REAR ADMIRAL CHARLES P. MURPHY has been designated by the Commandant as Chief, Office of Merchant Marine Safety as of 24 June 1964.

R. Adm. Murphy received his initial commission as lieutenant commander in the Coast Guard Reserve in 1943, and as commander in the regular Coast Guard in 1948.

R. Adm. Murphy graduated from Webb Institute of Naval Architecture in 1935 and subsequently served in the former Commerce Department Bureau of Marine Inspection and Navigation. When the Bureau was absorbed by the Coast Guard in 1942 he received a commission as rank of lieutenant commander

and served as Chief of the Naval Architecture Section in headquarters until 1946. He next served as Assistant Chief of the Merchant Marine Technical Division, and then as Chief of that division until 1959 when he assumed the post of Deputy Chief, Office of Merchant Marine Safety.

In assuming his duties as Chief of the Office of Merchant Marine Safety R. Adm. Murphy relieves R. Adm. Oscar C. Rohnke who has been designated as Commander of the 5th Coast Guard District.

R. Adm. Murphy has served on a number of technical committees, in addition to his regular duties. He was adviser to the U.S. Delegation at the International Conference on Safety of Life at Sea convened in London, England in 1948 and again in 1960; Cochairman of the Atomic Energy Panel of the Society of Naval Architects and Marine Engineers; has served longtime memberships in the American Bureau of Shipping Committee on Naval Architecture, the U.S. State Department Shipping Coordinating Committee, and the U.S. Treasury Committee for studying maritime tonnage admeasurement. He is also a member of the Society of Naval Architects and Marine Engineers and the National Fire Protection Association.

CAPTAIN BENJAMIN D. SHOEMAKER, JR. has been assigned to headquarters as Deputy Chief, Office of Merchant Marine Safety. A graduate of the Coast Guard Academy, he received his initial commission as ensign in 1938. After serving in varied capacities, including Commanding Officer, aboard Coast Guard cutters during World War II he subsequently was assigned to duties in Merchant Marine Safety.

In 1959 Captain Shoemaker was assigned to headquarters as Assistant Chief of the Merchant Vessel Inspection Division and then as Executive Secretary of the Merchant Marine Council. In 1962 he was assigned as officer in charge of Marine Inspection in New Orleans, and then served as Chief of the Merchant Marine Safety Division for the 8th Coast Guard District until he was recalled to headquarters for his present assignment.

The Coast Guard proposes to replace Ambrose and Scotland Lightships, which guard the entrance to the Port of New York, by a single "Texas Tower" type of fixed structure. The tower would consist basically of

a platform supported by four legs sunk into bedrock on the ocean floor and equipped with the navigation light tower and a helicopter landing deck. The new tower would be part of the Coast Guard's program which calls for eventual removal of some 25 lightships along our coastlines and replacement by either manned or unmanned light structures. The proposed light will have 3 million candlepower and be visible for 17 miles, or about 4 miles farther than the present Ambrose light.

The Scotland Lightship was established in 1868 to guard the southern approach to the port, and the Ambrose lightship was placed in its present location at the head of Ambrose Channel shortly after 1900. If the new plan goes into effect, the tower will be located approximately midway between the locations of the lightships.

By LCDR R. V. CASSANI, USCG CASUALTY REVIEW BRANCH, HEADQUARTERS

PILOTING, IN PART, might be described as the art of directing the movements of a vessel in channels, harbors, restricted waters, and other areas where navigation is often difficult or dangerous. Piloting requires a thorough knowledge of local waters and changing conditions within an

area.

England's pilotage system existed as early as the 14th century and was at that time, essentially, a guild or association of mariners. The port officials had realized that a ship's captain having been away from an area for many months lacked the knowledge of recent dangers or changes in the harbor channels. They provided for the administration of a group of persons to navigate vessels in and out of port and for the prevention of unqualified individuals from undertaking to pilot vessels.

