required in the case of steam-propelled towboats. Insofar as the inland waterways are concerned, I am informed that steam-powered towboats have virtually disappeared.

I am not personally conversant with the technical details of inspection and certification proceedings, but as one who was born and reared in one of America's great inland ports located on our greatest river, I am certainly aware of the importance of taking whatever steps are necessary to assure the safe use of our rivers by the mammoth trains of barges which carry tremendous amounts of industrial cargo.

In previous discussions of this problem with the Coast Guard, I was informed that accident statistics have not disclosed so far any emergency situation as regards the operation of uninspected and uncertified towboats on the rivers Nevertheless, as long as the danger of serious accidents exist, I believe we should take appropriate steps to extend the Coast Guard's inspection require ments if that course of action is feasible and practicable. The purpose of my bill is to provide the vehicle by which the whole problem can be brought up for hearings in committee, with the expectation that if the supporters of this bill can establish the soundness of their position, we can then correct any deficiencies in present law.

Other provisions of the legislation would require licensing of pilothouse employees on diesel-driven towboats just as they are now required to be licensed in steam-driven vessels of the same type.

[From the Congressional Record, Nov. 14, 1963]

LEGISLATION TO PROMOTE GREATER SAFETY IN RIVER TRANSPORTATION

Extension of remarks of Hon. Leonor K. Sullivan of Missouri
in the House of Representatives

Mrs. SULLIVAN. Mr. Speaker, on January 16, 1962, I introduced, by request, a bill to promote greater safety in river transportation by requiring the inspec tion and certification by the Coast Guard of diesel-powered towboats, and licensing of certain personnel.

The bill was an outgrowth of a long series of exchanges of correspondence which I engaged in with members of the legislative committee of Local 28, International Organization of Masters, Mates & Pilots, AFL-CIO, of St. Louis, I became convinced safety legislation was required.

Following the introduction of my bill, which was H.R. 9700, in the 87th Congress H.R. 942 in the 88th Congress-the Coast Guard asked for an opportunity to complete its own investigation of the need for this legislation before any action was taken on it.

Mr. Speaker, the Treasury Department has now sent to the House a draft of a proposed bill to close the safety loopholes at which my bill was directed. and I have therefore introduced the new bill today as H.R. 9130. It is, I understand, an even broader bill in some respects than my original proposal, and is based on a Coast Guard study which revealed in general that operation of diesel-powered towing vessels involves as great a hazard as operation of those propelled by steam and should therefore be subject to similar Coast Guard safety standards.

MANY ACCIDENTS COULD HAVE BEEN AVOIDED

When I introduced the original bill on January 16, 1962, I expressed the hope that it would serve as the vehicle for obtaining a full review by the executive agencies and the Committee on Merchant Marine and Fisheries of this whole question of safety in river transportation. Many of the vessels, which are not subject to periodic safety inspection, are manned by personnel not licensed or otherwise shown to be qualified for the tasks they are performing. For instance, while the number of towing vessels has increased 20 percent in the past 10 years, the number of casualties has increased by 120 percent, to an average of 559 casualties per year. A large percentage of these casualties occurred on uninspected towing vessels, and it is the opinion of the Treasury Department that many of these were of a kind which could have been avoided or minimized if well-qualified personnel were aboard.

Mr. Speaker, in view of the importance of this matter to the river transportation industry and its employees, I am herewith placing in the Appendix of the Congressional Record, under unanimous consent, the text of the letter from the Secretary of the Treasury to the Speaker transmitting the draft of the bill which I have now introduced.

Following that, I am also inserting the Treasury Department's report on my original bill, H.R. 942. After the interested groups have had a chance to study the new bill carefully, I shall ask for hearings in the committee so that we can proceed to solve a serious safety problem in river transportation.

TREASURY DEPARTMENT REQUEST FOR LEGISLATION

The text of the letter to the Speaker is as follows:

"THE SECRETARY OF THE TREASURY,

"Washington, D.C.

