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1975/07/19 S1462 Federal Railroad Safety Authorization Act of 1975
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The original documents are located in Box 27, folder "7/19/75 S1462 Federal Railroad
Safety Authorization Act of 1975" of the White House Records Office: Legislation Case
Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
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copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 27 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
APPROVED75
THE WHITE HOUSE
ACTION
WASHINGTON
Last Day: July 22
July 17, 1975
MEMORANDUM FOR
THE PRESIDENT
Patal
FROM:
JIM CANNON
7/21 SUBJECT:
Enrolled Bill S. 1462
Federal Railroad Safety
Jarchives
Authorization Act of 1975
7/21
Attached for your consideration is S. 1462, sponsored by
Senator Hartke, which would authorize appropriations of
$35 million for FY 76 and $8.75 million for the July 1 -
September 30, 1976 transition quarter for the Department
of Transportation to carry out its duties under the
Federal Railroad Safety Act of 1970 and the Hazardous
Materials Transportation Act.
Additional information is provided in OMB's enrolled
bill report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Chapman) and
I recommend approval of the enrolled bill.
RECOMMENDATION
That you sign S. 1462 at Tab B.
Signed 7/19
FRESIDENT
APPROVED JUL STATE UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
JUL 16 1975
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 1462 - Federal Railroad Safety
Authorization Act of 1975
Sponsor - Sen. Hartke (D) Indiana
Last Day for Action
July 22, 1975 - Tuesday
Purpose
Authorizes appropriations for fiscal year 1976 and the transition
quarter of $43.75 million for railroad safety and $8.75 million
for hazardous material transportation safety.
Agency Recommendations
Office of Management and Budget
Approval
Department of Transportation
Approval
National Transportation Safety Board
No objection
Discussion
S. 1462 would authorize appropriations of $35 million for fiscal
year 1976 and $8.75 million for the July 1-September 30, 1976
transition quarter for the Department of Transportation to carry
out its duties under the Federal Railroad Safety Act of 1970.
Those duties involve prescribing and enforcing regulations for
the safe operation of railroad track, equipment, and facilities.
The bill would also authorize appropriations of $7 million for
fiscal year 1976 and $1.75 million for the transition quarter
to carry out the Hazardous Materials Transportation Act. That
Act charges DOT with responsibility to identify hazardous
materials and to prescribe and enforce regulations for their
safe transportation. The duties covered by these Acts are
presently being carried out under a continuing resolution which
expires upon the sine die adjournment of the first session of
the 94th Congress.
2
Draft bills submitted to the Congress by the Department of
Transportation had requested permanent authorizations of such
sums as might be necessary for these programs as a means of
giving the Department needed flexibility to deal with its
continuing responsibilities under the programs. The enrolled
bill, however, provides definite amounts in excess of your
budget requests. In your budget you requested $31 million
for railroad safety and $3.1 million for hazardous materials
for fiscal year 1976 and the transition quarter. S. 1462
would authorize $43.75 million and $8.75 million respectively
for these programs. Because the House passed appropriation
bill would appropriate amounts at or below your budget request
for these programs, we do not believe that the higher authoriza-
tion levels in S. 1462 will present a budget problem.
S. 1462 would also continue the section in the current Act which
places ceilings on the expenditure of funds for each of the
categories of operations specified under the Rail Safety Act
and would set an excessively high ceiling for the number of
rail safety inspectors. In addition, the bill would continue
to limit the amount that could be spent on rail safety research
and development to no more than the amount spent on inspection
and enforcement of the rail safety rules and regulations. When
these two provisions were enacted in the Transportation Safety
Act of 1974 (P.L. 93-633), DOT and OMB opposed them as a bad
precedent. In its views letter on the enrolled bill, DOT states,
as it did in 1974, that, at current spending levels, these
limitations will not present a practical problem.
The bill would also require the addition of a section dealing
with the transportation of radioactive materials by rail in
DOT's annual report on the administration of the Railroad
Safety Act. DOT has no objection to this section.
Although the enrolled bill does not include the permanent
authorizations or the deletion of the limitations referred to
above, as requested by DOT, OMB concurs in DOT's recommenda-
tion that the bill be approved.
James Assistant m. Director Trey
for Legislative Reference
Enclosures
OF
DEPARTMENT
DEPARTATION
OFFICE OF THE SECRETARY OF TRANSPORTATION
WASHINGTON, D.C. 20590
UNITED
AMERICA
STATES
OF
GENERAL COUNSEL
JUL 11 1975
Honorable James T. Lynn
Director, Office of Management
and Budget
Washington, D.C. 20503
Dear Mr. Lynn:
Your office has requested the views of the Department of
Transportation ("Department") on S. 1462, an enrolled bill
"To amend the Federal Railroad Safety Act of 1970 and
the Hazardous Materials Transportation Act to authorize
additional appropriations, and for other purposes. "
The first section of the bill cites the legislation as the
"Federal Railroad Safety Authorization Act of 1975. "
The second section would amend section (c) of the Federal
Railroad Safety Act of 1970, as amended, 45 U.S.C. 440(c)
("Safety Act"), by adding a provision which would require
the Secretary of Transportation ("Secretary") to include the
following in his annual report on the administration of the
Safety Act:
"a description of the regulations and handling criteria
established by the Secretary under the Hazardous Materials
Transportation Act specifically applicable to the trans-
portation 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 rail-
road during each such fiscal year.
"
We have no objection to the inclusion of this material in
our annual report.
Section 3 of the enrolled bill would amend section 212 of the
Safety Act, 45 U.S.C. 411, to authorize appropriations for the
fiscal year ending June 30, 1976, in an amount not to exceed
$35,000,000. This section would also authorize appropriations
in an amount not to exceed $8,750,000, for the transition
period, July 1, 1976, through September 30, 1976.
2
In addition, Section 3 would add two new subsections to section
212 of the Safety Act. Subsection (b) provides ceilings for
expenditure of appropriated funds for each of the purposes
available under the Safety Act. Subsection (c) limits expendi-
tures for research and development during fiscal year 1976 and
the transition period to the aggregate amounts of funds expended
during those periods for rail inspection and for the investigation
and enforcement of railroad safety rules and regulations. At
present spending levels, the limits provided in the enrolled
bill will present no problem.
Section 4 would amend section 115 of the Hazardous Materials
Transportation Act, 49 U.S.C. 1812, to authorize appropriations
for the fiscal year ending June 30, 1976, in an amount not to
exceed $7,000,000. The section authorizes appropriations in
an amount not to exceed $1,750,000 for the transition period,
July 1, 1976, through September 30, 1976.
The bill which the Department originally proposed would have
authorized a flexible and permanent authorization for the
Department's rail safety program. We believe that this
approach would have facilitated more effective planning and
administration of our rail safety program. However, because
of the continuing responsibility of the Federal Government
in the areas of railroad safety and the transportation of
hazardous materials, the Department recommends that the
President sign the enrolled bill into law.
Sincerely, John Hart Ely
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
5:30pm
WASHINGTON, D.C. 20503
JUL 16 1975
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 1462 - Federal Railroad Safety
Authorization Act of 1975
Sponsor - Sen. Hartke (D) Indiana
Last Day for Action
July 22, 1975 - Tuesday
Purpose
Authorizes appropriations for fiscal year 1976 and the transition
quarter of $43.75 million for railroad safety and $8.75 million
for hazardous material transportation safety.
Agency Recommendations
Office of Management and Budget
Approval
Department of Transportation
Approval
National Transportation Safety Board
No objection
Discussion
S. 1462 would authorize appropriations of $35 million for fiscal
year 1976 and $8.75 million for the July 1-September 30, 1976
transition quarter for the Department of Transportation to carry
out its duties under the Federal Railroad Safety Act of 1970.
Those duties involve prescribing and enforcing regulations for
the safe operation of railroad track, equipment, and facilities.
The bill would also authorize appropriations of $7 million for
fiscal year 1976 and $1.75 million for the transition quarter
to carry out the Hazardous Materials Transportation Act. That
Act charges DOT with responsibility to identify hazardous
materials and to prescribe and enforce regulations for their
safe transportation. The duties covered by these Acts are
presently being carried out under a continuing resolution which
expires upon the sine die adjournment of the first session of
the 94th Congress.
2
Draft bills submitted to the Congress by the Department of
Transportation had requested permanent authorizations of such
sums as might be necessary for these programs as a means of
giving the Department needed flexibility to deal with its
continuing responsibilities under the programs. The enrolled
bill, however, provides definite amounts in excess of your
budget requests. In your budget you requested $31 million
for railroad safety and $3.1 million for hazardous materials
for fiscal year 1976 and the transition quarter. S. 1462
would authorize $43.75 million and $8.75 million respectively
for these programs. Because the House passed appropriation
bill would appropriate amounts at or below your budget request
for these programs, we do not believe that the higher authoriza-
tion levels in S. 1462 will present a budget problem.
S. 1462 would also continue the section in the current Act which
places ceilings on the expenditure of funds for each of the
categories of operations specified under the Rail Safety Act
and would set an excessively high ceiling for the number of
rail safety inspectors. In addition, the bill would continue
to limit the amount that could be spent on rail safety research
and development to no more than the amount spent on inspection
and enforcement of the rail safety rules and regulations. When
these two provisions were enacted in the Transportation Safety
Act of 1974 (P.L. 93-633), DOT and OMB opposed them as a bad
precedent. In its views letter on the enrolled bill, DOT states,
as it did in 1974, that, at current spending levels, these
limitations will not present a practical problem.
The bill would also require the addition of a section dealing
with the transportation of radioactive materials by rail in
DOT's annual report on the administration of the Railroad
Safety Act. DOT has no objection to this section.
Although the enrolled bill does not include the permanent
authorizations or the deletion of the limitations referred to
above, as requested by DOT, OMB concurs in DOT's recommenda-
tion that the bill be approved.
James Assistant Director Trey
for Legislative Reference
Enclosures
BOARD NATIONAL? SORTATION
National Transportation
Safety Board
Washington, DC. 20594
Office of
Chairman
July 9, 1975
Mr. James M. Frey
Assistant Director for
Legislative Reference
Office of Management and Budget
Washington, D. C. 20503
Dear Mr. Frey:
In reply to your request of July 9, 1975, the National Trans-
portation Safety Board has reviewed enrolled bill S. 1462.
The Safety Board has no substantive comments to offer and
has no objection to the President signing this enrolled bill.
Sincerely yours,
John John H. Reed H.Reed
Chairman
THE WHITE HOUSE
522
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: July 16
Time: 600pm
FOR ACTION: Mike Duval
CC (for information): Jim Cavanaus
Max Friedersdorf
Jack Marsh
Ken Lazarus
FROM THE STAFF SECRETARY
DUE: Date:
Time:
July 17
200pm
SUBJECT:
S. 1462 - Federal Railroad Safety Authorization Act
ACTION REQUESTED:
For Necessary Action
X
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
No objections
Lan by
charman
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delav in submitting the required material, please
Jamos 11. 1
1216 phone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
WASHINGTON
July 17, 1975
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
MAX L. FRIEDERSDORF m.b. -6.