HISTORY

When the English settled in America, they incorporated the system of pilotage in the colonial government. Prior to the Revolutionary War and the emergence of the United States as a nation in 1789, several States had already organized pilotage systems. Pennsylvania, for example, legislated a pilotage act in 1766 and Massachusetts in 1783. By 1789 when the first Congress met, shipping had begun to flourish, with the United States taking second place only to England. Vessels were built in great numbers for the fishing and coasting trade. In addition to the usual trade with Europe, a new commerce with the Orient developed. Congress, impressed by this great commerce and concerned with the problems of a newborn nation, enacted provisions for the continuance and expansion of the State pilotage systems by the act of August 7, 1789, found in Title 46, U.S. Code, Section 211. This statute has not materially changed and today it states: "Until further provision is made by Congress, all pilots in the bays, inlets, rivers, harbors, and ports of the United States shall continue to be regulated in conformity with the existing laws of the States respectively wherein such pilots may be, or with such laws as the States may respectively enact for the purpose."

The Constitution provides for the regulation of commerce, and jurisdiction over pilotage is within control of

the Federal Government. The commerce clause of the Constitution found in section 8 of article I could have abolished State pilotage systems but, by the very enactment of the act of 1789, Congress preserved the systems without relinquishing the right of Federal control of pilotage.

CONTROL OF PILOTAGE Impelled by squabbles among the various States, following the loss of two vessels off New York harbor due to

Photo Standard Oil Co. (N.J.)

a storm and inadequate pilotage, Congress passed an act in 1837 which permitted a master to employ any pilot upon waters which are situated between two States. This statute remains unchanged today and can be found in Title 46, U.S. Code, Section 212.

The control of pilotage was left up to the States until 1852 when the first federally licensed pilotage system was promulgated for passenger-carrying steamboats. It was part of an overall

steamboat act which brought passenger vessels under stricter inspection requirements. It primarily provided for a system of inspection and enforcement in an attempt to bring to an end a long series of disasters, particularly on the western rivers. A part of this act required that inspectors should license and classify all engineers and pilots of steamers carrying passengers. One of the first Federal licenses to be issued by local inspectors at St. Louis was to Samuel Clemens (Mark Twain) as pilot on the Mississippi River in 1852.

LEGISLATION

Congress in 1866 once again deemed it necessary to exercise control over pilotage and passed a comprehensive act which required "every" seagoing steam vessel subject to the navigation laws of the United States to be under the control of a federally licensed pilot.

The effect of this act removed all doubt as to the supremacy of Federal legislation. It made the State pilotage acts inapplicable to American seagoing vessels and virtually abolished compulsory State pilotage on these vessels. The opponents to this act and to the act of 1852 claimed that the Federal pilotage acts were a poor substitute for the State pilotage acts. After more than 6 months of bitter debate, Congress amended the 1866 act by adding: "Nothing in this act, or in the act of which it is amendatory, shall be construed to annul or effect any regulation established by the existing law of any State requiring vessels entering or leaving a port in such State" to take a State pilot. The existing State laws respecting port pilotage again became operative, but Federal authority was firmly implanted. It required every seagoing steam vessel subject to the navigation laws of the United States, "when underway, except upon the high seas" to be under control of a federally licensed pilot.

Another statute which can be found in Title 46, U.S. Code, Section 213, that has virtually remained the same since its inception in July 1866, placed further restrictions on the States in that it prohibited discrimination in rate fixing. The purpose of this statute was primarily to prevent any State from granting preference in piloting charges to vessels operating solely between ports in the States as opposed to vessels engaged in trade between various States.

In 1871 a bill was drafted by the Steamboat Inspection Service which required Federal pilots on all American vessels and State pilots on all foreign vessels. Somewhere between the drafting of the bill and enactment,

a limitation on Federal pilotage was inserted. The act of 1871 repealed the acts of 1852 and 1866, as amended, prescribed general regulations for licensing Federal pilots, defined the requirements as to port pilotage of "coastwise" seagoing vessels, and prohibited imposition of any obligation to employ State pilots on coastwise seagoing vessels. These provisions which are still in force can be found in Title 46, U.S. Code, Sections 214, 215, and 364. This act is often considered the most significant on the subject of pilotage. It limited Federal pilotage to "every coastwise seagoing steam vessel" and also to vessels navigating the Great Lakes. It definitely covered port pilotage, for it related to such vessels, "when underway, except on the high seas" and it applied only to those vessels, "not sailing under register."

