Materials on H.R. 11804, Federal railroad safety authorization act of 1976, H.R. 11837 ...

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Materials on H.R. 11804, Federal railroad safety authorization act of 1976, H.R. 11837 ...
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Materials on H.R. 11837 ..
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United States -- Congress. -- House. -- Committee on Interstate and Foreign Commerce
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Subjects / Keywords:
Railroad law -- United States   ( lcsh )
Railroads -- Safety regulations -- United States   ( lcsh )
Railroads -- Finance -- United States   ( lcsh )
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General Note:
At head of title: 94th Congress, 2d session. Committee print no. 19.
Statement of Responsibility:
prepared by the staff for the use of the Committee on Interstate and Foreign Commerce, U.S. House of Representatives.

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Table of Contents
    Front Cover
        Page i
        Page ii
    Table of Contents
        Page iii
        Page iv
    H.R. 11804
        Page 1
        Page 2
        Page 3
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
    H.R. 11837
        Page 9
        Page 10
    Section-by-section summary of H.R. 11804
        Page 11
        Page 12
    Executive communication 2463 on railroad safety legislation
        Page 13
        Page 14
        Page 15
    Changes in existing law
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
    Hazardous materials transportation act
        Page 28
        Page 29
        Page 30
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
    Executive communication 2388 on hazardous materials transportation
        Page 37
        Page 38
        Page 39
        Page 40
        Page 41
    Independent safety board act of 1974
        Page 42
        Page 43
        Page 44
        Page 45
        Page 46
        Page 47
        Page 48
        Page 49
    Executive communication 1948 on the National Transportation Safety Board
        Page 50
        Page 51
        Page 52
        Page 53
        Page 54
        Page 55
        Page 56
        Page 57
        Page 58
    Back Cover
        Page 59
        Page 60
Full Text
V ~
/


94th Congress COMMITTEE PRINTS COMMITTEE
2d Session O IT PIPRINT No. 19


MATERIALS ON

H.R. 11804
FEDERAL RAILROAD SAFETY AUTHORIZATION ACT OF
1976

H.R. 11837
TO AMEND THE FEDERAL RAILROAD SAFETY ACT OF 1970
TO AUTHORIZE ADDITIONAL APPROPRIATIONS
HAZARDOUS MATERIALS TRANSPORTATION ACT
INDEPENDENT SAFETY BOARD ACT OF 1974






PREPARED BY THE STAFF
FOR THE USE OF THE

COMMITTEE ON INTERSTATE AND

FOREIGN COMMERCE

U.S. HOUSE OF REPRESENTATIVES



if's







FEBRUARY 23, 1976





U.S. GOVERNMENT PRINTING OFFICE
66-6560 WASHINGTON : 1976


34?

















COMMITTEE ON INTERSTATE AND FOREIGN COM
HARLEY 0. STAGGERS, West Virginia, Cirma


TORIIERT H. MACDONALD, Massachusetts
JOHN E. MOSS, California
JOHN D. DINGELL, Michigan
PAUL 4,. ROGERS, Florida
LIONEL VAN DEERLIN, California
FRED B. ROONEY, Pennsylvania
JOHN M. MURPHY, New York
DAVID E. SATTERFIELD III, Virginia
BROCK ADAMS, Washington
W. S. (BILL) STUCKEY, JR., Georgia
BOB ECKHARDT, Texas
RICHARDSON PREYER, North Carolina
JAMES W. SYMINGTON, Missouri
CUARLES J. CARNEY, Ohio
RALPH H. METCALFE, Illinois
GOODLOE E. BYRON. Maryland
JAMES H. SCHEUER. New York
RICHARD L. OTTINGER, New York
HENRY A. WAXMAN, California
ROBERT (BOB) KRUEGER, Texas
TIMOTHY E. WIRTH, Colorado
PHILIP R. SHARP, Indiana
W\LIAM M. BRODHEAD, Michigan
W. G. (BILL) HEFNER, North Carolina
JAMES J. FLORIO, New Jersey
ANTHONY TOBY MOFFETT, Connecticut
JIM SANTINI, Nevada
ANDREW MAGUIRE, New Jersey


SAMUEL L. DEVINE, Ohio
JAMES T. BROYHIL, North Carol
TIM LEE CARTER, Kentucky
CLARENCE J. BROWN, Ohio
JOE SKUBITZ, Kansas
JAMES M. COLLINS, Texas
LOUIS FREY, JR., Florida
JOHN Y. MeCOLLISTER, Nebrask
NORMAN F. LENT, New York
H. JOHN HEINZ III, Pennsylvania
EDWARD R. MADIGAN, Illinois
CARLOS J. MOORHEAD, Californi
MATTHEW J. RINALDO, New Jeri
W. HENSON MOORE, Louisiana


W. E. WILLIAMSON, Clerk
KENNETH J. PAINTER, Assistant Clerk

Professional Staff


CHARLES B. CURTIS
LE 8. HYDE
ELIZABETH HARRISON
JEFFREY H. SCHWARTZ
JAMES M. MENG Ai Jr.


WILLIAM P. ADAMS
ROBERT R. NORDHAUS
BRIAN R. MOIR
WILLIAM G. PHILLIPS
KAREN NELSON


MARGO DINNEEN
PAUL MOLLOY, Minority Counsel


(u)














CONTENTS


Page
H.R. 11804- -- -
H.R. 11837 .-
Section-by-section summary of H.R. 11804 ...........
Executive communication 2463 on railroad safety legislation ------------
Changes in existing law:
H.R. 11804 ....
H.R. 11837
Hazardous Materials Transportation Act
Executive communication 2388 on hazardous materials transportation ---
Independent Safety Board Act of 1974 ......
Executive communication 1948 on the National Transportation Safety
Board.......................................................
(III)



















Digitized by the Internet Archive
in 2013













http://archive.org/details/materr11800un












94TH CONGRESS
2H. K. 11804




IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 9, 1976
Mr. STAGGERS introduced the following bill; which was referred to the Coin-
mittee on Interstate and Foreign Commerce




A BILL
To amend the Federal Railroad Safety Act of 1970 to authorize
additional appropriations, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 ties of the United States of America in Congress assembled,
3 That this Act may be cited as the "Federal Railroad Safety
4 Authorization Act of 1976".
5 SEc. 2. (a) Section 212 of the Federal Railroad Safety
6 Act of 1970 (45 U.S.C. 441) is amended to read as
7 follows:
8 "SEC. 212. AUTHORIZATION FOR APPROPRIATIONS.

9 "(a) There are authorized to be appropriated to carry
10 out the provisions of this title not to exceed $35,000,000 for
11 the fiscal year ending September 30, 1977.


(1)








2

1 "(b) Ex pt as provided in subsection (c) of this sec-

2 lion, amounts appropriated under subsection (a) of this sec-
3 tion shall be available for expenditure as follows:
4 "(1) not to exceed $18,000,000 for the Office of

5 Safety, including salaries and expenses for not more

6 than (A) five hundred safety inspectors, (B) forty-five
7 signal and train control inspectors, and (C) 110 clerical

8 personnel;
9 "(2) not to exceed $3,500,000 to carry out the

10 provisions of section 206 (d) of this Act;
11 "(3) not to exceed $3,500,000 for the Federal

12 Railroad Administration, for salaries and expenses not
13 otherwise provided for; and

14 "(4) not to exceed $10,000,000 for conducting
15 research and development activities under this Act.

16 "(c) The aggregate of the amounts obligated and ex-
17 pended for research and development in the fiscal year end-
18 ing September 30, 1977, shall not exceed the aggregate of

19 the amounts expended for rail inspection and for the in-

20 vestigation and enforcement of railroad safety rules, regula-

21 lions, orders, and standards under this Act in the same fiscal
22 year.".

23 SEc. 3. (a) Secfion 6 of the Act of March 2, 1893 (45
24 U.S.C. 6), is amended by striking out "$250" and inserting





3

3
1 in lieu thereof "not less than $500 and not more than

2 $5,000".
3 (b) Section 4 of the Act of April 14, 1910 (45 U.S.C.

4 1.3) is amended bystriking out "$250" and inserting in lieu
5 thereof "not less than $500 and not more than $5,000".

6 (c) Section 3 of the Act of May 30, 1908 (45 U.S.C.
7 18) is amended by striking out "$200" and inserting in lieu

8 thereof "not less than $500 and not more than $5,000".
9 (d) Section 9 of the Act of February 17, 1911 (45
10 U.S.C. 34) is amended by striking out "$250" and inserting
11 in lieu thereof "not less than $500 and not more than

12 $5,000".
13 (e) Section 25 (h) of the Interstate Commerce Act (49
14 U.S.C. 25 (h)) is amended by striking out "$100 for each
15 such violation and $100" and inserting in lieu thereof "not
16 less than $500 and not more than $5,000 for each such
17 violation and not less than $500 and not more than $5,000".
18 (f) Section 209 (b) of the Federal Railroad Safety Act

19 of 1970 (45 U.S.C. 438 (b)) is amended by striking out
20 "$250 nor more than $2,500" and inserting in lieu thereof
21 "$500 and not more than $5,000".
22 SEc. 4. Section 2 (a) of the Act of March 4, 1907
23 (45 U.S.C. 62 (a) ), is amended-








4
1 (1) by striking out "or" at de end of paragraph

2 (1);
3 (2) by striking out the period at the end of para-

4 graph (2) and inserting in lieu thereof "; or"; and

5 (3) by adding at the end thereof the following new

paragraph:
6 n

7 "(3) not to provide employees with sleeping quar-

8 ters, including crew quarters, camp or bunk cars, and

9 trailers, which (A) provide employees with an op-

10 portunity for uninterrupted rest in quarters having con-
11 trolled temperatures, and (B) are located away from a

12 yard where switching or humping is performed.".
13 SEe. 5. Section 2 (c) of the Act of March 4, 1907

14 (45 U.S.C. 62 (c)), is amended to read as follows:
15 "(c) The provisions of this Act shall not apply to the

16 members of crews of wreck or relief trains whenever an

17 actual emergency exists and work of the crew is related to

18 such emergency, except that in any event it shall be unlaw-

19 ful for crew members of wreck or relief trains to be required

20 or permitted to work more than sixteen consecutive hours
21 in any twenty-four-hour period. For the purpose of this

22 paragraph, an emergency ceases to exist when the track is

23 cleared and the line is open for traffic.".
24 SEC. 6. Section 202 of the Federal Railroad Safety Act




5

5

1 of 1970 (45 U.S.C. 431) is amended by adding at the end

2 thereof the following new subsections:
3 "(g) Notwithstanding any provision of law or regula-
4 tion to the contrary, the following requirements shall be ap-
5 plicable for purposes of providing protection against following

6 and opposing trains:
7 ': (1) Whenever a train stops under circumstances

8 in which such train may be overtaken by another train,
9 protection by means of flagging shall be provided by a
10 member of the crew. To provide such protection, such

11 a crew member shall, at a sufficient distance from the

12 stopped train to assure full protection (A) place two
13 torpedoes on the track, and (B) whenever necessary,

14 display lighted fusees. In providing such protection, such
15 crew member shall carry a red flag by day and a red or
16 white light, or both, at night.

17 "(2) Upon being recalled and whenever safety
18 to the train permits, such crew member may return to

19 the train.
20 "(3) Whenever conditions require, such crew mem-

21 ber shall leave such torpedoes and a lighted fusee.
22 "(4) The front of such train shall be protected in
23 the same way, whenever necessary, by a member of the

24 crew.








6
1 "(5) Whenever a train is moving under "cim-

2 stances in which it may be overtaken by another traini
3 a member of the crew shall take such action as may be

4 necessary to insure full protection. By night (or by day,

5 if the view is obscured), lighted fusees shall be dropped

6 from the moving train or displayed at proper intervals.

7 (6) Whenever day signals cannot be plainly seen,

8 because of weather or other conditions, night sigals

9 shall also be used.

10 "(7) Whenever a pusher engine is assisting a train,

11 coupled behind the cabin or caboose car, and the men-

12 ber of the crew who protects the rear end of such train

13 is riding in the ca)in or caboose car, the requirements

14 with respect to fuses may be met by dropping such fusee

15 between the cabin or caboose car and the pusher engine

16 on the track such train is using, and not between such
17 track and an adjacent track.

18 "() Notwithstanding any provision of law or regulation

19 to the contrary, the following protection shall be provided

20 for all employees working on, under, or about an engine, car,

21 or train:
22 "(1) A blue signal, displayed at both ends of an

23 engine, car, or train shall indicate that women are

24 under or about such engine, car, or train. Whenever an

25 engine, car, or train is protected by such a blue signal,







7

1 it shall not be coupled to or moved. Each class of work-
2 men shall display the blue signals and the same workmen
3 are alone authorized to remove such signals. Other equip-
4 ment shall not be placed on the same track so as to
5 obstruct the view of the blue signals.

6 (2) Blue signals shall consist of a blue light by
7 night and a blue flag or marker by day.

8 (3) Whenever emergency repair work .is done
9 under or about an engine or car in a train and a blue

10 signal is not available, the engineman shall be notified
11 and protection shall be given to those persons engaged

12 in making repairs.
13 "(4) Workmen shall not work under or about cars
14 being switched into a hump yard track or any other track

15 until they are notified by the hump operator or person
16 controlling the switching that no more cars will enter
17 the track and that switches have been locked against

18 movement onto the track by warning shields or padlocks.

19 (5) In the case of manual switches, locks may be
20 applied by switchmen or road crewmen bringing the
21 engine to the train. The hump operator may apply
22 a protective shield to a remotely controlled switch and
23 remove it after work is completed and the blue signals

24 are removed.








