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Senator ALLOTT. Thank you very much.

Senator HARTKE. Thank you for coming gentlemen. I also have a letter from Congressman Brotzman to insert in the record.

CONGRESS OF THE UNITED STATES,
HOUSE OF REPRESENTATIVES,
Washington, D.C., June 19, 1970.

Hon. WARREN G. MAGNUSON,
U.S. Senator,

Washington, D.C.

DEAR SENATOR MAGNUSON: This is to advise you that I am acquainted with Mr. W. Donald Brewer who has recently been nominated for an appointment to the Interstate Commerce Commission by President Nixon.

It is my understanding that in the near future you will be holding hearings regarding his nomination.

I first knew Mr. Brewer as a member of the "Federal Family" in the Denver Metropolitan Area. At that time he was serving as Regional Director of the Post Office Department and I was the U.S. Attorney for the District of Colorado. From my observation, he was a dedicated, able public servant, combining innovation with pragmatism in the discharge of his duties.

At a later period I also had the opportunity to observe him in his capacity as president of the O.K. Tire and Rubber Company and as an outstanding and selfless community leader in the Denver Metropolitan Area. He gave immeasurably of his time to community activities and was highly regarded for his many contributions.

In short, I believe him to be an experienced and qualified public servant and believe he will do an excellent job as a member of the Interstate Commerce Commission.

If I can provide further information feel free to call on me.
Very truly yours,

DONALD G. BROTZMAN,
Member of Congress.

Senator HARTKE. Now Mr. Brewer, if you would stand aside for a few moments, we will consider the Coast Guard nominations at this time.

Commandant Bender.

STATEMENT OF ADM. CHESTER R. BENDER, COMMANDANT OF THE U.S. COAST GUARD, RELATIVE TO PROMOTIONS OF CAPT. WILLIAM A. JENKINS AND CAPT. AUSTIN C. WAGNER TO THE RANK OF REAR ADMIRAL

Commandant BENDER. Mr. Chairman and members of the committee: I am Adm. Chester R. Bender, Commandant of the Coast Guard.

I welcome the opportunity to speak on behalf of Captain Wagner and Captain Jenkins, whose nominations to rear admiral are before you this morning.

One vacancy in our flag rank will occur as a result of an unexpected retirement, and as a result of our admiral officer recount as required by title 14, United States Code, we are authorized an additional flag billet. The number of flag officers, however, will remain the same through the recent retirement of Rear Admiral Murphy, who was an extra number. Our total number of flag officers then will be 27, including one admiral, one vice admiral, and 25 rear admirals.

The biographies of Captain Wagner and Captain Jenkins have already been transmitted to you, so I will not review their careers in detail.

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I would point out that both of these officers have served in a variety of assignments ashore and afloat throughout the Coast Guard and have great depth of administrative and operational expertise. Both are completing assignments in positions of great responsibility.

Captain Wagner is now under orders to report to Coast Guard Headquarters, where he will assume duties as chief, office of boating safety.

Captain Jenkins is presently in Cleveland, Ohio, preparing to assume duties as commander of the Ninth Coast Guard District. Captain Wagner is with me today, but Captain Jenkins is presently in the process of relieving the commander in the ninth district and we thought it not feasible to have him with us. We have earlier advised the committee in this regard.

I would like to speak a bit from personal experience concerning these two officers whom I have known for 20 to 25 years.

Captain Wagner served with me when I was superintendent of the Coast Guard Academy, when he was then commandant of cadets and I found him to be not only an able but very energetic and willing officer.

In the case of Captain Jenkins, he succeeded me after a brief interval 20 years ago as aide and pilot to the Commandant of the Coast Guard and I have continued to hear nothing but good reports on him throughout his career.

In recent years he has developed quite a reputation in the field of oil spill pollution control and prevention and has been given an award for this within the past several months.

I can very sincerely say both of these officers, in my opinion, well warrant your consideration for promotion to the grade of rear admiral. Senator HARTKE. Thank you, Admiral.

Do you have a statement, captain?

Captain WAGNER. No, sir.

Senator HARTKE. Do you have any questions?

Senator COTTON. No questions.

Senator BAKER. No questions.

Senator PEARSON. No questions.

Senator HARTKE. Thank you, gentlemen.

(The biographies follow :)

BIOGRAPHICAL SKETCH OF CAPT. WILLIAM A. JENKINS, U.S. COAST GUARD

William A. Jenkins was born on November 2, 1917, at Kansas City, Mo., where he graduated from Central High School in 1936, and received an A.S. degree from Kansas City Junior College in 1938.

He was graduated from the U.S. Coast Guard Academy, New London, Conn., with a B.S. degree in engineering and with a commission of ensign on December 19, 1941, a few days after the bombing of Pearl Harbor.