SUBJECT:
S.1462 - Federal Railroad Safety
Authorization Act
The Office of Legislative Affairs concurs with the agencies
that the
subject bill be signed.
Attachments
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: July 16
Time: 600pm
FOR ACTION: Mike Duval
CC (for information): Jim Cavanaugh
Max Friedersdorf
Jack Marsh
Ken Lazarus
FROM THE STAFF SECRETARY
DUE: Date:
Time:
July 17
200pm
SUBJECT:
S. 1462 - Federal Railroad Safety Authorization Act
ACTION REQUESTED:
For Necessary Action
X For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 94-240
FEDERAL RAILROAD SAFETY AUTHORIZATION ACT
OF 1975
MAY 22, 1975.-Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. STAGGERS from the Committee on Interstate and Foreign
Commerce, submitted the following
REPORT
[To accompany H.R. 5358]
The Committee on Interstate and Foreign Commerce, to whom was
referred the bill (H.R. 5358) to amend the Federal Railroad Safety
Act of 1970 and the Hazardous Materials Transportation Act to
authorize additional appropriations, and for other purposes, having
considered the same, reports favorably thereon with an amendment
and recommends that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu thereof
the following:
That this Act may be cited as the "Federal Railroad Safety Authorization Act
of 1975".
SEC. 2. Section 211 (c) of the Federal Railroad Safety Act of 1970 (45 U.S.C.
440 (c) relating to a comprehensive railroad safety report, is amended-
(1) by striking out "and" at the end of paragraph (9) ; and
(2) by redesignating paragraph (10) as paragraph (11), and by inserting
immediately after paragraph (9) the following new paragraph:
'(10) contain a description of the regulations and handling criteria estab-
lished by the Secretary under the Hazardous Materials Transportation Act
specifically applicable to the transportation of radioactive materials by rail-
road (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 trans-
portation of radioactive materials by railroad during each such fiscal year;
and".
52-597-75-1
3
2
SEC. 3. Section 212 of the Federal Railroad Safety Act of 1970 (45 U.S.C.
HEARINGS
441) is amended to read as follows:
The Subcommittee on Transportation and Commerce held 3 days
"SEC. 212. AUTHORIZATION FOR APPROPRIATIONS.
(a) There are authorized to be appropriated to carry out the provisions of
of public hearings on H.R. 5358, on April 29 and 30 and May 1, 1975.
this title not to exceed $35,000,000 for the fiscal year ending June 30, 1976; and
Testimony was received from the Federal Railroad Administration
not to exceed $8,750,000 for the transition period of July 1, 1976, through Septem-
of the Department of Transportation; the National Transportation
ber 30, 1976 (hereafter in this section referred to as the 'transition period').
Safety Board; the National Association of Regulatory Utility Com-
(b) Except as otherwise provided in subsection (c) of this section amounts
missioners; the Railway Labor Executives Association; and the
appropriated under subsection (a) of this section shall be available for expendi-
National Railroad Passenger Corporation (AMTRAK).
ture 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,-
COMMITTEE ACTION
000 for the fiscal year ending June 30, 1976; and not to exceed $4,500,000
for the transition period.
At the conclusion of the public hearing on May 1, 1975, the Sub-
"(2) To carry out the provisions of section 206 of this title, not to
exceed $3,500,000 for the fiscal year ending June 30, 1976; and not to
committee on Transportation and Commerce held an open markup
exceed $875,000 for the transition period.
session, and by voice vote, ordered H.R. 5358 reported to the full
(3) For the Federal Railroad Administration, for salaries and expenses
committee with amendments.
not otherwise provided for, not to exceed $3,500,000 for the fiscal year ending
The amendments recommended by the subcommittee added authori-
June 30, 1976; and not to exceed $875,000 for the transition period.
"(4) For conducting research and development activities under this title,
zations for funds for the transition period of July 1, through Septem-
not to exceed $10,000,000 for the fiscal year ending June 30, 1976; and not
ber 30, 1976, and required the inclusion of additional information on
to exceed $2,500,000 for the transition period.
railroad transportation of radioactive materials in the comprehensive
"(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
railroad safety report required to be filed with the Congress by March
transition period, shall not exceed the aggregate of the amounts expended for
1976.
rail inspection and for the investigation and enforcement of railroad safety
The Committee on Interstate and Foreign Commerce considered
rules, regulations, orders, and standards under this title in such fiscal year, and
H.R. 5358 in open markup session on May 13, 1975 and, by voice
in the transition period, respectively."
SEC. 4. Section 115 of the Hazardous Materials Transportation Act (49 U.S.C.
vote, ordered the bill reported to the House of Representatives as
amended by the subcommittee.
1812) is amended to read as follows:
"AUTHORIZATION FOR APPROPRIATIONS
SECTION-BY-SECTION SUMMARY OF REPORTED BILL
"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,
Section 1
and not to exceed $1,750,000 for the transition period of July 1, 1976, through
The first section provides that this legislation may be cited as the
September 30, 1976.".
"Federal Railroad Safety Authorization Act of 1975".
WHAT THE BILL DOES
Section 2
Section 2 of the reported bill adds one new provision to section
The reported bill authorizes funds for the fiscal year 1976 and for
211 (c) of the Federal Railroad Safety Act of 1970 relating to the
the transition period of July 1 through September 30, 1976 for the
comprehensive safety report required to be filed with the Congress
administration of the Federal Railroad Safety Act of 1970 and also
by March of 1976. The new provision requires that the report con-
for the Hazardous Materials Transportation Act. In each case the
tain a description of regulations and handling criteria, established
proposed funding is at the same level authorized for fiscal year 1975.
as of June 30, 1975, applicable to the transportation of radioactive
In the case of the Federal Railroad Safety Act of 1970 the funds
materials by railroad, together with projections of the volume of such
authorized for fiscal year 1976 total $35 million, the same amount
materials to be transported by railroad through 1980 and an evaluation
authorized for fiscal year 1975. In addition, $8.75 million is authorized
of the need for additional regulations and handling criteria appli-
for the 3-month transition period for the fiscal year 1976 and the
cable to the transportation of such materials.
beginning of fiscal year 1977. This continues the funding through the
transition period at the same level as the authorizations for fiscal
Section 3
years 1975 and 1976.
Section 8 amends section 212 of the Federal Railroad Safety Act of
The proposed authorizations for the Hazardous Materials Trans-
1970 to authorize funds for the administration of that Act for the
portation Act are also at the same levels as the fiscal year 1975 authori-
fiscal year 1976 and for the transition period of July 1, through Sep-
zations. A total of $7 million is authorized for fiscal year 1976 and
tember 30, 1976. A total of $35 million is authorized for the fiscal
$1.75 million is authorized for the transition period.
year 1976, and for the transition period a total of $8.75 million is
authorized.
5
4
Preliminary figures for calendar year 1974 show that train accidents
Each amount authorized is specifically allocated for particular pur-
increased from 9,698 in 1973 to 10,419 in 1974. Preliminary figures for
poses such as safety inspection and enforcement, State participation
1974 also show that injuries to railroad employees on duty were 15,641
programs, salaries and expenses, and research and development as
compared to 13,098 for 1973. Fatalities to railroad employees declined
follows:
from 158 in 1973 to 140 in 1974. Casualties at grade crossings declined
(1) For safety inspection and enforcement activities, includ-
from 3,376 in 1973 to 3,275 in 1974. In 1974 there were a total of 148
ing salaries and expenses for up to 500 safety inspectors and up
hazardous materials accidents. In those accidents there were 10 people
to 110 clerical personnel not to exceed $18 million for fiscal year
killed and 613 persons injured. During the last four years, the yearly
1976; and not to exceed $4.5 million for the transition period.
average was 113 hazardous materials accidents per year, with an aver-
(2) For State participation programs, not to exceed $3.5 million
age of 3 fatalities per year and 320 persons injured per year.
for the fiscal year 1976; and not to exceed $875,000 for the tran-
The best that can be said for these figures is that the rate of increase
sition period.
in train accidents in 1974 was lower than in the previous year. The
(3) For salaries and expenses of the Federal Railroad Admin-
Committee finds any increase in rail accidents unacceptable but per-
istration not otherwise provided for, not to exceed $3.5 million
haps there is some hope in the fact that the rate of increase is declining.
for the fiscal year 1976; and not to exceed $875,000 for the tran-
While the rate of increase in train accidents was lower in 1974, than
sition period.
in the previous year by 1.1 percent, the toll of railroad accident carnage
(4) For railroad safety research and development activities,
leaves little to be proud of. The statistics for railroad employees alone
not to exceed $10 million for fiscal year 1976; and not to exceed
show that, in 1974, 140 were killed and 15,641 were injured. This injury
$2.5 million for the transition period.
rate is 19.4 percent higher than in the previous year.
The limitation, first enacted in the 1975 authorization, providing
The Committee feels that these statistics are telling the story that
that the funds expended for railroad safety research and development
the Federal Railroad Administration (FRA) is not doing its job ade-
activities cannot exceed the amount spent on safety inspection and
quately. The Committee also feels that a major reason for this problem
enforcement activities is continued by the reported bill for the fiscal
is that the FRA has consistently failed to avail itself of the safety
year 1976 and for the transition period. The 1975 authorization pro-
inspectors and funds authorized by this Committee. The result has been
vided that the money available for safety inspection and enforcement
ever increasing accidents and injuries on the railroads. For fiscal years
activities would be available for up to 350 safety inspectors and up
1971 through 1975, this Committee has authorized funds totalling
to 80 supporting clerical personnel. The authorizations contained in
$117,440,000 for the administration and enforcement of railroad safety.
the reported bill for the fiscal year 1976, and for the transition period,
During this same period, appropriations pursuant to FRA requests
provide that the money available for safety inspection and enforce-
have totalled $71,699,000 and expenditures by FRA for administra-
ment activities will be available for up to 500 safety inspectors and
tion and enforcement of railroad safety legislation, has totalled $65,-
up to 110 supporting clerical personnel.
773,000. Also significant, is the fact that during the first three years of
the program, the FRA expended $21,880,000 on railroad safety research
Section 4
activities, while, at the same time, expending only $16,627,000 on
Section 4 amends section 115 of the Hazardous Materials Trans-
safety inspection and enforcement activities. Finally, in the authoriza-
portation Act to authorize appropriations of $7 million for the fiscal
tion of funds for fiscal year 1975, the Committee limited the amount
year 1976, which is the same amount authorized for fiscal year 1975.
which can be spent by FRA on railroad safety research activities to an
In addition, it authorizes an appropriation of $1.75 million for the
amount not greater than the amount expended for railroad safety
transition period of July 1 through September 30, 1976. This continues
inspection and enforcement activities. This limitation is also continued
the funding through the transition period at the same level as the
for fiscal year 1976 by the reported bill.
authorizations for fiscal years 1975 and 1976.
