"PUBLICATION "SEC. 610. All rules and regulations, except such as have no general applicability and legal effect or are effective only against Federal agencies or persons in their capacity as officers, agents, or employees thereof, issued, prescribed, or promulgated pursuant to authority contained herein, shall be forwarded forthwith to the Division of the Federal Register in The National Archives for filing and publishing in the Federal Register." Senator WHITE. As a matter of fact, a month ago-the exact date is not in my mind-the Senate passed a resolution, Senate Resolution No. 7, authorizing the Committee on Commerce, or a subcommittee thereof, to conduct a study of the causes contributing to the Morro Castle disaster and the Mohawk disaster, and to make other studies which might throw light on the question of safety of life at sea and might result in recommendations to Congress for greater security of persons and property-who go to sea. One of the particular matters to be inquired into is as follows [reading]: To investigate the adequacy and enforcement of the present legal standards of safety of shipping construction and operation. The chairman of the committee, Senator Copeland, under authority of the full committee, invited a number of technical experts to organize themselves into a committee to aid this senatorial committee. That advisory committee was selected by Senator Copeland, and in the progress of its work it broke itself down into various subcommittees. One of those subcommittees gave special consideration to the problem of radio and to the part radio plays in the navigation and operation of ships and safety of ships. It is my understanding that this bill which we are to consider this morning was drafted by Senator Copeland, with the cooperation of this subcommittee of the senatorial committee to which I have alluded. At Senator Copeland's request, I am presiding over hearings on this bill. Before we start the hearing I should like to be advised who there is present who desires to be heard in support of this legislation, then I will seek to find out who there are present who wish to be heard in opposition of the bill. I understand that Mr. Stewart, of the Federal Communications Commission, is here, and I understand Commander Webster, also of the Communications Commission, is here and that both of them will express their views concerning the legislation. Is there anyone else who wants to make any statement in behalf of the legislation? Mr. PETERSON. I would, Mr. Chairman. Mr. DUNBAR. Mr. Chairman, I want to ask a question for information. Mr. Hagerman and I are here for the Lorain County Radio Corporation, Lorain, Ohio, and are interested only in the service on the Great Lakes. I do not know whether you would say what we have to say about this bill is for or against it, but we have some constructive suggestions to make. Senator WHITE. I do not know whether you will speak for it or against it, and I think it must rest with you to determine whether you are to speak for it or against it. Mr. DUNBAR. We will speak for it, with our amendment to it. Senator WHITE. Ís there anyone else who expects to speak in behalf of the legislation; and if not, who is there present who is opposed to the legislation? I want to suggest if you have any idea of saying anything in this hearing, you want to make it known now or you may not get opportunity hereafter. Mr. JOHNSON. Mr. Chairman, my name is Gilbert R. Johnson, of Cleveland, Ohio, appearing for the Lake Carriers Association. Senator WHITE. In opposition? Mr. JOHNSON. Yes; partly; and I offer the names of two gentlement who will speak for the same objection, Mr. H. E. Wood and Capt. C. A. Anderson. Mr. ROTHMAN. Mr. Chairman, I would like to speak in opposition to the legislation. Mr. BAKER. Mr. Chairman, my name is R. J. Baker, and I am president of the American Steamship Owners Association, and I desire to speak. Senator WHITE. Is there anyone else-and I will just repeat my warning, you want to speak up now or you may not be heard hereafter. Mr. MEADOWS. Mr. Chairman, I am representing the American Federation of Labor. I never saw this bill until this morning, and we may request to file a brief or be heard sometime later during the consideration of the bill. Senator WHITE. Then we will proceed; and Mr. Stewart, if you are ready, we will be glad to hear you at this time. Will you give your full name and connection to the reporter? STATEMENT OF IRVIN STEWART, A MEMBER OF THE FEDERAL COMMUNICATIONS COMMISSION, WASHINGTON, D. C. Mr. STEWART. Mr. Chairman, the Federal Communications Commission endorses and approves the purposes and requirements of S. 3954 and recommends its enactment. The act entitled "An act to require apparatus and operators for radio communication on certain ocean steamers", approved June 24, 1910, as amended, is the only existing law requiring that ships sailing from our ports shall have radio apparatus and operators to enhance the safety of life and property at sea. Because of the limitations contained in that act, it is applicable to a very small number of vessels