8

1 "(6) Blue signals shall be displayed at both ends

2 of a train or cut of cars receiving an initial or other train
3 air brake test until such test is completed and they are

4 removed by the class of workmen performing such test.

5 "(i) Notwithstanding any provision of law or regula-

6 tion to the contrary, the rear car of all passenger and freight
7 trains shall have highly visible markers which are lighted
8 during periods of darkness or wheioeVer weather conditions
9 restrict clear visibility.

10 "(j) The Federal Railroad Administration shall be

11 divided into ten regional offices for purposes of administering
12 and enforcing all Federal railroad safety laws. Such regional

13 offices shall be under the direct control of the Associate
14 Administrator for Safety of the Federal Railroad Adminis-
15 tration.".











94Tm CONGRESS
2D S!sioN R.11837




IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 10, 1976
Mr. STAcGRS (for himself and Mr. DEVINE) (by request) introduced the fol-
lowing bill; which was referred to the Committee on Interstate and
Foreign Commerce




A BILL
To amend the Federal Railroad Safety Act of 1970 to authorize
additional appropriations.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That section 212 of the Federal Railroad Safety Act of 1970
4 (45 U.S.C. 441) is amended to read as follows:

5 "SEC. 212. AUTHORIZATION FOR APPROPRIATIONS.
6 "There are authorized to be appropriated to carry out
7 the provisions of this title not to exceed $35,000,000 for
8 each of the fiscal years ending September 30, 1977, and

9 September 30, 1978.".
I


(9)















SECTION-BY-SECTION SUMMARY OF H.R. 11804
Section 1
Provides for short title of "Federal Railroad Safety Authorization
Act of 1976."
Sectn m 2 (a) and (b)
This section authorizes the same amount of funds that was author-
ized by Congress for fiscal year 1976, $35 million. The total amount
authorized is specifically allocated for particular purposes and also is
the same as provided in the fiscal year 1976 authorization. The funds
are allocated as follows:
(1) Not in excess of $18 million for safety inspection and enforce-
ment activities, including salaries and expenses for up to 500 safety
inspectors and 110 clerical personnel. There is earmarked a require-
ment authorizing FRA to hire up to 45 signal and train control
inspectors.
(2) Not in excess of $3.5 million matching funds for States.
(3) Not in excess of $3.5 million for salaries and expenses of the
Federal Railroad Administration not otherwise provided for.
(4) Not in excess of $10 million for safety research and
development.
Section 2(c)
There is a proviso, repeated from fiscal year 1976 authorization, re-
stricting the hunds expended for safety research and development not
to exceed the amount spent on safety inspection and enforcement
activities.
Section 3
This section increases the penalties under the existing safety laws to
not less than $500 and not more than $5,000. The Hours of Service Act
and the hazardous materials laws are not amended.
Section 4
This section requires the railroads to provide employees with lodging
quarters that will allow the employees to receive uninterrupted rest
and shall be located away from a yard where switching or bumping
is performed.
Section 5
This section clarifies the Hours of Service Act by stating that the
exemption for crews on wreck trains is applicable only during the
period of time when the emergency exists and until the track is cleared
and open for traffic. A proviso is added prohibiting a wreck train crew
from working in excess of 16 consecutive hours in any 24-hour period.
(11)





12


Section 6
This section adds several new subsections to Section 202 of tf
eral Railroad Safety Act of 1970 as follows:
The new subsection (g) adopts into law a flag protection rule i
following and opposing trains which is generally known in
dustrv as "Rule 9955". There are many variations of the rule, a
would bring about improved safety and uniformity.
The new subsection (h) adopts a so-called blue flag-blue lig
for the protection of employees working on, under, or about an,
car or train. It requires either a light or flag at a track whE
ployees are inspecting and repairing cars and requires the swit
be locked to protect against movement into the said track.
The new subsection (i) requires highly visible markers wh
lighted in darkness and in bad weather conditions to be placed
end car of all passenger and freight trains.
The new subsection (j) requires the FRA to be divided into
gional offices, which offices shall be under the direct control of i
sociate Administrator for Safety.




















EXECUTIVE COMMUNICATION 2463

Of Rr

,THE SECRETARY OF TRANSPORTATION
WASHINGTON, D.C. 20590

JAN 2u 1976


Honorable Carl Albert
Speaker of the House
of Representatives
Washington, D.C. 20515

Dear Mr. Speaker:

There is transmitted herewith a proposed bill
"To amend the Federal Railroad Safety Act of
1970 to authorize additional appropriations."

Authorization for appropriations tb fund the rail safety program
under the Federal Railroad Safety Act of 1970 expires September 30,
1976. This proposed bill would extend authorization for appro-
priations for the Department's rail safety program for fiscal
years 1977 and 1978.

Promoting, improving and enforcing rail safety is a continuing
task. Section 202 of the Rail Safety Improveme nt Act of 174
(itle TT of P.L. 93-633) provides:

"The Congress finds that more effective realization
of the purposes of the Federal Railroad Safety Act
of 1970 requires that Act to be amended to mandate
comprehensive analysis and evaluation of the rail
safety program, to increase the amount and percentage
of available resources for inspection, investigation,
and enforcement, and to increase the enforcement
powers of the Secretary of Transportation."

Pursuant to this declaration of policy, the Federal Railroad
Administration (FRA) has continued to expand its regulatory
and enforcement efforts. The FRA has revised its Accident
Reports regulations to improve its analysis of the level of
rail-safety. New safety rules have been proposed with respect
to passenger train visibility. The FRA has established a


66-656 0 76 3






14


2

Railroad Operating Rules Advisory Committee to study the
impact of operating rules, signal systems and human factors
on the relative level of rail safety. Further, the state
participation program under section 206 of the Act has been
substantially implemented with respect to the initial
standards promulgated under the Act. As of December, 1975,
10 States are participating in this program in the track area.
Seven applications for participation are under review, and
discussions are being held with five other States which have
expressed an intent to participate. Regulations dealing with
certain aspects of the transpoitation of hazardous materials
have been issued, and proposed rules designed to cover rail-
road occupational safety standards are being developed.

In order to improve our rail safety program and to combat
increasing numbers of employee injuries, FRA is now developing,
through a number of studies, both a short-term action plan and
a longer-range plan to provide a basis for directing the
Federal safety program. These studies will provide the basis
for reviewing our current approach to the safety problem and
setting new goals and policies. To maximize our safety efforts
within available resources, we are undertaking the following
actions pursuant to the recently adopted Safety Improvement
Plan:

(1) continuing inspection and surveillance efforts to
insure that all carriers are properly reporting accidents
and operating in compliance with our regulations;

(2) focusing our major enforcement efforts on the ten
target railroads having the poorest safety records;

(3) increasing the enforcement powers of our inspectors
to enable them to remove unsafe cars from service and reduce
speeds on defective track;

(4) utilizing more sophisticated track inspection
equipment;

(5) investigating operating procedures and conditions
of safely operated railroads for purposes of comparison with
railroads with poor safety records;
(6) developing better training materials to improve
understanding of Federal safety requirements;

(7) improving procedures for investigating complaints;










3

(8) reviewing employee casualty statistics to identify the
problem areas;

(9) developing qualification standards for railroad
inspectors to insure that they have the knowledge and ability
to inspect track and equipment for compliance with Federal
requirements; and

(10) reviewing regional boundaries to determine whether
t ore equit able istribut. t -f ares, of p resp
can be achieved.

The importance of the railroad industry as a transporter of
freight and passengers requires a continuing effort t o.promote
railroad safety. Accordingly, the enclosed draft billlould
authorize the appropriation of $35 million in each of the
fiscal years 1977 and 1978 for operations under the Federal
Railroad Safety Act of 1970.

The proposed legislation will not have an adverse impact on
the environment nor will it have an inflationary impact on
the economy.

The Office of Management and Budget advises that the submission
of this proposed bill to the Congress is consistent with the
President's program.

Sincerely,



William T. Coleman, Jr.








I/The draft bill was introduced on February 10, 1976, as
H.R. 11837 and appears on-page 9 of this print.











CHANGES IN EXISTING LAW

CHANGES IN ExIsrio LAW MADE BY H.R. 11804, AS INTRODUCED
For the information of the members of the committee, the Federa
Railroad Safety Act of 1970, together with amendments to such Ac
iuade by H.R. 11804, as introduced, is shown as follows (existing lai
proposed to be omitted is enclosed in black brackets, new matter i
printed in italics, existing law in which no change is proposed is show]
in roman) :
FEDERAL RAILROAD SAFETY Ac-r oF 1970
TITLE II-RAILROAD SAFETY
Sec. 201. Short Title.
This title may be cited as the "Federal Railroad Safety Act o
1970".
Sec. 202. Rail Safety Regulations.
(a) The Secretary of Transportation (hereafter in this title re
ferred to as the "Secretary") shall (1) prescribe, as necessary, ap
propriate rules, regulations, orders, and standards for all areas c
railroad safety supplementing provisions of law and regulations i
effect on the date of enactment of this title, and (2) conduct, as necec
sary, research, development, testing, evaluation, and training for a]
areas of railroad safety. However, nothing in this title shall prohibit
the bargaining representatives of common carriers and their em
ployees from entering into collective bargaining agreements under th
Railway Labor Act, including agreements relating to qualification
of employees, which are not inconsistent with rules, regulations
orders, or standards prescribed by the Secretary under this tith
Nothing in this title shall be construed to give the Secretary authorit
to issue rules, regulations, orders, and standards relating to quat
fications of employees, except such qualifications as are specificall
related to safety.
(b) Hearings shall be conducted in accordance with the provisions c
section 553 of title 5 of the United States Code for all rules, regulations
orders, or standards issued by the Secretary including those estal
lishing, amending, revoking, or waiving compliance with a railroad
safety rule, regulation, order, or standard under this title, and a
opportunity shall be provided for oral presentations.
(c) The Secretary may, after hearing in accordance with subsectic
(b) of this section, waive in whole or in part compliance with any ril,
regulation, order, or standard established under this title, if he detei
mines that such waiver of compliance is in the public interest and:
consistent with railroad safety. The Secretary shall make public h
reasons for granting any such waiver.
(16)





17


(d) In prescribing rules, regulations, orders, and standards under
this section the Secretary shall consider relevant existing safety data
and standards.
(e) The Secretary shall issue initial railroad safety rules, regula-
tions, orders, and standards under this title based upon existing safety
data and standards, not later than one year after the date of enact-
ment of this title. The Secretary shall review and, after hearing in
accordance with subsection (b) of this section, revise such rules, reg-
ulations, orders, and standards as necessary.
(f) Any final agency action taken under this section is subject to
judicial review as provided in chapter 7 of title 5 of the United States
Code.
(g) Notwithstanding any provision of law or regulation to the
contrary, the following requirements shall be applicable for purposes
of providing protection' against following and opposing trains:
(1) Whenever a train stops under circumstances in which such
train may be overtaken by another train, protection by means of
flagging shall be provided by a member of the crew. To provide
such protection, such a crew member shall, at a sufcient distance
fram, the stopped train to assure full protection (A) place two
torpedoes on the track, and (B) whenever necessary, display
lighted fuses. In providing such protection, such crew member
shall carry a red flag by day and a red or white light, or both, at
night.
(2) Upon being recalled and whenever safety to the train per-
mits, such crew member may return to the train.
(3) Whenever conditions require, such crew member shall leave
such torpedoes and a lighted fusee.
(4) The front of such train shall be protected in the same way,
whenever necessary, by a member of the crew.
(5) Whenever a train is moving under circumstances in which
it may be overtaken by another train, a member of the crew shall
take such action as may be necessary to insure full protection. By
night (or by day, if the view is obscured), lighted fusees shall be
dropped from the moving train or displayed at proper intervals.
(6) Whenever day signals cannot be plainly seen, because of
weather or other conditions, night signals shall also be used.
(7) Whenever a pusher engine is assisting a train, coupled be-
hind the cabin or caboose car, and the member of the crew who
protects the rear end of such train is riding in the cabin or caboose
car, the requirements with respect to fusees may be met by drop-
ping such fusee between the cabin or caboose car and the pusher
engine on the track such train is using, and not between such track
and an adjacent track.
(h) Notwithstanding any provision of law or regulation to the con-
trary, the following protection shall be provided for all employees
working on, under, or about an engine, car, or train:
(1) A blue signal, displayed at both ends of an engine, car, or
train shall indicate that workmen are under or about such engine,
car, or train. Whenever an engine, car, or train is protected by
such a blue signal, it shall not be coupled to or moved. Each
class of workmen shall display the blue signals and the same