Testimony before the Committee by FRA tends to support the Com-
mittee position that more inspection and enforcement activities are
BACKGROUND AND NEED
essential to any immediate improvement in railroad safety. This testi-
The Congress enacted the Federal Railroad Safety Act of 1970 in
mony indicated that, for 1974, track defects caused 41 percent of all
an attempt to promote safety in all areas of railroad operations. It
accidents and that existing track standards cover 98 percent of the
was enacted at a time when rail accidents had doubled over the pre-
reported causes of all track accidents. Testimony also indicated that
vious decade. It was hoped that the comprehensive scheme of Federal
equipment defects caused another 20 percent of all accidents and that
regulation coupled with Federal-State enforcement activities would
existing equipment regulations cover 97 percent of the equipment de-
halt the increase in rail accidents. Unfortunately, this has not been
fects causing train accidents. The Committee feels it is obvious, there-
fore, that the major emphasis of this legislation must be to obtain
the case.
Each time the Committee has held hearings on new authorizations
better compliance with existing regulations. Since the existing regula-
to implement the Federal Railroad Safety Act of 1970 it has hoped
tions cover most of the accidents the answer is for FRA to hire a suffi-
to see a reversal of the increasing rate of rail accidents. Each time, the
cient number of inspectors to help assure better inspection, better com-
Committee has been disappointed and this year has been no exception.
pliance, and ultimately improved safety on our railroads.
6
7
Again numbers tell a significant story. The FRA presently has
The Committee notes that FRA is slowly but surely making attempts
approximately 40 inspectors (not counting 8 supervisors) who are
to get needed safety regulations into place and additional enforcement
responsible for the inspection of approximately 330,000 miles of track.
powers into the hands of its inspectors. FRA recently published
In the locomotive and car area the FRA has approximately 75 inspec-
a notice that it intended to delegate additional enforcement powers to
tors (not counting 8 supervisors) who are responsible for inspecting
FRA inspectors and to certified State inspectors. The additional
approximately 1.8 million freight cars and approximately 30,000 loco-
powers will enable FRA and participating State inspectors to control
motives, plus passenger cars. To this total you can add eight States
certain hazards by requiring that proper repairs be made before un-
with 14 inspectors participating in the enforcement program under
safe railroad cars are returned to service, and to reduce risks created
the authority originally enacted in 1970. This State participation com-
by operation over bad track at excessive speed by reducing the classifi-
pares poorly with the State participation program enacted in 1968
cation of that track and thus lowering the permissable operating speed
under the Natural Gas Pipeline Safety Program where 48 States are
over that track.
now participating. With a work force that can only be described as
There are at least two examples of needed regulations which have
meager at best, perhaps it is not surprising that FRA, in 1974, han-
finally come into being. One involves headshields for tank ears carry-
dled a total of 4,406 violations of rail safety regulations and collected
ing liquified petroleum gas (LPG). The factual report identifying
a total of $913,164.50 in fines from 62 railroads, while railroad acci-
headshields as being economically justified was made to FRA by its
dents totaled 10,419 in the same year. It has been observed that some
contractor, the Association of American Railroads, in June of 1971.
States collect more in traffic fines in one year. Moreover, the Committee
The regulation was not proposed, however, until May of 1973, and the
feels that poorly enforced laws most certainly encourage violations and
final regulation was not published until July 23, 1974, almost three
result in an increased number of accidents and injuries.
years later and after the second of three catastrophic accidents in rail
Adequate authority exists under present legislation to bring about
yards. These accidents resulted in property damage of over $39 million
a significant improvement in railroad safety, if FRA would request
and there were eight fatalities and 814 injuries. The tank car head-
adequate funds and hire a sufficient number of Federal inspectors and
shield which could have been added for about $6.3 million probably
encourage State participation. One example of the adequacy of exist-
would have prevented each of these accidents. Another example in-
ing authority occurred in July of 1974. As a result of inspections of
volves recommendations made by the National Transportation Safety
Penn Central tracks between Chicago, Illinois, and Jeffersonville,
Board following the explosion of twelve car loads of bombs near
Indiana, FRA inspectors discovered 1,329 track defects. FRA deter-
Bentson, Arizona, on May 24, 1973. Prior to its final determination
mined that an emergency situation existed involving a hazard of death
of cause, the Safety Board recommended, on June 1, 1973, that FRA
or injury and issued an emergency order terminating all freight and
issue temporary regulations requiring the use of cars with roller bear-
passenger service over this track until repairs were completed and the
ings and either composition brake shoes or spark shields for the rail
track reinspected and approved by the FRA. Repair work was under-
transportation of military explosive munitions of the type involved in
taken immediately by the Penn Central and service was restored.
the Bentson explosion. FRA regulations now require that, effective
Despite the frustrations and disappointments with the enforcement
July 1, 1975, all rail cars used to transport such explosives be equipped
of railroad safety legislation by FRA, this Committee intends to pur-
with high friction composition brake shoes and have either a metal
sue its efforts to assure that FRA receives sufficient authorization for
subfloor with no combustible material exposed or metal spark shields
funds needed to improve railroad safety. The reported bill authorizes
extending over the wheel area. Effective December 31, 1975, all such
the same amount of funds for FRA as adopted by this Committee and
rail cars must be equipped with roller bearings. From these examples,
by the Congress for FY 1975. The only change is for an increase in the
it is apparent that FRA needs to explore ways to expedite the research
number of inspectors and support personnel authorized to be hired.
and development process and to produce earlier resolution of con-
The money request is the same because the safety program can be
troversial corrections.
accomplished adequately with such funds.
CONCLUSION
The Committee feels that FRA should move expeditiously to en-
courage more States to participate in the enforcement of Federal rail
The Committee recommends enactment of the bill, as reported. The
safety regulations. The Committee also feels that it is important for
Committee is not recommending enactment solely on the basis that
FRA to continue a research and development program designed to
this legislation alone is the complete answer to railroad safety in the
develop new technology in the area of railroad safety. The Committee
nation, or even on the basis that it will result in an immediate and
was encouraged to hear that highspeed track inspection equipment has
dramatic improvement in rail safety. It has been argued that rail-
been developed, is now in use, and more such equipment is on order.
road economics and railroad safety are incompatible and that so
The limitation that research funds shall not exceed amounts expended
long as the railroads remain in a deteriorating economic situation
for inspection and enforcement will not inhibit the research program
maintenance of track and roadbed will be deferred at the expense
of the FRA. The Committee also was encouraged to hear that, in addi-
of safety. The Committee believes there is an element of truth in this
tion to the eight States now participating in the rail safety program,
argument, but remains hopeful that the railroad industry will become
FRA is reviewing applications submitted by an additional three States
convinced that railroad safety is cost beneficial and will not continue
and has had discussions with eleven more States which have expressed
to defer track and readbed maintenance that is necessary to safe and
an interest in participating in this program.
efficient railroad transportation. The Committee feels this authoriza-
9
8
A total of $26.875 million will result in a direct increase in
tion is necessary to assure adequate safety inspection and enforcement
activities which are essential to an overall improvement in the rail-
Federal employment in the area of rail safety inpection and
enforcement activities, and will also result in an increase in
road safety picture for the future.
State employment in the same area through State participa-
tion in the Federal enforcement program. An additional $12.5
Cost ESTIMATE
million will be allocated to railroad safety research and de-
In compliance with clause 7 of Rule XIII of the Rules of the
velopment activities. This can be expected to generate new
House of Representatives, the following statement is made relative to
employment through the development of new safety equip-
ment and facilities.
the cost of this legislation.
The reported bill authorizes appropriations totaling $35 million
In addition, examples given in this report indicate that
for railroad safety programs for the fiscal year 1976 and an additional
railroad safety programs are cost beneficial and when prop-
$8.75 million for the interim period of July 1 through September 30,
erly implemented will have an anti-inflationary impact
1976. For hazardous materials transportation programs, the reported
through prevention of rail accidents and saving millions of
bill authorizes $7 million for fiscal year 1976 and an additional $1.75
dollars in property damage, thereby increasing productivity
million for the interim period. Any additional appropriations for
and gross national output.
fiscal year 1977 and later fiscal years must be authorized by the
CHANGES IN EXISTING LAW MADE BY THE BILL. As REPORTED
Congress in subsequent legislation.
In compliance with clause 3 of rule XIII of the Rules of the House
OVERSIGHT FINDINGS
of Representatives, changes in existing law made by the bill, as
Pursuant to Clause 2 (1) (3) (A) of Rule XI of the Rules of the
reported, are shown as follows (existing law proposed to be omitted
House of Representatives, the Committee issues the following over-
is enclosed in black brackets, new matter is printed in italics, existing
law in which no change is proposed is shown in roman)
sight findings:
The Committee believes that the Federal Railroad Admin-
FEDERAL RAILROAD SAFETY ACT OF 1970
istration of the Department of Transportation has been reluc-
tant to implement and enforce the Federal Railroad Safety
TITLE II-RAILROAD SAFETY
Act of 1970. Past experience has also indicated an over-
emphasis by the FRA on research and development activities
SEC. 201. SHORT TITLE.
at the expense of safety inspection and enforcement activities.
This title may be cited as the "Federal Railroad Safety Act of
The Committee finds, however, that progress is being made
1970".
in the direction of adequate implementation and enforcement
SEC. 202. RAIL SAFETY REGULATIONS.
of rail safety regulations. Funds are being requested by the
(a) The Secretary of Transportation (hereafter in this title re-
FRA to increase the manpower necessary to adequate safety
ferred to as the "Secretary") shall (1) prescribe, as necessary, ap-
enforcement and inspection activities and to encourage in-
propriate rules, regulations, orders, and standards for all areas of
creased participation by States. There is also increased empha-
railroad safety supplementing provisions of law and regulations in
sis on safety and enforcement activities as opposed to research
effect on the date of enactment of this title, and (2) conduct, as neces-
and development activities.
sary, research, development, testing, evaluation, and training for all
In regard to Clause 2 (1) (3) (D) of Rule XI of the Rules of the
areas of railroad safety. However, nothing in this title shall prohibit
House of Representatives, no oversight findings have been submitted
the bargaining representatives of common carriers and their em-
to the Committee by the Committee on Government Operations.
ployees from entering into collective bargaining agreements under the
In regard to Clause 2 (1) (3) (C) of Rule XI of the Rules of the
Railway Labor Act, including agreements relating to qualifications
House of Representatives, no cost estimate or comparison has been
of employees, which are not inconsistent with rules, regulations,
submitted by the Congressional Budget Office relative to the provisions
orders, or standards prescribed by the Secretary under this title.
of H.R. 5358.
Nothing in this title shall be construed to give the Secretary authority
INFLATIONARY IMPACT STATEMENT
to issue rules, regulations, orders, and standards relating to quali-
Pursuant to Clause 2 (1) (4) of Rule XI of the Rules of the House
fications of employees, except such qualifications as are specifically
of Representatives, the Committee makes the following statement in
related to safety.
regard to the inflationary impact of the reported bill:
(b) Hearings shall be conducted in accordance with the provisions
The reported bill authorizes appropriations totalling $52.5
of section 553 of title 5 of the United States Code for all rules, regula-
million for the period beginning July 1, 1975, and ending
tions, orders, or standards issued by the Secretary including those
September 30, 1976. Of this total, $43.75 million will be for
establishing, amending, revoking, or waiving compliance with a rail-
rail safety programs and $8.75 million will be for hazardous
road safety rule, regulation, order, or standard under this title, and an
opportunity shall be provided for oral presentations.
materials transportation programs.
