be represented by counsel. The Commandant of the Coast Guard may alter or modify any finding of the investigation, but the decision of the Commandant shall be based solely on the testimony received by the said investigation and shall recite the findings of fact on which it is based. b. Specific authority exists for narcotics violations in 46 U.S.C. 239b. § 239b. Same; denial or revocation of seaman's document The Secretary may (a) deny a seaman's document to (1) any person who, within ten years prior to the date of the application therefor, has been convicted in a court of record of a violation of the narcotic drug laws of the United States, the District of Columbia, or any State or Territory of the United States, which conviction has become final; or (2) any person who, unless he furnishes satisfactory evidence that he is cured, has ever been a user of or addicted to the use of a narcotic drug; and (b) take action, based on a hearing before a Coast Guard examiner, under hearing procedures prescribed by the Administrative Procedure Act, as amended, to revoke the seaman's document of (1) any person who, subsequent to July 15, 1954, and within ten years prior to the institution of the action, has been convicted in a court of record of a violation of the narcotic drug laws of the United States, the District of Columbia, or any State or Territory of the United States, the revocation to be subject to the conviction's becoming final; or (2) any person who, unless he furnishes satisfactory evidence that he is cured, has been, subsequent to July 15, 1954, a user of or addicted to the use of a narcotic drug. c. Specific authority exists in 46 U.S.C. 240 for revocation or suspension of an officer's license for refusal to serve. $ 240. Revocation or suspension of officer's license for refusal to serve If any licensed officer shall, to the hindrance of commerce, wrongfully or unreasonably refuse to perform his official duties after having signed articles or while employed on any vessel as authorized by the terms of his certificate of license, or if any pilot or engineer shall refuse to admit into the pilot house or engine room any person whom the master or owner of the vessel may desire to place there for the purpose of learning the profession, his license shall be revoked or suspended upon the same proceedings as are provided in other cases of revocation or suspension of such license. d. With respect to proceedings before the hearing examiner, the basic statutory authority is the Administrative Procedure Act, 5 U.S.C. 1001 et seq. The Act will not be set out herein. e. Accidents are required to be reported under the authority of 33 U.S.C. 361 and 46 U.S.C. 526 (1) (c). $361. Reports of accidents generally; penalty Whenever any vessel of the United States has sustained or caused any accident involving the loss of life, the material loss of property, or any serious injury to any person, or has received any material damage affecting her seaworthiness or her efficiency, the managing owner, agent, or master of such vessel, shall within five days after the happening of such accident or damage, or as soon thereafter as possible, send, by letter to the Coast Guard official of the district wherein such vessel belongs or of that within which such accident or damage occurred, a report thereof, signed by such owner, agent, or master, stating the name and official number (if any) of the vessel, the port to which she belongs, the place where she was, the nature and probable occasion of the casualty, the number and names of those lost, and the estimated amount of loss or damage to the vessel or cargo; and shall furnish, upon the request of either of such Coast Guard officials, such other information concerning the vessel, her cargo, and the casualty as may be called for; and if he neglect or refuse to comply with the foregoing requirements after a reasonable time, he shall incure a penalty of $100. * Indicates material not applicable. § 5261. Reckless or negligent operation of vessels; prohibition; accident assistance, information and report (c) In the case of collision, accident, or other casualty involving a motorboat or other vessel subject to this subchapter, the operator thereof, if the collision. accident, or other casualty results in death or injury to any person, or damage to property in excess of $100, shall file with the Secretary of the Department within which the Coast Guard is operating, unless such operator is required to file an accident report with the State under section 521a (c) (6) of this title, a full description of the collision, accident, or other casualty, including such information as the Secretary may by regulation require. 2. REGULATORY AUTHORITY a. Detailed procedures for marine investigation are set forth in 46 CFR, part 136. In general, these define the various categories of accidents to be investigated and set forth the various steps of the proceedings which are undertaken. Administrative details regarding investigations are also covered by the regulations in this part. b. Detailed procedures for suspension and revocation proceedings are set forth in 46 CFR, part 137. The regulations in this part are similar to those in part 136 and cover similar matters. ATTACHMENT B STATUTORY BASIS FOR FEDERAL AVIATION AGENCY ACCIDENT INVESTIGATION ACTIVITIES Title VII of the Federal Aviation Act governs aircraft accident investigation in general. Section 701 (g) recognizes the need for the Administrator's participation in accident investigations conducted by the Civil Aeronautics Board, and makes it mandatory on the Board to provide for the Administrator appropriately to participate in any investigations conducted by the Board. This