18


workmen are a e etethorized to rem such. siga. Other
equipment shall not be placed on the same track so a to ObtrU~t
tev)ewof the blu sianay.
(2) Blue signals shall coin~iut of a blue light by night and a
blue #vg or marker by day.
(3) Whenever emergency repair work is done under orabu
an engine or car in a train and a blue signal is not available, the
nginer-an shall be notified and protection shall be given to MO
persons engaged in making repesr.
(4) Workmen shall not 'work under or about ows bin
switched intu a hump yard track or any other track ,)til they are
notified by the hump operator or person controlling the switc
that no more cars will enter the track and that switches have been
locked against m.oement onto the track by uwmang shields or
padlocks.
(5) In the case of manual switches, locks may be applid by
switchmen or road crewmen bringing the engine to the train. The
hump operator may apply a protective shield to a remotely con-
trolled switch and remove it after work is completed and the blue
signals are removed.
(6) Blue signals shall be displayed at both ends of a train or
cut of cars receiving an initial or other train air brake test until
such test is completed and they are removed by the class of work-
men performing such test.
(i) Notwithsta any provision of law or regulation to the con-
trary, the rear car of a passenger and freight traim shall have highly
visible markers which are lighted during periods of darkness or when-
eoer weather conditions restrict clear visibility.
(j) The Federal Railroad Administration shall be divided into ten
regional offices for purposes of administering and enforcing all Fed-
eral railroad safety laws. Such regional offices shall be under the direct
control of the Associate Administrator for Safety of the Federal Rail-
road Administration.
Sec. 203. Emergency Powers.
If through testing, inspection, investigation, or research carried out
pursuant to this title, the Secretary determines that any facility or
piece of equipment is in unsafe condition and thereby creates an emer-
gency situation involving a hazard of death or injury to persons
affected by it, the Secretary may immediately issue an order, without
regard to the provisions of section 202 (b) of this title, prohibiting the
further use of such facility or equipment until the unsafe condition
is corrected. Subsequent to the issuance of such order, opportunity for
review shall be provided in accordance with section 554 of title 5 of
the United States Code.
Sec. 204. Grade Crossings and Railroad Rights-of-Way.
(a) The Secretary shall submit to the President for transmittal to
the Congress, within one year after the date of enactment of this title,
a comprehensive study of the problem of eliminating and protecting
railroad grade crossings, including a study of measures to protect
pedestrians in densely populated areas along railroad rights-of-way
together with his recommendations for appropriate action including,







if relevant, a recommendation for equitable allocation of the economic
costs of any program proposed as a result of such study.
(b) In addition the Secretary shall, insofar as practicable, under
the authority provided by this title and pursuant to his authority over
highway, traffic, and motor vehicle safety, and highway construction,
undertake a coordinated effort toward the objective of developing
and implementing solutions to the grade crossing problem, as well
as measures to protect pedestrians in densely populated areas along
railroad rights-of-way.
Sec. 205. State Regulation.
The Congress declares that laws, rules, regulations, orders, and
standards relating to railroad safety shall be nationally uniform to
the extent practicable. A State may adopt or continue in force any
law, rule, regulation, order, or standard relating to railroad safety
until such time as the Secretary has adopted a rule, regulation, order,
or standard covering the subject matter of such State requirement. A
State may adopt or continue in force an additional or more stringent
law, rule, regulation, order, or standard relating to railroad safety
when necessary to eliminate or reduce an essentially local safety
hazard, and when not incompatible with any Federal law, rule, regu-
lation, order, or standard, and when not creating an undue burden
on interstate commerce.
Sec. 206. State Participation.
(a) A State may participate in carrying out investigative and sur-
veillance activities in connection with any rule, regulation, order, or
standard prescribed by the Secretary under this title if the safety prac-
tices applicable to railroad facilities, equipment, rolling stock, and
operations within such State are regulated by a State agency and such
State agency submits to the Secretary an annual certification that such
State agency-
(1) has regulatory jurisdiction over the safety practices appli-
cable to railroad facilities, equipment, rolling stock, and opera-
tions within the State concerned;
(2) has been furnished a copy of each Federal safety rule, regu-
lation, order, and standard, applicable to any such railroad
facility, equipment, rolling stock, or operation, established under
this title as of the date of the certification;
(3) is conducting the investigative and surveillance activities
prescribed by the Secretary as necessary for the enforcement by
him of each rule, regulation, order, and standard referred to in
paragraph (2) of this subsection, as interpreted by the Secretary.
The Secretary shall retain the exclusive authority to assess and com-
promise penalties and (except as otherwise provided by section 207 of
this title) to request injunctive relief for the violation of rules, regula-
tions, orders, and standards prescribed by the Secretary under section
202 (a) of this title and to recommend appropriate action as provided
by sections 209 and 210 of this title.
(b) Each annual certification shall include a report, in such form
as the Secretary may by regulation provide, showing-
(1) the name and address of each railroad subject to the safety
jurisdiction of the State agency;





20


(2) all accidents or incidents reported during the precedii
twelve months by ch such railroad involving personal mjuryl
quiring hopitafation, fatality,, or property d
$750 or such other higher amount as the Sec ry
together with a summary of the State agency's investigation a
the cause and circumstances surrounding each such accide
incident;
(3) the record maintenance, reporting, and inspection p
conducted by the State agency to aid the Secretary in his enfor
ment of rules, regulations, orders, and standards prescribed I
him under section 202(a) of this title, including a detail of f
number of inspections made of rail facilities, equipment, rolli
stock, an(l operations by the State agency during the prece
twelve months; and
(4) such other information as the Secretary may require.
The report included with the first annual certification need not shc
information unavailable at that time. If after receipt of annual Ceri
cation the Secretary determines that the State agency is not satisfy
torily complying with the investigative and surveillance activiti
prescribed by him with respect to such safety rules, regulations, ordel
and standards, he may, on reasonable notice and after opportuni
for hearing, reject the certification, in whole or in part, or take sw
other action as he deems appropriate to achieve adequate enforcemei
When such notice is given by the Secretary, the burden of proof shi
be upon the State agency to show that it is satisfactorily complyii
with the investigative and surveillance activities prescribed by t
Secretary with respect to such safety rules, regulations, orders ai
standards.
(c) With respect to any railroad facility, equipment, rolling stoc
or operation for which the Secretary does not receive an annual ceri
fication under subsection (a) of this section, the Secretary may ent
into an agreement with a State agency to authorize such agency
provide all or any part of the investigative and surveillance i
prescribed by the Secretary as necessary to obtain compliance with ai
Federal safety rule, regulation, order, or standard applicable to a
such railroad facility, equipment, rolling stock, or operation. An agrE
ment entered into under this subsection, or any provision thereof, mi
be terminated by the Secretary if, after notice and opportunity f
a hearing he fin&s that the State agency has failed to provide all or Pu
part of tie investirative and surveillance activities to which the ar
ment relates. Such finding and termination shall be published in f
Federal Register, and shall become effective no sooner than fifte
days after the date of publication.
(d) Upon application by any State agency which has submitted
certification under subsection (a) of this section, or entered into
agreement under subsection (c) of this section, the Secretary shall pa
out of funds appropriated pursuant to this title or otherwise mal
available, up to 50 per centurn of the cost of the personnel, equipmei
and activities of such State agency reasonably required, during thee
suing fiscal year, to carry out a safety program under such certific
tion or agreement. No such payment may be made unless the Sta
agency making application under this subsection given assurance







satisfactory to the Secretary that the State agency will provide the
remaining cost of such a safety program and that the aggregate
expenditures of funds of the State, exclusive of Federal grants, for
the safety program will be maintained at a level which does not fall
below the average level of such expenditures for the last two fiscal
years preceding the date of enactment of this title.
(e) The Secretary is authorized to conduct such monitoring of State
investigative and surveillance practices and such other inspection and
investigation as may be necessary to aid in the enforcement of the
provisions of this title.
(f) The certification which is in effect under subsection (a) of this
section shall not apply with respect to any new or amended Federal
safety rule, regulation, order, or standard for railroads established
under this title after the date of such certification until the State
agency has submitted an appropriate certification in accordance with
the provisions of subsection (a) of this section to provide the necessary
inspection and surveillance activities in accordance with the provisions
of such subsection.
See. 207. Enforcing Compliance With Federal Railroad Safety
Rules, Regulations, Orders, and Standards.
In any case in which the Secretary has failed to assess the civil
penalty applicable under section 209 of this title, or no civil action has
been commenced to obtain injunctive relief under section 210 of this
title, with respect to a violation of any railroad safety rule, regulation,
order, or standard issued under this title, within 90 days after the date
on which such violation occurred, a State agency participating in
investigative and surveillance activities under the provisions of section
206 of this title within the State where the violation occurred, may
apply to the district court of the United States within the jurisdiction
of which the violation occurred for the enforcement of such rule, regu-
lation, order, or standard. The court shall have jurisdiction to enforce
compliance with such rule. regulation, order, or standard by injunction
or other proper process to restrain further violation thereof, or to
enjoin compliance therewith. or to assess and collect the civil penalty
included in or made applicable to such rule, regulation. order. or stand-
ard. The provisions of this section shall not apply in any case in which
the Secretary has affirmatively determined, in writing, that no viola-
tion has occurred.
Sec. 208. General Powers.
(a) In carrying out his functions under this title, the Secretary is
authorized to perform such acts including, but not limited to, conduct-
ing investigations, making reports, issuing subpenas, requiring produc-
tion of documents, taking depositions, prescribing recordkeeping and
reporting requirements, carrying out and contracting for research,
development, testing, evaluation, and training (particularly with re-
spect to those aspects of railroad safety which he finds to be in need
of prompt attention), and delegating to any public bodies or qualified
persons, functions respecting examination, inspecting, and testing of
railroad facilities, equipment, rolling stock, operations, or persons, as
he deems necessary to carry out the provisions of this title. The Secre-
tary is further authorized to issue orders directing compliance with


66-656 0 76 4





22


this Act or with any railroad safety rule, regulation, order, or
issued under this Act; the district courts of the United Sta s
have jurisdiction, upon petition by the Attorney General, to eaf
such orders by appropriate means.
(b) The National Transportation Safety Board shall have the
thority to determine the cause or probable cause and report the
conditions and circumstances relating to accidents investigated ur
subsection (a) of this section, but may delegate such authority
any office or official of the Board or to any office or official of
Department of Transportation with the approval of the Secretar
it may determine appropriate.
(c) To carry out the Secretary's and the Board's responsible
under this title, officers, employees, or agents of the Secretary or
Board, as the case may be, are authorized to enter upon, inspect,
examine rail facilities, equipment, rolling stock, operations, and
tinent records at reasonable times and in a reasonable manner.
officers, employees, or agents shall display proper credentials w
requested.
(d) All orders, rules, regulations, standards, and requirement
force, or prescribed or issued by the Secretary under this title, ol
any State agency wlich is participating in investigative and sur
lance activities pursuant to section 206 of this title, shall have
same force and effect as a statute for purposes of the application
sections 3 and 4 of the Act of April 22, 1908 (45 U.S.C. 53 and
relating to the liability of common carriers by railroad for inju
to their employees.
Sec. 209. Penalties.
(a) It shall be unlawful for any railroad to disobey, disregard
fail to adhere to any rule, regulation, order, or standard prescri
bv the Secretary under this title.
(b) The Secretary shall include in, or make applicable to, any i
road safety rule. regulation, order, or standard issued under this 1
a civil penalty for violation thereof or for violation of section 2 of
Act of May 6, 1910 (45 U.S.C. 39) in such amount, not less than[U
nor more than $2,500] $500 and 7ot more than $5,000 as hede
reasonable.
(c) Any railroad violating any rule., regulation, order, or stand
referred to in subsection (b) of this section shall be by
Secretary the civil penalty applicable to the standard violated. F
day of such violation shall constitute a separate offense. Such
penalty is to be recovered in a suit or suits to be brought by the At
ney General on behalf of the United States in the district court of
United States having jurisdiction in the locality where such viola
occurred. Civil penalties may. however, be compromised by the Se
tary for any amount, but in no event for an amount less than
minimum provided in subsection (b) of this section, prior to refe
to the Attorney General. The amount of any such penalty, v
finally determined, or the amount agreed upon in compromise, i
be deducted from any sums owing by the United States to the pe
charged. All penalties collected under this title, including pena
collected pursuant to section 207 of this title, shall be covered
the Treasury as miscellaneous receipts.





23


(d) In any action brought under this title, subpenas for witnesses
who are required to attend a United States district court may run
into any other district.
Sec. 210. Injunctive Relief.
(a) The United States district court shall, at the request of the Secre-
tary and upon petition by the Attorney General on behalf of the
United States, or upon application by a State agency pursuant to sec-
tion 207 of this title, have jurisdiction, subject to the provisions of rules
65 (a) and (b) of the Federal Rules of Civil Procedure, to restrain
violations of this title or to enforce rules, regulations, orders, or"
standards established under this title.
(b) In any proceeding for criminal contempt for violation of an
injunction or restraining order issued under this section or under sec-
tion 207 of this title, which violation also constitutes a violation of this
title, trial shall be by the court, or, upon demand of the accused, by
a jury, conducted in accordance with the provisions of rule 42(b) of
the Federal Rules of Criminal Procedure.
Sec. 211. Annual Report.
(a) The Secretary shall prepare and submit to the President for
transmittal to Congress on or before May 1 of each year a compre-
hensive report on the administration of this title for the preceding
calendar year. Such report shall include, but not be restricted to-
(1) a thorough statistical compilation of the accidents and
casualties by cause occurring in such year;
(2) a list of Federal railroad safety rules, regulations, orders,
and standards issued under this title in effect or established in
such year;
(3) a summary of the reasons for each waiver granted under
section 202 (c) of this title during such year;
(4) an evaluation of the degree of observance of applicable rail-
road safety rules, regulations, orders, and standards issued under
this title;
(5) a summary of outstanding problems confronting the ad-
ministration of Federal railroad safety rules, regulations, orders,
and standards issued under this title in order of priority;
(6) an analysis and evaluation of research and related activ-
ities completed (including the policy implications thereof) and
technological progress achieved during such year;
(7) a list, with a brief statement of the issues, of completed or
pending judicial actions for the enforcement of any Federal rail-
road safety rule, regulation, order, or standard issued under this
title;
(8) the extent to which technical information was disseminated
to the scientific community and consumer-oriented information
was made available to the public,-
(9) a compilation of-
(A) certifications filed by State agencies under section
206(a) of this title which were in effect during the preceding
calendar year, and
(B) certifications filed under section 206(a) of this title
which were rejected, in whole or in part, by the Secretary