"Hon. JOHN W. MCCORMACK,
"Speaker of the House of Representatives,
"Washington, D.C.

"DEAR MR. SPEAKER: There is submitted herewith a draft of a proposed bill to require the inspection of certain towing vessels.

"The purpose of the proposed legislation is to bring towing vessels propelled by means other than steam under inspection by the Coast Guard.

Al

"Section 4427 of the Revised Statutes (46 U.S.C. 405) presently requires the inspection of 'every tugboat, towing boat, and freight boat.' This section is part of an extensive statutory pattern to insure high standards of safety on merchant vessels through regulation and inspection by the Coast Guard. though phrased in broad terms, section 4427 has been interpreted by the courts as applying only to vessels propelled by steam. As a result, motor-propelled towing vessels are not presently subject to inspection unless they are seagoing vessels of over 300 gross tons.

"The anomaly whereby steam towing vessels are subject to inspection and motor towing vessels performing practically identical services are not has long been recognized. This anomaly has become increasingly apparent with the increasing dominance of the diesel towing vessel as compared to the steam towing vessel. At the present time, steam tugs have been almost completely superseded by diesel towboats; figures show that in 1962 there were 5,016 diesel tugs in operation compared to 84 propelled by steam.

"The present interpretation of section 4427 of the Revised Statutes results in another inconsistency in that barges or self-propelled tank vessels carrying hazardous liquid cargoes on inland waters must be inspected and meet Coast Guard safety standards while motor-propelled tugs towing such barges are not required to be inspected. Considering the ever-increasing traffic in dangerous liquid cargoes and the fact that collision is a major source of marine casualties, an obvious potential hazard is involved in permitting such cargoes to be towed by vessels which at present are neither subject to the requirements for safety inspection nor subject to the licensing and certificating of their personnel.

"During 1962 the Coast Guard made a comprehensive study of towing vessel operations. The study showed that of 5,100 vessels documented for towing service only 103 were inspected and certificated by the Coast Guard. The remaining vessels were not subject to inspection under existing law.

"The data obtained during the study also shows that while the number of towing vessels has increased 20 percent in the past 10 years, the number of casualties has increased by 120 percent to an average of 559 casualties per year for the period from 1960 through 1962. During 1962, for example, 530 towing vessels were involved in casualties serious enough to be reported, which is an average of 1 out of every 10 towing vessels in service. Detailed casualty figures for that year revealed that while no lives were lost due to casualties on inspected towing vessels, 15 lives were lost in casualties involving uninspected towing vessels. The figures further reveal that less than 3 percent of the inspected vessels were involved in reportable casualties compared to 10 percent of the uninspected vessels. During fiscal year 1962 estimated monetary damages due to casualties involving towing vessels were over $9 million.

"Analysis of the casualty figures for towing vessels for the past several years leads to the conclusion that operation of diesel towing vessels involves as great a hazard as operation of those propelled by steam, and that this hazard could be reduced by requiring these vessels to comply with Coast Guard safety standards.

In brief, the Department has concluded that motor-propelled towing vessels should be brought under the statutory inspection scheme. The proposed bill would, therefore, amend section 4427 of the Revised Statutes to provide for the inspection of towing vessels regardless of the manner of propulsion.

"The Department believes that the smaller towing vessels are not a sufficient safety hazard to warrant the increased administrative difficulties and costs which would result if they were subject to inspection. Therefore, the bill would exclude those towing vessels which are less than 15 gross tons and 26 feet in length. This would eliminate from inspection the smaller vessels which engage in limited operations.

To

"The casualty statistics also show that a large percentage of the casualties which have occurred on uninspected towing vessels are of a type which could be avoided or minimized if well-qualified personnel were aboard. For example, during fiscal year 1962 almost 60 percent of the reported casualties involved collisions while another 12 percent involved groundings of the tug or tow. minimize the hazard to life and property from operation of towing vessels by unqualified personnel, the proposed bill would contain authority to prescribe regulations regarding the manning of towing vessels and the licensing and certificating of their personnel.