subsection reads as follows: "(g) In order to assure the proper discharge by the Adminisrator of his duties and responsibilities, the Board shall provide for the appropriate participation of the Administrator and his representatives in any investigations conducted by the Board under this title; Provided, That the Administrator or his representatives shall not participate in the determination of probable cause by the Board under this title." The law also provides that the Board may ask the Administrator to investigate accidents (Section 701 (f)). This is the basis of the Board's delegation (copy enclosed) to FAA for the investigation of small plane accidents under 12,500 pounds in which no fatalities occur. This subsection reads as follows: "(f) Upon the request of the Board, the Administrator is authorized to make investigations with regard to aircraft accidents and to report to the Board the facts, conditions, and circumstances thereof, and the Board is authorized to utilize such reports in making its determinations of probable cause under this title." There is also specific provision for participation by the Administrator in accidents involving solely military aircraft. Section 702(b) requires military authorities to provide for the Administrator's participation when a function of the Administrator is or may be involved. (The CAB is not involved in the investigation of military accidents; they are investigated directly by the military authorities; CAB's authority extends only to the investigation of accidents involving civil aircraft. This subsection reads as follows: (b) In the case of accidents involving solely military aircraft and in which a function of the Administrator is or may be involved, the military authorities shall provide for participation in the investigation by the Administrator." Other sections of the Federal Aviation Act give the Administrator further general or specific investigative authority, not addressed, however, as is Title VII to the investigation of accidents. Thus: Section 303 authorizes the Administrator to make expenditures for "(7) making investigations and conducting studies in matters pertaining to aeronautics;" Section 313 authorizes the Administrator "to conduct such investigations... as he shall deem necessary to carry out the provisions of, and to exercise and perform his powers and duties under" the Federal Aviation Act. Section 609 authorizes examination, reexamination and "any other investigation" of certificate holders. Note that the need to exercise this authority with reference to certificate holders frequently arises out of accidents or incidents. Section 1002 (a) requires the Administrator to investigate matters pursuant to complaints filed by any person. Section 1002 (b) authorizes the Administrator to institute investigations on his own initiative. CIVIL AERONAUTICS BOARD PUBLIC NOTICE PN-16 (Effective August 30, 1965) The developments in civil aviation since the issuance of Public Notice 13 requires the rescission of Public Notice PN 13. In lieu thereof the following request is issued. Request to the Administrator of the Federal Aviation Agency to investigate certain aircraft accidents for a temporary period Acting pursuant to the authority vested in it by Title VII of the Federal Aviation Act of 1958, the Civil Aeronautics Board hereby requests the Administrator of the Federal Aviation Agency to exercise his authority subject to the terms, conditions, and limitations of Title VII, and as set forth below, to investigate the facts, conditions, and circumstances surrounding certain fixed-wing aircraft accidents and to submit a report to the Board from which the Board may make a determination of the probable cause. A. The authority which you are requested to exercise under Section 701 (f) of the Federal Aviation Act of 1958, shall include the investigation of all civil aircraft accidents involving fixed-wing aircraft which have a certificated maximum gross takeoff weight of 12,500 pounds or less except 1. Accidents in which fatal injuries have occurred to an occupant of such aircraft. 2. Accidents involving aircraft operated in accordance with the provisions of Part 135 of the Federal Air Regulations entitled "Air Taxi Operators and Commercial Operators of Small Aircraft.” 3. Accidents involving aircraft operated by an air carrier authorized by certificate of public convenience and necessity to engage in air transportation in the State of Alaska. 4. Provided however, that this authority shall not be construed as authorization for the Administrator to hold public hearings or to determine the probable cause of the accident; and Provided further that the Administrator will report to the Board in a form acceptable to the Board the facts, conditions and circumstances surrounding each accident from which the Board may determine the probable cause. B. If at any time the Board shall determine whether upon request of the Administrator or upon its own initiative that the circumstances of a particular accident being investigated by the Administrator pursuant to this request are of sufficient public interest, the Board may, upon written notice to the Administrator, terminate this authority and assume full responsibility for the investigation of the accident in the same manner as an accident not covered by this request. C. Invoking the provisions of Section 701(f) is necessary inasmuch as sufficient funds have not been made available to the Board to provide adequate facilities and personnel to investigate all accidents involving civil aircraft. This request, therefore, is considered to be temporary in nature and may be modified or terminated by written notice to the Administrator. [SEAL] HAROLD