Although the Congress must consider the technical aspects of this legislation, I think it would be well for them also to consider the source of the legislation. Many backers of this legislation have a primary interest that the Federal Government through the Coast Guard shall invade traditional labor-management relationships to effect manning requirements which are now efficiently adjusted through private bargaining. Certain elements of the towing industry are already overburdened with a maze of obsolete and unnecessary regulations. The Coast Guard has taken notice of this and has solicited the advice of those interested in the industry with the objective of revising and updating the laws. I respect fully refer you to their letter of July 26, 1963, a copy of which is attached. The subject legislation would add to and not diminish from this maze of legislation. H.R. 156, H.R. 723, and H.R. 7491 would empower the Coast Guard to prescribe regulations with respect to the design, construction, alteration, repair, operation and manning of towing vessels, and the licensing and certificating of crews. In truth the Coast Guard would control and manage every phase of the business save the bookkeeping. As fine and noble an organization as they are, there is nothing in the background or the training of the U.S. Coast Guard that qualifies them to assume the management of this segment of our free enterprise system. In closing, I should like to state that I and the people I represent find it a curious paradox that while the Federal Government has recently taken a strong hand in reducing the oppressive manning scales of the Nation's railroads, they are, on the other hand, by this legislation before us, attempting to impose manning and a great deal more on the Nation's water transportation industry. (The letter referred to follows:) TREASURY DEPARTMENT, U.S. COAST GUARD, Washington, D.C., July 26, 1963. Mr. JOHN W. LAMBERT, Twin City Barge & Towing Co., DEAR MR. LAMBERT: The Coast Guard is presently engaged in a study of the navigation and shipping laws of the United States, insofar as they affect maritime safety, with the basic objective of revising and updating these laws to eliminate therefrom the many existing complexities and obsolete features. The present effort has resulted from the recommendation of a committee appointed at the direction of the Secretary of the Treasury, Douglas Dillon, to study the Coast Guard roles and missions. The group presently engaged in this study consists of Capt. F. K. Arzt, U.S. Coast Guard; Comdr. C. J. Maguire, U.S. Coast Guard; and Comdr. A. S. Frevola, U.S. Coast Guard, working under the direction of the Chief Counsel, U.S. Coast Guard. It has been generally recognized for many years that the current maze of legislation in this field and, in many instances, its obsoleteness have failed to serve the best interests of our merchant marine. In past years several attempts have been made to revise these laws, but unfortunately these attempts have not been successful. At Many shipping companies, unions, members of the admiralty bar and agencies, private and governmental, are vitally interested in promoting safety at sea. the very outset of this present study, I feel that it is most fitting that these various interests be informed of the project and given the opportunity to express their views on the nature and scope of this revision. Accordingly, your views in these matters in as much detail as you can furnish are earnestly solicited. In addition, the members of this group will be most pleased to confer on this subject with any member of your organization whom you may designate. Your cooperation in these matters of mutual concern will be greatly appreciated. Sincerely yours, Mr. GARMATZ. You state here: E. J. ROLAND, Admiral, U.S. Coast Guard, Commandant. H.R. 156, H.R. 723, and H.R. 7491 would empower the Coast Guard to prescribe regulations with respect to the design, construction, alteration, repair, operation, and manning of towing vessels and the licensing and certificating of crews. I think this bill of mine just says license the operator, which would be the captain or the man in the pilothouse. Mr. LAMBERT. Sir, H.R. 723 goes into all of the things I have related. Mr. GABMATZ. H.R. 7491. Mr. LAMBERT. H.R. 7491 discusses only licensing. I was advised that this hearing was to consider H.R. 723 also. Mr. GARMATZ. That is correct. On page 2 you say that: Our vessels are manned by a seven-man crew consisting of two pilots, four members of the dock force, and one cook. The crew lives on board the vessel and operates on the six-on and six-off watch basis. How long does this six-on and six-off continue? Mr. LAMBERT. The men live on board the vessels, sir, for approximately 30 days. At the end of that 30 days, they go home on paid leave. So, in theory, the men work a 12-hour day, with a 6-hour off watch in between each and 6-hour on watch. They do this for 30 days, then they go home for 30 days paid leave. Mr. GARMATZ. They are on 30 days and off 30 days? Mr. LAMBERT. Yes, sir; that is right. Mr. GARMATZ. Mr. Tupper? Mr. TUPPER. I have no questions. Mr. GARMATZ. How do you work these crews on 30 days on and off? Mr. LAMBERT. We have a full crew of men on the bank for those who are on the vessel. When one crew or an individual has completed his 30 days of work and is ready to go home for 30 days of leave, we call a man back from leave who has been home and put him on the vessel. In theory, it takes 14 men to keep one of these vessels going year around, not 7. Mr. GARMATZ. Your work is confined mostly in one locality, is that correct? Mr. LAMBERT. The operations of my companies are confined to the harbors in the St. Paul-Minneapolis and Chicago Harbor area. We perform the same functions that switch engines do for a railroad in a large railroad or industrial complex. Mr. GARMATZ. Any other