52-597-75-2
10
11
(c) The Secretary may, after hearing in accordance with sub-
this title) to request injunctive relief for the violation of rules, regula-
section (b) of this section, waive in whole or in part compliance with
tions, orders, and standards prescribed by the Secretary under section
any rule, regulation, order, or standard established under this title, if
of this title and to recommend appropriate action as provided
he determines that such waiver of compliance is in the public interest
by sections 209 and 210 of this title.
and is consistent with railroad safety. The Secretary shall make pub-
(b) Each annual certification shall include a report, in such form
lic his reasons for granting any such waiver.
as the Secretary may by regulation provide, showing
(d) In prescribing rules, regulations, orders, and standards under
(1) the name and address of each railroad subject to the safety
this section the Secretary shall consider relevant existing safety data.
jurisdiction of the State agency;
and standards.
(2) all accidents or incidents reported during the preceding
(e) The Secretary shall issue initial railroad safety rules, regula-
twelve months by each such railroadinvolving personal injury re-
tions, orders, and standards under this title based upon existing safety
quiring hospitalization, fatality, or property damage exceeding
data and standards, not later than one year after the date of enact-
$750 or such other higher amount as the Secretary may prescribe,
ment of this title. The Secretary shall review and, after hearing in
together with a summary of the State agency's investigation as to
accordance with subsection (b) of this section, revíse such rules, reg-
the cause and circumstances surrounding each such accident or
ulations, orders, and standards as necessary.
incident;
(f) Any final agency action taken under this section is subject to-
(3) the record maintenance, reporting, and inspection practices
judicial review as provided in chapter 7 of title 5 of the United States
conducted by the State agency to aid the Secretary in his enforce-
Code.
ment of rules, regulations, orders, and standards prescribed by
SEC. 203. EMERGENCY POWERS.
him under section 202( of this title, including a detail of the
number of inspections made of rail facilities, equipment, rolling
If through testing, inspection, investigation, or research carried out
stock, and operations by the State agency during the preceding
pursuant to this title, the Secretary determines that any facility or
twelve months; and
piece of equipment is in unsafe condition and thereby creates an emer-
(4) such other information as the Secretary may require.
gency situation involving a hazard of death or injury to persons.
The report included with the first annual certification need not show
affected by it, the Secretary may immediately issue an order, without
information unavailable at that time. If after receipt of annual certifi-
regard to the provisions of section 202 (b) of this title, prohibiting the-
cation the Secretary determines that the State agency is not satisfac-
further use of such facility or equipment until the unsafe condition
torily complying with the investigative and surveillance activities
is corrected. Subsequent to the issuance of such order, opportunity for
prescribed by him with respect to such safety rules, regulations, orders,
review shall be provided in accordance with section 554 of title 5 of
and standards, he may, on reasonable notice and after opportunity
the United States Code.
for hearing, reject the certification, in whole or in part, or take such
other action as he deems appropriate to achieve adequate enforcement.
When such notice is given by the Secretary, the burden of proof shall
SEC. 206. STATE PARTICIPATION.
be upon the State agency to show that it is satisfactorily complying
(a) A State may participate in carrying out investigative and sur-
with the investigative and surveillance activities prescribed by the
veillance activities in connection with any rule, regulation, order, or
Secretary with respect to such safety rules, regulations, orders, and
standard prescribed by the Secretary under this title if the safety prac-
standards.
tices applicable to railroad facilities, equipment, rolling stock, and
(c) With respect to any railroad facility, equipment, rolling stock,
operations within such State are regulated by a State agency and such
or operation for which the Secretary does not receive an annual certi-
State agency submits to the Secretary an annual certification that such
fication under subsection (a) of this section, the Secretary may enter
State agency-
into an agreement with a State agency to authorize such agency to
(1) has regulatory jurisdiction over the safety practices appli-
provide all or any part of the investigative and surveillance activities
cable to railroad facilities, equipment, rolling stock, and opera-
prescribed by the Secretary as necessary to obtain compliance with any
tions within the State concerned;
Federal safety rule, regulation, order, or standard applicable to any
(2) has been furnished a copy of each Federal safety rule,
such railroad facility, equipment, rolling stock, or operation. An agree-
regulation, order, and standard, applicable to any such railroad
ment entered into under this subsection, or any provision thereof, may
facility, equipment, rolling stock, or operation, established under
be terminated by the Secretary if, after notice and opportunity for a
this title as of the date of the certification;
hearing, he finds that the State agency has failed to provide all or any
(3) is conducting the investigative and surveillance activities
part of the investigative and surveillance activities to which the agree-
prescribed by the Secretary as necessary for the enforcement by
ment relates. Such finding and termination shall be published in the
him of each rule, regulation, order, and standard referred to in
Federal Register, and shall become effective no sooner than fifteen
paragraph (2) of this subsection, as interpreted by the Secretary.
days after the date of publication.
The Secretary shall retain the exclusive authority to assess and com-
(d) Upon application by any State agency which has submitted a
promise penalties and (except as otherwise provided by section 207 of
certification under subsection (a) of this section, or entered into an
13
12
(d) In any action brought under this title, subpenas for witnesses
agreement under subsection (c) of this section, the Secretary shall pay,
who are required to attend a United States district court may run
out of funds appropriated pursuant to this title or otherwise made
into any other district.
available, up to per centum of the cost of the personnel, equipment,
and activities of such State agency reasonably required, during the
SEC. 210. INJUNCTIVE RELIEF.
ensuing fiscal year, to carry out a safety program under such certifica-
(a) The United States district court shall, at the request of the
tion or agreement. No such payment may be made unless the State
Secretary and upon petition by the Attorney General on behalf of the
agency making application under this subsection given assurances
United States, or upon application by a State agency pursuant to sec-
satisfactory to the Secretary that the State agency will provide the
tion 207 of this title, have jurisdiction, subject to the provisions of
remaining cost of such a safety program and that the aggregate
rules 65 (a) and (b) of the Federal Rules of Civil Procedure, to
expenditures of funds of the State, exclusive of Federal grants, for
restrain violations of this title or to enforce rules, regulations, orders,
the safety program will be maintained at a level which does not fall
or standards established under this title.
below the average level of such expenditures for the last two fiscal
(b) In any proceeding for criminal contempt for violation of an
years preceding the date of enactment of this title.
injunction or restraining order issued under this section or under sec-
(e) The Secretary is authorized to conduct such monitoring of State
tion 207 of this title, which violation also constitutes a violation of this
investigative and surveillance practices and such other inspection and
title, trial shall be by the court, or, upon demand of the accused, by
investigation as may be necessary to aid in the enforcement of the
a jury, conducted in accordance with the provisions of rule 42(b) of
provisions of this title.
the Federal Rules of Criminal Procedure.
(f) The certification which is in effect under subsection (a) of this
SEC. 211. ANNUAL REPORT.
section shall not apply with respect to any new or amended Federal
safety rule, regulation, order, or standard for railroads established
(a) The Secretary shall prepare and submit to the President for
under this title after the date of such certification until the State
transmittal to Congress on or before May 1 of each year a compre-
agency has submitted an appropriate certification in accordance with
hensive report on the administration of this title for the preceding
the provisions of subsection (a) of this section to provide the necessary
calendar year. Such report shall include, but not be restricted to—
inspection and surveillance activities in accordance with the provisions
(1) a thorough statistical compilation of the accidents and
casualties by cause occurring in such year;
of such subsection.
(2) a list of Federal railroad safety rules, regulations, orders,
and standards issued under this title in effect or established in
SEC. 209. PENALTIES.
such year;
(a) It shall be unlawful for any railroad to disobey, disregard, or
(3) a summary of the reasons for each waiver granted under
fail to adhere to any rule, regulation, order, or standard prescribed by
section 202 (c) of this title during such year;
the Secretary under this title.
(4) an evaluation of the degree of observance of applicable rail-
(b) The Secretary shall include in, or make applicable to, any rail-
road safety rules, regulations, orders, and standards issued under
road safety rule, regulation, order, or standard issued under this title
this title;
a civil penalty for violation thereof or for violation of section 2 of the
(5) a summary of outstanding problems confronting the
Act of May 6, 1910 (45 U.S.C. 39) in such amount, not less than $250
administration of Federal railroad safety rules, regulations,
nor more than $2,500, as he deems reasonable.
orders, and standards issued under this title in order of priority;
(c) Any railroad violating any rule, regulation, order, or standard
(6) an analysis and evaluation of research and related activi-
referred to in subsection (b) of this section shall be assessed by the
ties completed (including the policy implications thereof) and
Secretary the civil penalty applicable to the standard violated. Each
technological progress achieved during such year;
day of such violation shall constitute a separate offense. Such civil
(7) a list, with a brief statement of the issues, of completed or
penalty is to be recovered in a suit or suits to be brought by the Attor-
pending judicial actions for the enforcement of any Federal rail-
ney General on behalf of the United States in the district court of the
road safety rule, regulation, order, or standard issued under this
United States having jurisdiction in the locality where such violation
title;
occurred. Civil penalties may, however, be compromised by the Secre-
(8) the extent to which technical information was disseminated
tary for any amount, but in no event for an amount less than the
to the scientific community and consumer-oriented information
minimum provided in subsection (b) of this section, prior to referral
was made available to the public;
to the Attorney General. The amount of any such penalty, when
(9) a compilation of-
finally determined, or the amount agreed upon in compromise, may
(A) certifications filed by State agencies under section
be deducted from any sums owing by the United States to the person
(a) of this title which were in effect during the preceding
charged. All penalties collected under this title, including penalties
calendar year, and
collected pursuant to section 207 of this title, shall be covered into
(B) certifications filed under section of this title
the Treasury as miscellaneous receipts.
which were rejected, in whole or in part, by the Secretary
14
15
during the preceding calendar year, together with a summary
(E) the sources from which the State expects to draw the
of the reasons for each such rejection; and
funds to finance such programs; and
(10) a compilation of-
(F) the amount of State funds and of Federal financial
(A) agreements entered into with State agencies under
assistance needed during each such fiscal year, by category;
section (c) of this title which were in effect during the
(7) contain a detailed analysis of (A) the number of safety
preceding calendar year, and
inspectors needed (by industry and Government respectively) to
(B) agreements entered into under section of this
maintain an adequate and reasonable railroad safety program and
title which were terminated by the Secretary, in whole or in
record; (B) the minimum training and other qualifications
part, during the preceding calendar year, together with a
needed for each such inspector; (C) the present and projected
summary of the reasons for each such termination.
availability of such personnel in comparison to the need therefor;
(b) The report required by subsection (a) of this section shall
(D) the salary levels of such personnel in relation to salary levels
contain such recommendations for additional legislation as the Secre-
for comparable positions in industry, State governments, and the
tary deems necessary to strengthen the national railroad safety
Federal Government;
program.