LCDR Rudolph V. Cassani graduated from the New York State Maritime College, Fort Schuyler, N.Y., in 1946, at which time he was commissioned Ensign, U.S. Naval Reserve, and licensed as a Merchant Marine Officer (deck). His last assignment in the Merchant Marine was with the Grace Lines, Inc., as a deck officer. LCDR Cassani entered the Coast Guard as a LTJG, in 1954 and after serving on board the USCGC Spencer he reported to the Chicago Marine Inspection Office for Merchant Marine Safety duties. He is presently assigned within the Office of Merchant Marine Safety at Coast Guard Headquarters.

pilotage laws, but they may avail themselves of the service of Federal or State pilots. Registered vessels are documented within the U.S. customs laws, to enable them to declare and assert their nationality and to engage in trade with foreign nations. An enrollment and license is evidence of national character of a vessel engaged in coastal or home trade. The distinction between these latter two classes of vessels has been consistently adhered to by Congress in its legislation. The Supreme Court in a decision in 1901 said, "The general object of these provisions seems to be to license pilots upon steam vessels engaged in the coastwise or interior commerce of the country, and at the same time, to leave to the States the regulation of pilots upon all vessels engaged in foreign commerce." Coastwise seagoing vessels sailing under registry, having the privilege of touching at foreign ports are required to take compulsory State pilots. Coastwise seagoing vessels enrolled and licensed and not sailing under register, which have on board in their employ pilots licensed by the Coast Guard for the vessels route, are not required to take a compulsory State pilot. Many court decisions have continually held that masters and mates of registered vessels, making extended trips to foreign ports, lack up-to-date knowledge; while a master and mate of a coastwise vessel under enrollment and license, engaged in the home trade, is adequately familiar with changing conditions within the ports being navigated.

The Federal laws regarding pilotage have remained substantially fixed since 1871 but, as various other type of vessels were brought under inspection, their applicability was increased to include these vessels. The act of 1905 prescribed federally licensed pilots on motor vessels of over 15 gross tons carrying freight or passengers for hire, and in 1936 Federal pilot requirements were extended to tank vessels.

PILOTAGE IN WORLD WAR II

World War II brought about a "Coast Guard Pilot" as a result of various studies on pilotage and a directive authorizing the Coast Guard to assume complete military control of State pilots in order to obtain the maximum war effort. This directive dated December 4, 1942, read in part, "It is intended that each association of State-licensed pilots operate as a group of temporary members of the Coast Guard Reserve." There were no radical changes made in the piloting procedure. A notary system of assignments was not rigidly adhered to, and the senior pilots were instructed

to assign to the most competent officers the most difficult tasks. This plan provided a means of operational control, kept the units intact for the duration, and gave them military authority. This control provided assurance that the pilots would arrive without delay on board the vessel to be piloted, and that they were militarily responsible for the vital war information daily entrusted to them. While actually maneuvering the vessel, the pilots were still acting as State pilots rather than as Coast Guard officers. The State pilots' relationship to the master or commanding officer, the vessel, and the owner, remained as established in maritime law. There were no substitutions of command by reason of the membership of the pilots in the Coast Guard Reserve. Masters and commanding officers were still responsible for the navigation of their vessels and could have relieved or superseded the pilots whenever in their judgment it was necessary. The United States was still not responsible for any negligence of the pilots. They were still entitled to their fees as prescribed by the State and those fees were collected in the usual manner.

The federally licensed pilots also operated in groups, and in 1942 the total number of such pilots was 942. While the States controlled pilotage of American registered and foreign vessels on inland waters, every commercial vessel above 15 gross tons on the Great Lakes, bays, sounds, and rivers was required to be under control of a federally licensed pilot licensed for the waters in which the vessel was operated. Most coastwise and intercoastal steamship lines required their master and mates to hold pilotage endorsements on their licenses, and during the war emergency many of these officers joined pilot groups of federally licensed pilots. This system was also time tested and appeared satisfactory. As an additional wartime measure the Coast Guard insisted that in such important areas as the Cape Cod Canal, vessels could only move under the direction of an accredited pilot, one who was judged to be exceptionally qualified.

