Commission, there were 89 percent fewer derailments than during the 1975 to 1979 period when the Federal Government held the majority of that responsibility. The percentage of increase in derailments for the 1975-1979 period would have been significantly larger had it not been for a comprehensive inspection of all tracks in the State of Tennessee, exemplified by the over 5000 safety violations cited by the Commission in 1978.

According to our statistics, there was a 34 percent decrease in derailments in 1979, resulting to a large extent from the attention focused on specific safety problems by our inspection and report. We feel this decrease in derailments following the comprehensive study by the Commission in 1978 is a clear indication that the enforcement of rail safety regulations at the state level can be much more successful than the present federal program in reducing the number of rail accidents which occurred in Tennessee. If we were able to reduce the number of accidents by 34 percent by inspecting the tracks and pointing out safety violations, just think how much more we could accomplish if we once again had the authority to ensure that all violations were corrected. Unfortunately, five years of the Federal Railroad Safety Program have allowed the tracks in Tennessee to deteriorate to the point that the safety of our citizens is in serious jeopardy. We now are experiencing derailments almost daily and every derailment is a potential disaster.

The conclusion that we have reached, one which is supported by our congressional delegation, is that the Federal Railroad Safety Program is simply not working in Tennessee. We believe that it is time for Congress to return to the states more substantial responsibility for the enforcement of Federal Safety Regulations. Other states have obviously had similar safety problems since the Federal Railroad Safety Act was implemented, as this position is supported by the Southeastern Association of Railroad Utilities Commissions, NARUC, and Conference of State Transportation Specialists, all of which unanimously adopted resolutions favoring the proposed amendment at their most recent meetings.

The bill I am speaking in support of today S. 934, would enable state regulatory agencies to assess civil penalties and enjoin safety violations without waiting ninety days for the Department of Transportation to take some action. The one thing we are concerned about both at the state and federal level is the safety of the lives and property of citizens.

As a member of the Tennessee General Assembly for eight years, I learned that compromise is part of the legislative process. But I don't think we can compromise on the question of safety. I feel it is imperative that the states have the authority to seek injunctive relief in federal court in situations where a safety violation poses a threat to the safety of our citizens without having to wait 90 days for the FRA to act under present law.

That concludes my summarization, Mr. Chairman. I would be delighted to answer any questions that you might have.

Senator PRESSLER. You have included a chart showing the states which are participating in state safety programs. What impact is there on the effectiveness of state programs if the state has full

certification or an agreement? Are there any exemplary state programs? Have any states dropped out of the program?

Perhaps to answer fully, you will submit something for the record.

Ms. SOMERS. Yes, I would appreciate that opportunity. I don't have the statistics with me.

[The following information was subsequently received for the record:]

The three levels of State participation available under the program (full certification, certification, and agreement) represent the degree of State involvement. Fully certified States have the maximum number of inspectors as allocated by the regulations (the allocation levels established in the regulations are determined by track mileage in a State). These inspectors are responsible for routine inspections without help from FRA, although the FRA is not precluded or prevented from stepping in. At the other end of the range, the States participating under agreement either are just starting out, don't have a qualified inspector, or don't want full involvement. In such situations the FRA in theory provides a federal presence to supplement the level of inspection. Of course the supplementation is dependent upon FRA's own manpower resources. The certified States are in the developing stage and are expressing an intent to be fully certified within three years.

Oregon, Washington, Alabama, Illinois and Pennsylvania are exemplary State programs and as far as we are aware, no States have dropped out of the program. Senator PRESSLER. Good. To what extent are the States involved in monitoring of hazardous materials transportation? Is their authority adequate?

Ms. SOMERS. I would also like to submit that for the record. Senator PRESSLER. You are welcome to do that.

[The following information was subsequently received for the record:]

We do not have the information concerning State involvement in monitoring the transportation of hazardous materials, however, the information can be supplied by FRA's Office of Hazardous Materials Safety, Division Chief William F. Black.

Concerning the adequacy of State authority over the hazardous materials transportation, we believe it would strengthened if the States were authorized to participate in investigative activities in connection with all Federal rail safety laws and regulations, which would include the Hazardous Materials Transportation Act.

To accomplish the inclusion of the Hazardous Materials Transportation Act under State enforcement, NARUC supports the following amendment to be added to the end of Section 206 of the Federal Railroad Safety Act of 1970 as a new subsection: "(g) Notwithstanding any other provision of this title or any other law, a State agency may also participate, in the manner set forth in this section, in carrying out investigative and surveillance activities in connection with railroad safety laws and regulations in effect on the date of enactment of this title or enacted or adopted after such date."

Senator PRESSLER. Those are the questions I have. I want to thank you very much for your help in being here. We look forward to hearing more from you.

