to the transportation of radioactive materials, a few States have followed ICC requirements in this field to some extent as to explosives and other dangerous articles. As examples of our cooperative association with State officials, we make mention of the annual conference known as the Northeastern Regional Conference on Highway Safety and Motor Vehicle Problems, which has met annually for 22 years under the guidance of the Council of State Governments. This group embraces the 10 northeastern States. It has a committee dealing with highway transportation of explosives and other dangerous commodities, on which a member of our staff has served as a consultant. We have also participated, in annual conferences and as committee members, in activities of the American Association of Motor Vehicle Administrators. We have participated in the work of the National Committee on Uniform Traffic Laws and Ordinances, in the interest of uniformity. These, and similar, relationships have been productive in furthering FederalState relationships and possibly might be expanded to give attention to problems resulting from transportation of radioactive materials. COMMENTS CONCERNING ICC REGULATIONS FOR THE TRANSPORTATION OF EXPLOSIVES AND OTHER DANGEROUS ARTICLES, PARTICULARLY WITH REFERENCE TO RADIOACTIVE MATERIALS A report titled "Physical, Biological, Administrative Problems Associated With the Transportation of Radioactive Substances," by Robley D. Evans, Chairman of the Subcommittee on Shipment of Radioactive Substances, Committee on Nuclear Science, Division of Physical Sciences, National Research Council, issued as Publication No. 205, explains the detailed studies of that group whose recommendations were adopted to form the basic ICC regulations for radioactive materials in 1947. The ICC regulations are published in the Daily Federal Register at or near the time they are amended or adopted, usually at quarter year intervals. The National Archives also publishes the CFR changes in the Federal Register whenever revisions of the code are made. Railroad carriers reproduce the regulations in Agent H. A. Campbell's Tariff No. 10 and supplements which is widely distributed to shippers and railroads. The American Trucking Associations, Inc., publishes the regulations in its Explosives and Dangerous Articles Tariff No. 9 and supplements, in this case acting as publishing agent for motor carriers. Canada adopts the Interstate Commerce Commission regulations and all amendments on a current basis which provides a uniform system between our respective countries. The civil air regulations (14 CFR 49) and the U.S. Coast Guard regulations (46 CFR 146) cite the ICC requiremnts as their basic requirements for packaging, marking, labeling, etc. The authority for the ICC regulations comes primarily from public Law 772, 80th Congress, approved June 25, 1948, a copy of which is also enclosed. Application of the ICC regulations to common, contract and private carriers by highway comes jointly from this law and part II of the Interstate Commerce Act. 1 The regulations formulated pursuant to Public Law 772, as stated, appear in 49 CFR 71-90 (revised 1956) and the cumulative pocket supplement which contains all amendments as of January 1, 1958. An index of the pertinent subjects showing the CFR section numbers and pages is also enclosed. SUMMARY OF DECISIONS RENDERED BY THE INTERSTATE COMMERCE COMMISSION Except for decisions in which the Commission has promulgated regulations for the safe transportation of radioactive materials, the only cases decided which relate to such transportation involve applications of motor carriers to transport radioactive materials in interstate or foreign commerce. One of the early applications of this nature was filed by W. J. Dillner Transfer Co., No. MC-21623 (sub-No. 72). By that application, filed September 27, 1946, Dillner sought a certificate of public convenience and necessity authorizing operations as a common carrier by motor vehicle of radioactive chemicals, materials, drugs and medicines requiring special handling and equipment, special containers therefor, and special instruments and equipment used in handling radioactive chemicals, materials, drugs and medicines between all points in the United States. The Commission's report in this case is published in 48 M.C.C. 303. The application was denied for the reason that in 1948 the Commission took the position that knowledge then available as to the hazards was such that it should not grant extensive permanent authority to transport these commodities over all highways. The need for transportation service at that time was sporadic. The Commission pointed out that in the event of a sustained need for such service any motor carrier was free to seek temporary_operating authority under appropriate provisions of the Interstate Commerce Act. Most transportation of radioactive materials has been performed under existing certificates issued to common carriers to transport general commodities and under both common carrier certificates and contract carrier permits which authorize the transportation of commodities requiring special handling by reason of their size, weight, or cumbersome characteristics. A number of common carriers have sought and obtained certificates to serve plants and other facilities of the Atomic Energy Commission or to serve the location of laboratories and other facilities of AEC contractors or licensees in conjunction with their existing certificates to furnish general commodity service. Some examples of certificates and permits specifically authorizing transportation of these materials are attached hereto. It will be noted that permit No. MC-113738 sub 1 was issued to Continental Tennessee Lines, Inc., Nashville, Tenn., on February 8, 1955, authorizing transportation in interstate or foreign commerce as a contract carrier by motor vehicle over irregular routes of: Class D poisons for the U. S. Government (Atomic Energy Commission) and moving on Government bills of lading: Between Oak Ridge, Tenn., and Kevil, Ky. Certificates of public convenience and necessity issued in October 1953 to United States Truck Lines, Inc., Spokane, Wash., and Garrett Freightlines, Inc., Pocatello, Idaho, authorized the transportation in interstate or foreign commerce as common carriers by motor vehicle of: Chemicals and radioactive materials, over irregular routes: From the site of the plant of the