-

of any

to adopt standards for intermodal portable tanks that are significantly less strong that those now in force in the railroad industry; even more alarming is the DOT policy, despite the objections of AAR and others in the industry, of granting special permits for the transportation of dangerous goods in intermodal container tanks prior to the adoption under the correct administrative rulemaking procedure standard for these instruments of transportation at all. The rail industry's standard for intermodal tanks in container-on-flat-car service was adopted with corrections designed into what became the standard proposed by MTB. While the precise details of the railroad's objections are on file with MTB, they can be highlighted in two areas: first, rigidity and crush resistance are significantly less under the MTB proposal than under the AAR Standard; second, nowhere in the AAR Standard are non-reclosing safety vents permitted. (The effect of allowing them is to invite massive product leaks if the portable tanks ever turn over.) Representatives of MTB

have argued that the balance of payments on overseas chemical traffic is so favorable to this country that the shippers should not be discouraged by requiring tanks to meet the admittedly more expensive AAR standard. Very recently, it came to the attention of the Bureau of Explosives that about 95 percent of the exemptions granted for intermodal tank traffic have been granted to foreign shippers!

The railroad industry has demonstrated a remarkable ability to bring about a safety record that rightfully inspires pride and it has even more importantly demonstrated an ability to keep improving on that record no matter how good it gets. As long as dangerous chemicals are vital to America's economy and as long as the railroads provide the most economic and safest way to move them on the surface, there will be a hazardous materials concern. The members of the Association of American Railroads believe that now is the appropriate time for that concern to mature from a crisis atmosphere to one of recognition of the worth of what has been, is being and will be done by the shippers and carriers of these materials. Conclusion

I would like to end my presentation as I began it, by stating that railroading is a safe industry.

which can be improved, and we are working to

There are areas

improve them. But

we are not looking at a problem which can be addressed in a

sweeping general way by new laws or new rules.

Rather, it is a

matter of addressing specifically each of the disparate causes

of rail accidents and applying to them the appropriate specially-tailored remedy.

APPENDIX A

SAFETY STATISTICS

All railroads are required to report certain classes of accidents and employee casualties to the Federal Railroad

Administration.

The Research and Test Department of the AAR maintains continuing surveillance of these data and conducts analysis of them so as to identify and rank the comparative importance of the causes of accidents, injuries, and fatalities.

An

The FRA categorizes accidents into three groupings for reporting purposes: train accidents, train incidents, and non-train incidents. Train incidents refer to occurrences in which there was relatively little financial loss but which resulted in death or injury. Non-train incidents relate to injuries or deaths not involved in the movement of trains. accident is classified a train accident if it involves at least $2,900 damage to railroad property whether or not it involved any injuries. In January 1975 the FRA reporting requirements for both train accidents and incidents were significantly changed making most of the earlier data not comparable to 1975 through 1978 data.

Figures 1 and 2 show the percentage of fatalities and injuries by type of accident for 1978. Also shown are fatalities and injuries to employees.

(In these figures, train

incidents and non-train incidents have been combined into the category, incidents). Grade crossing accidents accounted for the largest percentage of railroad-related fatalities, 61

A-1