It will pay handsome dividends. At a time when much of the boating business is in a slump, a West Coast manufacturer of boats is enjoying a tremendous boom. He has set up safety requirements including equipment for all who use his boats. Perhaps the public appreciates a return to sanity and safety? There is no "fun" and there is no "sport" in a senseless drowning that orphans children or a broken back or dismemberment that saddles both the community and the family with a person crippled for life.

Meaningful, strong, legislation will keep it in the category of a pleasant experience rather than a haunting nightmare (even to those who do survive a boating accident!). I hope for the passage of S 3199 and HR 15041 with a general tightening up of the obvious loose ends.

Thank you.

[From Boating, April 1970]

IT'S TIME FOR UNIFORM FEDERAL LAWS!

(The accident rate will keep climbing, says this boatman, until we have uniform national safety legislation-including operator licensing.-By Mitch Kurman)

Mitchell Kurman lost his son in a camp canoeing accident in 1965, and has since devoted much of his time and money to the promulgation of boating safety legislation. In 1967 he won the Safe Boating Award of the New England Marine Trade Association in recognition of his efforts to get basic safety laws passed in several state legislatures. He is widely credited with successfully promoting legislation extending the life preserver requirement to rowboats, canoes, and miscellaneous craft in New York State and Massachusetts.-Editor

There has been much talk recently-but pathetically little action-about updating present boating laws and perhaps making them reasonably uniform across the nation. Such clearly necessary and long-overdue legislation would actually benefit rather than hurt the boating industry, although some industry spokesmen do not seem to think so. Certainly the automotive industry has not been hurt by basic licensing, and the revenues derived have helped build our highways. The menace on our roadways is not entirely eliminated, but it is to a great extent under control-only because of licensing.

It is no feather in the cap of most of our state governments that literally anyone can buy and operate any boat, regardless of competence or even sanity, and whether or not he has any knowledge of the workings of the craft or even a basic knowledge of our waterways and Rules of the Road.

My own investigations in recent years have included some remarkable and tragic boating accidents, and consequences no less remarkable and tragic. In one case a speeding powerboat cut a smaller boat in half and two children were drowned. Although the operators of the powerboat were intoxicated at the time of the accident, nothing was done about it.

An operator of a rented diesel powerboat pulled into a marina to buy fueland didn't know the difference between diesel and gasoline, or that his boat was diesel-powered. In another rental boat, the operator didn't know which way to move the throttle to slow down, accelerated when he meant to slow down, and climbed up a launching ramp, tearing the bottom out of the boat and the lower unit off the engine. It could have been much worse!

In Connecticut, an elderly dentist was enjoying a swim when a young woman in an outboard-powered boat sped into the swimming area. The dentist's shoulder was ground off by the propeller and he died from the injuries. In the same general area a small boat with five children aboard left the dock in spite of the harbormaster's warning about weather conditions. There were two life preservers aboard. The two children who had the life preservers survived when the hoat was driven onto a reef: The other three died. Yet under present laws the harbormaster was powerless to stop them from going out, or even to insist that they all have life preservers.

Newspaper reporter Bud Reiner, knowing of my attempts to get simple safety legislation enacted, joined me at Westport, Conn., for a day aboard my boat, to see at first hand how a small boat is handled. A mile offshore we found a large cruiser high and dry on a reef at low tide, with a police boat standing by to be sure the passengers were all right and to help get the boat off when the tide came in. But no boat of that size had any business in that area, even at high

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On our way home we found a sailing catamaran out of Longshore Boat Basin capsized. Fortunately, Longshore Boat Basin has a rule that all aboard small sailboats wear life preservers, and this rule may well have saved this crew.

Many small boats are unsinkable-but people aren't, and if you go overboard unexpectedly, it's almost impossible to catch up with even a small sailboat. And most people cannot swim-statistics show that 50 percent don't swim at all, 43 percent swim poorly, and only 7 percent swim well. And even a good swimmer can have trouble swimming ashore from a mile out. To add to the argument for uniform national safety legislation, nearly 70 percent of all boating fatalities occur in small craft generally exempt from Coast Guard regulations.

