230 COLLAPSE OF TEXAS TOWER NO. 4 



of conflict upon the question of whether the tower shoukl have been 

 returned to port for repairs. 



When Commander Foster testified earlier this week, the question 

 arose during his examination by Mr. Kendall of who made the deci- 

 sion to make the repairs at sea after this defect developed in the 

 tower. Mr. Kendall asked the following question of Commander 

 Foster : 



The vital decision, then, was whether or not to attempt repairs at sea under- 

 water or return to port. That was the question ; right? 



Commander Foster. I would say that would be a fair statement of it, sir ; yes. 



Mr. Kendall. Who ultimately made the decision to attempt to make the 

 repairs at sea? 



Conuiiander Foster. I would like to refer again to my statement, sir, that 

 this tower was not, at that time, the property of the Navy, nor was it the respon- 

 sibility of the Navy. This tower belonged to the contractor, and would belong 

 to him until such time as he turned it over to us in an acceptable condition. 

 And if the contractor or any of his representatives felt that, (1) it was unsafe 

 at the time, or, (2) he would be unable to make a successful repair at sea, it 

 was up to him to take the tower back, not up to me to tell him to. 



Now, further: 



I did not consider it to be unsafe at the time, nor did I consider that we 

 could not put in a successful brace. My statement was that I took no action 

 to stopping or moving one way or another. This was his baby. 



Mr. Kendall said : 



My question was. Commander, specifically, who made the decision to attempt 

 the repairs at sea? 



Commander Foster. I approved the belief, if you like, that a repair could 

 be successfully made at sea. I believed it then, I l)elieve it now. 



As to the decision, had the contractor had any doubt in his mind, it was his 

 move. I took my action only based on the fact that he thought it could be done, 

 our architect-engineer thought it could be done ; I, myself, thought it could be 

 done. So I allowed them to stay and go on with the process. 



As I say, I thought I owed it to you to read that testimony. I don't 

 know just how vital, in view of all the testimony considered together, 

 this matter of responsibility for the decision will be, but you can see 

 it is a highly important one. 



And, as I understand it, you stand on the fact, and it is your testi- 

 mony squarely, that you did not make the decision and that it was not 

 your responsibilit}'^ ; is that correct ? 



Mr, Rau. Mr. Chairman, I gave the testimony as I remember it; 

 yes, sir. 



Senator Stennis. All right. 



Mr. Rau. Being it was our responsibility to upend the template, 

 that is true. But it was also our responsibility to turn over to the 

 Navy a structure that they would accept 



Senator Stennis. Yes. 



Mr. Rau (continuing) . Before we had final payment. So I couldn't 

 very well have made a decision to upend with the idea that in the end, 

 come November or whatever it was when we completed the tower, that 

 the tower wouldn't be accepted. 



Senator Stennis. At that point you were ready to follow either 

 course that the Navy decided upon, and either go back to port or at- 

 tempt the repairs at sea. 



Mr. Rau, Under the circumstances we would have to be. 



