more than $500 for other violations of the act or regulations issued thereunder. In cases involving the use or operation of a vessel, other than those vessels enumerated in section 4 (c), the vessel is liable for the penalty. The Secretary is given complete latitude in the use of civil penalties because he is authorized to remit, mitigate, or compromise any civil penalty. Finally, this section provides that civil penalties which have been assessed in an amount not more than $200 may be referred to a Federal magistrate for collection. The recent Federal Magistrates Act suggests some participation by Federal magistrates in procedures related to civil actions when so authorized by the judges of the local Federal district court. An attempt has been made here to extend, or at least permit, that participation to the exercise of a civil penalty collection jurisdiction.

Section 36 authorizes injunctive proceedings to restrain the sale or importation of boats or equipment which do not comply with Federal boat safety standards. Section 37 contains the authority for the Secretary to prescribe a standard

vessel casualty reporting system for the boats and vessels subject to this act. This section derives from the 1958 Federal Boating Act, 46 U.S.C. 5261 (c). The section requires that state vessel numbering systems and boat safety programs shall include provisions for the reporting of casualties and which are consonant with the overall reporting system prescribed by the Secretary. The section parallels existing law in requiring the Secretary to collect, analyze, and publish statistics, information and reports relating to boating casualties.

Section 38 is the authorization for appropriation of Federal funds for the administration of the act.

Section 39 contains the miscellaneous provisions pertaining to the technical implementation of the act. Section 7 of the Motorboat Act of 1940 is repealed in its entirety inasmuch as the complete substance of that section is effectively replaced by subsection 12(e) of this act. The Federal Boating Act of 1958, except section 6 which pertains to amendment of the 1940 Motorboat Act, is repealed. Inasmuch as the Federal Boating Act of 1958 is repealed, the Act of August 30, 1961, 75 Stat. 408, which amends that act is also repealed. Also, the Act of March 28, 1960, 74 Stat. 10, which amends section 6 of the Federal Boating Act of 1958, which in turn amends the Motorboat Act of 1940, is repealed; and the substance of that 1960 amendment is contained in subsection (b) of this section. That subsection continues the substantive provisions which were contained in the 1960 amendment but with changes to make the major portions of the 1940 Motorboat Act inapplicable to boats as defined in and subject to this act.

Hon. EDWARD A. GARMATZ,

DEPARTMENT OF THE NAVY,
OFFICE OF LEGISLATIVE AFFAIRS,
Washington, D.C., March 3, 1970.

Chairman, Committee on Merchant Marine and Fisheries,
House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: Your request for comment on H.R. 15041, a bill, "To provide for a coordinated national boating safety program," has been assigned to this Department by the Secretary of Defense for the preparation of a report expressing the views of the Department of Defense.

The purpose of this bill is to improve boating safety and to foster greater development, use, and enjoyment of all the waters of the United States by encouraging and assisting in the development of more comprehensive boating safety programs. It authorizes the establishment of national construction and performance standards for boats and associated equipment and creates more flexible regulatory authority concerning the use of boats and equipment. Additionally, it encourages greater and continuing uniformity of boating laws and regulations as among the several States and the Federal Government by promoting a higher degree of reciprocity and comity among the several jurisdictions and closer cooperation and assistance between the Federal Government and the several States in developing, administering, and enforcing Federal and State laws and regulations pertaining to boating safety.

The Department of the Navy, on behalf of the Department of Defense, defers to the Department of Transportation as to the merits of this bill.

This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense.

The Bureau of the Budget advises that, from the standpoint of the Administration's program, there is no objection to the presentation of this report on H.R. 15041 for he consideration of the Committee. For the Secretary of the Navy. Sincerely yours,

JOHN D. H. KANE, Jr., Captain, U.S. Navy, Deputy Chief.

Hon. EDWARD A. GARMATZ,

U.S. DEPARTMENT OF THE INTERIOR,

OFFICE OF THE SECRETARY, Washington, D.C., March 20, 1970.