during the preceding calendar year, together with a summa
of the reasons for each such rejection; and
(10) compilation of-
(A) agreements entered into with State agencies und
section 206(c) of this title which were in effect during t
preceding calendar year, and
(B) agreements entered into under section 206(c) of t
title which were terminated by the Secretary, in whole or
part, during the preceding calendar year, together with
summary of the reasons for each such termination.
(b) The report required by subsection (a) of this section hi
contain such recommendations for additional legislation as the Seci
tary deems necessary to strengthen the national railroad safety pi
grain.
(c) SPE-IAL REPOT.-The Secretary shall prepare and submit
the President and the Congress, not later than March 17, 1976,
comprehensive railroad safety report. Such report shall-
(1) contain a description of the areas of railroad safety wi
respect to which Federal safety standards issued under this A
are in effect (as of June 30, 1975) ;
(2) identify any area of railroad safety with respect to whi
Federal safety standards have been proposed but have not be
issued under this Act (as of June 30, 1975),
(3) identify any area of railroad safety with respect to whi
Federal safety standards have not been issued under this Act
of June 30, 19 5);
(4) identify alternative and more cost-effective methods f
inspection anji enforcement of Federal safety standards, include
mechanical and electronic inspection, and contain an evaluate
of problems involved in implementing such alternatives, wi
specific attention to the need for cooperation with the railro
industry;
(5) identify the areas of railroad safety listed in accordar
with paragraphs (1) through (3) of this subsection which invol
or which may involve, State participation under section 206
this Act;
(6) contain a description of the railroad safety program whi
is in effect or planned in each State (as of June 30, 1971
including-
(.A) State program development;
(B) State plans to participate in program areas listed
accordance with paragraph (1) of this subsection, which f
not covered by a State certification or agreement;
(C) State interest in participating in each program ai
listed in accordance with paragraphs (2) and (3) of t]
subsection, following issuance of the applicable saf
standards;
(D) annual projections of each State agency's needs J
personnel, equipment, and activities reasonably required
carry out its State program during each fiscal year fri
1976 through 1980 together with estimates of the annual co


24





25

thereof separately stated as to projections under subpara-
graphs (B) and (C) of this paragraph;
(E) the sources from which the State expects to draw
the funds -to finance such programs; and
(F) the amount of State funds and of Federal financial
assistance needed during each such fiscal year, by category;
(7) contain a detailed analysis of (A) the number of safety
inspectors needed (by industry and Government respectively) to
maintain an adequate and reasonable rairoad safety program and
record; (B) the minimum training and other qualifications needed
for each such inspector; (C) the present and projected availability
of such personnel in comparison to the need therefor; (D) the
salary levels of such personnel in relation to salary levels for com-
parable positions in industry, State governments, and the Federal
Government;
(8) evaluate alternative methods of allotting Federal funds
among the States applying for Federal financial assistance,
including recommendations, if needed, for a formula for such
apportionment;
(9) contain a discussion of other problems affecting coopera-
tion among the States that relate to effective participation of
State agencies, in the nationwide railroad safety program;
(10) contain a description of the regulations and handling
criteria established by the Secretary under the Hazardous Mate-
rials Transportation Act specifically applicable to the transpor-
tation of radioactive materials by railroad (as of June 30, 1975),
together with annual projections of the amounts of radioactive
materials reasonably expected to be transported by railroad during
each fiscal year from 1976 through 1980 and an evaluation of the
need for additional regulations and handling criteria applicable
to the transportation of radioactive materials by railroad during
each such fiscal year; and
(11) contain recommendations for any additional Federal and
State legislation needed to further realization of the objectives of
this Act.
Such report shall be prepared by the Secretary, directly or indirectly,
after research, examination, study, and consultation with the national
associations representing railroad employee unions, railroad manage-
ment, cooperating State agencies, the national organization of State
commissions, universities, and other persons having special expertise
or experience with respect to railroad safety. Such report shall include,
in an appendix, a statement of the views of the national associations
representing railroad employee unions, of the carriers, and of the
national organization of State commissions with respect to the content
of such report in its final form.
Sec. 212. Authorization for Appropriations.
(a) There are authorized to be appropriated to carry out the provi-
sions of this title not to exceed $35,000,000 for the fiscal year ending
[June 30, 1976; and not to exceed $8,750,000 for the transition period
of July 1, 1976, through September 30, 1976 (hereafter in this section
referred to as the "transition period")] September 30, 1977.





26


(b) Except as [otherwise provided in subsection (c) of this
tion, amounts appropriated under subsection (a) of this section sE
be available for expenditure as follows:
[(1) For the Office of Safety, including salaries and exp
for up to 500 safety inspectors and up to 110 cerical peron
not to exceed $18,000,000 for the fiscal year ending June 80, 19
and not to exceed $4,500,000 for the transition period.
[(2) To carry out the provisions of section 206(d) of this ti
not to exceed $3,500,000 for the fiscal year ending June 0, 19
and not to exceed $875,000 for the transition period.
[(3) For the Federal Railroad Administration, for sala
an expenses not otherwise provided for, not to exceed $3,500,1
for the fiscal year ending June 30, 1976; and not to exceed $8
000 for the transition period.
[(4) For conducting research and development activities im
this title, not to exceed $10,000,000 for the fiscal year end
June 30, 1976; and not to exceed $2,500,000 for the transit
period.]
(1) not to exceed $18,000,000 for the Office of Safety, inclwi
salaries and expenses for not m7?ore than (A) five hu red gay
inspectors, (B) forty-five signaand train control ipectora, i
(C) 110 clerical personnel;
(2) not to exceed $3,500,000 to carry out the proviiuioiw of
tion 206 (d) of this Act;
(3) not to exceed $3,500,000 for the Federal Railroad Admii
tration, for salaries and expenses not otherwise provided)
and
(4) not to exceed $10,000,000 for conducting research amd
ve lapment activities under this Act.
(c) The aggregate of the amounts obligated and expended for
search and development [under this title] in the fiscal year end
[June 30, 1976, and in the transition period] September 30,1977, sJ
not exceed the aggregate of the amounts expended for rail inspect
and for the investigation and enforcement of railroad safety ru
regulations, orders, and standards under this [title in such fiscal y
and in the transition period, respectively] Act in the same fcal yo










CHANGES IN EXISTING LAW MADE BY H.R. 11837, AS INTRODUCED
For the information of the members of the committee, the Federal
Railroad Safety Act of 1970, together with amendments to such Act
made by H.R. 11837, as introduced, is shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new matter is
printed in italics, existing law in which no change is proposed is shown
in roman) :

SECTION 212 OF THE FEDERAL RAILROAD SAFETY ACT OF 1970
[Sec. 212. Authorization for Appropriations.
[(a) There are authorized to be appropriated to carry out the
provisions of this title not to exceed $35,000,000 for the fiscal year
ending June 30. 1976: and not to exceed $8,750,000 for the transition
period of July 1, 1976, through September 30. 1976 (hereafter in
this section referred to as the "transition period").
[(b) Except as otherwise provided in subsection (c) of this section
amounts appropriated under subsection (a) of this section shall be
available for expenditure as follows:
[(1) For the Office of Safety, including salaries and expenses
for up to 500 safety inspectors and up to 110 clerical personnel,
not to exceed $18,000,000 for the fiscal year ending June 30, 1976;
and not to exceed $4,500,000 for the transition period.
[(2) To carry out the provisions of section 206 (d) of this title,
not to exceed $3,500.000 for the fiscal year ending June 30, 1976;
and not to exceed $875,000 for the transition period.
[(3) For the Federal Railroad Administration, for salaries
and expenses not otherwise provided for, not to exceed $3,500,000
for the fiscal year ending June 30, 1i76; and not to exceed $875,000
for the transition period.
[(4) For conducting research and development activities under
this title, not to exceed $10,000,000 for the fiscal year ending
June 30, 1976; and not to exceed $2,500,000 for the transition
period.
[(c) The aggregate of the amounts obligated and expended for
research and development under this title in the fiscal year ending
June 30, 1976, and in the transition period, shall not exceed the aggre-
gate of the amounts expended for rail inspection and for the investi-
gation and enforcement of railroad safety rules, regulations, orders,
and standards under this title in such fiscal year, and in the transition
period, respectively.]
Sec. 212. Authorization for Appropriations.
There are authorized to be appropriated to carry out the pro vis.iovn
of this title not to exceed $35,0010,000 for each of the fiscal years ed-
ing September 30, 1977, and September -3'0, 1978.
(27)






28


HAZARDOUS MATERIALS TRANSPORTATION


Public Law 93-633
93rd Congress, H. R. 15223
January 3, 1975



To regulate commerce by improving the protections afforded the publlc against
risks connected with the transportation of hazardous materials, and for other
purposes.,

Be it enacted by the Senate and House of Representatives of the
ULnited States of America in. Congress assembled, That this Act may fri
be cited as the "Transportation Safety Act of 1974". Sal
19"
TITLE I-HAZARDOUS MATERIALS
SHORT TITLE
Tri
Sc. 101. This title may be cited as the "Hazardous Materials Trans- A
portation Act".
DECLARATION OF POLICY aol
SEc. 102. It is declared to be the policy of Congress in this title to 49
improve the regulatory and enforcement authority of the Secretary
of Transportation to protect the Nation adequately against the risks
to life and property which are inherent in the transportation of
hazardous materials in commerce.
DEFINITIONS
Sw. 103. As used iii this title, the term- 49
(1) "commerce" means trade, traffic, commerce, or transporta-
tion, within the jurisdiction of the United States, (A) between
a place in a State and any place outside of such State, or (B)
which affects trade, traffic, commerce, or transportation described
in clause (A);
(2) "hazardous material" means a substance or material in a
quantity and form which may pose an unreasonable risk to health
and safety or property when transported in commerce;
(3) "Secretary" means the Secretary of Transportation, or his
delegate;
o ( ."serious harm" means death, serious illness, or severe per-
a injury;
(5) "State" means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, or Guam;
(6) "transports" or "transportation" means any movement of
property by any mode, and any loading, unloading, or storage
incidental thereto; and
(7) "United States" means all of the States.
DESIGNATION OF HAZARDOUS MATERIALS
SEC. 104. Upon a finding by the Secretary, in his discretion. that the 49
transportation of a particular quantity and form of material in com-
merce may pose an unreasonable risk to health and safety or property,
he shall designate such quantity and form of material or group or class
of such materials as a hazardous material. The materials so designated
may include, but are not limited to, explosives, radioactive materials,
etiologic agents, flammable liquids or solids, combustible liquids or
solids, poisons, oxidizing or corrosive materials, and compressed gases.





29


88 STAT. 2157


Pub. Law 93-633


-2-


January 3, 1975


IiEGULLATIONS GOVERNING TRANSPORTATION OF II.AZARDOUS MATERIALS


49 USC 1804,


SEC. 105. (a) GENE-ERL.-The Secretary may issue, in accordance
with the provisions of section .553 of title 5, United States Code,
including an opportunity for informal oral presentation, regulations
for the safe transportation in conmierce of hazardous materials. Such
regulations shall be applicable to any peron who transports, or causes
to be transported or shipped, a hazardous material, or who nianufac-
tures, fabricates, marks, maintains, reconditions, repairs, or tests a
package or container which is repre.-enited. marked, certified, or sold
by such person for use in the transportation in commerce of certain
hazardous materials. Such regulations may govern any safety aspect
of the transportation of hazardous materials which the Secretary
deems necessary or appropriate, including, but not limited to, the
king, rep acking, handling, labeling, marking. placarding, and
routing (other than with respect to pipelines) of hazardous mate-
rials, and the manufacture, fabrication, marking, maintenance, recon-
ditioning, repairing, or testing of a package or container which is
represented, marked, certified, or sold by such person for use in the
transportation of certain hazardous materials.
(b) COOPERATION.-In addition to other applicable requirements, the
Secretary shall consult and cooperate with representatives of the Inter-
state Commerce Commission and shall consider any relevant sugges-
tions made by such Commission, before issuing any regulation with
respect to the routing of hazardous materials. Such Commission shall,
to the extent of its lawful authority, take such action as is necessary
or appropriate to implement any such regulation.
(C) REMIIESEN.-TAION.-NO person shall, by nmirking or otherwise,
represent that a container or package for the transportation of hazard-
ous materials is safe, certified, or in compliance with the requirements
of this Act, unless it meets the requirements of all applicable regula-
tions issued under this .,Act.


HANDLING OF HAZARDOUS MATERIALS


49 USC 1805.


SEC. 106. (a) CRITERIA.-The Secretary is authorized to establish
criteria for handling hazardous materials. Such criteria may include,
but need not be limited to, a minimum number of personne.l: a mini-
mum level of training and qualification for such personnel; type and
frequency of inspection; equipment to be used for detection, warning,
and control of risks posed by such materials: specifications regarding
the use of equipment and facilities used in the handling and transpor-
tation of such materials; and a system of monitoring_ safety assurance
procedures for the transportation of such materials. The Secretary
may revise such criteria as required.
(b) RisTRATi.,.-Each person who transports or causes to be
transported or shipped in commerce hazardous materials or who manu-
factures, fabricates, marks, maintains, reconditions, repairs, or tests
packages or containers which are represented, marked, certified, or
sold by such person for use in the transportation in commerce of certain
hazardous materials (designated by the Secretary) may be required
by the Secretary to prepare and submit to the Secretary a registration
statement not more often than once every 2 years. Such a registration
statement shall include, but need not be limited to. such person's name:
principal place of business; the location of each activity handling such
hazardous materials; a complete list of all such hazai'dous materials
handled; and an averment that such person is in compliance with all
applicable criteria established under subsection (a) of this section.