I believe that is our last witness. We want to thank you and thank the witnesses who have been here this morning.

[The statement follows:]

STATEMENT OF THE NATIONAL ASSOCIATION OF REGULATORY UTILITY

COMMISSIONERS

Mr. Chairman and members of the subcommittee, my name is Keith Bissell and I am Vice Chairman of the Committee on Railroads of the National Association of Regulatory Utility Commissioners, commonly known as the "NARUC". I am also a Commissioner with the Tennessee Public Service Commission. Accompanying me today are Paul Rodgers, NARUC Administrative Director and General Counsel, and Pamela E. Somers, NARUC Director of Congressional Relations.

The NARUC is a quasi-governmental nonprofit organization founded in 1889. Within its membership are the governmental agencies of the fifty States and of the District of Columbia, Puerto Rico, Guam, and the Virgin Islands engaged in the regulation of utilities and carriers. Our chief objective is to serve the public interest by seeking to improve the quality and effectiveness of government regulation. The members of the NARUC appreciate your invitation to make their views known on proposed amendments to the Federal Railroad Safety Act of 1970 [45 U.S.C., Sec. 421, et seq.].

AUTHORIZATION OF APPROPRIATIONS FOR STATE SAFETY PROGRAMS FOR FISCAL YEARS 1981 AND 1982

The members of the State regulatory agencies across the Nation vigorously support an appropriation authorization in the amount of $3.5 million for the fiscal year ending September 30, 1981, and an additional $3.5 million for the fiscal year ending September 30, 1982, to carry out State safety programs under Section 206(d) of the Federal Railroad Safety Act of 1970 [45 U.S.C.A., Sec. 435(d)].

The program is administered by means of a Federal-State partnership, including State certification similar to the certification principles set forth in the Natural Gas Pipeline Safety Act of 1968. Those States certified to carry out investigative and surveillance activities on behalf of the DOT Secretary and those States which have entered into agreements with the Secretary provide money and manpower to ensure that safety regulations written in Washington, D.C., are, in fact, implemented throughout the country.

The provision of such financial assistance to State agencies, on a matching basis, will reduce the need for establishing a large Federal field staff and thereby permit the Congress to implement its national safety programs for far less than what it would otherwise cost for the Federal Government to assume the entire financial burden. In other words, the use of matching funds would in effect pull State money into the Federal programs. Moreover, it provides incentive for the States to sponsor more comprehensive enforcement programs in support of the Federal scheme.

There are currently 30 States participating, with 82 inspectors including trainees. A survey showing the status of State participation is attached. It is hoped that there will be 180 State inspectors by fiscal year 1981, and the $3.5 million will be necessary to accommodate the Federal contribution for their support, according to the Federal Railroad Administration.

STRENGTHENED STATE PARTICIPATION IN THE FEDERAL RAILROAD SAFETY PROGRAM

Attention must also be directed to intensfying Federal and State enforcement efforts under the Railroad Safety Act of 1970. Although the 1970 Act was adopted in response the increasing number of rail accidents throughout the Nation, the Act has not succeeded in assuring safe operating conditions. Instead, the national rail safety situation has deteriorated substantially since 1970. My own State of Tennessee is representative of this worsening situation. The Tennessee Public Service Commission Division of Railroads has conducted a study, analyzing the statistics for rail accidents which occurred in Tennessee during the period from 1970 to 1979. The results show that when the Tennessee Public Service Commission had jurisdiction over rail safety, from 1970 to 1974, there were 89% fewer derailments than during the next five year period, from 1974 to 1979, when FRA preempted the State enforcement.

The members of the NARUC are also concerned that President Carter's recent proposal to dramatically increase the use of coal in this country may well precipitate an unprecedented increase in the number of derailments and disasters throughout the Nation. As I mentioned earlier the operating conditions of the Nation's rail track and roadbed have been deteriorating since 1970. The additional strain on the rail system brought about by the railroad's efforts to help meet the energy needs of this country during the next two decades would create more frequent and more serious derailments.

The members of NARUC believe the answer is obvious, it is time to return to those State agencies which are willing and able to accept the responsibility, the authority to effectively enforce Federal safety standards in a prompt and efficient manner. Accordingly, NARUC strongly urges the enactment of S. 934, a bill proposing the Federal Railroad Safety Act Amendments. Also attached is a copy of the Resolution supporting S. 934 which was adopted by the 91st NARUC Annual Convention on December 5, 1979 (NARUC Bulletin No. 52-1979, pp. 20-21).

S. 934 would return to the State agencies which are willing and able to accept the responsibility, the authority to effectively enforce Federal safety standards in a prompt and efficient manner.