"The Department, of course, realizes that there are large numbers of vessels to which the strict application of the inspection and manning requirements would not be appropriate for one reason or another. In some cases it is not possible or practicable to bring the vessel into strict compliance; in other cases to do so would result in severe economic hardship or loss of employment. Therefore, the proposed bill would require the Secretary to take into account the various factors which might appropriately require a lessening of the inspection or manning requirements as to certain vessels. It would also give him authority to exempt additional vessels from the inspection requirements if necessary in the public interest. These provisions are intended to provide sufficient flexibility in administration to enable the Secretary to tailor the inspection requirements more closely to the circumstances of individual vessels. With this authority it should be possible to achieve the maximum safety on towing vessels consistent with the least economic hardship and disruption to the industry. This authority would also permit the gradual application of the requirements to existing vessels to insure an orderly transition period with minimum interference to towing vessel operations.

"The proposed legislation would require increased expenditures for inspection and clerical personnel since an additional 4,300 vessels would become subject to inspection. The Department estimates that an increase of 55 officers and 20 civilians would be required. This would result in additional costs of approximately $650,000 per year.

"There is enclosed a memorandum which contains in summary form the results of the study made by the Coast Guard of the operation of towing vessels. There is also enclosed for your convenient reference a comparative type showing the changes in existing law that would be made by the proposed bill.

"It would be appreciated if you would lay the proposed bill before the House of Representatives. A similar proposed bill has been transmitted to the PresiIdent of the Senate.

"Sincerely yours,

"DOUGLAS DILLON."

DEPARTMENTAL REPORT ON ORIGINAL BILL

Mr. Speaker, the Treasury Department report on my original bill, H.R. 942. containing suggestions and recommendations for the new bill, H.R. 9130 which I have just introduced, is as follows:

"Hon. HERBERT C. BONNER,

"THE GENERAL COUNSEL OF THE TREASURY,

"Washington, D.C.

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

"DEAR MR. CHAIRMAN: Reference is made to your request for the views of this Department on H.R. 942, to require the inspection and certification of certain motor vessels known as towboats.

"The bill would require the inspection and certification of every domestic towboat, however powered, which (1) is designed and used for the purpose of

moving barges; (2) is of 480 horsepower or more; and (3) operates on the navigable waters of the United States. Inspection and certification requirements would extend to design, construction, repair, stability, accommodations for crew, lifesaving equipment, firefighting equipment manning, and other matters. "In September of 1961 the Coast Guard initiated a comprehensive study of towing vessel operations with a view toward determining whether marine inspection and licensing laws now applicable to steampowered towing vessels should be extended to other classes of towing vessels. That study has been completed. It revealed in general that operation of diesel towing vessels involves as great a hazard as operation of those propelled by steam and that this hazard could be reduced by requiring those vessels to meet Coast Guard safety standards. The Treasury Department has drafted legislation, based on the findings of this study, which is being submitted to the Congress separately. "Although the bill drafted by the Department is similar to H.R. 942, it is broader in scope since it would subject to inspection all towing vessels which are over 15 gross tons or 26 feet or over in length. This results from the findings of the Coast Guard study that vessels over 26 feet or 15 gross tons constitute a definite safety hazard which can be reduced without excessive administrative costs.

"Other differences in the two proposals result from the Department's belief that the law governing inspection of towing vessels should follow the existing statutory pattern of title 52 of the Revised Statutes. This would permit a considerable simplification of language. The Department's draft also contains fewer specific statutory requirements and relies more on administrative rulemaking power.

"The Department notes that section 5 of H.R. 942 would authorize a penalty twice as great as that provided for violations of the inspection laws by other vessels. While the Department agrees that the penalty provision of existing law should be increased, it does not seem fair to increase the penalty against only one class of vessels. The Department is, therefore, studying the whole question of penalties for violations of the inspection laws. Meanwhile, it recommends that the existing penalty be applied to towing vessels.

