8. The act of May 6, 1910 (36 Stat. 350) and the act of September 13, 1960 (74 Stat. 903), relating to accident reports

(1) Requires railroads to report accidents on forms prescribed by ICC; (2) authorizes ICC to investigate accidents and make public reports of investigation. 9. The act of March 4, 1907 (34 Stat. 1415), the act of May 4, 1916 (39 Stat. 61), the act of June 25, 1948 (62 Stat. 909), the act of August 14, 1957 (71 Stat. 352), relating to hours of service of employees

Prescribes maximum hours of service of employees of any railroad common carrier and imposes on ICC duty to inform U.S. attorney of any violations as may come to its knowledge and to enforce provisions of this act.

10. The act of February 23, 1905 (33 Stat. 743), the act of June 13, 1957 (71 Stat. 69), relating to awards

Authorizes the President to grant medals of honor for heroism with respect to wrecks upon railroads or involving motor vehicles.

11. Title 18, United States Code, sections 831-835, relating to explosives and other dangerous articles (74 Stat. 808)

(1) Prohibits transportation of certain explosives on passenger vehicles operated by common carriers and shipments of such explosives without disclosing their nature; (2) authorizes ICC to prescribe regulations relating to the transportation of explosives and other dangerous articles by land, and marking and packing of such articles transported by land or water.

12. The act of March 19, 1918 (40 Stat. 450), the act of March 4, 1921 (41 Stat. 1446), and the act of March 3, 1923 (42 Stat. 1434), as amended by the act of June 24, 1948 (62 Stat. 646), relating to the Standard Time Act (1) Establishes five time zones which shall govern movement of all common carriers; (2) authorizes the ICC to define the limits of each zone.

13. The following sections of the Interstate Commerce Act (24 Stat. 379): sections 1(10), 1(11), 1(12), 1(13), 1(14)(a) (but not including establishment of the compensation to be paid for the use of any locomotive, car, or other vehicle not owned by the carrier using it), 1(15), 1(16), 1(17), 6(8), the final sentence of 15(4), 15(10), and 420, relating to car service (1) Imposes duty on railroads and freight forwarders to establish just and reasonable practices, in use, control, supply, movement, distribution, etc., of rolling stock; (2) authorizes the ICC to require publication of the carrier's car service rules and regulations in tariffs; after hearing, to establish reasonable rules, regulations and practices with respect to car service; to issue emergency orders relating to car service, use of facilities, and priority of traffic; and, under certain circumstances, establish through routes and to direct routing of traffic: (3) provides for handling military traffic upon demand of President in time of war.

14. Section 25, relating to safety appliance, methods, and systems

(1) Authorizes the ICC, after investigation, to prescribe installation by any railroad of block signal system, interlocking automatic train stop or other similar appliances, etc.; (2) requires carriers to file rules and regulations for installation, operation, and maintenance of such appliances, methods, or systems with ICC and, upon failure of a carrier to do so, authorizes ICC to prescribe such rules; (3) authorizes ICC to inspect such systems, etc., and to determine whether in proper condition; (4) requires railroads to report to ICC failures and accidents relating to such systems; (5) imposes duty on ICC to enforce provisions of this section.

15. Section 226 of Interstate Commerce Act (24 Stat. 379, as amended), investigation of motor vehicle sizes and weights

This is an obsolete provision, enacted in 1935, which authorized the Commission to investigate and report on the need for Federal regulation of motor vehicle sizes and weights, which investigation was completed and a report submitted to Congress in 1941. It also includes authorization for a similar investigation with respect to qualifications and maximum hours of service of employees

of all motor carriers and private carriers of property by motor vehicle. The Commission found a need for such regulations and by 1940 had prescribed them under its specific power in section 204 (a) (1), (2), and (3), which power now would be transferred to the Secretary of Transportation.

16. Section 1 (21)

Except to the extent that it relates to the extension of line or lines of common carriers, authorizes the ICC to require a railroad to provide itself with adequate facilities for car service.