During World War II, he first served as watch officer and deck officer on board the cutter Onondaga out of Seattle, Wash. In October 1942, he took charge of 83-foot patrol vessels operating on coastal convoy duty and submarine hunting out of the Coast Guard Station, Sandy Hook, N.J. From May to September of 1943 he was assigned to the ordnance and readiness section at the 3d Coast Guard District office in New York as training officer for the picket patrol forces. Assigned next to flight training at the Naval Air Station in Memphis, Tenn., and Pensacola, Fla., he received his wings from the latter in January 1944. During his first tour of duty as aviator at the Coast Guard Air Station, San Francisco, he piloted aircraft on air-sea rescue missions, was in charge of flight crews engaged in racon calibrating and loran accuracy checks, and was

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in charge of the station's air-sea rescue boats. In addition, he served as navigator and watch officer.

While next assigned at the Coast Guard Air Station, Brooklyn, N.Y., from June 1946 to October 1949, he served as assistant operations officer and acting flight commander. That was followed by a stint as executive officer, operations officer, and acting flight commander at the Coast Guard Air Detachment in Argentia, Newfoundland, which supplied the aircraft for the annual international ice patrol.

He next was stationed in Washington, D.C., as personal aide and pilot to the U.S. Coast Guard commandant from July 1950 to October 1954. At that time he was ordered to Hawaii where he first served as watch officer and operations officer as well as executive officer at the Coast Guard Air Detachment on Barber's Point until July 1956. He then served as chief, search and rescue division and as senior controller of the rescue coordination center at the 14th Coast Guard District office in Honolulu until August 1957.

While next stationed at the Coast Guard Academy for 4 years, Captain Jenkins served as head of the navigation and aviation department as well as assistant commandant of the cadets. In July 1961, he assumed command of the Coast Guard Air Detachment at San Juan, Puerto Rico, to which was added the duty of section commander, Greater Antilles section, in January 1963. In February of 1964, he was named commander of the Greater Antilles section, which includes command of the Coast Guard base and captain of the port office in San Juan and the role of search and rescue coordinator in that sector.

In August 1964, he returned to Washington to enroll at the National War College. After graduating in June 1965, he became chief, law enforcement division and program manager in the office of operations at headquarters. While in that post he became intensely involved in the pollution control problems. Some of his efforts in this respect included serving as chairman of an interagency oil spillage study group to explore means of coping with major oil pollution problems, sponsoring an investigation of sunken tankers as potential sources of pollution, representing the United States at international meetings of the North Sea countries on oil pollution contingency planning in Hamburg, Germany-1967 and 1968. He represented the Coast Guard on a study group panel which produced the major report called, “Oil Pollution—A Report to the President," and served as member of an interagency group which developed the current national multiagency oil and hazardous materials contingency plan. Captain Jenkins was cited for these and other achievements in that field when he was awarded the Coast Guard Commendation Medal in 1968.

He was presented a Gold Star in lieu of a Second Coast Guard Commendation Medal for meritorious achievement in the performance of duty while serving at headquarters as alternate department of transportation member of the committee on multiple use of the coastal zone of the National Council of Marine Resources and Engineering Development from August 1967 to June 1969.

Captain Jenkins served as deputy chief, office of operations at headquarters from June 1968 to June 1969, when he was transferred to Boston, Mass., to become Chief of Staff of the First Coast Guard District.

In addition to the first Coast Guard Commendation on Medal and the Gold Star in lieu of a Second Coast Guard Commendation Medal, Captain Jenkins has the following World War II campaign service medals and ribbons: American area, American defense, As atic-Pacific, World War II victory. He also has a medal for the Cuban missile crisis.

Following is a resumé of his appointments in rank: Ensign, December 19, 1941; lieutenant (jg), October 2, 1942; lieutenant, May 25, 1943; lieutenant commander, October 23, 1945; commander, July 1, 1956; captain, July 1, 1963. Nominated for rank of rear admiral, June 5, 1970.

During his years as a cadet from August 1938 to December 1941-shortened from 4 years to 3 because of the war emergency, Captain Jenkins was associate editor of the cadet year book, "Tide Rips-Class of 1942."

Captain Jenkins' wife is the former Frances Overin of Rockville Center, N. Y., a graduate of Mt. Holyoke College. They have two children, William O., born July 28, 1949, and Judith, March 13, 1951.

Added note: Nominated by the President June 5, 1970, for the permanent rank of rear admiral; awaiting confirmat on of the Senate.

Under orders to become Commander, Ninth Coast Guard District, Cleveland, Ohio, effective July 1, 1970.

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BIOGRAPHICAL SKETCH OF CAPT. AUSTIN C. WAGNER, U.S. COAST GUARD Born on May 24, 1919, in New York, Austin C. Wagner attended Mount Vernon High School, Mount Vernon, N. Y., Severna School, Severna Park, Md., and Lehigh University, Bethlehem, Pa.

He graduated from the U.S. Coast Guard Academy, New London, Conn., with a B.S. degree and a commission as ensign on December 19, 1941, shortly after the bombing of Pearl Harbor.

During World War II, he served his first assignment on board the Coast Guard combat cutter Campbell on North Atlantic convoy escort duty until June 1943, during which the cutter attacked four submarines and sank a fifth in February of 1943. During the remainder of the war he served first as executive officer and then as commanding officer of the destroyer escort U.S.S. Rhodes (DE-384) in the North Atlantic. He received a commendation ribbon for outstanding duty while commanding that vessel during the rescue of six survivors from oil and gasoline surface fires resulting from the collision between the tankers Nasbulk and Saint Mihiel on April 9, 1945.