and is not responsive to presentday conditions. The Federal Communications Commission has realized, since its creation in 1934, the necessity of amending or replacing that act for the purpose of requiring radio installation on more ships and of modernizing the radio requirements of today. The Department of Commerce and the Federal Radio Commission, which agencies administered in succession the above-mentioned act previous to 1934, were also alive to the need for an amendment. The delay in submitting to Congress a recommendatoion on the subject has resulted from an expectation that the International Con vention for the Safety of Life at Sea, London, 1929, would be ratified. Considerable study has been given to the subject by the Federal Communications Commission during the past year. The Commission has refrained from submitting recommendations to the Congress, in view of the study being made of the same problem by the Senate Committee on Commerce, in which study a member of the engineering staff of the Commission has been assisting the committee at the committee's request. The conclusions of the Commission are in general accord with those of your committee; and in a letter to the chairman of this committee, dated March 12, 1936, the Commission endorsed S. 3954 and made certain comments on it. I have no testimony to offer, except the reiteration of our recommendation that the bill be enacted. However, Commander Webster, for the Commission, would be pleased to answer any questions or to give any information which may be desired. Mr. Chairman, I wish to state my appreciation for the opportunity to express again our hope that S. 3954 will be enacted in order that life and property at sea may be made more secure. Senator WHITE. Thank you. At your suggestion, we will be glad to have Commander Webster give his views and state the views of the Commission. Will you please come forward, Commander, and state your name and your connection, and will you give us any statement which you desire to make? STATEMENT OF LT. COMDR. E. M. WEBSTER, OF THE FEDERAL COMMUNICATIONS COMMISSION Mr. WEBSTER. Mr. Chairman, before I proceed with the statement I would like to clarify my status at this hearing, in order that there will be no misunderstanding of the remarks that I make. I am a retired officer of the United States Coast Guard, at present holding a civilian position with the Federal Communications Commission. My position with the Coast Guard necessitated my study of radio problems over a considerable period of years, but I wish to have it clear that I am not representing any of the views of the Coast Guard nor am I appearing for that organization. I have no statement to make for the Commission. This statement that I am about to make represents the views of the technical committee which advised Senator Copeland in the preparation of the bill under consideration. I would like to briefly give the origin of S. 3954, and a preliminary general statement before taking up the bill in detail. Following the Morro Castle disaster the Senate authorized, by Senate Resolution No. 7, the Senate Committee on Commerce to study the question of safety of life at sea and to make recommendations for necessary legislation covering that subject. The chairman of the Senate Committee on Commerce, in the early part of 1935, appointed a technical committee to advise the Senate committee regarding the matters involved in that resolution. The technical committee was composed of: Rear Admiral G. H. Rock, United States Navy, retired; Mr. H. Gerrish Smith, National Council of American Shipbuilders; Mr. William Francis Gibbs, naval architect; Mr. George G. Sharp, naval architect; Mr. J. Lewis Luckenback, American Bureau of Shipping; Mr. J. B. Weaver, Department of Commerce, Bureau of Navigation and Steamboat Inspection; Prof. H. L. Seward, Department of Commerce (Shipping Board Bureau); Capt. A. H. Van Keuren (Construction Corps), United States Navy, Construction and Repair; Comdr. H. T. Smith, United States Navy, Bureau of Engineering; Comdr. Herbert N. Perham, Coast Guard; Lt. Comdr. E. M. Webster, Coast Guard, retired, Federal Communications Commission; Mr. Turner W. Battle, Department of Labor; and Captain Joyce, United States Navy, retired, who are representatives from interested Government departments and others outside of the Government skilled in the design and equipment of ships. It was my pleasure to be designated by the Federal Communications Commission to assist the Senate Committee on Commerce and be a member of the technical committee. One of the subjects under consideration by the technical committee was the installation of radio equipment aboard ships in the interest. of safety of life at sea. This was given considerable study, and S. 3954, introduced by Senator Copeland, carries out the recommendation of that committee. As I took a considerable part in drafting the recommendations of the technical committee, I place myself at your disposal for the purposes of making any explanations in regard to that recommendation as you may desire. I wish to point out at this time