questions? Thank you very much, Mr. Lambert. Mr. LAMBERT. Thank you, Mr. Chairman. (The following material was supplied for inclusion in the record :) TWIN CITY BARGE & TOWING CO., Congressman EDWARD A. GARMATZ, Committee on Merchant Marine and Fisheries, Washington, D.C. DEAR CONGRESSMAN GARMATZ: During my appearance before your committee on July 21, 1965, I indicated that I would supply you with some further information concerning the Upper Mississippi Waterway Association which I represented. Attached to this letter is a set of our resolutions which were adopted at our last annual meeting. You will note on pages 8 and 9 a resolution in opposition to H.R. 9121 and II.R. 9130, the forerunners of the bills currently before your committee. Consistent with this policy the executive committee of the UMWA authorized me to appear before your group in opposition to H.R. 156, H.R. 723, and H.R. 7491. I have also attached a copy of our current membership list and have checked in red those members who are vessel operators. Of the 142 members listed, 36 are operators of diesel vessels. However, the subject legislation would affect every member of our organization who has an economic stake in river development, and I think it should be understood that the position which I expounded before you on July 21 was the unanimous consensus of the UMWA. I would also like to state that while we feel licensing is not a critical necessity we could accept H.R. 7491 if it spelled out the conditions for licensing and if it required the pleasure boater on navigable waterways to be qualified in the basic rudiments of navigation; i.e., rules of the road, physical fitness, etc. Your committee counsel, Mr. Zincke, made considerable point of the fact that a 6,000-horsepower towboat could do more damage to a fixed structure than any pleasure craft. This cannot be disputed. However, the legislation before you is being proposed in the name of safety. It is a fact that recreational boating on the navigable waterways has been increasing by leaps and bounds. With this increase there has been a concurrent increase in accidents between commercial and private vessels. From my own experience the commercial vessels are frequently forced off their sailing line and run aground or come in contact with pleasure craft or fixed objects in an attempt to avoid a collision. I could elaborate on this subject at great length and will be pleased to do so if your committee requires any further information. In this country you cannot drive a motor vehicle or an aircraft without proving your competency. In the name of safety the same standard should be required on our waterways of the amateur as well as the professional. I very much appreciate the consideration and the cordial treatment which you and your committee gave me. If I can be of any further service, please feel free to call on me. Sincerely yours, JOHN W. LAMBERT, President. RESOLUTIONS OF THE 32D ANNUAL MEETING, UPPER MISSISSIPPI WATERWAY ASSOCIATION, OCTOBER 27, 1964 NATIONAL TRANSPORTATION POLICY During the past 4 years a number of proposals have been submitted to congressional committees for serious and drastic changes in the transportation policies of this Nation. The primary feature of these proposals has been the deregulation of the transportation by railroads of some or all bulk commodities. The proponents have attempted to justify these proposals substantially or entirely by the alleged economic plight of the railroads. Improved economic conditions have removed the urgent necessity of amending our regulatory provisions without adequate study. We therefore reiterate our position that changes of a sweeping and dramatic nature must not be made in our existing transportation system in ignorance of the quality and interrelationships of the competing forms. Until there has been a vigorous, comprehensive, and coordinated study by a group representative of the various segments of the transportation industry and the shipping public, there is no basis upon which to introduce legislation amending the national transportation policy. But the guiding principles of such a study, and of any legislative proposals resulting from such a study, are beyond dispute: equality of opportunity, prohibition of noncompensatory rates, and the prevention of discrimination between or against other carriers, shippers, or localities. TOLLS ON INLAND WATERWAYS In response to new threats of waterway tolls or user charges, we reiterate our determined opposition. Such an imposition would violate the most solemn covenants of the Federal Government, repudiating the fundamental principle that the navigable waters are free, public highways, improved by the Nation for the benefit of all the people and available to all without toll, tax, or impost. This principle has profoundly affected the development of our national life. Indeed, it is the foundation of the great resurgence of industry now in progress in our principal river valleys. It can be repudiated only at the price of incalculable economic dislocation and waste. User charges or tolls would destroy the commerce upon which they are levied. They would deprive the Nation of its modern barge industry and associated terminals and shipyards, a major national defense asset. Tolls would also render the Federal and local investment in waterway improvements useless, and would negate the investment of communities in industrial tracts and parks which for many are the cornerstone of their economy. Further, the imposition of tolls would hamper and discourage the development of water resources for flood control, hydroelectric power, water supply, soil conservation, and fish and wildlife conservation. In short, tolls could only penalize those in whose name they are proposed: the taxpayers. BRIDGE CLEARANCES OVER NAVIGABLE RIVERS We oppose the construction of bridges over the Mississippi River or any