30


January 3, 1975


- 3-


Pub. Law 93-633


The Secretar shall by relations prescribe the 6riu of any such
sament an the information required to be included. The Secretary
hah I make any registration statement filed pursuant to this subsection
aya able for inspection by any person, without charge, except that
nothing in this sentence shall be deemed to retire the release of any
information described by subsection (b) of section 552 of title 5,
United States Code, or which is otherwise protected by law from
disclosure to the public.
(C) VQR E'%I ET.-.NO person required to file a registration state-
ment under subsection (b) of this section may transport or cause to
be transported or shipped extremely hazardous materials, or manu-
facture, fabricate, mark maintain, recondition, repair, or test packages
or containers for use in the transportation of extremely hazardous
materials, unless he has on file a registration statement.

EXEMPTIONS


SEc. 107. (a) GENFAL.--The Secretary, in accordance with proce-
dures prescribed by regulation, is authorized to issue or renew, to any
person subject to the requirements of this title, an exemption from
the provisions of this title, and from regulations issued under section
105 of this title, if such person transports or causes to be transported
or shipped hazardous materials in a manner so as to achieve a level
of safety (1) which is equil to or exceeds that level of safety which
would be required in the aLsence of such exemption or (2) which
would be consistent with the public interest and the policy of this title
in the event there is no existing level of safety established. The maxi-
mum period of an exemption issued or renewed under this section
shall not exceed 2 years, but any such exemption may be renewed
upon application to the Secretary. Each person applying for such an
exemption or renewal shall, upon application, provide a safety analysis
ar rbed the Secretary to justify the grant of such exemption.
as presrie 3 r
A notice of an application for issuance or renewal of such exemption
shall be published in the Federal Register. The Secretary shall afford
acess to any such safety analysis and an opportunity for public com-
ment on any such application, except that nothing in this sentence shall
be deemed to require the release of any information described by sub-
section (b) of section 552 of title 5, United States Code, or wfiich is
otherwise protected by law from disclosure to the public.
(b) VIESSus.-The Secretary shall exclude, in whole or in part,
from any applicable provisions and regulations under this title, any
vessel which is excepted from the application of section 201 of the
Ports and Waterways Safety Act of 1972 by paragraph (2) of such
section (46 U.S.C. 391a(2)), or any other vessel regulated under
such Act, to the extent of such regulation.
(c) FIPnwIS AND Ax uNrr Io.-OX othing in this title, or in any
regulation issued under this title, shall be construed to prohibit or
regulate the transportation by any individual, for personal use. of any
firearm (as defined in paragraph (4) of section 232 of title 18. United
States Code) or any ammunition therefor, or to prohibit any trans-
portation of firearms or ammunition in commerce.
(d) L trrATION oNr AUTHou Ir.-Except when the Secretary deter-
mines that an emergency exists, exemptions or renewals granted pur-
suant to this section shalI be the only means by which a person subject
to the requirements of this title may be exempted from or relieved of
the obligation to meet any requirements imposed under this title.


49


Pub1icati
in Feder-
Regiser.









88 STAT. 2159


Regu Lations.
49 U C 1807.


Pub. Law 93-633


TRANSPORTATION OF RADIOACTIVE MATERIALS ON PASSEN(;ER-CARRYING
AIRCRAFT
SEC. 108. (a) GE-NERL.-Within 120 days after the date of enactment
of this section, the Secretary shall issue regulations, in accordance with
this section and pursuant to section 105 of this title, with respect to the
transportation of radioactive materials on any passenger-carrying
aircraft in air commerce, as defined in section 101 (4) of the Federal
Aviation Act of 1958, as amended (49 U.S.C. 130o1 (4)). Such regula-
tions shall prohibit any transportation of radioactive materials on any
such aircraft unless the radioactive materials involved are intended for
use in, or incident to. research, or medical diagnosis or treatment, so
long as such materials as prepared for and during transportation do
not pose an unreasonable hazard to health and safety. The Secretary
shall further establish effective procedures for monitoring and enforc-
ing the provisions of such regulations.
(b) )EFIN ITION.-AS used in this section, "radioactive materials"
means any materials or combination of materials which spontaneously
emit ionizing radiation. The term (loes not include materials in which
(1) the es-timated specific activity is not greater than 0.002 microcuries
per gram of material; and (2) the radiation is distributed in an essen-
tially uniform manner.


POWERS AND DUTIES OF THE SECRETARY


49 USC 1808.



Notice,
hearing
opportunity.
Jurisdiction.


SEc. 109. (a) GENERAL.--The Secretary is authorized, to the extent
necessary to carry out his responsibilities under this title, to conduct
investigations, make reports, issue subpoenas, conduct hearings, require
the production of relevant documents, records, and property, take
depositions, and conduct, directly or indirectly, research, development,
demonstration, and training activities. The Secretary is further author-
ized, after notice and an opportunity for a hearing, to issue orders
directing compliance with this title or regulations issued under this
title; the district courts of the United States shall have jurisdiction,
upon petition by the Attorney General, to enforce such orders by
appropriate means.
(b) REcoRos.-Each person subject to requirements under this title
shall establish and maintain such records, make such reports, and pro-
vide such information as the Secretary shall by order or regulation
prescribe, and shall submit such reports and shall make such records
and information available as the Secretary may request.
(c) INsPF.crio.-The Secretary mav authorize any officer,
employee, or agent to enter upon, inspect. and examine, at reasonable
times and in a reasonable manner, the records and properties of persons
to the extent such records and properties relate to-
(1) the manufacture, fabrication. marking, maintenance, recon-
ditioning, repair. testing, or distribution of packages or containers
for use by any person in the transportation of hazardous materials
in commerce; or
(2) the transportation or shipment by any person of hazardous
materials in commerce.
Any such officer. employee, or agent shall, upon requesL display proper,,
credentials. -,
(d) FACIIrIEs A.'ND Dvrs.-The Secretary shall-
(1) establish and maintain facilities and technical staff sufficient
to provide, within the Federal government. the capability of
evaluating risks connected with the transportation of hazardous
materials and materials alleged to be hazardous;


88 STAT. 2159


January 3, 1975


- 4-






32


January 3, 1975 5 Pub. Law 93-633
(2) establish and maintain a central reporting system and data
center so as to be able to provide the law-enforcement and firefight-
ing personnel of communities, and other interested persons and
government officers, with technical and other information and
advice for meeting emergencies connected with the transporta-
tion of hazardous materials; and
(3) conduct a continuing review of all acts of the trans-
portation of hazardous materials in order to determine and to be
able to recommend appropriate steps to assure the safe trans-
polation of hazardous materials.
(e) AN.-UAL REru'rr.-The Secretary shall prepare and submit to Report to
the President for transmittal to the Congress on or before May 1 of President,
each year a comprehensive report on the transportation of hazardous
materials during the p ing calendar year. Such report shal .
include, but need not be limited to- Cntets.
(1) a thorough statistical compilation of any accidents and
casualties involving the transportation of hazardous materials;
(2) a list and summary of applicable Federal regulations, cri-
teria, orders, and exemptions in effect;
(3) a summary of t he basis for any exemptions granted or main-
tained;
(4) an evaluation of the effectiveness of enforcement activities
and the degree of voluntary compliance with applicable regula-
tions;
(5).a summary of outstanding problems confronting the admin-
istration of this title, in order o priority; and '
(6) such recommendations for additional legislation as are
deemed necessary or appropriate.

PEALTIES
SEc. 110. (a) CIVIL.-(1) Any person (except an employee who acts 49 USC 1809,
without knowledge) who is determined by the Secretary, after notice
and an opportunity for a hearing. to have knowingly committed an act 49
which is a violation of a provision of this title or of a regulation issued
under this title, shall be liable to the United States for a civil penalty.
Whoever knowingly commits an act which is a violation of any regu-
lation, applicable to any person who transports or causes to be trans-
ported or shipped hazardous materials, shall be subject to a civil
penalty of not more than $10,000 for each violation, and if any such-
violation is a continuing one, each day of violation constitutes a sep-
arate offense. Whoever knowingly commits an act which is a violation
of any regulation applicable to any person who manufactures, fabri-
cates, marks. maintains, reconditions. repairs. or tests a package or
container which is represented, marked, certified, or sold by such
person for use in the transportation in commerce of hazardous mate-
rials shall be subject to a civil penalty of not more than $10,000 for each
violation. The amount of any such penalty shall be assessed by the Sec-
retary by written notice. In determining the amount of such penalty,
the Secretary shall take into account the nature, circumstances, extent,
and gravity of the violation committed and, with respect to the person
found to have committed such violation, the degree of culpability, any
history of prior offenses. ability to pay. effect on ability to continue to
do business, and such other matters as justice may require. 18
(2) Such civil penalty may be recovered in an action brought by the
'Atrtrney General on behalf of the United States in the appropriate
district court of the United States or, prior to referral to the Attorney
General, such civil penalty may be compromised by the Secretary.






33


Pub. Law 93-633
88 STAT. 2161


-6-


January 3, 1975


49 USC 1810.












hazard,"


49 USC 1811.
















18 USC 831.


The amount of such penalty, when finally determined (or agreed
upon in compromise), may be deducted from any sums owed by the
United States to the person charged. All penalties collected under
this subsection shall be deposited in the Treasury of the United States
as miscellaneous receipts.
(b) CRIMINAL.-A person is guilty of an offense if he willfully
violates a provision of this title or a regulation issued under this title.
Upon conviction, such person shall be subject, for each offense, to a
fine of not more than $23,000, imprisonment for a term not to exceed
5 years, or both.
SPECIFIC RELIEF
SEC. 111. (a) GE:N-ERAL.-The Attorney General, at the request of
the Secretary. may bring an action in an appropriate district court of
the United States for equitable relief to redress a violation by any
person of a provision of this title, or an order or regulation sued
under this title. Such district courts shall have jurisdiction to deter-
mine such actions and may grant such relief as is necessary or appro-
priate. including mandatory or prohibitive injunctive relief, interim
equitable relief, and punitive damages.
(b) IMMINF..T HAZARD.-If the Secretary has reason to believe that
an imminent hazard exists, he may petition an appropriate district
court of the United States, or upon his request the Attorney General
shall so petition, for an order suspending or restricting the'transpor-
tation of the hazardous material responsible for such imminent hazard,
or for such other order as is necessary to eliminate or ameliorate such
imminent hazard. As used in this subsection, an "imminent hazard"
exists if there is substantial likelihood that serious harm will occur
prior to the completion of an administrative hearing or other formal
proceeding initiated to abate the risk of such harm.
RELATIONSHIPS TO OTHER LAWS
Swc. 112. (a) GE.NERAL.-Except as provided in subsection (b) of
this section, any requirement, of a State or political subdivision thereof,
which is inconsistent with any requirement set forth in this title, or
in a regulation issued under this title, is preempted.
(b) STATE LAws.-Any requirement, of a State or political sub-
division thereof, which is not consistent with any requirement set forth
in this title, or in a regulation issued under this title. is not preempted
if. upon the application of an appropriate State agency. the Secretary
determines, in accordance with procedures to be prescribed by regula-
tion, that such requirement (1) affords an equal or greater level of
protection to the public than is afforded by the requirements of this
title or of regulations issued under this title and (2) does not unreason-
ably burden commerce. Such requirement shall not be preempted to
the extent specified in such determination by the Secretary for so long
as such State or political subdivision thereof continues to administer
and enforce effectively such requirement.
(c) OTHER FEDFR.AL LAws.-The provisions of this title shall not
apply to ipelines which are subject to regulation uwterte ".'!atjral
Gas Pipeline Safety Act of 196S (49 U.S.C. 16-1 et seq.V orno piqw-"
lines which are subject to regulation under chapter :39 of ti~ie ..
United States Code.

