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Annex to the rules: The annex is attached to the rules immediately following rule 31 and contains eight recommendations as a guide to the mariner on the use of radar information as an aid to avoiding collisions at sea.

Senator BARTLETT. Captain McComb?
Captain McComb?
Captain, would you care to place your statement in the record ?

STATEMENT OF CAPT. ARCHIBALD H. MCCOMB, JR., CHIEF, INTER

NATIONAL MARITIME SAFETY COORDINATING STAFF Captain McComb. Yes, sir. I request permission to place it in the record as though read.

Senator BARTLETT. It will be considered as if it had been read in full.

Thank you.

(The prepared statement follows:) STATEMENT BY CAPT. ARCHIBALD H. McCOMB, JR., CHIEF, INTERNATIONAL MARI

TIME SAFETY COORDINATING STAFF IN THE OFFICE OF MERCHANT MARINE SAFETY, U.S. COAST GUARD

I am Capt. Archibald H. McComb, Chief of the International Maritime Safety Coordinating Staff, Office of Merchant Marine Safety, U.S. Coast Guard.

I appreciate this opportunity to speak to you about S. 1459. This bill would authorize the President to proclaim the International Regulations for Preventing Collisions at Sea which were approved by the International Conference on Safety of Life at Sea, 1960. For brevity, I will refer to these henceforth as the 1960 international rules. If adopted, these rules will replace the international rules which had been approved by a similar conference in 1948.

The 1948 international rules were incorporated into statutory law by this country by the act of October 11, 1951, and have been in effect internationally since January 1954. These rules have been accepted by 54 nations, including all of the major maritime countries.

In the past, it has been the custom to enact the international rules as statutory law. Each time, they have been enacted without change in wording; since it is essential that they be uniform throughout the world, if they are to accomplish their primary objective-the prevention of collisions. Accordingly, S. 1459 contains the 1960 international rules verbatim.

The 1960 international rules made no changes which would impair navigational safety standards. We believe that these rules will be an improvement over those now in force. The 1960 international rules, which are set forth in S. 1459, are substantially in accordance with the U.S. proposals or in line with the U.S. positions on proposals made by other nations. There were no changes made which could be considered as detrimental to the interests of the United States.

I would like to briefly review the more significant changes which would be made by these rules :

1. A new rule 16(C) was adopted to provide for safer navigation by a vessel which detects another vessel outside of visual or audible range. Though not mentioning radar specifically, this rule—when considered together with the preliminary paragraphs to part C of the rules and the annex to the rules would encourage a good practice presently followed by many mariners.

2. New rules were adopted whereby vessels under 65 feet in length and sailing craft would not be permitted to hamper the safe passage of larger vessels in narrow channels. These are a recognition of prudent seamanship and should encourage small boats to keep to the side of channels and out of the way of larger vessels that cannot maneuver easily.

3. The new rules would permit a white light to be displayed in synchronization with whistle signals. When more than one steam vessel is in view during the daytime, the steam from the whistle can often be seen to indicate which vessel has signaled. A modern motor vessel, however, generally uses an air whistle and in this case, the visual indication is missing. The whistle light should help make clear which vessel is signaling.

4. The 1960 Conference adopted a separąte annex setting forth recommendations on the use of radar information as an aid to avoiding collisions at sea during restricted visibility. This annex is attached to the international rules and is contained in S. 1459. Most nations, including the United States, have already disseminated this information to their mariners.

The 1960 international rules also contain numerous other changes which update the rules and should lead to a better understanding by mariners and greater safety in the navigation of vessels. Many of them are described in the Secretary of the Treasury's letter transmitting this proposed legislation to the Congress.

To date, 15 nations have agreed to accept the 1960 international rules, and many others have taken preliminary steps to accept them. When substantial unanimity has been reached, the Intergovernmental Maritime Consultative Organization (IMCO) will announce an effective date for the 1960 international rules. At that time, the President would be authorized under this bill to proclaim that these rules have been accepted by the United States and announce their effective date.

The Coast Guard strongly recommends that favorable action be taken with respect to S. 1459. Thank you.

Senator BARTLETT. We have reports from the Department of State, dated May 14, 1963; the Department of Defense, dated June 10, 1963; and the Department of Commerce, dated May 21, 1963, all supporting enactment of the bill. We also have a letter to the chairman of the committee dated June 27, 1963, from the American Merchant Marine Institute, Inc., in Washington, D.C., supporting the bill. That letter will be made a part of the record. (The reports and letter follow :)

DEPARTMENT OF STATE,

Washington, May 14, 1963.. Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, U.S. Senate.

DEAR MR. CHAIRMAN: Thank you for your letter of May 9). 1963, enclosing for the comment of the Department of State a copy of S. 1459, a bill to: authorize the President to proclaim regulations for preventing collisions at sea..