(8) evaluate alternative methods of allotting Federal funds
(c) SPECIAL REPORT.-The Secretary shall prepare and submit to
among the States applying for Federal financial assistance,
the President and the Congress, not later than March 17, 1976, a
including reaommendations, if needed, for a formula for such
comprehensive railroad safety report. Such report shall-
apportionment;
(1) contain a description of the areas of railroad safety with
(9) contain a discussion of other problems affecting coòpera-
respect to which Federal safety standards issued under this Act
tion among the States that relate to effective participation of
are in effect (as of June 30, 1975) ;
State agencies in the nationwide railroad safety program; [and]
(2) identify any area of railroad safety with respect to which
(10) contain a description of the regulations and handling cri-
Federal safety standards have been proposed but have not been
teria established by the Secretary under the Hazardous aterials
issued under this Act (as of June 30, 1975);
Transportation Act specifically applicable to the transportation
(3) identify any area of railroad safety with respect to which
of radioactive materials by railroad (as of June 30, 1975),
Federal safety standards have not been issued under this Act (as
together with annual projections of the amounts of radioactive
of June 30, 1975)
materials reasonably expected to be transported by railroad dur-
(4) identify alternative and more cost-effective methods for
ing each fiscal year from 1976 through 1980 and an evaluation of
inspection and enforcement of Federal safety standards, including
the need for additional regulations and handling criteria appli-
mechanical and electronic inspection, and contain an evaluation
cable to the transportation of radioactive materials by railroad
of problems involved in implementing such alternatives, with
during each such fiscal year; and
specific attention to the need for cooperation with the railroad
[10] (11) contain recommendations for any additional Federal
industry;
and State legislation needed to further realization of the òbjec-
(5) identify the areas of railroad safety listed in accordance
tives of this Act.
with paragraphs (1) through (3) of this subsection which
Such report shall be prepared by the Sécretary, directly or indirectly,
involve, or which may involve, State participation under section
after research, examination, study, and consultation with the national
206 of this Act;
associations representing railroad employee unions, railroad manage-
(6) contain a description of the railroad safety program which
ment, cooperating State agencies, the national organization of State
is in effect or planned in each State (as of June 30, 1975),
commissions, universities, and other persons having special expertise
including-
or experience with respect to railroad safety. Such report shall include,
(A) State program development;
in an appendix, a statement of the views of the national associations
(B) State plans to participate in program areas listed in
representing railroad employee unions, of the carriers, and of the
accordance with paragraph (1) of this subsection, which are
national organization of State commissions with respect to the content
not covered by a State certification or agreement;
of such report in its final form.
(C) State interest in participating in each program area
SEC. 212. AUTHORIZATION FOR APPROPRIATIONS.
listed in accordance with paragraphs (2) and (3) of this
subsection, following issuance of the applicable safety
(a) There are authorized to be appropriated to carry out the pro-
standards;
visions of this Act.not to, exceed $35,000,000 for the fiscal year ending
(D) annual projections of each State agency's needs for
June 30, 1975.
personnel, equipment, and activities reasonably required to
(b) Subject to the provisions of subsection (c), amounts appro-
carry out its State program during each fiscal year from
priated under subsection (a) of this section shall be available for
1976 through 1980 together with estimates of the annual costs
expenditure as follows:
thereof separately stated as to projections under subpara-
[(d) Not to enceed $18,000,000 for the Office of Safety, in-
graphs (B) and (C) of this parágraph;
cluding salaries and expenses for up to 350 safety inspectors and
up personal.
16
[(2) Not to exceed $3,500,000 to carry out the provisions of
section (d) of this Act.
[(3) Not to exceed $3,500,000 for the Federal Railroad Admin-
istration, for salaries and expenses not otherwise provided for.
[(4) Not to exceed $10,000,000 for conducting research and
development activities under this Act.
APPENDIX I
(c) The aggregate of amounts obligated and expended in fiscal
TRAIN ACCIDENT SUMMARY
year 1975 for conducting research and development activities under
this Act shall not exceed the aggregate of amounts expended in such
1974
Percent
estimate
1973
change
fiscal year for the investigation and enforcement of railroad safety
rules, regulations, orders, and standards prescribed or in effect under
Total train accidents
10,419
9,698
+7.4
this Act.
Human factors
2,110
2,282
-7.5
(a) There are authorized to be appropriated to carry out the provi-
Equipment failures
2,108
1,992
+5.8
Track failures
4,239
3,556
+19.2
sions of this title not to exceed $35,000,000 for the fiscal year ending
Miscellaneous causes
1,962
1,868
+5.0
June 30, 1976; and not to exceed $8,750,000 for the transition period of
Millions of train-miles
840.850
831.347
-1.1
July 1, 1976, through September 30, 1976 (hereafter in this section
Accident/millions of train miles
12.4
11.7
+6.0
referred to as the "transition period").
Human factors
2.5
2,7
-7.4
(b) Except as otherwise provided in subsection (c) of this section
Equipment
2.5
2.4
+4.2
Track
5.1
4.3
+18.6
amounts appropriated under subsection (a) of this section shall be
Miscellaneous
2.3
2.3
0
available for expenditure as follows:
Train accident casualties:
(1) For the Office of Safety, including salaries and expenses for
Killed
140
149
-6.0
Injured
912
758
+20.3
up to 500 safety inspectors and up to 100 clerical personnel, not to
Employee casualties, all types of accidents:
Killed
140
158
-11.4
exceed $18,000,000 for the fiscal year ending June 30, 1976; and
Injured
15,641
13,097
+19.4
not to exceed $4,500,000 for the transition period.
Passenger casualties, all types of accidents:
Killed
7
6
+16.0
(2) To carry out the provisions of section 206 (d) of this title,
Injured
585
504
+16.0
not to exceed $3,500,000 for the fiscal year ending June 30, 1976;
and not to exceed $875,000 for the transition period.
(17)
(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, 1976; 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 re-
search 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 investiga-
tion and enforcement of railroad safety rules, regulations, orders, and
standards under this title in such fiscal year, and in the transition
period, respectively.
SECTION 115 OF THE HAZARDOUS MATERIALS TRANSPORTATION ACT
AUTHORIZATION FOR APPROPRIATIONS
[SEC. 115. There is authorized to be appropriated for the purposes
of this title, not to exceed $7,00,000 for the fiscal year ending June 30,
1975.]
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 end-
ing June 30, 1976, and not to exceed $1,750,000 for the transition period
of July 1, 1976, through September 30, 1976.
APPENDIX II
APPENDIX III
RAILROAD DERAILMENTS, 1970-74
TRAIN ACCIDENT RATES FOR INDIVIDUAL CARRIERS
Percent
The attached charts, with accompanying data tables, define train
Derailments
increase of
Total
as percent
derailments
accident rates for individual carriers during 1971, 1972, 1973 and nine
reported
Total
of all
over preceding
months of 1974. The first two charts use millions of train miles as the
accidents
derailments
accidents
year
ratio base; the following two charts use billions of gross ton-miles.
1970
7,744
5,523
71.3
Ratios were calculated for each Class I carrier reporting at least 50
1971
6,993
5,058
72.3
-8.4
1972
7,211
5,456
75.7
+7.9
total train accidents in any one of the four years under consideration
1973
9,375
7,307
77.9
#638'9
(nine months of 1974) and also for all Class II carriers as a group.
1974
1.10,419
18,270
79.4
**29.2
However, switching and terminal companies, both Class I and Class
1 FRA: Preliminary figures.
II, report train-miles but not gross ton-miles. Hence, they were
(18)
included in the train-mile ratio charts, but excluded from the gross-
ton-mile charts.
Train accident data were obtained from the Accident Bulletins Nos.
140, 141 and 142. The 1973 figures from No. 142 were adjusted to
include accidents at rail-highway grade-crossings to insure consistency
with the previous years.
Train-mile data was also obtained from these Bulletins. This infor-
mation is reported monthly to the FRA by the carriers, as part of their
monthly accident report.
The gross ton-mile figures for Class I line-haul railroads were ob-
tained from the Interstate Commerce Commission. Class II line-haul
carriers do not report gross ton-miles. Since Class I line-haul rail-
roads report both gross ton-miles and ton-miles, an estimate of Class
II line-haul gross ton mileage was made based on the ratio of gross-
ton miles to ton-miles for Class I line-haul railroads. These ratios
were computed as 2.414 for 1971, 2.541 for 1972 and 2.507 for 1973.
On each ratio bar chart, the railroads were plotted in order of
descending 1973 ratios. Data for the nine months of 1974 were plotted
on separate charts.
FRA has used these two bases (train miles-gross ton miles) because
some railroads have indicated that one of the bases would not be ap-
propriate for their particular property and would therefore show an
inaccurate profile of their train accidents as compared to other car-
riers. However, an analysis by FRA of sixty-four Class I railroads
using 1973 data has shown that the coefficient of correlation for Gross
Ton Miles versus Total Train Miles is .979.
(19)
20
21
SUMMARY OF TRAIN ACCIDENT RATES
TOTAL TRAIN ACCIDENT RATES
Total train
Equipment
BASED ON MILLIONS OF TRAIN MILES
accidents
Human factors
defects
Track defects
1971 1973
Million of
Num-
Num-
Num-
Num-
train-miles
ber
Rate
ber
Rate
ber
Rate
ber
Rate
1971: National average
783.844
7,304
9.3
1,912
2.4
1,630
2.1
2,276
2.9
1972:
National average: LIE
781.408
7,532
9.6
1,853
2.4
1,577
2.0
2,544
3.3
All class I
752.621
7,352
9.8
1,819
2.4
1,561
2.1
2,477
3.3
All class II
28.787
180
6.3
34
1.2
16
.6
67
2.3
1973:
National average
831.347
9,698
11.7
2,282
2.7
1,992
2.4
3,556
4.3
All class
804.575
9,497
11.8
2,235
2.8
1,966
2.4
3,464
4.3
All class II
26,772
201
7.5
47
1.8
26
1.0
92
3.4
1974 (January-September):
National average
630.270
7,868
12,5
1973 RATIO
All class I
611.639
7,704
12.6
All class II
18.631
164
8.8
1972 RATIO
TRAIN ACCIDENTS BY REGION
1971 RATIO
TOTAL TRAIN ACCIDENTS PER MILLION TRAIN MILES
COMMON BOUNDARIES
Percent
January-June
change,
PLE
Headquarters
1972
1973
1974
1973/1972
60
Carriers reporting fewer than 50
train accidents annually have been
Region 1, Boston
473
546
367
+15.4
+28.4
excluded.
