An Act to regulate commerce by improving the protection afforded the public against risks connected with the transportation of hazardous materials, and for other purposes.
PL 93-633 (H.R.15223), enacted 01/03/1975

2156 
PUBLIC LAW 93-633-JAN. 3, 1975 
[88 STAT. 
Public Law 93-633 
January 3, 1975 
AN A C T 
[H. R. 15223] 
r
j
^
Q regulate commerce by improving ttie protections afforded the public against 
risks connected with the transportation of hazardous materials, and for other 
purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
Transportation 
United Sttttes of Amei^ica in Congress assembled^ That this Act may 
1974? ""^ ° 
be cited as the "Transportation Safety Act of 1974". 
49 use 1801 
note. 
Hazardous Mate-
rials Transporta-
tion Act. 
TITLE I—HAZARDOUS MATERIALS 
SHORT TITLE 
49 use 1801 
gj,(3^ 201. This title may be cited as the "Hazardous Materials Trans-
portation Act". 
DECLARATION OF POLICY 
49 use 1801. 
gj2(-,_ ]
^
Q
2
_ j ^ jg declared to be the policy of Congress in this title to 
improve the regulatory and enforcement authority of the Secretary 
of Transportation to protect the Nation adequately against the risks 
to life and property which are inherent in the transportation of 
hazardous materials in commerce. 
DEFINITIONS 
49 use 1802. 
SEC. 103. As used in this title, the term— 
(1) "commerce" means trade, traffic, commerce, or transporta-
tion, within the jurisdiction of the United States, (A) between 
a place in a State and any place outside of such State, or (B) 
which affects trade, traffic, commerce, or transportation described 
in clause (A) ; 
(2) "hazardous material" means a substance or material in a 
quantity and form which may pose an unreasonable risk to health 
and safety or property when transported in commerce; 
(3) "Secretary" means the Secretary of Transportation, or his 
delegate; 
(4) "serious harm" means death, serious illness, or severe per-
sonal injury; 
(5) "State" means a State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 
American Samoa, or Guam; 
(6) "transports" or "transportation" means any movement of 
property by any mode, and any loading, unloading, or storage 
incidental thereto; and 
(7) "United States" means all of the States. 
DESIGNATION OF HAZARDOUS MATERIALS 
49 use 1803. 
SEC. 104. Upon a finding by the Secretary, in his discretion, that the 
transportation of a particular quantity and form of material in com-
merce may pose an unreasonable risk to health and safety or property, 
he shall designate such quantity and form of material or group or class 
of such materials as a hazardous material. The materials so designated 
may include, but are not limited to, explosives, radioactive materials, 
etiologic agents, flammable liquids or solids, combustible liquids or 
solids, poisons, oxidizing or corrosive materials, and compressed gases. 
88 STAT. ] 
PUBLIC LAW 93-633-JAN. 3, 1975 
2157 
IJEGL'LATIONS 
GOVERNING 
TRANSPORTATION 
OF 
HAZARDOUS 
MATERIALS 
49 u s e 1804. 
SEC. 105. (si) GENERAL.—The Secretary may issue, in accordance 
with the provisions of section 553 of title 5, United States Code, 
including an opportunity for informal oral presentation, regulations 
for the safe transportation in commerce of hazardous materials. Such 
regulations shall be applicable to any person who transports, or causes 
to be transported or shipped, a hazardous material, or who manufac-
tures, fabricates, marks, maintains, reconditions, repairs, or tests a 
package or container which is represented, marked, certified, or sold 
by such person for use in the transportation in commerce of certain 
hazardous materials. Such regulations may govern any safety aspect 
of the transportation of hazardous materials which the Secretary 
deems necessary or appropriate, including, but not limited to, the 
packing, repacking, handling, labeling, marking, placarding, and 
routing (other than with respect to pipelines) of hazardous mate-
rials, and the manufacture, fabrication, marking, maintenance, recon-
ditioning, repairing, or testing of a package or container which is 
represented, marked, certified, or sold by such person for use in the 
transportation of certain hazardous materials. 
(b) COOPERATION.—In addition to other applicable requirements, the 
Secretary shall consult and cooperate with representatives of the Inter-
state Commerce Commission and shall consider any relevant sugges-
tions made by such Commission, before issuing any regulation with 
respect to the routing of hazardous materials. Such Commission shall, 
to the extent of its lawful authority, take such action as is necessary 
or appropriate to implement any such regulation. 
(c) REPRESENTATION.—No person shall, by marking or otherwise, 
represent that a container or package for the transportation of hazard-
ous materials is safe, certified, or in compliance with the requirements 
of this Act, unless it meets the requirements of all applicable regula-
tions issued under this Act. 