CONFORMING AM1EN.D3M.NNTS
Stc. 113. (a) Section 4472 of title 52 of the Revised Statutes of the
United States, as amended (46 U.S.C. 170) is amended-






34


January 3, 1975 7 Pub. Lw 93-633
(1) by inserting, in the first sentence of paragraph (14) thereof,
criminal" before the word "Penalty" and "or imprisoned not more
than 5 years, or both" before the phrase "for each violation"; and
(2) by adding at the end thereof the following new paragrah:
"(17) (A) Any person (except an employee who acts without u-nowl
edge) who is determined by the Secretary, after notice and an opportu-
nity for a hearing, to have knowingly committed an act which is a
vioation of any provision of this section, or of any regulation issued
under this section, shall be liable to the United State for a civil penalty
of not more than $,10O for each day of each violation. The amount
of such civil penalty shall be assessed by the Secretary by written
notice. In determining the amount of such penalty, the Secretary shall
take into account the nature, circumstances, extent, and ravity of the
violation committed and, with respect to the person Found to have
committed such violation, the degree of culpability, any history of
prior offenses, ability to pay, effect on ability to continue to do busi-
ne, and such other matters as justice may require.
"(B) Such civil penalty may be recoveredin an action brought by
the Attorney General on behalf of the United States, in the appro-
priate district court of the U.nited States or, prior to referral to the
Attorney General, such civil Fenalty may be compromised by the
Secretary. The amount of such penalty, when finally determined (or
agreed upon in compromise), may be deducted from any sums owed
by the U nited States to the person charged. All penalties collected
under this subsection shall be deposited in the Treasury of the United
States as miscellaneous receipts.".
(b) Section 901(a)(1) of the Federal Aviation Act of 1958 (49
- U.S.C. 1471 (a) (1) ) is amended-
(1) by inserting immediately before the period at the end
of the first sentence thereof and inserting in lieu thereof: ", except
that the amount of such civil penalty shall not exceed $10',000
for each such violation which relates to the transportation of
hazardous materials."; and
(2) by deleting in the second sentence thereof ": ProrfdedThat
this" and inserting in lieu thereof the following: ". The amount
of any such civil penalty which relates to the transportation of
hazard dious materials shall be assessed by the Secretary. or his dele-
gate, upon written notice upon a finding of violation by the Secre-
tary, after notice and an opportunity for a hearing. In deter-
mining the amount of such penalty, the Secretary shall take into
account the nature, circumstances, extent, and gravity of the vio-
lation committed and, with respect to the person found to have
committed such violation, the degree of culpabiity, any history
of prior offenses, ability to pay, effect on ability to continue to do
business, and such other matters as justice may require. This".
(c) Section V0-2(h) of the Federal Aviation Act of 1958, as amended
(49 U.S.C. 1472 (h)) is amended to read as follows:
HAZARDOUS'S MATERIALS

"(h) (1) In carrying out his responsibilities under this Act. the
Secretary of Transportation may exercise the authority vested in him
by section 105 of the Hazardous Materials Transportation Act to pro-
vide by regulation for the safe transportation of hazardous materials
by a ir.
"(2) A person is guilty of an offense if he willfully delivers or
causes to be delivered to an air carrier or to the operator of a civil air-
craft for transportation in air commerce, or if he recklessly caus-s the
transportation in air commerce of, any shipment, baggage or other





35


88 STAT. 2163 Pub. Law 93-633 8 January 3, 1975
I)roperty which contains a hazardous material, in violation of any
rule, regulation, or requirement with respect to the transportation of
hazardous materials issued by the Secretary of Transportation under
this Act. Upon conviction, such person 'shall be subject, for each
offense, to a fine of not more than $25,000, imprisonment for a term
not to exceed 5) years, or )oth.
"(3) Nothing in this subsection shall be construed to prohibit or
regulate the transportation by any individual, for personal use, of
any firearm (as defined in paragraph (4) of section 232 of title 18,
United States Code) or any ammunition therefor.".
(d) Section 6(e) (1) of the department of Transportation Act (49
U.S.C. 1655(c) (1)) is amended by inserting in the first sentence
thereof after "aviation safety" and" before "as set forth in" the fol-
lowing: (other than those relating to the transportation, packaging,
marking, or description of hazardous materials)*'.
(e) (1) Section 6(f) (3) (A) of the I)epartment of Transportation
Act (49 U.S.C. 16.55(f)(3) (A)) is amended by- striking out the
period at the end thereof and by inserting in lieu thereof "(other
than subsection (e) (4) ).".
(2) Section 6(f) (3) (B) of the departmentt of Transportation Act
(49 U.S.C. 1655(f) (3) (B)) is amended by striking out the period at
the end thereof and by inserting in lieu thereof "(other than subsec-
tion (e) (4)).".
(1) Subsection (6) of section 4472 of the Revised Statutes, as
amended (46 U.S.C. 170(6)). is amended-
(1) in paragraph (a) thereof, by striking out "inflammable"
each place it appears and inserting in lieu thereof at each such
place "flanimable"; by inserting before "liquids" the following:
or combustible"; and by deleting the colon and the proviso in its
entirety and by inserting in lieu thereof a period and the fol-
lowing two new sentences: "The provisions of this subsection
shall apply to the transport ation, carriage, conveyance, storage,
stowing, or use on board any passenger vessel of any barrel, drum,
or other package containing any flammable or combustible liquid
which has a lower flash point than that which is defined as safe
pursuant to regulations establishing the defining flash-point cri-
teria for flammable and combustible liquids. Such regulations
shall be prescribed, and revised as necessary, by the Secretary of
Transportation.".
(2) in paragraph (b) thereof, by striking out in clause (iv)
thereof "inflammable liquids" and inserting in lieu thereof "flam-
mable or combustible liquids".
Repeal. (g) The Hazardous Materials Transportation Control Act of 1970
(Pub. L. 91-458, title III; 49 U.S.C. 1761-1762) is repealed.

EFFECTIVE DATE
49 USC 1801 SEc. 114. (a) Except as provided in this section. the provisions of
note* this title shall take effect on the date of enactment.
(b) (1) Except as provided in section 108 of this title or paragraph
(2) of this subsection. any order, determination, rule, regulation, per-
mit, contract, certificate, license, or priviletre issued. granted, or other-
wise authorized or allowed, prior to the date of ey trmenLof this title.
pursuant to any provision of law amended or repeated lay thijttV.4.
shall continue in effect according to its terms or until repea I d. termi-
nated, withdrawn, amended, or modified by the Secretary or a corrt
of competent jurisdiction.
0






36


January 3, 1975 9 Pub. Law 93-633
(2) The Secretary shall take all steps nece "ry to bring orders,
determinations, rules, and regulations into conformity with the pur-
poses and provisions of this title as soon as practicable, but in any
event no permits, contracts, certificates, licenses, or privileges granted
prior to the date of enactment of this title, or renewed or extended
thereafter, shall be of any effect more than 2 years after the date of
-actment of this title, unles there is full compliance with the pur-
e and provisions of this Act and regulations thereunder.
(c) Proceedings pending upon the date of enactment of this title
shall not be affected by the provisions of this title and shall be com-
pleted as if this title had not been enacted, unless the Secretary makes
determination that the public health and safety otherwise require.

AUTHORIZATION FOR APPRORATIONS

SEC. 115. There are authorized to be appropriated to carry
out the provisions of this title not to exceed $7,000,000 for the
fiscal year ending June 30, 1976, and not to exceed $1,750,000
for the transition period of July 1, 1976, through September
30, 1976.










EXECUTIVE COMMUNICATION 2388


THE SECRETARY OF TRANSPORTATION
'9 WASHINGTON, D.C. 20590
JAN 2 2 1976





Honorable Carl Albert
Speaker of the House
of Representatives
Washington, D. C. 20515

Dear Mr. Speaker:

There is transmitted herewith a proposed bill:

"To amend the Hazardous Materials Transportation
Act to authorize appropriations, and for other purposes.:

This bill would authorize appropriations in the amount of $7, 000, 000
for fiscal year 1977, and $7, 000, 000 for fiscal year 1978 for the
Department of Transportation's Materials Transportation Bureau
to carry out the functions assigned to it with respect to the
transportation of hazardous materials under the Hazardous
Materials Transportation Act and various other statutes and for
the Secretary for other activities carried out pursuant to this Act.

This bill would also nake two clarifying amendments to the
Hazardous Materials Transportation Act (the Act), which is title I
of the Transportation Safety Act of 1974 (P. L. 93-633). The
amendment to section 106(c) of the Act proposed in this bill would
strike the word "extremely" from that subsection. The Senate-
passed version of section 106 limited the registration authority to
"extremely" hazardous materials. The committee of conference
rejected this limitation and struck the word "extremely" in some
parts of section 106, but omitted to strike the word in section 106(c).
As that section now stands, "extremely" is not defined and
subsection (c) is inconsistent with subsections (a) and (b).

The bill would also amend section 107(a) of the Act, relating to
exemptions. The Act provides the Secretary with authority over
carriers, shippers, and manufacturers of hazardous materials






38






containers. The bill would amend the Act to make it clear that the
exemption authority also applies to manufacturers and not just to
carriers and shippers.

The proposed legislation will not serve to impact adversely the
environment nor will it have an inflationary impact on the economy.

The Office of Management and Budget has advised that this proposed
legislation is consistent with the Administration's objectives.

Sincerely,



William T. Coleman, Jr.

Enclosures






39


A BILL
To amend the Hazardous Materials Transportation Act to

authorize appropriations, and for other purposes.

Be it enacted bv the Senate and House of Representatives

of the United States of America in Congress assembled, That

this Act may be cited as the "Hazardous Materials Transportation

Act Amendments of 1976".

SEC. 2. Section 106(c) of the Hazardous Materials

Transportation Act (49 U.S.C. 1805(c)) is amended by striking

out "extremely" each time it appears.

SEC. 3. Section 107(a) of the Hazardous Materials

Transportation Act (49 U.S.C. 1806(a)) is amended by striking

out the phrase "transports or causes to be transported or shipDed

hazardous materials in a manner so as to achieve" and insert in

lieu thereof "will provide for".

SEC. 4. The text of section 115 of the Hazardous

Materials Transportation Act (49 U.S.C. 1812) is amended to

read as follows: "There are authorized to be appropriated for

the Materials Transportation Bureau, United States Department of

Transportation, to carry out programs relating to the transportation

of hazardous materials and for the Secretary for other activities

carried out pursuant to this Act not to exceed $7,000,000 for the

fiscal year ending September 30, 1977, and not to exceed $7,000,000

for the fiscal year ending September 30, 1978."






40


SECTION BY -SECTION ANALYSIS


Section 1 is a short title.

Section 2 would make a clarifying amendment to section I

of the Hazardous Materials Transportation Act by eliminating a

term which relates to a Senate bill concept rejected and omitted

from the Act by the original committee of conference for the Act.

The conference in reporting on the Act deleted several other refer

to "extremely" hazardous materials. However, the two reference

in this subsection were apparently overlooked.

Section 3 would amend the Hazardous Materials Transpor

Act provision on exemptions to make it clear that eligibility for

exemptions from hazardous niaterials regulations is not limited

just to persons who transport or ship hazardous materials. Persc

who manufacture, fabricate, mark, maintain, recondition, repair

test packages or containers for use in transportation of hazardous

materials are expressly subject to the provisions of the Act pertai

to regulations (section 105(a)), registration (section 106(b)),

inspections (section 109(c)), and civil penalties (section 11 0(a))

the same as persons who transport or ship hazardous materials.

This amendment will make the coverage of the exemption section

consistent with those provisions.









Section 4 would authorize appropriations in the amount of

$7, 000, 000 for fiscal year 1977, and $7, 000, 000 for fiscal year 1978

for the Department of Transportation's Materials Transportation

Bureau to carry out the functions assigned to it with respect to the

transportation of hazardous materials under the Hazardous Materials

Transportation Act and various other statutes and for the Secretary

for other activities carried out pursuant to this Act.





42


INDEPENDENT SAFETY BOARD ACT OF


Public Law 93-633
93rd Congress, H. R. 15223
January 3, 1975



To regulate commerce by Improving the protections afforded the public against
risks connected with the transportation of hazardous materials, and for other
purposes.

Be it enacted by the Senate and Hoitse of Representative of thL
Uniited States of Amei-ica in ('omgress assembled That this Act may.
be cited as the "Transportation Safety Act of 1974".




TITLE 111-INDEPENDENT SAFETY BOARD
SHOrr TITLE j
Sic. 301. This title may be cited as the "Independent Safety Board
Act of 1974".
FlNDING8
Szc. 302. The Concress finds and declares:
(1) The National Transportation Safety Board was established
by statute in 1966 (Public Law 89-670; 80 Stat. 935) "q an ,
independent Government agency, located within the Department
of Transportation, to promote transportation safety by conduct-
ing independent accident investigations and by formulating safety
improvement recommendations.
(2) Proper conduct of the responsibilities assigned to this Board
requires vigorous investigation of accidents involving transporta-
tion modes regulated by other agencies of Government; demands






43


88 STAT. 2167


Pub. Law 93-633


- 12 -


January 3, 1975


continual review, appraisal, and assessment of the operating
practices and regulations of all such agencies; and calls for the
making of conclusions and recommendations that may be critical
of or adverse to any such agency or its officials. No Federal
agency can properly Ferform such functions unless it is totally
separate and independent from any other department, bureau,
commission, or agency of the United States.
NATIONAL TRANSPORTATION SAFETY BOARD


49 USC 1902.



Membership.





Term.