river or waterway connecting to it where those newly constructed bridges would have lesser vertical and horizontal clearances than those now existing on the river or waterway. Our reasons are these: (a) Shippers are demanding the economies of larger towboats and tows; (b) larger towboats and tows are feasible if towboat heights can be increased to give the pilot a safe view; (c) bridges are built to last more than 50 years, so improvements in river transportation could be limited for generations if bridges are constructed with dimensions smaller than those now existing. In comparison with the limitation which lower bridges will impose on the growth of river transportation, and on the proper utilization of our country's inland river system, the claimed saving in construction cost of lower bridges, in our opinion, is insignificant. Particularly is this true when such costs are projected over normal bridge life. Accordingly, this association wholeheartedly supports proposals for legislation of the sort which was authored by Senator Symington during the 88th session of Congress and which was designated as S. 1615. INLAND WATERWAY IMPROVEMENT It is an essential element of sound national policy that at all times there be ultimate economic use of our inland waterways for commercial transportation. To this end, there must be a continuing program of studies, both of existing improvements and of potential development, following which there must be planning and an orderly programing of such navigation projects as are authorized by Congress. Time passed cannot be recaptured; when there is a lack of continuing study and planning, there is lost forever the use of an improvement which is not started until well after it has become economically feasible. Experience shows that, when there is not orderly programing of construction, there can be delays in the progress of projects from one phase to another, while expenses continue to rise. So that there may be continuing study and planning and orderly programing, we urge that at all times adequate funds be available to Federal agencies charged with these responsibilities. And, in light of its experience and the demonstrated worth of its projects, we urge that such funds be available for the Corps of Engineers and we oppose all efforts to legislate a requirement that any agency in the executive branch of Government other than the Corps of Engineers and the Bureau of the Budget approve the appropriation of public funds for the improvement of inland waterways. STATE TAXATION OF WATERWAY COMMERCE It is imperative that, outside of the domiciliary State, there not be State taxation in the form of income taxes, property taxes, or ad valorem taxes on industries engaged in interstate commerce on the waterways. This principle is already recognized by Federal legislation (Public Law 86-272) which exempts from State taxation the income from sales of tangible personal property in interstate commerce. We urge Congress to extend this principle to commerce on our inland waterways. WATERWAY TRAFFIC CONGESTION We recognize that particularly in the last 5 or 10 years the greatly increased number of pleasure boats using our inland rivers has brought about increasingly serious problems to themselves and commercial towboat operators. We believe these problems can be solved by a willingness on the part of all users of the rivers to cooperate one with another, and an understanding of how this cooperation can be achieved. We feel that a program of water safety education for the public using the navigable waterways is of primary importance. This association will, therefore, continue to support programs of the Federal and State Governments, port authorities, the National Safe Boating Association, associations of pleasure-boat users, and the commercial towboat operators which contribute toward this end. FLOOD CONTROL We consider the casastrophic loss of lives and property due to floods to be an unnecessary drain upon the resources of this Nation. We urge Congress to appropriate sufficient funds to allow completion of presently authorized flood control projects in the Upper Mississippi River Basin and to allow continued study of new techniques of flood control and of new areas where flood control may be. feasible, measured either by economic or humanitarian principles. Protection of lives, homes, and planned industrial and commercial development cannot become a reality until lands are secured for all time from damaging floodwaters. REGULATION OF DIESEL TOWING VESSELS The 88th Congress had before it two bills which would allow the U.S. Coast Guard to establish certain regulations for all diesel towing vessels which are above 15 gross tons or 26 feet or over in length. These bills are H.R. 9121 and H.R. 9130. They empower the Coast Guard to make such regulations as it may consider necessary with respect to (1) The design, construction, alteration, or repair of towing vessels. (2) The operation of towing vessels, including the waters in which they may be navigated. (3) Manning of towing vessels and the duties of the crew. The safety record of the industry is outstanding. The towing operators own economic self-interest and the requirements of marine underwriters demand the strictest adherence to the practical principles of safety. Passage of the subject bills or similar legislation would literally transfer the management of the towing industry to the hands of a Federal agency. Therefore, we strenuously oppose such legislation. WATER POLLUTION A year ago, this association recognized among Government officials charged with regulation "*** a mood to establish standards for water purity at absolute and clinical or scientific levels and to bring about such standards of purity by prohibiting wastes having less than a clinical purity from entering our streams and waterways." We warned that such a system of regulation |