R. SANDERSON, Secretary. ATTACHMENT C Statutory Authority for ICC Accident Investigation Activities MOTOR CARRIRES In all instances shown below, except as to carriers of migrant workers, Section 835 of 18 U.S. Code 831-835 is additional authority where explosives and other dangerous articles are involved. Authority to require reports of accidents from motor carriers Authorized common carriers--- Authorized contract carriers--- Private carriers of property. Carriers of migrant workers_. Sections 204 (a) (1) and 220 (a). Sections 204 (a) (3) and 220 (a), the latter Exempt motor carriers.. Authority to investigate accidents of motor carriers Authorized common carriers____ Private carriers of property. Carriers of migrant workers__. Exempt carriers__. Sections 204 (a) (1), 204 (c) and 220(d). Sections 204(a) (2), 204 (c) and 220 (d). Sections 204(a)(3), 204 (c) and 220 (d). the latter two sections being made applicable by the second sentence of Section 204 (a) (3). Sections 204 (a) (3a), 204 (c) and 220 (d). the latter two sections being made applicable by the second sentence of Section 204(a) (3a). Sections 204 (a) (1), (2), and (3a). Authority to issue reports regarding causes of accidents Authorized common carriers____. Carriers of migrant workers___ Exempt carriers.. Authority to require reports of accidents. Sections 204 (a)(1), 204 (c), 204(d), and Sections 201(a)(2), 204 (c), 204(d), and Sections 204 (a) (3), 204 (c), and 220(f), the Sections 204 (a) (1), (2) and (3a). PIPELINES Section 20(1) of Interstate Commerce Act and Section 835 of 18 U.S. Code 831-835 (Explosives and Other Dangerous Articles). Authority to investigate accidents. Sections 20 (5) and 13(2) of the Interstate Commerce Act and Section 835 of 18 U.S. Code 831-835 (Explosives and Other Dangerous Articles). Authority to issue reports regard- Section 14 of the Interstate Commerce Act ing causes of accidents. and Section 835 of 18 U.S. Code 831-835 (Explosives and Other Dangerous Articles). RAILROADS Requiring reporting of accidents--- 45 U.S. Code 32; 45 U.S. Code 38. Authorizing us to investigate acci- 45 U.S. Code 32; 45 U.S. Code 40. dents. Publishing reports of findings of ac- 45 U.S. Code 33; 45 U.S. Code 40. cident investigations. APPENDIX 6 (The following was submitted in response to a request noted on p. 207.) Hon. CHET HOLIFIELD, THE AMERICAN WATERWAYS OPERATORS, INC., House of Representatives, Washington, D.C. DEAR SIR: In the course of our testimony on April 25 before the Executive and Legislative Reorganization Subcommittee of the Committee on Government Operations on H. R. 13200, you requested that we submit amendments to the proposed legislation which would accomplish the purposes of the changes which we suggested. We appreciate the opportunity to do so. We shall deal with our proposed amendments, the explanation of them, and our views as to what they accomplish individually. Section 3(c) should be amended to read as follows: (e) There shall be in the Department four Assistant Secretaries and a General Counsel, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time; and four Assistant Secretaries, who shall be appointed by the President, by and with the consent of the Senate, who shall perform such functions, powers, and duties as the Secretary shall prescribe, with one such Assistant Secretary each assigned responsibilities with respect to the Department's policies and programs as they affect transportation by railway, highway, airway, and water. We understand the primary mission of the Department of Transportation is to coordinate the federal interest in transportation and, through research, promotion, and accident prevention activities, seek to insure that the nation has an adequate transportation system. We believe this mission can best be accomplished by the appointment of an Assistant Secretary by the President who will have, under the direction of the Secretary of Transportation, individual responsibility primarily concerned with these functions as they affect the modes named. The appointment of such Assistant Secretaries having modal responsibilities would in no way diminish the functions, powers and duties of the Secretary, the Under Secretary, or the four Assistant Secretaries having over-all staff responsibilities. The work of the Assistant Secretaries having modal responsibilities would be coordinated by the Secretary. With respect to Section 7 of the bill, we propose that the section be amended as follows with the strike-through indicating language to be deleted and the italicized language to be added: TRANSPORTATION INVESTMENT STANDARDS SEC. 7. (a) The Secretary shall develop and from time to time in the light of experience revise standards and criteria consistent with national transportation policies, for the formulation and economic evaluation of all proposals for the investment of Federal funds in transportation facilities or equipment, except such proposals as are concerned with (1) the acquisition of transportation facilities or equipment by Federal agencies in providing transportation services for their own use; (2) an interoceanic canal located outside the contiguous United States; (3) defense features included at the direction of the Department of Defense in the design and construction of civil air, sea, and land transportation; or (4) programs of foreign assistance. The Standards and criteria for economic evaluation of the transportation features of multipurpose water resource projects shall be developed recommended by the Secretary after consultation with to the Water Resources Council for approval, and shall be compatible with the standards and criteria for economic evaluation applicable to nontransportation features of |