The Department of State wishes to express its support of the bill. The revision of the regulations for prevention of collisions was formulated by the Conference on Safety of Life at Sea, 1960. Representatives of the United States participated in the work of revision and the decision of the Conference to submit the revised rules for consideration by the governments which have: accepted the present rules. The Conference also invited the Intergovernmental Maritime Consultative Organization, when substantial unanimity has been reached as to acceptance of the revised rules, to fix a date on and after which they shall be applied by the governments which have accepted them. Enactment of S. 1459 will permit submission of notice of acceptance by the United States. The procedure of formulation and submission to the Congress for authorization of the President to proclaim the regulations is the same as used for the adoption of the currently effective regulations which were prepared at the Conference on Safety of Life at Sea, 1948.

The Bureau of the Budget advises that from the standpoint of the administration's program there is no objection to the submission of this report. Sincerely yours,

FREDERICK G. DUTTON,

Assistant Secretary (For the Secretary of State).

DEPARTMENT OF THE NAVY,

OFFICE OF THE SECRETARY,
OFFICE OF LEGISLATIVE AFFAIRS,

Washington, D.C., June 10, 1963..
Hon. WARREN G. MAGNUSON,
Chairman, Committee on Commerce,
U.S. Senate, Washington, D.C.

MY DEAR MR. CHAIRMAN : Your request for comment on S. 1459, a bill to authorize the President to proclaim regulations for preventing collisions at sea,

has been assigned to this Department by the Secretary of Defense for the preparation of a report thereon expressing the views of the Department of Defense.

The purpose of S. 1459 is to authorize the President to proclaim the International Regulations for Preventing Collisions at Sea, 1960, on or after a date established by the Intergovernmental Maritime Consultative Organization.

The 1960 regulations do not constitute a radical departure from existing regulations. Rather, they restate existing regulations in modernized strengthened and simplified form. Perhaps the most significant change is the annex to the rules. Even this is not a radical change, since it merely describes what may be called a code of conduct for the proper use of radar under conditions of restricted visibility. Prudent mariners have been following these practices for years. The annex will, however, serve a useful purpose by describing clearly and concisely what these practices are and giving them recognition in the rules.

The Department of the Navy, on behalf of the Department of Defense, strongly supports the enactment of S. 1459.

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 ob ection to the presentation of this report for the consideration of the committee. Sincerely yours,

C. R. KEAR, Jr.,
Captain, U.S. Navy, Deputy Chief

(For the Secretary of the Navy).

GENERAL COUNSEL OF THE DEPARTMENT OF COMMERCE,

Washington, D.C., May 21, 1963. Hon. WARREN G. MAGNUSON, ('hairman, Committee on Commerce, U.S. Senate, Washington, D.C.

DEAR MR. CHAIRMAN: This letter is in reply to your request for the views of this Department with respect to S. 1459, a bill to authorize the President to proclaim regulations for preventing collisions at sea.

The purpose of the bill is to authorize the President to proclaim the Inter: national Regulations for Preventing Collisions at Sea, 1960, on or after a ciate established by the Intergovernmental Maritime Consultative Organization.

The proposed regulations were formulated at the Fourth International Conference on Safety of Life at Sea, 1960, which met under the auspices of the Intergovernmental Maritime Consultative Organization at London, England, from May 17 to June 17, 1960. This Conference was held with the objective of drafting a convention which would reflect the technical progress in navigation and shipbuilding since 1948, particularly as regards radar and nuclear vessels, and to consider needed changes to existing rules. The Conference decided not to annex to the Convention the revised International Regulations for Preventing Collisions at Sea. Instead, the Intergovernmental Maritime Consultative Organization (IMCO) was invited to forward the International Regulations for Preventing Collisions at Sea, 1960, to the governments which have accepted the present regulations. The Conference also invited IMCO, when substantial unanimity has been reached as to the acceptance of the revised regulations, to fix a date on and after which they shall be applied by the governments which have agreed to accept them. IMCO was requested to give not less than 1 year's notice of this date to the governments of all states. ( Final Act of the International Conference on Safety of Life at Sea, 1960: S. Doc. Executive K. 87th Cong., 1st sess., pp. 9–11.)

The bill would authorize the President to accept, on behalf of the United States, the revised international regulations and to proclaim an effective date, so far as the United States is concerned, consistent with that established by the Intergovernmental Maritime Consultative Organization. Existing regulations for preventing collisions involving watercraft upon the high seas, and in all waters connected therewith would be repealed upon the coming into effect of the International Regulations for Preventing Collisions at Şea, 1960, when proclaimed by the President. However, the bill would not repeal or otherwise change existing navigation rules applicable harbors, rivers, inland waters of the United States; the Great Lakes of North America, or the Red River of the North and the rivers emptying into the Gulf of Mexico.

Section 2 of the bill would reenact the provisions of section 2 of the act of October 11, 1951 (65 Stat. 406), in order to retain the authority of the Secretary of the Navy and the Secretary of the Treasury to exempt vessels of the Navy and Coast Guard, respectively, from application of regulations pertaining to the number, position, range of visibility, or arc of visibility of navigational lights, whenever the special construction of such vessels makes it impossible to comply with such regulations.