The Coast Guard and the Coast Guard Auxiliary do an excellent job within their limited means. A boatman can take valuable courses under their direction and feel reasonably safe knowing his vessel, knowing how to read a chart and follow a compass course, and knowing the Rules of the Road. But what protects him and his family from a novice whose only qualification is his ability to pay for-or even just rent-a high-powered boat?

Everyone with any experience in boating could add to these examples I have mentioned and the casualty toll continues rising. Yet in the January 1970 issue of BOATING, on page 320, I read that Rear Admiral Joseph J. McClelland, Chief of the USCG office of Boating Safety, says the Coast Guard wants "minimum federal involvement" in boating law enforcement. (Emphasis added.) This is in keeping with President Nixon's decentralization goals-apparently the Nixon administration believes the anarchy on our waterways can be cured by fewer laws and fewer people to enforce them. And that's an outright avoidance of the problem.

Time, like the tide, is running out.

STATEMENT OF CAPT. C. S. TOWNSHEND, TOWNSHEND MARINE SERVICE

Mr. Chairman, Mr. Grover and Gentlemen, my name is C. Stuart Townshend and I am the President of Townshend Marine Service, engaged in Marine surveying and Admiralty Consulting. I am a retired ship master and Panama Canal Pilot. At present I am doing yacht surveying plus being retained for maritime consultation and testimony by law firms, Insurance Companies, Banks and Shipping firms for my opinion. I have 50 years in the maritime profession with my experience extending from the largest merchant ship and Naval Carrier to the smallest "Dink". I feel qualified to speak to you to-day on H.R. 15041.

I believe that boat builders have a self interest primarily in sales and their interest in safety has been negligible. Not deliberate but because of production costs, or, in many cases just a lack of knowledge as to what makes a sea-worthy craft. In spite of rules and regulations laid down by the Coast Guard Insurance Underwriters or the ABYC, many of the builders continue to ignore safety. To give just one illustration we will refer to the vast majority of boats built to-day that do not have the necessary ventilation cowls and ducts to clear out gas fumes from engine compartments, fuel tank areas or the cabin. There are many others, which are known to the profession. Then there is the details of shoddy workmanship and untested materials.

Now we must also take into account the ignorance of the average boat owner. The great majority who know little of boat safety do all their own maintenance and are on the waterways endangering the lives of others with their bombs and cracker boxes. Moma, Papa and the six kids plus maybe grandpa and with few or no life jackets, outdated fire extinguishers, electric bell wire hanging in the bilge, leaky windshields and ports, rusted out thru hull connections, stoves with no fire protection and so on. What I am proposing is that every person operating any size small craft, sail or motor be licensed. I will stake my 50 years experience that this should be mandatory. Such licensing should be that such person knows the RULES OF THE ROAD and has a minimum knowledge of boat handling and maintenance. This would give the Coast Guard or other authority the ability to suspend such license for a short or long period of time for violations. I attended a case of a 16 year old boy with a new 14 foot boat with a 100 HP motor cut another boat in half while making over 20 knots and killed the woman operator of the other craft. Our waterways to-day are nearly as con gested as our Parkways. And may I add that the irresponsibility is not confined

to the adolescent but is common among the physical mature. This committee should visit our Long Island waters during this summer. It is an experience.

In closing may I say that I do not agree with the statement made that the boating industry has a good record in self regulatory programs. It has been "Let the Buyer Beware". I wish to thank the committee for this opportunity to include these remarks made to others at Babylon on May 22, 1970.

STATEMENT BY ROBERT W. DYKE, MICHIGAN DEPARTMENT OF NATURAL RESOURCES

Mr. Chairman, I am Robert Dyke, boating administrator of the State of Michigan, representing Dr. Ralph MacMullan, Director of the Michigan Department of Natural Resources. I appreciate the opportunity to appear before this subcommittee and offer comments regarding H.R. 15041.

The Federal Boating Act of 1958 provided the basis from which all State and Federal boating safety programs were developed. After enactment of the 1958 legislation Michigan immediately enacted legislation which, among other things, established responsibility for administration of the act, established a motor-boat numbering system which was subsequently approved by the secretary, established a restricted fund using motorboat registration fees to finance marine safety programs, retained regulatory control over boating exclusively to the State, provided for grants to counties for marine safety and enforcement programs with State coordination and cooperation and provided operating and equipment requirements. During the following eleven years this legislation has been continually updated. It now includes a requirement that youthful motorboat operators successfully complete an approved course in boating safety prior to operating certain motorboats without adult supervision. Michigan's marine safety act is one of the most comprehensive boating safety acts in the Nation and is in substantial conformity with the model State boat act as approved by the National Association of State Boating Law Administrators.