Region 2, Philadephia
1,225
612
1,006
Region.3, Atlanta
1,357
1,582
802
+16.6
IHB
Region 4, Chicago
1,850
2,382
1,337
+28.8
50
841
1,295
606
KCS
Region 5, Fort Worth
+54.0
MKT
Region 6, Portland
479
416
212
-13.2
Region 7, San Francisco
288
363
148
+26.0
Region 8, Kansas City
989
1,502
814
+51.9
RI
Total
7,532
9,698
5,292
+28.8
40
EJE
WM
City
HBT
DTI
30
LV
CNW
to
to
no
based
I
20
RDG
CNJ
LN
BM
brie
soo
CO
GTW
MILW
ALL CLASS II ROADS
BO
to
ni
bottolq
slow
EL
SLSF
ICG
SCL
WP
SOU
BN
TP
10
MP
PC
ATSF
SP
NW
dn
-q8 for bluow to
ITR
wode
bluow
of
I
To
22
23
TOTAL TRAIN ACCIDENT RATES BASED ON MILLIONS OF TRAIN MILES, 1971-73
TOTAL TRAIN ACCIDENT RATES
BASED ON MILLIONS OF TRAIN MILES
1971
1972
1973
JANUARY - SEPTEMBER 1974
National average
9.3
9.6
11.7
Pittsburgh & Lake Erie
42.7
58.1
56.3
Indiana Harbor Belt
16.8
31.1
50.2
Kansas City Southern
27.5
31.3
47.6
Missouri-Kansas-Texas
30.4
32.1
46.9
Chicago, Rock Island & Pacific
22.4
26,5
42.9
Elgin, Joliet & Eastern
32.5
20.7
38.6
Western Maryland
20.9
17.2
34.1
Houston Belt & Terminal
24.0
18.3
32.5
Lehigh Valley
18.8
26.5
28.4
Chicago & North Western
24.7
21.9
26.9
Detroit, Toledo & Ironton
30.0
32.8
24.5
Louisville & Nashville
17.6
16.7
18.6
Reading
12.5
13.4
18.6
Boston & Maine
15.8
12,5
18.3
Soo Line
14.4
15.0
18.0
Chesapeake & Ohio
10.8
15.1
16.6
Central of New Jersey
18.2
19.9
16.4
Grand Trunk Western
12.9
16.0
16.2
Chicago, Milwaukee, St. Paul & Pacific
11.4
13.9
16.0
Baltimore & Ohio
8.9
11.5
15.4
Erie Lackawanna
9.2
11,5
14.4
St. Louis-San Francisco
12.4
11.9
14.2
Illinois Central Gulf
10.9
10.5
14.0
Seaboard Coast Line
10.7
11.9
13.2
Western Pacific
12.5
10.2
11.2
Southern
7.9
10.4
11.1
PLE
LLS
Burlington Northern
8.8
8.4
9.8
Missouri Pacific
7.0
6.3
6.8
Texas & Pacific
9.9
7.6
6.3
50
Penn Central
5.8
4.6
6.3
KCS
IHB
RI
Atchison, Topeka & Santa Fe
4.6
4.5
6.1
Southern Pacific
4.5
4.3
5.2
WM
Norfolk & Western
3.9
3.8
4.7
EJE
MKT
Union Pacific
5.4
5.1
4.5
All class II carriers
6.3
7.5
TOTAL TRAIN ACCIDENTS PER MILLION TRAIN MILES
40
Carriers reporting fewer than 50
HBT
train accidents annually have been
excluded.
LV
CNW
30
BM
MILW
CO
DTI
EL
BO
RDG
LN
20
SOO
CNJ
SLSF
ALL CLASS II ROADS
SCL
ICG
GTW
SOU
WP
BN
10
TP
PC
MP
NW
SP
UP
ATSF
24
25
Total train accident rates based on millions of train miles,
TOTAL TRAIN ACCIDENT RATES
January-September 1974
BASED ON BILLIONS OF GROSS TON-MILES
National average
1971 1973
12. 5
Pittsburgh & Lake Erie
51. 9
Kansas City Southern
46. 3
Indiana Harbor Belt
46. 1
Chicago, Rock Island & Pacific
45. 1
Western Maryland
42. 2
Elgin, Joliet & Eastern
41. 7
Missouri-Kansas-Texas
41. 0
Houston Belt & Terminal
35. 0
1973 RATIO
Lehigh Valley
32. 2
Chicago & North Western
31. 2
1972 RATIO
Boston & Maine
22. 5
1971 RATIO
Chicago, Milwaukee, St. Paul & Pacific
22. 5
Chesapeake & Ohio
21. 5
EJE
COMMON BOUNDARIES
Detroit, Toledo & Ironton
20. 8
70
Drie-Lackawanna
19. 8
Carriers reporting fewer than 50
Baltimore & Ohio
19. 5
train accidents annually have been
Reading
19. 5
excluded.
Louisville & Nashville
19. 4
Soo Line
17. 1
60
Central of New Jersey
15. 0
St. Louis-San Francisco
14. o
Seaboard Coast Line
13. 5
50
Illinois Central Gulf
11. 5
Grand Trunk Western
11. 1
Southern
11. 0
Western Pacific
10. 6
PLE
Burlington Northern
9.6
40
Texas & Pacific
7.9
Penn Central
7.8
TRAIN ACCIDENTS PER BILLION GROSS TON-MILES
CNJ
Missouri Pacific
7.3
Norfolk & Western
6.6
30
Southern Pacific
6.1
Union Pacific
5.2
4.5
RDG
Atchison, Topeka & Santa Fe
All class II roads
8. 8
20
DTI
CNW
RI
MKT
BM
WM
LV
GTW
10
KCS
N7
EL
MILW
SOO
CO
ICG
BO
SLSF
SCL
SOU
WP
BN
PC
TP
ATSF
MP
SP
MN
UP
26
27
TOTAL TRAIN ACCIDENT RATES BASED ON BILLIONS OF GROSS TON-MILES, 1971-73
TOTAL TRAIN ACCIDENT RATES
BASED ON BILLIONS OF GROSS TON-MILES
1971
1972
1973
JANUARY SEPTEMBER 1974
National average 1
3.8
3.6
4.4
Elgin, Joliet & Eastern
59.1
35.7
69.8
Pittsburgh & Lake Erie
37.1
41.1
39.0
Central of New Jersey
24.0
33.2
30.2
Reading
15.8
16.7
23.2
Chicago, Rock Island & Pacific
9.0
10.3
16.3
Missouri-Kansas-Te:
10.2
11.4
15.1
Detroit, Toledo & Ironton
16.9
18.1
14.8
Boston & Maine
12.6
9.9
13.8
Western Maryland
9.1
7.4
13.2
Chicago & North Western
12.7
18.1
12.3
Lehigh Valley
9.6
13.2
12.2
Grand Trunk Western
9.1
9.8
9.8
Kansas City Southern
5.8
6.3
9.4
Louisville & Nashville
6.5
6.1
6.9
Erie Lackawanna
4.3
5.3
6.7
Chicago, Milwaukee, St. Paul & Pacific
5.1
6.0
6.7
70
Soo Line
6.2
6.3
6.7
EJE
Chesapeake & Ohio
4.0
5.6
6.1
Illinois Central Gulf
4.8
5.0
5.5
Baltimore & Ohio
3.4
4.1
5.3
St. Louis-San Francisco
5.0
4.6
5.3
Seaboard Coast Line
4.0
4.4
4.8
60
Southern
3.0
3.5
38
Western Pacific
4.1
3.3
$6
Burlington Northern
3.6
3.2
3.5
Penn Central
3.3
2.1
28
Texas & Pacific
4.1
3.0
2.3
Atchison, Topeka & Santa Fe
1.6
1.6
2.1
50
Missouri Pacific
2.5
2.1
2.1
Southern Pacific
1.3
1.2
L2
Norfolk & Western
1.3
1.2
1.5
Union Pacific
1.6
1.4
1.4
40
1 For class I line-haul carriers.
TRAIN ACCIDENTS PER BILLION GROSS TON-MILES
PLE
Carriers reporting fewer than 30
CNJ
train accidents annually have
30
been excluded.
RDG
20
RI
BM
MKT
CNW
WM
LV
DTI
MILW
KCS
10
EL
LN
BO
GTW
$00
CO
SLSF
ICG
SCL
PC
WP
BN
TP
MP
SOU
NW
SP
ATSF
UP
Union Pacific
Atchison, Topeka & Santa Fe
Southern Pacific
Norfolk & Western
Southern
Missouri Pacific
Texas & Pacific
Burlington Northern
Western Pacific
Penn Central
Seaboard Coast Line
Illinois Central Gulf
St. Louis-San Francisco
Chesapeake & Ohio
Soo Line
Grand Trunk Western
Baltimore & Ohio
Louisville & Nashville
Erie Lackawanna
Kansas City Southern
Chicago, Milwaukee, St. Paul & Pacific
Detroit, Toledo & Ironton
Lehigh Valley
Western Maryland
Chicago & North Western
Missouri-Kansas-Texas
Boston & Maine
Reading
Chicago, Rock Island & Pacific
Central of New Jersey
Pittsburgh & Lake Erie
Elgin, Joliet & Eastern
January-September 1974
Total train accident rates based on billions of gross ton-miles,
28
1. 4
1.6 1. 6
1. 1.7 7
1. 1.9 9
2. 3
2. 3
2 7
3. 3
3. 5
3. 8
4. 8
4. 8
5. 2
5.4 5. 4
6. 6.2 2
6.3 6. 3
6. 6.3 3
7. 3
9. 1
9. 5
9. 8
12. 1
12. 7
14. 1
14. 1
15. 4
16. 3
18. 3
23. 3
29. 0
6 EE
68. 1
APPENDIX IV
AMTRAK ACCIDENTS
AMTRAK PASSENGER TRAIN ACCIDENTS
Railroad
Date
Place
Type accident
Damages
Killed
Injured Cause
1. IC (NTSB)
June 10, 1971
Salem,
III
Derailment
$619, 000
11
163 Displacement of rail by false flange of locomotive
wheel.
2. PC
Sept. 21, 1971
Newcomerstown, Ohio
Collision
1, 500
0
2
Shifted lading on freight train moving on adjacent
track striking locomotive of Amtrak train.
3. SCL
Dec. 23, 1971
Cross Bayou, Fla
Derailment
808,305
0
22
Malicious opening of switch and failure of enginemen
to maintain a proper lookout ahead.
4. BN
Jan. 28, 1972
Cut Bank, Mont
do
225,845
0
27
Train striking frozen snowdrift.
5. BN
Feb. 23, 1972
South Seattle, Wash
do
35,565
0
56
Trackman opening cross-over switch in front of a
approaching train.
6. IC
May 30, 1972
Chicago, III
do
116,000
0
36 Dragging equipment (steam connector).
7. BN
Dec.
4,
1972
Inland, Nebr
do
237,617
0
73
Broken rail.
8. BN
Sept. 20, 1972
Arlington, III
Rail/highway collision
8,043
2
1
Failure of truck driver to stop short of crossing.
(29)
9. BN
Dec. 9, 1972
Wabaska, Minn
Derailment
13,600
0
0
Broken rail.
10. ICG
do
Hayes, III
do
(1)
0
32
Unknown object struck rail shattering same.
11. SCI
Dec. 13, 1972
Grandy, Va
do
33,131
0
14
Excessive pressure on high rail of 4° curve. Inadequate
track maintenance.
12. ICG
Dec. 30, 1972
Champaign, III
do
18,900
0
16
Broken steam conduit.
13. CV
Jan.
5,
1973
Brain Tree, Vt
do
184,000
0
4
Malicious tampering of switch.
14. PC
Mar. 14, 1973
Cheverly, Md
Rear end collision
146,200
0
13
Failure of the crew members to operate the work
train in accordance with restricted signal indi-
cations.