Section 3 of the bill provides for the repeal of the act of October 11, 1951, on the date the regulations authorized to be proclaimed by the present bill become effective. In effect this would repeal the existing International Rules for Preventing Collisions at Sea, 1960, as of that date. References in other laws to the act of October 11, 1951, would be deemed to be references to the new legislation.

Section 4 of the bill sets forth verbatim the International Regulations for Preventing Collisions at Sea, 1960 (annex B to the International Convention of Safety of Life at Sea, 1960).

In summary, the bill proposes approval by the Congress of Internationaf Regulations for Preventing Collisions at Sea which were considered and endorsed by the U.S. delegation to the Fourth International Conference on Safety of Life at Sea, 1960.

The Department believes that the proposed revisions would benefit transportation at sea and accordingly recommends enactment of S. 1459.

The Bureau of the Budget advised there would be no objection to the submission of this report from the standpoint of the administration's program. Sincerely,

LAWRENCE JONES (For Robert E. Giles).

AMERICAN MERCHANT MARINE INST., INC.,

Washington, D.C., June 29, 1963. Senator WARREN G. MAGNUSON, Chairman, Committee on Commerce, U.S. Senate, Washington, D.C.

DEAR SENATOR MAGNUSON: The American Merchant Marine Institute favors enactment of S. 1459, a bill which would establish procedure for bringing into effect the regulations for preventing collisions at sea which were drafted at the International Safety of Life at Sea Conference, London, 1960.

It is essential that there be an orderly procedure for bringing these international rules into effect simultaneously throughout the world at an appropriate time. This will be done when the Intergovernmental Maritime Consultative Organization finds that a sufficient number of countries have ratified the regulations. It is necessary for the President to be given authority to place these regulations into effect for U.S. shipping at the same time as they go into effect for other international shipping." To do otherwise would detract from rather than increase safety.

The Institute participated in the preparatory work preceding the SOLAS 1960 Conference and its representatives participated in the drafting of these regulations at the Conference. We have no reason to believe otherwise thàn that they are as satisfactory a body of regulations as could be obtained at the international level, and the several changes which have been incorporated therein will, in our opinion, increase the safety of life at sea.

We therefore wish to endorse both the new regulations themselves and the procedure established by this proposed legislation for placing them into effect.. We ask that this letter be made a part of the written record of the bill. Very truly yours,

ALVIN SHAPIRO. Senator BARTLETT. The committee understands there is no opposition whatsoever to this bill, S. 1459, which may be unique in the annals of legislative history.

The committee will stand in recess.
(Whereupon, at 12:15 p.m., the committee was recessed.)

(Subsequently a report from the Department of Justice was received supporting enactment of the bill and was made part of the record.)

U.S. DEPARTMENT OF JUSTICE,
OFFICE OF THE DEPUTY ATTORNEY GENERAL,

Washington, D.C., July 22, 1963.
Hon. WARREN G. MAGNUSON,
Chairman, Committee on Commerce,
U.S. Senate, Washington, D.O.

DEAR SENATOR: This is in response to your request for the views of the De partment of Justice on the bill (S. 1459) to authorize the President to proclaim regulations for preventing collisions at sea.

The Department of Justice recommends favorable consideration of the bill. The new international rules governing ships on the high seas were adopted and are being brought into use by the other maritime nations of the world following the London Safety at Sea Convention of 1960. The same procedure was used in adopting the international rules of 1948 which will be replaced by the 1960 rules (33 U.S.C.A. 143, et seq.).

The purpose of the bill is to bring the 1948 rules up to date and in particular to assimilate radar and such electronic improvements into the international rules. Enactment of this bill will help to establish uniform rules for all vessels on the high seas to prevent collision and to aid in maritime safety.

The Bu eau of the Budget has advised that the is no objection to the submission of this report from the standpoint of the administration's program. Sincerely yours,

NICHOLAS DEB. KATZENBACH,

Deputy Attorney General.

COMPTROLLER GENERAL OF THE UNITED STATES,

Washington, May 17, 1963. B-102234. Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, U.S. Senate.

DEAR MR. CHAIRMAN: Further reference is made to your letter of May 9, 1963, acknowledged on May 13, requesting the comments of the General Accounting Office concerning S. 1459, 88th Congress, 1st session entitled "A bill to authorize the President to proclaim regulations for preventing collisions at sea."

We have no special information or knowledge as to the desirability of the proposed legislation and, therefore, we make no recommendation with respect to its enactment. Sincerely yours,

JOSEPH CAMPBELL, Comptroller General of the United States.

FEDERAL MARITIME COMMISSION,

OFFICE OF THE CHAIRMAN,

Washington, D.C., May 17, 1963. Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, U.S. Senate, Washington, D.C.

DEAR MR. CHAIRMAN: This is in reply to your request of May 9, 1963, for the views of the Federal Maritime Commission with respect to S. 1459, a bill to authorize the President to proclaim regulations for preventing collisions at sea.

Inasmuch as the bill does not affect the responsibilities or jurisdiction of the Commission, we express no views as to its enactment.

The Bureau of the Budget has advised that there would be no objection to the submission of this letter from the standpoint of the administration's program. Sincerely yours,

Thos. E. STAKEM, Chairman. O

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