Between August 1945 and August 1948, he served as adviser and instructor in the establishment of a Coast Guard for the Korean Government. During the following 2 years, he was director of the Coast Guard Auxiliary and recruiting officer in the Chicago area of the Ninth Coast Guard District. In September 1950, he became executive officer of the Coast Guard cutter Dexter, a 311-foot ocean station patrol vessel operating out of Alameda, Calif.

From September 1951 to July 1955, he was stationed at the Coast Guard Academy as instructor of seamanship and navigation and as sailing coach. He next commanded the 311-foot cutter Castle Rock out of Boston, Mass., on ocean station patrol in the North Atlantic until August 1957. At that time he was reassignel to the first district office in Boston as diretcor of auxiliary and as public information officer.

In July 1960, he was assigned to Coast Guard Headquarters, Washington, D.C., where he first served as assistant chief and then as chief, special services division, office of personnel, for 4 years. His duties in that post dealt with medals and awards, morale and discipline, survivors benefits, and personnel security among others. Captain Wagner served his next tour of duty as commandant of the cadets at the Coast Guard Academy from July 1964 to July 1967. At that time he assumed his post as commanding officer of the Coast Guard Base, St. George, Staten Island, N.Y.

In June 1968, he became commanding officer, Coast Guard Base, Governors Island, N.Y.

Captain Wagner's World War II campaign service medals and ribbons include the following: American Defense; American Area; European-African-Middle Eastern Area (with three battle stars); Asiatic-Pacific; Navy Occupation for his Korean service, as well as the Navy Commendation Ribbon. He also has the National Defense Service Medal and Ribbon.

He was promoted in rank as follows: Cadet, August 5, 1938; ensign, December 19, 1941; lieutenant (jg.), October 1, 1942; lieutenant, May 15, 1943; lieutenant commander, October 3, 1945; commander, June 1, 1956; captain, July 1, 1963. Captain Wagner was married on August 7, 1942, to the former Elaine C. Wagner (correct) of Delmar, N.Y., a graduate of the Connecticut College for Women. They have three sons, Keith (Feb. 16, 1944); Cort (Dec. 10, 1949); Craig (March 24, 1951).

Nominated for rank of rear admiral, June 5, 1970.

STATEMENT OF DONALD BREWER

Senator HARTKE. Mr. Brewer, do you have a statement you would like to make this morning?

Mr. BREWER. Thank you Mr. Chairman. I believe not.

Senator HARTKE. Mr. Brewer, we are involved in a time in which the Interstate Commerce Commission is the subject of some discussion, especially in light of the recent events concerning the Penn Central Railroad and the potentials of what may happen to some of the other railroads.

Can you tell me why you think you can make a valuable contribution to the Government by virtue of service on the ICC?

Mr. BREWER. Yes, thank you Mr. Chairman. I am delighted to have this opportunity to appear before you and to answer your questions. I believe and hope that my experience in Government, many years of which was dealing directly with transportation problems, 10 years as a postal inspector throughout the United States and Alaska, as an investigator, and as an administrator for many years, as regional director of the Post Office Department with 1,400 post offices, 18,000 employees in the Rocky Mountain area that was facing very many difficult problems in the transportation of mail, I have ridden many RPO's, talked to many railroad people, negotiated contracts with many star route carriers, buses, and other means of transportation.

Following that, in the financial area as president of a corporation I can see it from the shippers' viewpoint, I know the problems of the small shipper, I know some of the problems of trying to get your products moved and in my company we had a fleet of our own common carrier trucks, private carrier trucks, which seems to me to be some indication of understanding of their problems.

In the last year I have spent a considerable amount of time dealing with transportation problems, particularly in the Four Corners area. I was able to develop a comprehensive plan, a long-range comprehensive plan for the Four Corners Commission.

Among the top priorities of that Commission was development of better transportation system for the underdeveloped areas of the 92county area.

Based upon that I think maybe I would be able, hopefully, to gather together the right kind of information and assess it and make a judgment from it.

Senator HARTKE. Mr. Brewer, have you made any special studies concerning the recent circumstances surrounding the ICC's hearings we had here concerning oversight?

Mr. BREWER. Yes, I have read the hearings you presided over, and I certainly have looked into it as carefully as I could in the time I have had.

Senator HARTKE. Have you come to any conclusions about what changes, suggestions, or proposals, if any, you might have for the Interstate Commerce Commission?

Mr. BREWER. Well, I think it would be probably a little presumptious at this time to say I have come to any definite conclusions.

I have been trying to get an input, as much information as I could. I do believe in all sincerity you have made a valuable contribution in your hearings, from the consumer viewpoint, from the shipper viewpoint, from all viewpoints. I think we are in a crisis in transportation and I would hope that working with the other commissioners I would be able to make a contribution by finding solutions to some of these vexing problems.

Senator HARTKE. Have you studied the ICC staff study on conglomerates?

Mr. BREWER. No, I have not. I do have some views on conglomerates which I will later on try to use when I get on the Commission. Senator HARTKE. What are some of those views?

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