17. Sections 204(a), (1), (2), (3), (3a), and (5) of the Interstate Commerce Act (24 Stat. 379, as amended)

These sections, insofar as they are pertinent to the bill, authorize the Interstate Commerce Commission to (1) prescribe requirements relating to qualifications and maximum hours of service of employees and safety of operation and equipment for motor common and contract carriers; (2) prescribe requirements relating to qualifications and maximum hours of service of employees and standards of equipment for private carriers of property by motor vehicle; (3) prescribe requirements relating to comfort of passengers, qualifications, and maximum hours of service of employees, and safety of operation and equipment for carriers of migrant workers by motor vehicle; (4) avail itself of the research agencies of the Federal Government in carrying out the motor carrier safety regulations.

LAWS TRANSFERRED FROM DEPARTMENT OF THE ARMY (SEC. 6(f))

1. Section 7 of the River and Harbor Act of March 4, 1915 (38 Stat. 1053; 33 U.S.C.471)

2. The act of April 22, 1940 (54 Stat. 150; 33 U.S.C. 180, 258)

Authorizes the Secretary of the Army to establish anchorage grounds for vessels in all harbors, rivers, bays, and other navigable waters of the United States. These areas are reserved for vessels to unload or load cargoes, or to await clearance for entering a harbor or approaching a clock, and also for small vessels not exceeding 65 feet in length to anchor without anchor lights. 3. Section 5 of the act of August 18, 1894 ( 28 Stat. 362; 33 U.S.C. 499)

Authorizes the Secretary of the Army to prescribe such rules and regulations as in his opinion the public interest require, to govern the opening of drawbridges, built across the navigable rivers and other waters of the United States, for the passage of vessels and other water crafts.

4. The act of June 21, 1940 (54 Stat. 497; 33 U.S.C. 511–524) (Truman-Hobbs Act)

Railroad and publicly owned highway bridges determined by the Secretary of the Army to be unreasonably obstructive to the free navigation of any navigable waters of the United States may be required to be altered by the owner so as to remove such obstruction. The Federal Government shares in the cost of such alternations in accordance with the formula established at 33 U.S.C. 516. 5. Section 4 of the act of August 23, 1906 (34 Stat. 85; 33 U.S.C. 494) 6. Section 503 of the act of August 2, 1946 (60 Stat. 847; 33 U.S.C. 526) 7. Section 17 of the act of June 10, 1930 (46 Stat. 552; 33 U.S.C. 498a) 8. Act of June 27, 1930 (46 Stat. 821; 33 U.S.C. 498b)

9. Act of August 21, 1935 (49 Stat. 670; 33 U.S.C. 503–507)

The Secretary of the Army is authorized to review and determine the reasonableness of rates charged for transit across a bridge over navigable waters by the bridge owner. With some limited exceptions, toll bridge rates are subject to the Secretary's regulatory rates. The exceptions would be bridges built under the authority of the legislature of the State across rivers or other waterways the navigable portions of which lie wholly within the limits of a single State, bridges on which the tolls are prescribed by a contract entered into by or with

any State or political subdivision thereof, or any municipality, and international bridges, where the enacting legislation of such bridges did not make them specifically subject to the 1906 act. Also excepted are intrastate bridges constructed under the authority of the 1946 act.

10. Act of August 30, 1961 (75 Stat. 402), Oil Pollution Act, 1961

The Oil Pollution Act, 1961, implements the provisions of the International Convention for the Prevention of the Pollution of the Sea by Oil, 1954. The act implements the convention by prohibiting American ships from discharging waste in any of the zones named, including 50 miles around our own coasts; provides for the keeping of records showing where such wastes were discharged: and provides for the inspection of oil record books. The Secretary of the Army generally administers the provisions of this act.

11. Section 9 of the act of March 3, 1899 (30 Stat. 1151, 33 U.S.C. 401)

12. The act of March 23, 1906 (34 Stat. 84, 33 U.S.C. 491-498) (the General Bridge Act of 1906)

13. The act of August 2, 1946 (60 Stat. 847, 33 U.S.C. 525-539) (the General Bridge Act of 1946)

The location and plan for bridges over the navigable waters of the United States are required to be approved by the Chief of Engineers and the Secretary of the Army before construction is commenced. It is the responsibility of the Chief of Engineers and the Secretary of the Army under these laws to assure that such bridges provide adequate clearances for the reasonable needs of navigation at the least cost to both land and water transportation.