When piloting resumed on a civilian basis, both the Federal and State pilots could look back on success in achieving the maximum war effort. There had been no serious accidents and the number of groundings had been negligible compared to the large volume of shipping that was involved. Examples of excellent pilotage records were the handling of sometimes as many as 100 vessels a day, by 16 Federal pilots through the Cape Cod Canal, and the movement of 14,539 vessels through the treacherous Hell

Gate at New York without a grounding. A serious accident could have blocked these waterways and forced vessels to use the outside submarineinfested waters. Twenty-four pilots at Boston were often faced with the necessity of piloting 40 vessels, making a convoy. This was solved by removing the pilots by picket boat from the first, second, and third vessels outbound at a point where they were not necessary and taking them back to the 25th, 26th, and 27th vessel which had not at that time been called to move. This procedure was repeated until all the vessels had been provided with pilots. Many other significant and outstanding records were made by the pilots, and their contribution to the allied victory has been well documented in history.

GREAT LAKES PILOTAGE

Pilotage on the Great Lakes was usually confined to Canadian and United States vessels which were engaged in domestic trade. Navigation of these vessels, commonly referred to as "lakers," across boundary waters and into ports of the United States and Canada was free and open. Both nations satisfactorily held to the Treaty Relating to Navigation of the Great Lakes which was signed in 1909 and ratified April 1, 1910. By law these U.S. lakers had to be manned by officers licensed by the Coast Guard for pilotage on the various routes. The State compulsory pilotage systems were never applied to this area and are to this date not applicable. Prior to the opening of the St. Lawrence Seaway in 1959 there was little or no navigation of U.S.-registered vessels (those engaged in foreign trade) on the lakes. Foreign shipping had always navigated the Great Lakes without any compulsory pilotage. During the navigation season of 1949, 73 foreign vessels navigated the lakes while in 1955 the count was 329 foreign vessels. In the face of this constant increase, the contemplated completion of the St. Lawrence Seaway, as well as attendant projects for deepening the channels in the Great Lakes system, it was felt that some control over the competent manning of foreign- and U.S.-registered vessels was necessary. With the opening of the St. Lawrence Seaway, in addition to the 2,206 lakers operating exclusively on the lakes, there were also 1,033 foreign commercial vessels and 61 U.S.-registered vessels that made round-trip voyages during 1959 on the Great Lakes.

As early as 1957 the Coast Guard sponsored legislation to require competent pilotage on the Lakes. There was considerable debate in the years

that followed and it was not until 1 year after the St. Lawrence Seaway opened that the Great Lakes Pilotage Act of 1960, Title 46, U.S. Code, Section 216, was enacted into law. The Great Lakes Pilotage Act of 1960 established pilotage requirements on the Great Lakes and connecting tributary waters for U.S.-registered vessels and foreign vessels within a regulated and coordinated system with Canada. It provides standards of qualifications for registered pilots in that they have to possess an unlimited Great Lakes master's license suitably endorsed for pilotage on routes specified thereon. Licenses are issued by the Coast Guard and they are registered with the Department of Commerce which regulates rates, charges, and pilotage pools. The Coast Guard assures the pilot's professional competency, while the Department of Commerce assures adequate service and equitable participation by the pilots. The act requires registered pilots, either Canadian or American, to direct the navigation of these vessels through certain designated waters. It also requires registered pilots or other officers qualified for the waters concerned, to be on board and available while traversing undesignated areas.

By proclamation No. 3385, dated December 23, 1960, the President of the United States designated specific waters on the Great Lakes where registered U.S. vessels or foreign vessels are required to have in their service a registered pilot. These areas are designated District 1, which included the St. Lawrence Seaway; District 2, which included the western end of Lake Erie, the Detroit River, Lake St. Clair, and the St. Clair River; and District 3, which included the St. Marys River and Sault Sainte Marie Locks. All other waters (of the Great Lakes) are undesignated waters. The statute prohibits any State, municipal, or other local authority to require the use of pilots or to regulate any aspect of pilotage on the Great Lakes. The Great Lakes Pilotage Act of 1960 is the latest legislation concerning pilotage in the United States.

STATE PILOT ORGANIZATIONS

Pilotage has evolved from its historical beginnings into the system of service and safety we have today. composed of trained men organized into associations covering the navigable routes requiring this service. These associations, developed within the past 80 years, are important factors in the conduct of pilot service. Up until about 1880 competition was intense and there was no restriction on the number of pilots permitted for any port. Pilot boats jointly owned by