15. ATSF
Mar. 16, 1973
Newton, Kans
Derailment
(²)
0
0
Broken angle bars.
16. PC
Mar. 18, 1973
East Palestine, Ohio
do
383,500
1
49
Failure of the crew members to inspect the track
after the preceding train had separated and "run-
in which resulted in track out of alignment.
17. ICG
July 12, 1973
Chebanse, III
do
112,000
0
72 Inadequately maintained spring frog.
18. ICG
Aug. 21, 1973
Leverett Junction, III
do
44,500
0
3 Thin flange on locomotive wheel.
19. UP
Sept. 20, 1973
Gilcrest, Colo
Rail/highway collision
41,900
0
0 Crossing.
20. BN
Oct.
4,
1973
Earlville, III
Derailment
33,523
0
25 Inadequate track maintenance.
21. ICG
Oct. 19, 1973
Odell, III
Rail/highway collision
3,000
2
0 Crossing.
22. ICG
Nov. 17, 1973
Memphis, Tenn
Derailment
750
0
1 Low track joint.
23. SP
Dec. 28, 1973
Anderson, Calif
do
220,615
0
22 Broken rail.
24. ATSF
Jan.
1,
1974
Deerfield, Kans
do
8, 925
0
0 Broken wheel.
25. PC
Jan.
2,
1974
New York, N.Y
Side collision
2,575
0
5 Failure of the engineer of the light locomotive unit to
stop at a stop signal.
See footnotes at end of table.
AMTRAK PASSENGER TRAIN ACCIDENTS-Continued
Railroad
Date
Place
Type accident
Damages
Killed
Injured
Cause
26. SP
Jan.
4,
1974
Newark, Calif
Rail/bighway collision
55,200
0
3 Crossing.
27. ICG
Jan. 11, 1974
Lenox, III
Derailment
31,350
0
3
Snow and ice accumulation on track structure.
28. PC
Jan. 13, 1974
West Mansfield, Mass
do
(3)
0
0
Broken wheel.
29. ATSF
Jan.
1,
1974
Ardmore, Okla
do
(3)
0
25 Wide gage of track.
30. BN
Feb. 12, 1974
Stratton, Nebr
do
67,000
0
19 Broken wheel.
31. S.P
Mar.
6,
1974
Shedd, Oreg
Bail/highway collision
92,700
1
6 Crossing.
32. SP
Mar. 11, 1974
Dayton, Tex
Derailment
(8)
0
3 Rock and roll.
33. ICG
Mar. 14, 1974
South Bloomington, III
do
18,000
0
0 Locomotive wheels out of gage.
34. PC
Mar. 26, 1974
Van Wert, Ohio
do
913
0
0 Broken rail.
35. PC
Apr. 30, 1974
Winamac, Ind
do
34,000
0
25 Welded rail joint.
36. PC
May 10, 1974
Seymour, Ind
do
232,500
0
12 Steam connector lodged in heel block.
37. PC
June 17, 1974
Greenwood, Ind
do
148,500
0
3 Broken rail.
30
38. SFE
July
5,
1974
Melvern, Kans
do
817,000
0
38
Do.
39. L&N
July
16,
1974
Fallsville, Ala
do
1, 300
0
0
Buckled track.
40. SCI
Aug.
12,
1974
Wake Forest, N.C
do
305,000
0
15 Broken rail.
41. UP
Aug.
15,
1974
Ogden, Utah
do
40,000
0
2
Switch failure.
42. SP
Aug.
27,
1974
Oregon City, Oreg
do
9,200
0
0 Generator pulled loose.
43. ICG
Sept. 16, 1974
Galena, IH
Collision
100,000
0
0 Passed stop signal.
44. SP
Sept. 21, 1974
Redding, Calif
Derailment
150,000
0
15 Vandalism.
45. SCL
Oct. 12, 1974
Thomasville, Ga
Rear end collision
60,000
0
8 Rear end collision.
46. MILW
Nov. 26, 1974
St. Paul, Minn
Derailment
18,000
0
0 Switch failure.
47. sel
Nov. 29, 1974
Jacksonville, Fla
Sideswipe
17,000
0
1 Passed stop signal.
48. PC
Dec. 5, 1974
Baltimore, Md
Derailment
50,000
0
0 Wide gage.
49. PC
Dec. 28, 1974
Thompsontown, Pa
do
181,500
0
40 Split rail.
1 No estimate.
3 Unknown.
2 Undetermined.
1974
1973
1972
1971
Miscellaneous
Vandalism
Employees (Amtrak and railroad)
Equipment
Track
Total
Year
Probable cause
claims. Cost only includes damage sustained by Amtrak equipment at the time of the accident.
1 Does not include cost of track repair, cost of clearing wreck, cost of rerouting trains, cost of equipment replacement, or
2, 633, 849
1, 596, 113
753, 388
$284, 348
Track
361, 340
S/S 179,
146,200 146, 200
$35, $35,565 565
Employees
1, 133, 525
335, 125
44,500 44, 500
134,900 134, 900
000 '619$
Equipment
[Summary of damage costs by probable cause of accident]
AMTRAK ACCIDENTS: 1971-74
(8 mos.) 1971
[Summary by selected cause]
AMTRAK ACCIDENTS: 1971-74
31
-
2
0
1
1
1, 142, 305
150,000 150, 000
184, 184,000 000
$808, 305
Vandals
0
23
1972
0
1
258, 695
31, 350
225, 845
$1,500 $1, 500
Miscellaneous
1973
0
0
-
0
4
5, 529, 714
1,2, 292, 163
880 128,
899 '089
$1, 428, 805
Total
I
-
5
10
1974
4
Calendar No. 131
94TH CONGRESS
1st Session
}
{
REPORT
SENATE
No. 94-136
FEDERAL RAILROAD SAFETY
AUTHORIZATION ACT
OF 1975
REPORT
OF THE
SENATE COMMITTEE ON COMMERCE
ON
S. 1462
MAY 14 (legislative day, APRIL 21), 1975.-Ordered to be printed.
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1975
Calendar No. 131
94TH CONGRESS
}
SENATE
REPORT
1st Session
No. 94-136
FEDERAL RAILROAD AUTHORIZATION ACT OF 1975
MAY 14 (legislative day, APRIL 21), 1975.-Ordered to be printed
Mr. HARTKE, from the Committee on Commerce
submitted the following
REPORT
[To accompany S. 1462]
The Committee on Commerce to which was referred the bill (S.
1462) to amend the Federal Railroad Safety Act of 1970 and the
Hazardous Materials Transportation Act to authorize additional ap-
propriations, and for other purposes, having considered the same,
reports favorably thereon without amendment, and recommends that
the bill do pass.
DESCRIPTION
This bill provides an authorization of appropriations for fiscal year
1976 and the fiscal year transition period from July 1, 1976 through
September 30, 1976, to carry out the purposes of the Federal Railroad
Safety Act of 1970 (45 U.S.C. 441 et seq.) and the Hazardous Mate-
rials Transportation Act (49 U.S.C. 1812 et seq.).
The Federal Railroad Safety Act of 1970 forms the basis of the
Federal Government's program to ensure the safety of the Nation's
railroads. The Act mandates the Secretary of Transportation to "(1)
prescribe, as necessary, appropriate rules, regulations, orders, and
standards for all areas of railroad safety supplementing provisions of
law and regulations in effect on October 16, 1970 and (2) conduct, as
necessary, research, development, testing, evaluation and training for
all areas of railroad safety." (Section 202(a)). The Act further pro-
vides the States with the opportunity to assume responsibility for
enforcing Federal rail safety standards. States assuming such respon-
sibilities are entitled to Federal grants-in-aid.
The bill authorizes the appropriation of sums not to exceed $35 mil-
lion for the fiscal year ending June 30, 1976 and $9 million for the
fiscal year transition period from July 1, 1976 through September 30,
38-010
2
3
1976 for the purposes of implementing this Act. Such amounts ap-
death for railroad employees in other types of accidents was even more
propriated under this authorization shall be available for expenditure
devastating 140 were killed and 15,641 were injured. This injury rate
as follows: First, not more than $18 million in fiscal year 1976 and
is 19.4 percent higher than in the previous year. Clearly, the time has
$4.5 million in the fiscal year transition period may be spent for the
come for a reinvigorated effort by the Federal Railroad Administra-
Office of Safety of the Department of Transportation, including sal-
tion.
aries and expenses for up to 500 safety inspectors and up to 110 clerical
The Railway Labor Executives Association, in its testimony before
personnel. Second, not more than $3.5 million in fiscal year 1976 and
the Committee, pointed out that there were only 75 inspectors desig-
$900,000 in fiscal year transition period may be spent to implement sec-
nated as being responsible for inspecting the Nation's fleet of 1.8
tion 206 (d) of the Act which provides for grants-in-aid to States
million freight cars and 30,000 locomotives. The results from safety
which are certified or with which an agreement has been entered into
inspections showed that more attention ought to be given to this area.
for enforcement of the Federal standards. Third, not more than $3.5
Of the locomotives inspected in 1974, 14.8 percent had defects-the
million in fiscal year 1976 and $900,000 in fiscal year transition period
highest percentage found defective in over 29 years. Similarly, of the
may be spent by the Federal Railroad Administration for salaries and
freight cars and passenger cars inspected in 1974, 12.5 percent were
expenses not otherwise provided for. Fourth, not more than $10 mil-
found defective. This was the highest percentage in more than 17
lion in fiscal year 1976 and $2.7 million in fiscal year transition period
years. What is disturbing to the Committee, however, is that it ap-
may be spent for conducting research and development activities pur-
pears as though the number of cars and locomotives inspected was
suant to the requirements of the Act. Finally, the bill provides that the
drastically reduced. In 1973, 406,336 inspections of cars and locomo-
amounts obligated and expended for research and development in
tives were made. In 1974, that number was the lowest ever-276,794.
fiscal year 1976 and in the fiscal year transition period shall not exceed
The number of locomotives inspected during this time also decreased
the aggregate of the amounts expended for rail inspection and for the
from the 73,111 level in 1973 to only 34,890 during 1974.
investigation and enforcement of rail safety rules, regulations, orders
It is for these reasons that S. 1462 would provide for funds to sup-
and standards under the Act.
port up to 500 safety inspectors. The Federal Railroad Administra-
The Hazardous Materials Transportation Act was enacted into law
tion had 317 such inspectors as of April 1, 1975 (although 369 had
during the second session of the 93d Congress. Under that Act, the
been authorized by Congress). It is the Committee's belief that unless
Secretary of Transportation is mandated to promulgate and enforce
the Federal Railroad Administration's safety regulations are vigor-
Federal hazardous materials transportation regulations for each of the
ously enforced by Federal and State inspectors, the trend toward
modal administrations. The bill authorizes the appropriation of not
greater casualty and death on the Nation's rails will continue its
to exceed $7 million for fiscal year 1976 and $2 million for the fiscal
spiraling trend. This increased inspection activity by Federal and
year transition period from July 1, 1976 through September 30, 1976.
State inspectors should include inspections of the railroads' inspection-
repair programs, as recommended in the April 11, 1975, General Ac-
BACKGROUND AND NEED
counting Office report to the Secretary of Transportation.