NOTE.-Section 9 of the act of March 3, 1899, requires the consent of Congress or a State legislature, and approval of the Chief of Engineers and Secretary of the Army for the construction of any bridge, dam, dike, or causeway in navigable waters of the United States. Under the proposed legislation, the Department of the Army would retain responsibility for administering those provisions of section 9 as it relates to dams and dikes. Causeways are considered to be bridges and authority therefor would be transferred to the Department of Transportation.

APPENDIX 2

(The following was submitted by the Bureau of the Budget in response to a request noted on p. 72.)

PRECEDENT FOR SPECIAL STUDY AUTHORITY PROVIDED IN SECTION 4(g) OF THE DEPARTMENT OF TRANSPORTATION BILL

Justification.—The Commerce Department currently has similar authority (15 U.S.C. 189a). Under this authority, for example, the Maritime Administration of the Department of Commerce currently makes studies relating to foreign and domestic transportation. It is an essential function of the Maritime Administration to provide these studies for the use of the agency and the maritime industry. Such information is of particular importance to the agency and to operators participating in statutory hearings so that a proper record can be developed on the need for additional U.S.-flag service.

Source of provision.-Section 4(g) is modelled after 15 U.S.C. 189a which authorizes the Secretary of Commerce to grant requests for information made by interested persons. The wording of 4(g) is similar to 15 U.S.C. 189a except that Transportation supplants Commerce in 4(g).

Other precedents

1. Department of Interior, 5 U.S.C. 488.

Authorizes the Secretary of Interior to provide and charge for copies of records, documents, and the like, when not against the Government interest.

2. Federal Aviation Agency, 49 U.S.C. 1352.

"The Administrator is empowered and directed to collect and disseminate information relative to civil aeronautics (other than information collected and disseminated by the Board under subchapters IV and VII of this chapter) * * *.”1

1 Subchapter IV relates to Economic Regulation of Air Carriers and subchapter VII relates to aircraft accident investigation.

3. Federal Power Commission, 16 U.S.C. 825k.

"The Commission may provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and is authorized to sell at reasonable prices copies of all maps, atlases, and reports as it may from time to time publish. Such reasonable prices may include the cost of compilation, composition, and reproduction. The Commission is also authorized to make such charges as it deems reasonable for special statistical services and other special or periodic services."

APPENDIX 3

(The following was submitted by the Bureau of the Budget in response to a request noted on p. 77.)

ANALYSIS OF SECTION 7-THE USE OF STANDARDS AND CRITERIA IN THE FORMULATION AND EVALUATION OF FEDERAL TRANSPORTION IN

VESTMENTS

The President and the Congress will place upon the Secretary of Transportation primary responsibility for transportation matters in the executive branch. Among the matters demanding wise and active direction, Federal investment programs in transportation facilities and equipment are of particular importance. By investment in transportation facilities is meant the financing by the Federal Government of capital goods such as air traffic control centers, highways, harbor and waterway improvements and other durable facilities and equipment used by private industry in providing transportation for the public or directly by the general public in providing its own transportation.

Next to economic regulation, the greatest impact of Government transportation programs comes from the massive investment of public funds in transportation facilities and equipment. It is clear that these capital investment programs will continue to grow in response to expanding demand for transport services. The individual Federal programs of investment in transportation had their beginnings under widely differing circumstances and were generally initiated without regard to (a) their interrelationships or (b) their relationships to Federal programs serving other major purposes. Some transportation investment programs were authorized without specific statutory standards and criteria on which to base project formulation and evaluation; for others general standards were laid down in the statutes, e.g., the merchant ship construction subsidy may not, by law, exceed 55% of the total cost of construction.

Given the increasing demand for public transportation investments, we must be sure that the Nation's transportation systems get their fair share of public resources in competition with programs serving other major national objectives. We must also be sure that (a) the most urgent national transportation needs are identified, (b) projects to meet these needs are assigned planning and development priorities, and (c) needs are met in the most effective manner.