"In the circumstances, the Department recommends favorable consideration of the legislation relating to towing vessels which it is submitting in lieu of action on H.R. 942.

"The Department has been advised by the Bureau of the Budget that there is no objection from the standpoint of the administration's program to the submission of this report to your committee.

"Sincerely yours,

"G. D'ANDELOT BELIN,
"General Counsel."

Mr. GARMATZ. The next witness will be Vice Adm. William D. Shields from the U.S. Coast Guard.

STATEMENT OF VICE ADM. WILLIAM D. SHIELDS, ASSISTANT COMMANDANT, U.S. COAST GUARD; ACCOMPANIED BY REAR ADM. CHARLES P. MURPHY, CHIEF, OFFICE OF MERCHANT MARINE SAFETY; CAPT. WILLIAM C. FOSTER, CHIEF, MERCHANT VESSEL INSPECTION DIVISION, OFFICE OF MERCHANT MARINE SAFETY; COMDR. HENRY A. CRETELLA, LEGAL DIVISION, LEGISLATIVE BRANCH, U.S. COAST GUARD

Mr. GARMATZ. Will you give your name and title for the record and also those of the gentlemen of your staff who are accompanying you this morning.

Vice Admiral SHIELDS. I am Vice Adm. William D. Shields, Assistant Commandant, U.S. Coast Guard. The gentlemen accompanying me are Rear Adm. Charles Murphy, head of our Merchant Marine Safety Office; Captain Foster, head of our Merchant Vessel Inspection Division; Commander Cretella, who is a member of our legal staff.

Mr. GARMATZ. You may proceed.

Vice Admiral SHIELDS. Mr. Chairman and members of the subcommittee, I want to thank Mrs. Sullivan. I think she was stealing a little of our thunder, but I think we have the same kind of informa tion to back up each other. Thank you very much.

I am appearing today in support of H.R. 156.

In brief, this bill would require that motor-propelled towing vessels be inspected for safety on the same basis as steam towing vessels are presently inspected.

As I am sure the committee knows, Congress has created an extensive statutory pattern of marine law to insure high standards of safety on our merchant vessels. These laws provide for regulation and inspection of merchant vessels by the Coast Guard. Under them the American merchant marine has become among the safest in the world.

It is, I believe, a historical quirk of the law that only steam-powered towing vessels are presently covered by marine safety laws. An exception is in the case of seagoing motor towing vessels of 300 gross tons and over. These vessels, of which there are only a very few, are, by another statute, required to be inspected.

While the law itself 4427 of the Revised Statutes-is written in broad terms, it has been interpreted as applying only to towing vessels propelled by steam.

It should be noted that at the time of enactment of this law, the only propulsion being used for vessels was steam power. Thus, the present situation is that steam towing vessels are inspected under the Federal marine safety laws, while diesel towing vessels performing identical services on the same waters are not.

This anomaly in the law has become increasingly apparent with the increasing dominance of the motor-propelled towing vessels, as compared to the steam towing vessels. At the present time, steam towing vessels have been almost completely superseded by motor-propelled towing vessels.

Figures show that in 1962 there were 5,016 motor-propelled towing vessels in operation compared to about 85 propelled by steam, while in 1964 there were 5,380 motor-propelled towing vessels compared to 50 propelled by steam. As of January 1965, according to the record given us by the Customs, there were about 5,460 vessels documented for towing.

The present interpretation of section 4427 of the Revised Statutes has resulted in other inconsistencies which are not in the best interests from the navigation safety point of view. For example:

1. On domestic navigable waters motor-propelled towing vessels tow barges carrying all kinds of cargo. Today it is possible to see tows with 40 or more barges carrying 40,000 tons of mixed cargo of all descriptions.

These towing vessels need meet no safety standards or manning standards other than equipment requirements of the Motorboat Act of 1940 and of the various rules of the road. On the other hand, motorpropelled vessels of over 15 gross tons that carry cargo for hire are subject to inspection and certification.