During this period Michigan has become one of, if not the, major recreational boating State in the Nation with 437,361 registered motorboats and several thousands of motorboats from other States using our waters. Current funding of our marine safety program is $1,201,583 annually. In addition, nearly $4,500,000 is expended annually for construction of boating facilities. 175 enforcement vessels patrol our waters manned by 342 marine officers. Approximately 40,000 youthful boat operators are trained annually. Michigan has been very progressive in its marine safety programs; however, despite our best efforts boating casualties continue at an unacceptable rate. Even though the accident and fatality rate remains reasonably constant in spite of the continual increase in the number of vessels in use and boater user days, boating safety must be improved through new updated legislation which will provide maximum safety for boaters by:

(a) Providing Federal grants to States for boating safety programs. (b) Establishing minimum manufacturing standards for boats and associated equipment.

(c) Requiring numbering of all undocumented vessels equipped with propulsion machinery.

(d) Establishing a national boating safety advisory council.

We, therefore, support H.R. 15041 in principle. However, under the provisions of H.R. 15041 the Secretary of the Department of Transportation is given broad regulatory power and discretionary authority in most phases of recreational boating safety including:

(a) Numbering systems.

(b) Equipment requirements.

(c) Boating safety advisory council.

(d) Manufacturing standards.

(e) Federal grants to States for boating safety programs.

The Federal Government's jurisdiction is limited to "navigable waters of the United States", while the States have concurrent jurisdiction on those waters and sole jurisdiction on the thousands of inland lakes and rivers located within their boundaries which are not "navigable waters of the United States". There is more recreational boating on State waters than there is on waters over which the Federal Government and the States share concurrent jurisdiction. The

State's responsibility in administering the boating safety program permits the State boating administrator to be in closer contact with the recreational boatman than the Federal Government and to be more familiar with local conditions and problems of boating safety as well as problems in attaining State legislative action which may be required under Federal regulations.

Michigan has a great deal of interest in and ultimately responsibility for implementing and administering the provisions of H.R. 15041 within our State. Therefore, it is reasonable that certain provisions not be left to regulations and that the legislation assure us of:

(a) Sufficient authority to provide for the safety of boatmen boating on waters which are hazardous due to local conditions.

(b) Reasonable voice in the establishment of Federal regulations.

(c) Continued program funding in order that we may pursue stable and effective enforcement and safety programs.

The bill as proposed does not provide this assurance because it :

(a) Prohibits States from requiring detached safety equipment aboard vessels in excess of that required by Federal regulations-local conditions may be such that in the interest of safety, additional equipment must be required. Although this prohibition is in the interest of uniformity it applies only to the "navigable waters of the United States". It is probable that the States will enact legislation requiring safety equipment aboard vessels using State waters as they deem necessary in the interest of safety thereby having different requirements for State waters than for "navigable waters of the United States". This Federal pre-emption will not provide uniformity but will prohibit States from solving special local problems.

(b) Directs the Secretary to establish a Boating Safety Advisory Council composed of representatives of Federal, State, and local governments, boat and associated equipment manufacturers, boating organizations, and the general public. It is discretionary with the Secretary as to the total number of representatives on the council and the number of representatives from each category. The Secretary is not required to consult the council on boating safety matters except as they relate to boat and related equipment standards and use. Since the States boating safety programs will be seriously affected by the deliberations of this council it is urged that they be assured of adequate representation on the council and that the Secretary be required to consult the council on all major boating safety matters. It is also urged that local government be deleted from the make-up of the council. The States administer the boating laws and safety programs within the State therefore, consulting with local government could create confusion and misunderstandings within the State.

(c) Allocates funds to States for boating safety programs on a declining scale over the next five years. This means that States could not establish stable programs unless the State could appropriate additional funds each year to fill the gap created by a declining federal grant each year. The same situation would exist for counties conducting marine safety programs under a state aid program. The amount of funds authorized for appropriation annually is only $5,000,000 for distribution among the several states and the formula for distribution is not equitable for all States.