Atomic Energy Commission near Hanford, Wash., to the Atomic Energy Reactor Testing Station and Reservation near Arco, Idaho. Another such certificate issued August 19, 1958, to Rowe Transfer & Storage Co., Knoxville, Tenn., authorizes that firm to transport in interstate or foreign commerce as a common carrier by motor vehicle, over irregular routes: Radioactive semiprocessed feed material, in granular form, in hopper type containers: From Fernald, Ohio, to Oak Ridge, Tenn.: The number of certificates and permits specifically naming radioactive materials is not large principally for the reason, mentioned above, that most motor carriers performing such transportation service do it under provisions of their certificates authorizing the transportation of general commodities. The Commission has endeavored to exercise great care with respect to the fitness, ability, and willingness of applicants seeking authority to perform specific service between AEC installations. As an illustration of this we refer to the Commission's report in Ollie Gray and Courtney Gray Contract Carrier Application MC-115688 (69 M.C.C. 695). It will be noted that in this case the applicant sought authority to transport, as a contract carrier by motor vehicle, "certain mixtures as class D, group III poisons," this being the category in which radioactive materials are included in the Commission's dangerous articles regulations. As the report points out, although the applicant had not previously transported radioactive materials, its general disregard of the Commission's safety regulations, particularly its negligence to maintaining its vehicles in safe operating condition, its failure to comply with ICC regulations with respect to reporting accidents and requiring drivers' daily logs, its conduct of unlawful operations, and its making misrepresentations to the Commission in certain application proceedings caused the Commission to find that the applicant was unfit properly to conduct the proposed operations and that it had failed to establish that the issuance of the permits authorizing the operations in question would be consistent with the public interest and the national transportation policy. The Commission would appreciate receiving copies of the final report and survey when it is available. With kindest regards, I remain, Sincerely, HOWARD FREAS, Chairman. Index to 49 CFR 71-90 Subject AEC shipments: Exempted for security purposes.. Billings shipments: Correct description required on shipping papers. Label and placard notation required on billing to carrier. Shipper must certify all requirements were met. Carrier must properly describe shipments on waybills. Carriers: Motor carriers covered by regulations..... REPORT BY DEPARTMENT OF LABOR ON FEDERAL-STATE RELATIONSHIPS IN REGULATING RADIATION HAZARDS FEDERAL-STATE RELATIONSHIPS IN REGULATING RADIATION HAZARDS (Statement by the U.S. Department of Labor for the Joint Committee on Atomic Energy of the Congress of the United States) The statement is divided into two parts, based upon the draft outline of August 25, 1958, prepared by the committee: I. Activities of the Department of Labor relating to radiation hazards (item I-E). II. Intergovernmental relationships in fields other than atomic energy (item III-A). These statements are supplemented by several exhibits illustrative of the activities or subject areas covered by the report. 35539-59- -8 I. ACTIVITIES OF THE DEPARTMENT OF LABOR RELATING TO The Department of Labor's organic law to promote the welfare of the wage earner makes the protection of workers from radiation hazards of primary interest to the Department. The rapidly expanding use of radiation-producing machines and material in industry calls for continuing and effective action if workers whose employment involves exposure to various forms of radiation are to be adequately safeguarded. The statutory responsibility for the protection of employees from radiation hazards currently rests with various State and Federal agencies. The Department of Labor has certain specific regulatory functions and, in addition, cooperates with other Federal agencies and with the States in certain areas relating to radiation hazards and industrial safety. Regulatory activities The Department of Labor has regulatory authority under two Federal acts—the Fair Labor Standards Act of 1938, as amended, and the Walsh-Healey Public Contracts Act, as amended. Under the Fair Labor Standards Act the Secretary of Labor has the specific responsibility of finding and declaring occupations particularly hazardous for minors under 18. Under this authority Hazardous Occupations Order No. 6 was issued prohibiting the employment of minors under 18 in occupations involving exposure to radioactive substances and ionizing radiations. This order was issued originally May 1, 1942, to prevent the employment of minors in occupations exposing them to radium, thorium salts, or other radioactive materials. It was amended and reissued in 1957 to include safeguards made necessary by the increasing industrial use of radioisotopes. The amended order incorporates applicable recommended standards of the National Committee on Radiation Protection on maximum permissible concentrations, contained in the National Bureau of Standards Handbook No. 52 (exhibit 1). Federal cooperative activities The Department is cooperating with other Federal agencies and technical organizations in the field of radiation control. The Bureau of Labor Standards is represented on the subcommittee of the National Committee on Radiation Protection, which is developing recommended standards for protection of workers from radiation exposure. The Bureau is actively participating on an American Standards Association committee working on the development of a code on nuclear energy. It is also participating with a Committee on Atomic Energy of the International Association of Industrial Accident Boards and Commissions which is concerned with the workman's compensation aspects of radiation exposure. As a part of the background for the development of an orientation training course in radiation inspection for State factory inspectors, safety engineers of the Bureau have participated in the State Department's Foreign Service Institute on Atomic Energy, the U.S. Public Health Service basic radiological health course, AEC radiation orientation course for fire fighters, and the civil defense radiation course. |