Section 3 of S. 934 would amend Section 207 of the Federal Railroad Safety Act of 1970 in order to improve enforcement of Federal railroad safety standards by granting State regulatory agencies the authority to impose civil penalties and to seek immediate injunctive relief in a U.S. District Court when the safety laws have been violated. Under present law (45 U.S.C., Sec. 436), a participating State agency may only report violations to the FRA and the State agency is helpless to correct the violations, no matter how dangerous they may be, unless FRA takes no action for 90 days, in which case the State agency can seek injunctive and other relief in the Federal District Court. The independent enforcement mechanisms for the State agencies provided in S. 934 would significantly strengthen the enforcement of rail safety laws.

In addition to supporting the amendment of the 1970 Act offered in S. 934, the NARUC believes the Nation's rail safety program can be further improved by authorizing the States to participate in investigative activities in connection with all Federal rail safety laws and regulations. The FRA interprets the State participation program under Sec. 206(a) of the Federal Railroad Safety Act as only applying to regulations adopted thereunder. State agencies are not authorized to carry out investigative and surveillance activities with respect to other Federal rail safety laws adopted before or after the 1970 Act.1 Such an interpretation results in an inefficient use of State inspectors when they are present on railroad property to enforce the 1970 Act, but are not permitted to check for compliance with pre- or post-1970 safety laws. A broadened interpretation of the participation program would eliminate this inefficiency and assure maximum use of State personnel.2 This concludes our prepared statement. I will be happy to answer any questions the members of the Subcommittee may have. Thank you for your time and attention.

STATE PARTICIPATION STATUS SUMMARY, NOV. 26, 1979, SHOWING AGREEMENT, CERTIFICATION, AND FULL-CERTIFICATION STATUS

The earlier safety laws include the Safety Appliance Acts (45 U.S.C., Secs. 1-16), the Ash Pan Acts (45 U.S.C., Secs. 17-21), the Boiler Inspection Acts (45 U.S.C., Secs. 22-34), the Signal Inspection Act (49 U.S.C., Sec. 26), and the Hours of Service Acts (49 U.S.C., Secs. 61-66). A subsequent safety law is the Hazardous Materials Transportation Act (49 U.S.C., Secs. 18011812).

2 This amendment may be accomplished by adding at the end of Section 206 of the Federal Railroad Safety Act of 1970 a new subsection to read as follows:

"(g) Notwithstanding any other provision of this title or any other law, a State agency may also participate, in the manner set forth in this section, in carrying out investigative and surveillance activities in connection with railroad safety laws and regulations in effect on the date of enactment of this title or enacted or adopted after such date."

STATE PARTICIPATION STATUS SUMMARY, NOV. 26, 1979, SHOWING AGREEMENT, CERTIFICATION, AND FULL-CERTIFICATION STATUS-Continued

RESOLUTION SUPPORTING S. 934 To AMEND THE RAILROAD SAFETY ACT OF 1970 Whereas, The Railroad Safety Act of 1970 was adopted in response to a growing number of rail accidents throughout the Nation; and

Whereas, The Act granted authority to the Secretary of Transportation and the Federal Railroad Administration to promulgate and enforce uniform rail safety standards; and

Whereas, These Federal rules preempt State regulations, except in very limited circumstances; and

Whereas, The National Safety Act of 1970 has not succeeded in assuring safe operating conditions on rail tracks and roadbeds throughout the Nation; rather the national railroad safety situation has deteriorated substantially since 1970; and Whereas, There have been many catastrophes, including the Waverly, Tennessee, catastrophe of February 1978, in which 16 persons died; and

Whereas, The Federal Railroad Safety Act of 1970 has certain provisions contemplating State participation in investigation and enforcement of railroad safety standards; but these provisions and the regulations adopted with respect to them have not proven to facilitate effective State participation and have not resulted in sufficiently effective enforcement of Federal safety standards and programs, and in fact have impaired State standards and programs; and

Whereas, The number of derailments and instances of evacuation have steadily increased; and

Whereas, The Tennessee Congressional Delegation has caused to be introduced in the United States Senate S. 934 to amend the Railroad Safety Act of 1970 in order to improve enforcement of Federal railroad safety standards by granting State regulatory agencies the authority to impose penalties and to seek immediate injunctive relief in U.S. District Court when railroad safety laws have been violated; now, therefore, be it

Resolved, By the National Association of Regulatory Utility Commissioners, assembled in its Ninety-first Annual Convention in Atlanta, Georgia, that the United States Congress amend the Railroad Safety Act by adoption of S. 934 to facilitate more effective enforcement of Federal and State standards and programs; and be it further

Resolved, That a copy of this resolution be sent to the President of the United States, governors, each Member of Congress, and to members of the news media. Sponsored by the Tennessee Public Service Commission; Adopted December 5, 1979; reported NARUC Bulletin No. 52-1979, pp. 20-21.

[The following information was subsequently received for the record:]