Of extreme disappointment to the Committee is the slow progress
When Congress enacted the Federal Railroad Safety Act of 1970, it
being made in implementing section 206 of the Federal Railroad
did SO in response to the mounting toll of economic loss, injury, and
Safety Act. When Congress enacted the 1970 Act, it fully intended
death due to rail accidents. It was hoped that this comprehensive
this to be a joint Federal-State program. Section 206 provides that a
scheme of Federal regulation coupled with Federal-State enforcement
State may "participate in carrying out investigative and surveillance
activities, would halt this trend. The deteriorating economic condition
activities in connection with any rule, regulation, order or standard
of the railroads resulting in deferred maintenance was posing a safety
prescribed by the Secretary under this Act." Each year, Congress has
menace to railroad employees, rail passengers, and owners of property
provided adequate funds for the Secretary to implement this section.
being transported on the railroads.
However, to date, only six States-Iowa, Missouri, Nebraska, Oregon,
Each year for the past 5 years, the Surface Transportation Sub-
Pennsylvania, and Washington-have been certified to participate in
committee has held oversight hearings on the implementation of the
this program. Only an additional two States-Illinois and Vermont-
Railroad Safety Act of 1970. Each year as the Committee anticipates
have entered into agreements with the Federal Government to par-
these hearings, it is hoped that the trend of our deteriorating safety
ticipate under the section 206 program. Thus, only eight States are
record has been reversed. And each year, the Committee has been
actively involved in the rail safety program. This should be contrasted
disappointed and this year has been no exception.
with the 48 States which are participating in the gas pipeline safety
In 1975 there were 10,419 train accidents, an increase of 7.4 percent
program under the Natural Gas Pipeline Safety Act.
over the previous year. Of that number, over 40 percent (4,239) were
S. 1462 would provide up to $3.5 million to implement the State
due to track failures-a staggering 19.2 percent higher than the pre-
program. Without adequate participation by the States, it is doubtful
vious year. While the rate of increase in train accidents was lower
that we can achieve a meaningful level of enforcement of the Federal
in 1974 then in the previous year by 1.1 percent, the toll of railroad
safety standards. To the extent that a State is not qualified to be
accident carnage leaves little to be proud of. In 1974, 140 were killed
certified as a participating State under section 206, the Federal Gov-
and 912 were injured in train accidents. And, the level of injury and
ernment should be providing training and technical assistance to those
S.R. 136
S.R. 136
4
5
States who have something to contribute. In the meantime, the FRA
materials regulatory program was enacted at the request of the Admin-
should enter into agreements with those States pursuant to section
istration.
206 (c), to utilize those resources which the non-certified States may
On January 16, 1975. the Department announced in the Federal
be able to contribute to the rail safety effort.
Register that it was continuing certain delegations of authority which
Finally, under FRA regulations, the States are now eligible to
existed prior to the enactment of the Hazardous Materials Transporta-
assist only in the enforcement of the Federal track standards. The
tion Act. In a letter to the Committee dated March 5, 1975, Acting
FRA should move expeditiously to provide procedures for participa-
Secretary John W. Barnum indicated that permanent delegations of
tion by the States in the enforcement of all of the Federal rail safety
authority under the new Act were presently being processed. Over 4
regulations.
months have passed since the passage of the Hazardous Materials
It is equally important that FRA continue a research and develop-
Transportation Act. The authorization of appropriations contained in
ment program which is designed to support future rulemaking activi-
S. 1462 is modest given the dimension of the hazardous materials pro-
ties and develop new technology in the area of railroad safety. One
gram. The Committee would have preferred by this time, to have
of the highest priorities should be the perfection of high speed in-
authorized funds greater than in the original act to enable the Depart-
spection equipment for track geometry and conditions. Such an effort
ment to implement this very important program. It is hoped that the
would aid in the vigorous enforcement of the Federal safety regula-
Secretary of Transportation will make it his highest priority to orga-
tions. In its testimony before the Committee, the FRA indicated that
nize his Department to handle the new responsibilities contained in
it planned to spend $5.2 million in fiscal year 1976 for railroad safety
the Hazardous Materials Transportation Act of 1974.
research and development. The limitation in S. 1462 that inspection
funds not exceed research funds should not inhibit the research pro-
COSTS
gram of the Federal Railroad Administration.
Finally, on April 3, 1975, Acting Administrator Asaph Hall an-
In accordance with section 292 (a) of the Legislative Reorganization
nounced a reorganization of the FRA which he said was designed to
Act of 1970 (Public Law 91-510), the Committee estimates that the
facilitate the meeting by FRA of its increased responsibilities, par-
costs associated with S. 1462 will not exceed $42 million for the fiscal
ticularly in the area of rail transportation assistance. Under the new
year ending June 30. 1976 and $11 million for the fiscal year transition
plan, the eight regional offices whose major, if not sole, responsibility
period from July 1, 1976 through September 30, 1976.
is to implement the safety program, will be reporting directly to the
Administrator, thus bypassing completely the Associate Adminis-
CHANGES IN EXISTING LAW
trator for Safety. While the ramifications of this reorganization are
not entirely clear, it may suggest that in fulfilling its dual role of
In compliance with subsection (4) of rule XXIX of the Standing
promoting the financial health and regulating the safety of the
Rules of the Senate, changes in existing law made by the bill as re-
Nation's railroads, that the latter program may be sacrificed. Some
ported are shown as follows (existing law proposed to be omitted is
have argued that railroad economics and railroad safety are
enclosed in black brackets, new matter is printed in italic, existing law
incompatible.
in which no change is proposed is shown in roman)
It should be made clear, however, that the Committee will watch
closely to ensure that the safety program is not sacrificed. Railroad
SECTION 212 OF THE FEDERAL RAILROAD SAFETY ACT OF 1970
safety makes good economics. A case in point was presented by the
(45 U.S.C. 441 et seq.)
National Transportation Safety Board in its testimony before the
[212 (a) There are authorized to be appropriated to carry out the
Committee. The Board pointed out that the property damage alone in
provisions of this Act not to exceed $35,000,000 for the fiscal year
three tank car accidents exceeded $39,254,000. In those accidents, there
were eight fatalities, and 814 injuries, of which about 100 were serious.
ending June 30, 1975.
(b) Subject to the provisions of subsection (c), amounts, appro-
The FRA subsequently published regulations effective July 23, 1974
priated under subsection (a) of this section shall be available for
requiring head shields on all new DOT 112A and 114A tank cars. The
regulation further required the industry to retrofit those tank cars now
expenditure as follows:
(1) Not to exceed $18,000,000 for the Office of Safety, includ-
in service with head shields by 1977. The cost of this safety device will
ing salaries and expenses for up to 350 safety inspectors and up to
be about $6.3 million. Thus, the dollar loss in the three accidents was
80 clerical personnel.
six times the cost of the proposed correction. Clearly, the railroad
(2) Not to exceed $3,500,000 to carry out the provisions of
safety program is cost beneficial and must be vigorously pursued.
section 206 (d) of this Act.
Title I of Public Law 93-633, the Hazardous Materials Transporta-
(3) Not to exceed $3,500,000 for the Federal Railroad Admin-
tion Act. reorganized the hazardous materials program of the Federal
istration, for salaries and expenses not otherwise provided for.
Government. It centralized in the Secretary of Transportation the
(4) Not to exceed $10,000.000 for conducting research and
authority for the development, promulgation and enforcement of haz-
development activities under this Act.
ardous materials regulations. The reorganization of the hazardous
(c) The aggregate of amounts obligated and expended in fiscal
year 1975 for conducting research and development activities under
S.R. 136
S.R. 136
6
this Act shall not exceed the aggregate of amounts expended in such
fiscal year for the investigation and enforcement of railroad safety
rules, regulations, orders, and standards prescribed or in effect under
this Act.
SEC. 212. AUTHORIZATION FOR APPROPRIATIONS.
(a) There are authorized to be appropriated to carry out the pro-
visions of this title not to exceed $35,000,000 for the fiscal year ending
June 30, 1976 and $9,000,000 for the fiscal year transition period from
July 1, 1976 through September 30, 1976.
(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) Not to exceed $18,000,000 for the fiscal year ending June 30,
1976 and $4,500,000 for such fiscal year transition period for the
Office of Safety, including salaries and expenses for up to five
hundred safety inspectors and up to one hundred and ten clerical
personnel.
(2) Not to exceed $3,500,000 for the fiscal year ending June 30,
1976 and $900,000 for such fiscal year transition period to carry
out the provisions of section 206 (d) of this title.
(3) Not to exceed $3,500,000 for the fiscal year ending June 30,
1976 and $900,000 for such fiscal transition period for the Federal
Railroad Administration, for salaries and expenses not otherwise
provided for.
(4) Not to exceed $10,000,000 for the fiscal year ending June 30,
1976 and $2,700,000 for such fiscal year tranisition period for
conducting research and development activities under this title.
(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 such fiscal year transition period, shall not exceed
the aggregate of the amounts expended for rail inspection and for the
investigation and enforcement of railroad safety rules, regulations,
orders, and standards under this title in the same fiscal year.
SEC. 115 OF THE HAZARDOUS MATERIALS TRANSPORTATION ACT
(49 U.S.C. 1812 et seq.)
[AUTHORIZATION FOR APPROPRIATIONS
[SEC. 115. There is authorized to be appropriated for the purposes
of this title, not to exceed $7,000,000 for the fiscal year ending June 30,
1975.]
AUTHORIZATION FOR APPROPRIATIONS
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 end-
ing June 30, 1976 and $2,000,000 for the fiscal year transition period
from July 1, 1976 through September 30, 1976.
AGENCY COMMENTS
S.R. 136
CORRECTED SHEET
S. 1462
Ainety-fourth Congress of the United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday, the fourteenth day of January,
one thousand nine hundred and seventy-five
An Act
To amend the Federal Railroad Safety Act of 1970 and the Hazardous Materials
Transportation Act to authorize additional appropriations, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Federal Railroad Safety Authorization Act of 1975".
SEC. 2. Section 211 (c) of the Federal Railroad Safety Act of 1970
(45 U.S.C. 440(c)), relating to a comprehensive railroad safety
report, is amended-
(1) by striking out "and" at the end of paragraph (9) and
(2) by redesignating paragraph (10) as paragraph (11), and
by inserting immediately after paragraph (9) the following new
paragraph:
(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 appli-
cable to the transportation of radioactive materials by railroad
during each such fiscal year; and".
SEC. 3. Section 212 of the Federal Railroad Safety Act of 1970 (45
U.S.C. 441) is amended to read as follows:
"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, 1976; 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.
S. 1462-2
"(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. 4. Section 115 of the Hazardous Materials Transportation Act
(49 U.S.C. 1812) is amended to read as follows:
"AUTHORIZATION FOR APPROPRIATIONS
"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.".
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
THE WHITE HOUSE
WASHINGTON
July 10, 1975
Dear Mr. Director:
The following bills were received at the White
House on July 10th:
S.J. Res. 100
S. 1462
H.R. 7405
Please let the President have reports and
recommendations as to the approval of these
bills as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D. C.