Section 7(a) of the proposed legislation authorizes the Secretary of Transportation to promulgate, after approval by the President, standards and criteria for the fomulation of transportation investment proposals. "The standards and criteria for economic evaluation of the transportation features of multi-purpose water resource projects shall be developed by the Secretary after consultation with the Water Resources Council, and shall be compatible with the standards and criteria for economic evaluation applicable to non-transportation features of such projects. The standards and criteria developed or revised pursuant to this subsection shall be promulgated by the Secretary upon their approval by the President."

In considering Section 7, several points should be borne in mind.

1. The standards and criteria apply to inland navigation investment "proposals". They are, in other words, to be used by the executive branch in formulating and evaluating within the executive branch proposals to be submitted to the Congress.

2. Nothing in Section 7 adds or detracts from the existing statutes applying to the various transporation activities of the Federal Government. For ex

ample, neither the general nature nor the scope of the Interstate Highway System could be altered by the Secretary. The Secretary could not change programs already authorized by the Congress.

3. The concepts in Section 7 would extend the concept of consistent standards and criteria required by the Water Resources Planning Act for water resource projects to other transportation projects. The development and implementation of a consistent set of standards has greatly improved the quality of water resource development planning, and has helped to assure more consistentthough not necessarily uniform-treatment of various elements of water resources development. (Attachment A is a brief description of the use of standards and criteria in the formulation and evaluation of Federal water resources development projects.)

It is not intended, as it was not intended by Senate Document 97, which now governs water resources project formulation, that a single set of specific rules and regulations be established. Rather, Section 7 contemplates the establishment of broad general standards that must be taken into account in developing transportation investment proposals. They would state, for example: (a) the types and kinds of benefits to be considered; (b) the kinds and extent of costs to be examined; (c) the period of evaluation; (d) the use of the maximization of net benefits principle.

The standards and criteria contemplated under Section 7 apply to two kinds of programs: these programs are either (a) those to be included in the new Department, or (b) those to remain outside the Department.

PROGRAMS TO BE INCLUDED IN THE DEPARTMENT

The Secretary of Transportation would, of course, have policy responsibility for investment proposals developed under Federal programs included in the Department. In evaluating proposals for transportation investments, to be transmitted to the Congress, the Secretary would utilize the standards he had promulgated, after Presidential approval. The existence of such standards would help insure a consistent approach to departmental transportation investments. As indicated earlier, however, such standards could not alter the statutes currently applying to the various transportation programs included in the proposed Department.

TRANSPORTATION PROGRAMS TO REMAIN OUTSIDE THE DEPARTMENT

Some of the water resources projects developed by the Corps are exclusively or predominantly transportation projects and can be evaluated as such. Most of the projects, however, serve other purposes as well. All such multi-purpose projects are planned so as to permit the evaluation of costs and benefits associated with each main development purpose separately.

The Water Resources Council was created as a vehicle for establishing standards and criteria for Federal investments in water and related land resources. Section 7 directs the Secretary of the Department of Transportation to consult with the Water Resources Council and requires that the transportation standards and criteria for formulation and evaluation of the navigation elements of such projects be compatible with the standards and criteria for economic evaluation of non-transportation features of the projects. This requirement, plus the ap proval of the President, will assure that all standards and criteria promulgated by the Secretary will be fully coordinated with other Government agencies.

After the Rivers and Harbors Board approves a project report by the Division Engineer, the report is submitted to an interagency review procedure which is required by law. The President and the Congress should have the Secretary's advice on the merits of the transportation elements of these projects, as well as on programs developed in the Department of Transportation. Section 7 provides for this. The Secretary will not have veto power over Corps projects, however. The Corps will continue to exercise its responsibilities fully. Attachment B describes the current procedures for handling Corps projects and the modifications that would result because of Section 7.

Other programs to remain outside the department. The urban mass transit assistance programs administered by the Department of Housing and Urban Development and the economic development projects administered by the Department of Commerce have major transportation impacts. These programs are also related to programs serving other major national objectives, e.g., community and regional development.