We have not included the Hours of Service Act among those statutes to be replaced by the general authority proposed in the present bill. Our decision here was predicated in part upon the advice which the Interstate Commerce Commission furnished this committee to the effect that it was unable to establish any direct relationship between railroad accidents and the hours of service limitation. When and if we can show that the present hours of service limitation plays some significant part in railroad accident experience, we will then recommend appropriate changes in the law to the Congress. PUTTING THE NEW AUTHORITY TO WORK It should also be clearly understood here that the statutory language which we are proposing would not in itself create any specific regulations. Those regulations currently in force would be continued on an interim basis. We would develop any new or changed regulations only in accordance with the rulemaking processes which are provided for under the Administrative Procedure Act. Thus, no new regulations would go into effect until all interested parties were given an opportunity to participate in their development. The enactment of this legislation will require the prompt initiation of rulemaking in three major areas. First and foremost, we would move to review the interim regulations and reissue regulations to replace them. This would insure that there was no lapse in our accident reporting procedures or in our locomotive, safety appliances, and signals and train control inspection programs. Our second important job would be to reveiw any areas of State regulation which were preempted by this legislation and to develop and put into effect Federal regulations in their stead. Our current thinking is that this would require immediate consideration of standards for track inspection procedures and the operation of track motor cars. Our third job, and one which would predictably extend over a period of years, would be to explore those areas wherein no regulation, either State or Federal, now exists and to initiate rulemaking in all such areas significant from a safety standpoint. Our current thinking here is that we would first turn our attention to safety standards in the design of passenger-carrying equipment; next, to inspection and maintenance procedures for freight car wheels and running gear; and, finally, to train operating rules and practices. We are unable at this point to determine what our total staff requirements for this work will be. Neither can we predict closely the level of Federal support required by the State programs authorized by this legislation. For this reason we did not include in our bill any specific dollar limits on appropriations. Our bill is at variance in this respect with the committee bill, and we would recommend that section 14 of our bill replace section 14 in the committee bill. In all of this, it should be understood that the main thrust of this bill is the safety of railroad employees and the public in the operation of the railroads, employees and the public in the operation of the railroads, not employee health per se or what might more generally be thought of as industrial safety. These latter areas fall more logically within the expertise of other State and Federal agencies. As you know, there is pending before the Select Subcommittee on Labor of the House of Representatives H.R. 14816, which has as its purpose the extension of Federal authority in the employee health and industrial safety areas. Our bill has a different focus. CLOSING COMMENT In proposing this new legislation to the Congress, Secretary Boyd has pointed out that *** the Department does not suggest that the railroad industry is insensitive to its responsibility for safe operations. As with other transportation modes, however, cost and competitive pressures can frequently work at cross-purposes to safety. The cost of greater safety will be borne reluctantly unless it is a burden which falls evenly on each member of the industry. Uniform Federal regulation is the only way the industry can be assured of this. Those of us who have been associated with the rail industry need not be reminded of the hazards in railroad operations. We can all remember the fellow workers who lost their lives on the job. While we can argue endlessly about rail safety statistics, a simple truth stands out from them: Moving railroad equipment is dangerous. There is much more to be accomplished in rail safety. The record has not improved. The railroad industry has yet to come completely to grips with its safety problem. At the same time, we are aware of the possible adverse impact which carelessly drawn or enforced safety regulations can have upon our common carrier railroad industry. We are aware that the railroadswhich are the backbone of our freight transportation system-have suffered from a record of unstable earnings and have not shared significantly in the recent growth of the economy. This has undoubtedly had its impact on railroad safety. So we are aware that even as we propose this step forward in the safety of railroad operations, we at the Department of Transportation have a long job ahead of us in finding and recommending to the Congress ways in which to assure that the railroad industry will be able to remain financially viable and thus be able to realize its full potential for service to the public. We are not proposing a punitive program of railroad safety regulation. Our intention, rather, is to build a system of regulations and a program of enforcement-a program which will include very importantly the assistance of a maximum number of State governments that can improve the overall efficiency of our railroad system as it improves its safety performance. Our role here is more that of an "outside auditor" working in cooperation with the railroad industry than that of a policeman engaged in the mere pursuit of wrongdoers. We think, moreover, that the record of accomplishment in those areas wherein we already regulate the safety of operations speaks for itself. Mr. Chairman, that completes my statement on this legislation. With your permission, I should like to ask that the statistical attachments to this statement be made part of the record. I shall, of course, be most happy to answer any questions which you or the members of your committee may have. The CHAIRMAN. The charts and statistical attachments will be made. a part of the record. (The documents referred to are as follows:) |