Chairman, Committee on Merchant Marine and Fisheries,

House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: Your Committee has asked for the comments of this Department on H.R. 15041, a bill "To provide for a coordinated national boat

ing safety program”, which would be cited as the "Federal Boat Safety Act of 1970".

This Department endorses the objectives of H.R. 15041 and recommends its enactment, if revised as we suggest, in lieu of H.R. 1069 or H.R. 1125, also pending before your Committee.

The subject bill, introduced at the request of the Department of Transportation, comprises a consolidation and revision of existing small boat safety legislation, including the Motorboat Act of 1940 and the Federal Boating Act of 1958, as amended. H.R. 15041 would declare it to be the policy of Congress and the purpose of the Act to improve boating safety and to foster greater use and enjoyment of all the waters of the United States by encouraging and assisting participation by the several States, the boating industry and the boating public in development of more comprehensive boating safety programs; by authorizing establishment of national construction and performance standards for boats and associated equipment; by encouraging more uniformity in State and Federal boating laws; and a higher degree of reciprocity and cooperation among the several government jurisdictions.

The bill would provide for Federal regulations and minimum safety standards to be established by the Secretary of the Department in which the Coast Guard is operating, for inspections, for numbering of certain vessels, and for allocation of funds to States to encourage their development of boating safety programs. It includes a substantial extension of Federal regulatory control over the construction and outfitting of small boats (not more than sixty-five feet in length and used primarily for noncommercial purposes) and would establish a National Boating Safety Advisory Council with representatives from the various levels of government, boat and associated equipment manufacturers, boating organizations and the general public. It would establish criminal and civil penalties for violation of the Act, and a uniform vessel casualty reporting system. In short, the bill provides for a comprehensive and coordinated FederalState undertaking to cope with the rising number of small boat accidents. A more specific section-by-section analysis of H.R. 15041 was submitted with its draft by the Department of Transportation.

Non-commercial boating is becoming an increasingly popular form of outdoor recreation, as attested by the number of such boats now in use (approximately 8.4 million) and a weekly increase of 4,000 units. Safe operation of these craft depends not only upon the manner in which they are constructed or equipped, but also upon the skill with which they are operated. We are advised that only half the boats now in use are registered, and that 51.8 percent of drowning victims in 1968 failed to make use of lifesaving equipment to which they had access. These statistics underscore the need for a two-pronged approach to the problems of boating safety, which we believe to be the intent of H.R. 15041. Its enactment would have a clearly beneficial impact upon the safe recreational use and enjoyment of the Nation's waterways.

With respect to specific provisions of H.R. 15041, we offer the following suggestions:

Section 5(b) (2): Although this section exempts from substantial alteration any existing boat or associated equipment, it may be necessary for boats and equipment to be altered for compliance with the sewage discharge requirements of H.R. 4148, if enacted. Accordingly, we recommend that the subject bill be made explicit in requiring consistency with other laws and regulations which may be applicable, by adding a new subsection 5(b)(3) as follows:

"(3) shall be consistent with such other laws and regulations as may be applicable to boats and associated equipment, including, but not limited to, laws and regulations governing the installation and maintenance of sanitation equipment."

Section 6(1): requires the Secretary to "consider" the need for regulations and standards and the extent to which such regulations or standards will contribute to boating safety. A similar instruction with respect to the issuance of regulations appears in section 5(a) (1), and the repetition may not be necessary. Section 12(d): would proscribe the use of vessels in a “negligent manner so as to endanger the life. limb, or property of any person". However, in prescribing a criminal penalty for violations of this prohibition, section 34 (c) refers to persons using such vessels in a "grossly negligent or reckless manner". We recommend on page 26, lines 15 through 18, that section 34 (c) be revised to read:

"Any person who uses a vessel in a grossly negligent or reckless manner so as to endanger the life, limb, or property of any person shall be fined not