Michigan has worked closely with the National Association of State Boating Law Administrators and has participated in its deliberations regarding this proposed legislation. The amendments which will be proposed by representatives of the national association have the complete support of this State of Michigan as indicated by Governor Milliken's response to Secretary of Transportation John Volpes' request for Michigan support of the legislation. I quote from Governor Milliken's letter "the State of Michigan supports the proposed legislation in principle; however, I am in complete agreement with the position taken by the National Association of State Boating Law Administrators. The proposed amendments are being prepared and will be distributed to all States for review and acceptance. If approved by a majority of States and upon adoption of the proposed amendments into the proposed legislation, you may be assured of my complete support of the bill."

Since Michigan's suggested amendments are identical to those proposed by the National Association of State Boating Law Administrators I do not wish to take up the committees valuable time by repeating what will be or has already been said; however, copies of our suggested amendments are included in our statement for the record.

In closing I wish to express appreciation to this committee, the Coast Guard, the boating industry, and the State Boating Law Administrators for their efforts and interest in this proposed legislation. I am confident that in its final form H.R. 15041 will provide maximum safety for the nation's recreational boatmen and at the same time provide reasonable requirements and guidelines under which the States, the Federal government, and the boating industry may effectively fulfill their respective responsibilities.

AMENDMENTS TO H.R. 15041, PROPOSED BY THE STATE OF MICHIGAN, JULY 15, 1970

SEC. 3. DEFINITIONS

On page 4, after subparagraph (10), add a new subparagraph:

"(11) 'Safety Certificate' means a certificate evidencing that the holder thereof has successfully completed a state approved course of instruction in boating safety."

Comments: This defines these words which are used in Section 22 and which appear in like fashion in the current provisions of the Bonner Act. This language has been interpreted to permit and perhaps even to encourage the requirement on the State level that any operator of a numbered vessel must have a boat operator's license. In the past, such a program was deemed the answer to most of boating's ills but, upon investigation, was found to fall far short of its promise. To be effective, a program of operator's licenses must be preceded by an extensive educational program to assure that the license itself means something. With the proposed definition of a safety certificate, an adequate safeguard would be established to assure that any program requiring the carrying of a certificate would be educational in nature and not merely a guise for the collection of taxes.

SEC. 4. APPLICABILITY

On page 5, delete lines 9 and 10 and insert:

"(3) A vessel whose owner is a state or a subdivision thereof, used exclusively in the public service and which is clearly identifiable as such; or".

Comments: Many local units of government operate boat liveries which rent or otherwise make available to the public watercraft for recreational use. There is a need for the identification of such vessels through the numbering system which the language of the Bill would frustrate by allowing their exemption. A vessel used exclusively in the public service, however, would most likely be an enforcement or fire craft which would be so clearly marked as to negate the necessity for identification through the numbering system.

SEC. 6. PRESCRIBING REGULATIONS AND STANDARDS

On page 7, after subparagraph (4), add a new subparagraph: “(5) Provide a statement indicating the reasons and considerations in formulating and prescribing regulations and standards pursuant to Section 5 of this Act."

Comments: The purpose of this subparagraph is to require that additional background information be made available by the Secretary as to the reasons for prescribing certain regulations. Provision of such background data would be of material assistance to experts in the field of boating safety when reviewing propased regulations submitted under the administrative procedures requirements of existing law.

SEC. 10. FEDERAL PREEMPTION

On Page 8, line 17, after "Act", insert: "This shall not prevent a State from establishing or enforcing provisions pertaining to detachable safety equipment if in the opinion of the State such are required to meet unusual conditions."

Comments: Although uniform boating standards are a most desirable goal, it must be recognized that there are instances where peculiar local conditions require peculiar local action. The suggested amendment would make such action possible without materially threatening uniformity in this area.

SEC. 12. PROHIBITED ACTS

While not proposing an amendment at this time, Michigan is uncertain regarding this Section insofar as the word "assemble" on page 9, line 3, contemplates alteration. Does alteration break the chain of responsibility? Conversely, is a