SEC. 303. (a) ESTABLISH 31 ENT.-The National Transportation
Safety Board (hereafter in this title referred to as the "Board"),
previously established within the )epartment of Transportation, shall
be an independent agency of the United States, in accordance with this
section, on and after April 1. 1975.
(b) ORGA.NIZATION.- (1) The Board shall consist of five members,
including a Chairman. Members of the Board shall be appointed by
the President, by and with the advice and consent of the Senate. No
more than three members of the Board shall be of the same political
party. At any given time, no less than two members of the Board shall
be individuals who have been appointed in the field of accident
reconstruction, safety engineering, or transportation safety.
(2) The terms of office of members of the Board shall be 5 years,
except as otherwise provided in this paragraph. Any individual
appointed to fill a vacancy occurring on the Board prior to the expira-
tion of the term of office for which his predecessor was appointed shall
be appointed for the remainder of that term. Upon the expiration of
his term of office, a member shall continue to serve until his successor
is appointed and shall have qualified. Individuals serving as members
of the National Transportation Safety Board on the date of enact-
ment of this title shall continue to serve as members of the Board
until the expiration of their then current tern of office. Any member
of the Board may be removed by the President for inefficiency,
neglect of duty, or malfeasance in office.
(3) On or before January 1, 1976 (and thereafter as required), the
President shall-
(A) designate, by and with the advice and consent of the Senate,
an individual to serve as the Chairman of the Board (hereafter
in this title referred to as the "Chairman") ; and
(B) an individual to serve as Vice Chairman.
The Chairman and Vice Chairman each shall serve for a term of 2
years. The Chairman shall be the chief executive officer of the Board
and shall exercise the executive and administrative functions of the
Board with respect to the appointment and supervision of personnel
employed by the Board: the distribution of business among such
personnel and among any administrative units of the Board; and the
use and expenditure of funds. The Vice Chairman shall act as Chair-
man in the event of the absence or incapacity of the Chairman or in
case of a vacancy in the office of Chairman. The Chairman or Acting
Chairman shall be governed by the general policies established by the
Board, including any decisions, findings, determinations, rules, regu-
lations, and formal resolutions.
(4) Three members of the Board shall constitute a quorum for the
transaction of any function of the Board.
(5) The Board shall establish and maintain distinct and appro-
priately staffed bureaus, divisions, or offices to investigate and report
on accidents involving each of the following modes.of transportation:





44


January 3, 1975 13 Pub. Law 93-633
.... ST
(A) aviation; (B) highway and motor vehicle; (C) railroad and
tracked vehicle; and (D) pipeline. The Board shall, in addition, estab-
lish and maintain any other such office as is needed, includingg an office
to investigate and report on the safe transportation of hazardous
materials.
(c) GENAL--(1) The General Services Administration shall fur-
nish the Board wit such offices, equipment, supplies, and services as it
is authorized to furnish to any other agency or instrumentality of the
United States.
(2) The Board shall have a seal which shall be judicially recognized.
3) Subject to the civil service and classification laws, the Board is
authorized to select, appoint, employ, and fix the compensation of such
officers and eml loyees, including investigators, attorneys, and adminis-
trative law judges, as shall be necessary to carry out its powers and
duties under this title.
GENERAL PROVISIONS
SEc. 304. (a) DTims OF BoARD.-The Board shall- 49 UC
(1) investigate or cause to be investioated (in such detail as it
shall prescribe), and determine the facts, conditions, and circum-
stances and thk cause or probable cause or causes of any-
(A) aircraft accident which is within the scope of the func-
tions, powers, and duties transferred from the Civil Aero-
nautics Board under section 6(d) of the Department of
Transportation Act (49 U.S.C. 4655(d)) pursuant to title 49 U
VII of the Federal Aviation Act of 1958, as amended (49
U.S.C. 1441);
(B) highway accident, including any railroad grade cross-
in accident, that it selects in cooperation with the States;
(C) railroad accident in which there is a fatality, sub-
stantial property damage, or which involves a passenger
train;
(D) pipeline accident in which there is a fatality or sub-
stantial property damage;
(E) major marine casualty, except one involving only
public vessels, occurring on the nle waters or territorial
seas of the United States, or involving a vessel of the United
States, in accordance with regulations to be prescribed jointly
by the Board and the Secretary of the department in whih
the Coast Guard is operating. Nothing in this subparagraph
shall be construed to eliminate or dimnnish any responsibility
under any other Federal statute of the Secretary of the
department in which the Coast Guard is operating: Provided,
That any marine accident involving a public vessel and any
other vessel shall be investigated and the facts, conditions,
and circumstances, and the cause or probable cause deter-
mined and made available to the public by either the Board
or the Secretary of the Department in which the Coast Guard
isope rating; and
(F) other accident which occurs in connection with the
transportation of people or property which, in the judgment
of the Board, is catastrophic, involves problems of a
recurring character, or would otherwise earry out the policy
of this title.
The Board may request the Secretary of Transportation (here- Repor-t.
after in this title referred to as the "Secretary") to make
investigations with regard to such accidents and to report to the






45


88 STAT. 2169


Pub. Law 93-633


- 14-


January 3, 1975


Report;
publication
in Federal
Register.


Reports to
Congres s,
Federal,
State, and
local agencies.


























46 USC 239a,
239b.
46 USC 216b.


Board the facts, conditions, and circumstances thereof (except
in accidents where misfeasance or nonfeasance by the Federal
Government is alleged), and the Secretary or his designees are
authorized to make such investigations. Thereafter, the Board,
utilizing such reports, shall make its determination of cause or
probable cause under this paragraph;
(2) report in writing on the facts, conditions, and circumstances
of each accident investigated pursuant to paragraph (1) of this
subsection and cause such reports to be inmade available to the
public at reasonable cost and to cause notice of the issuance and
availability of such reports to be published in the Federal
Register;
(3) issue periodic reports to the ('ongress, Federal, State, and
local agelcies concerned with transportation safety, and other
interested persons recommending and advocating meaning-
ful responses to reduce the likelihood of recurrence of trans-
portation accidents similar to those investigated by the Board
and proposing corrective steps to make the transportation of
persons as safe and free from risk of injury as is possible, includ-
ing steps to minimize human injuries from transportation
accidents;
(4) initiate and conduct special studies and-special investiga-
tions on matters pertaining to safety in transportation including
human injury avoidance;
(5) assess and reassess techniques and methods of accident
investigation and prepare and publish from time to time recom-
mended procedures for accident investigations;
(6) establish by regulation requirements binding on persons
reporting accidents subject to the Board's in vesti(ratory juris-
diction Under this subsection;
(7) evalute. assess the effectiveness, and publish the fiuldings
of the Board with respect to the transportation safety conscious-
ness and efficacy in preventing accidents of other Govermnent
agencies;
(8) evaluate the adequacy of safeguards and procedures con-
cerning the transportation of hazardous materials and the
performance of other Government agencies 'harg,.ed with assuring
the safe transportation of such materials: and
(9) review on appeal (A) the suspensiOni aineidinent. inodifica-
tion, revocation, or denial of any operating certificate or license
issued by the Secretary of Transportation nnder sections 602. 609.
or 611(c) of the Federal Aviation Act of 195s (49 U.S.C. 1122,
1429, or 1431 (e)) ; and (B) the decisions of the Con.mndant
of the Coast Guard, on appeals from the orders of any administra-
tive law judge revoking, suspending, or denying a license, certifi-
cate, document, or register in proceedings under section 4450 of
the Revised Statutes of the United States (46 U.S.C. -239) : the
Act of July 15, 1954 (46 U.S.C. 239 (a) and (b)); or section 4 of
the Great Lakes Pilotage Act (46 U.S.C. 21b(;()).
(b) POWERS OF IOARD.-(1) The Board. or upon the authority of the
Board, any member thereof, any ad ninstratie law judge en plowed
by or assigned to the Board. or any offiver or eniployee duly desi.,ated
by the Chairman, may, for the purpose of carrying out this title, hold
such hearings, sit and act at such tines and places. adminiister suichl
oaths, and require by subpoena or others ise the attendance and testi-
mony of such witnesses and the production of such evidence as the
Board or such officer or employee deems advisable. Subpoenas shall be
issued under the signature of the Chairinan. or his delegate, and may






46


January 3, 1975 15 Pub. Law 93-633
be served by any pers-n designated by the Chairmnan. Witneses sum-
moned to appear before the Board shall be paid the same fees and
mileage that are paid witnesses in the courts of the United States. Such
attendance of witnesses and production of evidence may be ruire
from any place in the United States to any designated place of such
hearing in the United States.
(2) Any employee of the Board, upon presenting appropriate cre-
dentials and a written notice of inspection authority, is authorized to
enter any property wherein a transportation accident has occurred or
wreckage froin any such accident is located and do all things therein
necessary for a proper investigation. The employee may ins at
reasonable times, records, files, papers, process, controls, and facih-
ties relevant to the investigation of such accident. Each inspection shall
be commenced and completed with reasonable promptness and tie
results of such inspection made available.
(3) In case of contunmacy or refusal to obev a subpoena, an order or
an inspection notice of the Board, or of any duly designated employee
thereof, by any person who resides, is found. or transacts business
within the jurisdiction of any district court of the United States, such
district court shall, upon the request of the Board, have jurisdiction to
issue to such person an order requiring such person to comply forth-
with. Failure to obey such an order is punishable by such court as a
contempt of court.
(4) The Board is authorized to enter into', without regard to sec-
tion 3709 of the Revised Statutes of the United States (41 U.S.C. 5),
such contracts, leases, cooperative agreements, or other transactions
as may be necessary in the conduct of the functions and the duties of
the Board under this title, with any government entity or any person.
(5) The Board is authorized to obtain, and shall be furnished, with
or without reimburcient, a copy of the report of the autopsy per-
formed by State or local officials on any person who dies as a result of
having been involved in a transportation accident within the jurisdic-
tion of the Board and, if necessary, the Board may order the autopsy
or seek other tests of such persons as may be necessary to the investi-
gation of the accident: Provided, That to the extent consistent with
the need of the accident investigation, provisions of local law pro-
tecting religious beliefs with respect to autopsies shall be observed.
(6) The Board is authorized to (A) use. on a reimbursable basis or
otherwise, when appropriate, available services, equipment, personnel,
and facilities of the Department of Transportation and of other civilian
or military agencies and instrumentalities of the Federal Government'
(B) confer with employees and use available services, records, and
facilities of State. municipal. or local governments and agencies: (C)
employ experts and consultants in accordance with section 3109 of title
5, United States Code: (D) appoint one or more advisory committees
composed of qualified private citizens or officials of Federal, State, or
local governments as it deems necessary or Pppropriate, in accordance
with the Federal Advisory Committee Act (3 .S.C. App. I); (E)
accept voluntary and mncompensated services notwithstanding any
other provision of law; (F) accept gifts or donations of money or
property (real. personal, mixed, tangible, or intangible); and (G)
enter into contracts with public or private nonprofit entities for the
conduct of studies related to any of its functions. -
(7) Whenever the Board submits or transmits any budget estimate,
bud2'et reque-,t. supplemental budget estimate. or other budget infor-
mation, legislative recommendation, prepared testimony for congres-
sional hearings, or comment on legislation to the President or to the
Office of Management and Budget, it shall concurrently transmit a
copy thereof to the Congress. No officer or agency of the U.nited States





47


88 STAT. 2171


Pub. Law 93-633


-16-


January 3, 1975


Publication
in Federal
Register.






Rules and
regulations.
Prohibit ion.








5 USC 701.

49 USC 1904.


shall have any authority to require the Board to submit its budget
requests or estimates, legislative recommendations, prepared testimony
for congressional hearings, or comments on legislation to any officer or
agency of the United States for approval, comments, or review, prior
to the submission of such recommendations, testimony, or comments to
the Congress.
(8) The Board is empowered to designate representatives to serve or
assist on such committees as the Chairman determines to be necessary
or appropriate to maintain effective liaison with other Federal
agencies, and with State and local government agencies, and with inde-
pendent standard-setting bodies carrying out programs and activities
related to transportation safety.
(9) The Board, or an employee of the Board duly designated by the
Chairman, may conduct an inquiry to secure data with respect to any
matter pertinent to transportation safety, upon publication of notice
of such inquiry in the Federal Register; and may require, by special or
general orders, Federal, State, and local government agencies and
per-ons engaged in the transportation of people or property in com-
merce to submit written reports and answers to such requests and
questions as are propounded with respect to any matter pertinent to
any function of the Board. Such reports and answers shall be submitted
to the Board or to such employee within such reasonable period of time
and in such form as the Board mav determine. Copies thereof shall be
made available for inspection by the public.
(10) Establish such rules and regulations as may be necessary to the
exercise of its functions.
(C) USE OF REPORTS AS EVIDENCE.-No part of any report of the
Board, relating to any accident. or the investigation thereof, shall be
admitted as evidence or used in any suit or action for damages growing
out of any matter mentioned in such report or reports.
(d) JUDICIAL REviEw.-Any order, affirnmative or negative, issued
by.the Board under this title shall be subject to review by the appro-
priate court of appeals of the United States or the United States Court
of Appeals for the District of Columbia, upon petition filed within
60 days after the entry of such order, by any person disclosing a
substantial interest in such order. Such review shall be conducted in
accordance with the provisions of chapter 7 of title 5, United States
Code.
ANNUAL REPORT
SEc. 305. The Board shall report to the Congress on July 1 of each
year. Such report shall include, but need not be limited to--
(1) a statistical and analytical summary of the transportation
accident investigations conducted and reviewed by the Board
during the preceding calendar year;
(2) a survey and summary, in such detail as the Board deems
advisable, of the recommendations made by the Board to reduce
the likelihood of recurrence of such accidents together with the
observed response to each such recommendation;
(3) an appraisal in detail of the accident investigation and acci-
dent prevention activities of other government agencies charged
by Federal or State law with responsibility in this field; and
(4) a biennial appraisal and evaluation and review, and
recommendations for legislative and administrative action and
change, with respect to transportation safety.