that the installation of radio equipment, its operation, and the regulation of radio operators are at present covered principally by three laws. First is the international treaty, which at the present time is the International Telecommunication Convention and the General Radio Regulations annexed thereto, of Madrid, 1932. In regard to those countries which have not signed that convention and regulations, our radio relations with them are covered by the Radiotelegraph Convention of Washington, 1927. Second is the Communications Act of 1934. Third is the so-called Ship Act of 1910, amended in 1912. In addition to these three laws, we are confronted with the International Convention for the Safety of Life at Sea, London, 1929. All of the signatories, 17 in number, of that convention, except the United States, have ratified it, and 17 other maritime nations adhere to its provisions. The United States took a leading part in that Convention, and the many high standards of safety given therein are a result of the insistence of the United States representatives. One section of that convention is devoted to radio requirements aboard ships. The Ship Act, which I have referred to, requires that all steam vessels carrying, or licensed to carry, 50 or more persons and plying between ports or places over 200 miles apart, are required to be fitted with radio and to employ two operators, one of whom shall be on duty while the ship is being navigated. It will be noted that the number of persons on board is the criterion for deciding what ships are to be fitted. This act was originally administered by the Department of Commerce and was passed to the Federal Radio Commission by the Radio Act of 1927, which Commission was later superseded by the present Federal Communications Commission. The Communications Act of 1934, creating the Federal Communications Commission, also contains provisions relating to but not re quiring radio on ships; provides that the Commission issue station licenses to ships and inspect such stations; provides for the qualification and licensing of radio operators; and further provides certain. penalties and administrative procedure, all of which are in addition to the provisions of the Ship Act. The primary purpose of the recommended legislation is to replace and modernize the Ship Act dealing with the equipping of ships with radio apparatus and the manning by operators for safety purposes. In view of the close relationship between the Ship Act and the Communications Act, 1934, it is believed both logical and necessary to combine the two in enacting new legislation to replace the Ship Act. Therefore it will be noted that the suggested legislation is in the form of amendments to the Communications Act; otherwise, it would necessitate a repetition of many provisions of the Communications Act in order to form a complete related whole. Both the Ship Act, enacted 25 years ago, and the Communications Act of 1934 are now inadequate, as they do not provide by statute for the full utilization of radio as a major safety factor at sea. The deficiencies include: First. Ship Act applies to steamers only, and does not apply to ships propelled by other means, such as motor and sail. Second. The narrow limitations of the Ship Act result in comparatively few ships being required by law to be fitted with radio. Of the approximate 1,500 ships of the United States which should be radio equipped, if the principles of the International Convention for Safety of Life at Sea were applied to all United States ships sailing on domestic voyages as well as on foreign voyages, only about 272 are now required by law to be so fitted. While over 1,000 of the total number of 1,500 are voluntarily equipped with radio and do not come under the Ship Act, there remain between 100 and 150 which carry no radio. Senator WHITE. May I interrupt you right there. Mr. WEBSTER. Yes, sir. Senator WHITE. Of the thousand or so that are voluntarily equipped with radio, there is no reason why, so far as our law goes, they might not abandon that equipment tomorrow, and it is also true, is it not, that we have no requirement as to a voluntarily equipped ship as to operators or anything of the sort? Mr. WEBSTER. That is correct. Third. The terms of the Ship Act are not complete and in some respects they are not sufficiently definite, in view of the present-day conception of providing for safety at sea. Fourth. Present provisions are not on a uniform basis with the requirements of the majority of maritime nations. This makes administration difficult and embarrassing, and results in delays and inconveniences on the part of ships of the United States in foreign ports as well as foreign ships in ports of the United States. Fifth. Disciplinary control by the Commission over the operator is limited to authority for punishment by suspension of the operator's license for a limited number of causes. The formula given in the Ship Act has been disregarded and the radio provisions of the International Convention for the Safety of Life at Sea, London, 1929, and the present laws affecting ship offi |