-48


January 3, 1975 17 pub. Lw 93-633
PURUC ACCESS~ TJINFORMATION'
Sc. 306. (a) G Exwi_-CoPimp of any communication, document,
nvestigation, or other report, or information reivedl or aent by tie
Board, or any iemlier or employee of the Board. shall be made aval-
uble to the public upon identiiAable request, and at reasonable c,
1less such in fortnation may n Ix publicly released pursuant to sub-
,t ion (h) of this -v-tion. Nothing contained in this section shall be
-cenied to require the release of any information described by sul -c-
tion (b) of section 5-52 of title 5. United States Code, or which is
otherwise protected by law front diselo-sure to the public.
(b) Ex E:(rio.-N-'lCe Bo d shall not disclose information obtained
tinder this title which conct-rs or rAates to a tzimde secret referred
to in section 1905 of title 18, United States ('ode, except that
such information may be disclosed ini a manner designed to preserve
confidentiality-V
(1) upon request, to other Federal Government departments
and agencies for official use;
(2) upon rluest, to any committee of Congress havin is-
diction over the subject matter to which the information relates;
(3) in any judicial proceeding under a court order formu-
lated to preserve the confidentiality of such information without
ii n g the proc.edings; and
(4) to the public in order to protect health and safety, after
notice to any interested person to whom the information pertains
and an op opportunity for such person to comment in writing, or
orally.in closed session, on such proposed disclosure (if the delay
resulting from such notice and opportunity for comment would
not be detrimental to health and safety).
RESPONSE TO BOARD RECOM NATIONS
SEC. 307. Whenever the Board submits a recommendation regard-
ing transportation safety to the Secretary, he slall respond to each such
recommendation formally and in writing not later than 90 days
after receipt thereof. The response to the Board by the Secretary
slall indicate his intent ion to-
(1) initiate and conduct procedures for adopting such recon-
Medaon i full, pursuant to a proposed timetable, a copy of
which shall be included;
(2) initiate and conduct procedures for adopting such recom-
men dation in part, pursuant to a proposed timetable, a copy of
which shall be included. Such response shall set forth in detail
the reasons for the refusal to proceed as to the remainder of such
recommendation; or
(3) refuse to initiate or conduct procedures for adopting such
recommendation. Such response shall set forth in detail the reasons
for such refusal.
The Board shall cause notice of the issuance of each such recommenda-
tion and of each receipt of a response thereto to be published in the
Federal Register, and shall make copies thereof available to the public
at reasonable cost.





49


88 STAT. 2173


Pub. Law 93-633


- 18 -


January 3. 1975


49 USC 1907.


CONFOJIMING AMENDMENTS
SEc. 308. The Department of Transportation Act is amended-
(1) by deleting section 5 (49 U.S.C. 1654) ;
(2) by amending section 4(c) thereof (49 U.S.C. 1653(c)) by
deleting "or the National Transportation Safety Board" in the
first sentence thereof; and by deleting in the second sentence
thereof ", the Administrators, or the National Transportation
Safety Board." and by inserting in lieu thereof "or the Adminis-
trators."; and
(3) by amending section 4(d) thereof (49 U.S.C. 1653(d)) by
deleting ", the Administrators, and the National Transportation
Safety Board" and by inserting iii lieu thereof "and the Adminis-
trators".
AUTHORIZATION OF APPROPRIATIONS
SEc. 309. There are authorized to be appropriated for the purposes
of this Act not to exceed $12,000,000 for the fiscal year ending June 30,
1975; and $12,000,000 for the fiscal year ending June 30, 1976, such
sums to remain available until expended.
Approved January 3, 1975.










EXECUTIVE COMMUNICATION 1948

National Train1r
Safety Boanr
114'r Washington. D C. 259
O of
IDENTICAL LETTER 0 BE SEN 7
Honorable Nelson A. Ro1k1fe1Ii
President of the Senate
Honorable James T. Lynn
Director, Office of Kanaini
and Budget


Honorable Carl Albert -
Speaker of the-House of
Representatives
Washington, D. C. 2051S

Dear Mr. Albert:

The National Transportation Safety Board submits for your
consideration and appropriate reference a Statement of Justification
and a draft Bill, "The Independent Safety Board Act Amendments of
197S."

This Bill would make one amendment to the Independent Safety Board
Act, which is Title III of the Transportation Safety Act of 1974 (P,L.
93-633) and would provide an authorization for FY 1977 and FY 1978 for
programs of the National Transportation Safety Board.

Section 306(b) of the Act would be amended by the Bill to provide
the Safety Board with statutory authority to withhold from pblic
disclosure, notwithstanding section 552 of Title V of the United States
Code relative to freedom of information, and render immune from legal
process information obtained by the Board from an aircraft accident
investigation conducted by a foreign state, until that state notifies
the Board that it has no objection to such disclosure. It has been the
practice of the Safety Board, and the Civil Aeronautics Board before it,
to limit public disclosure of the aforementioned accident information,
and provision therefor has been contained in the regulations of the
Safety Board. However, the provisions of the Freedom of Information
Act, court decisions thereunder, and a recent court decision made during
discovery proceedings in aviation litigation have made it clear that our
regulation cannot be sustained.

If the Safety Board cannot maintain the confidentiality of accident
information obtained in the course of participation in foreign accident
investigations, the Safety Board will be seriously hindered in its
ability to initiate and support efforts to prevent future accidents.






51



2


Section 309 of the Act provides appropriation authority of
$12,000,000 for FY 1975 and FY 1976. The Board's responsibilities with
respect to this Act, however, are continuing, in addition to having been
expanded, and this Bill would provide an appropriation authorization of
$17,300,000 for FY 1977 and $18,500,000 for FY 1978. The appropriation
authorization requested in FY 1977 is needed to (1) annualize on a full-
year basis the new programs requested in the FY 1976 budget; (2) cover
the cost increases in the current Safety Board programs resulting from- -
salary increases, workload growth, and inflation; (3) fund the new
programs proposed by the Safety Board for FY 1977; (4) provide the
resources necessary for the Board to relocate its headquarters outside
of Department of Transportation buildings; and (5) provide for the full-
year cost of the October 1975 pay raise. The appropriation authori-
zation requested in FY 1978 is needed to annualize on a full-year basis
the new programs proposed for FY 1977 and to cover the cost increases,
workload growth, and inflation on the previously approved programs.

The appropriation authorization request for FY 1977 and FY 1978 is
the minimum level of effort necessary of the Safety Board to adequately
fulfill the intent of the Congress as mandated by the Independent Safety
Board Act of 1974.

The Safety Board has determined that this proposed legislation will
have no adverse impact on the environment or any inflationary impact on
the economy.

We urge the prompt introduction and early enactment of this
legislation.

Sincerely yours,




haiH.Reed
Chairman


Enclosures









A Bill


To amend the Independent Safety Board Act of 1974 to authorize ait
appropriations and for other puroses.

Be it enacted by the Senate and the House of Representatives
of the United States of America in Congress assembled, That this
Act may be cited as the "Independent Safety Board Act Amendments
of 197S."-

SEC. 2. Section 306(b) of the Independent Safety Board Act of
1974 (49 U.S.C. 1905) is amended by redesignating said section
as subsection 306(b) (1) and adding a new subsection 306(b)(2)
to read as follows:

"Sec. 306(b)(2). Notwithstanding section 552 of Title V,5
United States Code, relating to freedom of information, the Bo
shall prohibit the disclosure of all information obtained from
aircraft accident or incident investigation conducted by a foreign
state, in:*accordance with the Chicago Convention (61 Stat. 1180),
and Annex 13 issued thereunder, and in the possession of the Boar,
personnel thereof designated as a U.S. accredited representative,
and advisors to such accredited representatives; Provided, That
public disclosure may be made of such information when the state
which conducted the investigation has notified the Board in writing
that it has no objection to such disclosure. All such information
shall be immune to legal process prior to public disclosure by the
Board."

SEC. 3. Section 309 of the Independent Safety Board Act of 1974
(49 U.S.C. 190Z) is amended by adding at the end thereof the followi
new sentence:

"There are authorized to be appropriated for the purpose
of this Act not to exceed $17,300,000 for the fiscal year ending
September 30, 1977, and $18,500,000 for the fiscal year ending
September 30, 1978, such sums to remain available until expended."





53


STATEMENT OF JUSTIFICATION


Section 306(b). This proposed amendment would prohibit disclosure
by the Safety Board of information obtained by the Board, its personnel
when designated U.S. accredited representatives, and advisors to such
representatives, from.an aircraft accident conducted by a foreign state,
until that state notifies the Board, in writing, that if has no objection
to such disclosure.

Information obtained by the Safety Board from foreign accident investi-
gations is sensitive and requires protection from public disclosure prior
to approval being given by the foreign state. Under the Chicago Convention
(61 Stat. 1189) to which the United States is a signator, and Annex 13
issued thereunder, the state in which the accident occurs has the responsi-
bility for the investigation of an accident. The states of registry and
manufacturer are accorded the privilege of participating in such investi-
gations. Under present practices we are provided accident information
by the foreign government with the proviso that such information not be
released until that state has completed its investigation and indicates
no objection to public disclosure.

The United States, as the world's major aircraft producing company,
must be an active participant in accident investigations being conducted
around the world involving U. S. registered and manufactured aircraft.
The ability to preserve the confidentiality of information obtained
from foreign investigations until such investigations are completed is
vital to such participation. Without the ability to honor requests
for confidentiality by foreign states, the participation by Safety
Board personnel as accredited U. S. representatives and advisors in
foreign accident investigations may be seriously compromised, or in the
alternative, it may become impossible for our representatives to be
furnished documents needed by the Safety Board in fulfilling its'
responsibility to seek action to prevent future accidents, based on
information obtained from investigations conducted by foreign states.

Section 309. The Independent Safety Board Act of 1974 provided
the Safety Board with expanded new authorities and responsibilities.
This new Act also placed an appropriation authorization on the
Safety Board of $12,000,000 for FY 1975 and FY 1976. To adequately
accomplish its authorities and responsibilities under the new Act
the Board will require $17,300,000 for FY 1977 and $18,500,000 for FY 1978.






54


-2-


The requested increase, of $S,300,000, in appropriation authc
in FY 1977, is needed for:

1. Annualization of FY 1976 Budget Programs. The Safety
Board requested 118 additional positions in the FY 1976
budget and budget amendment at a cost of $1,800,000 for
salaries and associated expenses. Funding for these
positions in the FY 1976 budgets was requested on a half-
year basis only. Accordingly, after eliminating one-time
only purchases, an additional $1,400,000 in authorization
authority will be needed to fund the requested FY 1976
positions for the other half-year.

2. Salary, Workload, and Inflationary Increases in Current
Programs. The Safety Board will require an additional
$600,000 in authorization authority in FY 1977 for
maintaining the currently authorized programs as follows:
annualizing pay and within-grade increases, funding
promotions and new within-grade increases and an additional
day's pay, financing additional costs of an approximate
5 percent growth in Safety Board workload, and funding
the increased cost of purchasing necessary goods and
services due to inflation.

3. New FY 1977 Programs. In FY 1977 the Safety Board
is requesting an increase in its current programs,
primarily in the aviation area, to adequately accomplish
the intent of the Congress as stated in the Independent
Safety Board Act of 1974. In the FY 1976 budget amendment
the Safety Board could only request the resources necessary
to accomplish the expanded surface accident investigation
responsibilities as mandated in the new Act, due to the
constraints of a $12,000,000 authorization. Accordingly,
in FY 1977, the Safety Board is requesting the additional
resources necessary to accomplish the Safety Board's other
responsibilities as intended by the Congress.

In the surface area the additional programs proposed for
FY 1977 are: improved evaluation and follow-up on Safety
Board recommendations; publication of accident investigation
guidance; and analyzing crash injury problems to minimize
human injuries from transportation accidents..









-3-


In the aviation area the additional programs proposed
for FY 1977 are: withdrawal of the request for accident
investigation by the FAA to provide for more thorough
investigations ahd analyses of aviation accident causation;-
increased emphasis on general aviation accidents where
most of the accidents and fatalities are occurring;
expanded review and analysis of the rulemaking activities
of the FAA; and increased participation in the foreign ....
aviation accident investigations of U. S. products and
operations as a result of new rules issued by the
International Civil Aviation Organization. These new
FY 1977 programs will require an additional $2,000,000
in authorization authority in FY 1977.

4. Relocation of Washington Headquarters. The Washington
headquarters is currently housed in two separate DOT
buildings and further separation of the Safety Board staff
will be necessary if the staffing requested in FY 1976
and proposed for FY 1977 are approved. To improve the
management efficiency of the Safety Board, all headquarters
personnel should be housed in one location, particularly
because of the Safety'Board's relatively small size. In
addition, housing the Safety Board in DOT buildings
gives the appearance to the public that the Safety Board
is not in fact independent. The DOT now provides the Safety
Board with certain support services which will be terminated
when the Safety Board moves out of DOT managed buildings.
Most of these terminated services will be contracted from
commercial services or other government agencies; however,
additional equipment will be needed to provide support
that would be impractical to obtain through contract.
Accordingly, an additional $700,000 in authorization
authority is needed in FY 1977 for moving, space renovation,
equipment, and additional support services.

S. FY 1976 Pay Raise. A pay raise of 5 percent is
effective in October 1975 for all government employees.
This pay raise will substantially increase the FY 1977
requirements of the Safety Board since more than 70
percent of the Safety Board's resources are devoted
to salaries and benefits. Accordingly, $600,000 in
additional authorization authority will be -needed in
FY 1977 as a result of the FY 1975 pay raise.






56


-4-


The requested increase, of $1,200,000, in appropriation
in FY 1978, is needed for:

1. Annualization of FY 1977 Proposed Programs. The
Safety Board's proposed budget for FY 1977 includes
a request for 111 additional positions at a cost of
$2,000,000 for salaries and associated expenses.
Funding for the additional positions will be requested
on a half-year basis in FY 1977. Accordingly, after
eliminating one-time-only purchases, an additional
$1,300,000 in authorization authority will be needed
to fund the proposed PY 1977 positions for the other
half-year.

2. Salary, Workload, and Inflational Increases In
Current Programs. The Safety Board will require an
additional $600,000 in authorization authority in
FY 1978 for maintaining the currently authorized
programs as follows: annualizing pay and within-grade
increases, funding promotions and new within-grade
increases, financing additional costs of an approximate
S percent growth in Safety Board workload, and funding
the increased cost of purchasing necessary goods and
services due to inflation.

The above two increase items totaling $1,900,000 will be offset
by a decrease of $700,000 for the one-time-only moving, space
renovation, and equipment costs associated with the relocation of
the Washington headquarters in FY 1977.













UNIVERSITY OF FLORIDA

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