HANDLING OF HAZARDOUS MATERIALS 
SEC. 106. (a) CRITERIA.—The Secretary is authorized to establish 
"
^
^ "^*^ ^^'^^• 
criteria for handling hazardous materials. Such criteria may include, 
but need not be limited to, a minimum number of personnel; a mini-
mum level of training and qualification for such personnel; type and 
frequency of inspection; equipment to be used for detection, warning, 
and control of risks posed by such materials; specifications regarding 
the use of equipment and facilities used in the handling and transpor-
tation of such materials; and a system of monitoring safety assurance 
procedures for the transportation of such materials. The Secretary 
may revise such criteria as required. 
(b) REGISTRATION.—Each person who transports or causes to be 
transported or shipped in commerce hazardous materials or who manu-
factures, fabricates, marks, maintains, reconditions, repairs, or tests 
packages or containers which are represented, marked, certified, or 
sold by such person for use in the transportation in commerce of certain 
hazardous materials (designated by the Secretary) may be required 
by the Secretary to prepare and submit to the Secretary a registration 
statement not more often than once every 2 years. Such a registration 
statement shall include, but need not be limited to, such person's name; 
principal place of business; the location of each activity handling such 
hazardous materials; a complete list of all such hazardous materials 
handled; and an averment that such person is in compliance with all 
applicable criteria established under subsection (a) of this section. 
2158 
PUBLIC L
A
W 93-633-JAN. 3, 1975 
[88 STAT. 
The Secretary shall by regulation prescribe the form of any such 
statement and the information required to be included. The Secretary 
shall make any registration statement filed pursuant to this subsection 
available for inspection by any person, without charge, except that 
nothing in this sentence shall be deemed to require the release of any 
information described by subsection (b) of section 552 of title 5, 
United States Code, or which is otherwise protected by law from 
disclosure to the public. 
(c) REQUIREMENT.—No person required to file a registration state-
ment under subsection (b) of this section may transpoi't or cause to 
be transported or shipped extremely hazardous materials, or manu-
facture, fabricate, mark, maintain, recondition, repair, or test packages 
or containers for use in the transportation of extremely hazardous 
materials, unless he has on file a registration statement. 
EXEMPTIONS 
49 use 1806. 
SEC. 107. (a) GENERAL.—The Secretary, in accordance with proce-
dures prescribed by regulation, is authorized to issue or renew, to any 
person subject to the requirements of this title, an exemption from 
the provisions of this title, and from regulations issued under section 
105 of this title, if such pei'son transports or causes to be transported 
or shipped hazardous materials in a manner so as to achieve a level 
of safety (1) which is equal to or exceeds that level of safety wdiich 
would be required in the absence of such exemption, or (2) which 
would be consistent with the public interest and the policy of this title 
in the event there is no existing level of safety established. The maxi-
mum period of an exemption issued or renewed under this section 
shall not exceed 2 years, but any such exemption may be renewed 
upon application to the Secretary. Each person applying for such an 
exemption or renewal shall, upon application, provide a safety analysis 
as prescribed by the Secretary to justify the grant of such exemption. 
Fe^era/^Regrster. A. iiotice of ail appUcatioii for issuance or renewal of such exemption 
shall be published in the Federal Register. The Secretary shall afford 
access to any such safety analysis and an oppoitunity for public com-
ment on any such application, except that nothing in this sentence shall 
be deemed to require the release of any information described by sub-
section (b) of section 552 of title 5, United States Code, or which is 
otherw^ise protected by law from disclosure to the ])ublic. 
Exclusion. 
(}3^ VESSELS.—The Secretary shall exclude, in whole or in part, 
from any applicable provisions and regulations under this title, any 
vessel which is excepted from the application of section 201 of the 
Ports and Waterways Safety Act of 1972 by paragrapli (2) of such 
section (46 U.S.C. 391a(2)), or any other vessel regulated under 
such Act, to the extent of such regulation. 
(c) FIREARMS AND AMMUNITION.—Nothing in this title, or in any 
regulation issued under this title, shall be construed to prohibit or 
regulate the transportation by any individual, for personal use, of any 
firearm (as defined in paragraph (4) of section 232 of title 18, United 
States Code) or any ammunition therefor, or to prohibit any trans-
portation of firearms or ammunition in commerce. 
(d) LIMITATION ON AUTHORITY.—Except when the Secretary deter-
mines that an emergency exists, exemptions or renewals granted pur-
suant to this section shall be the only means by which a person subject 
to the requirements of this title may be exempted from or relieved of 
the obligation to meet any requirements imposed under this title. 
88 STAT .] 
PUBLIC LAW 93-633-JAN. 3, 1975 
2159 
TRANSPORTATION OF RADIOACTIVE MATERIALS ON PASSENGER-CARRYING 
AIRCRAFT 
SEC. 108. (a) GENERAL.—Within 120 days after the date of enactment 
49 ^"sc'\To7 
of this section, the Secretary shall issue regulations, in accordance with 
this section and pursuant to section 105 of this title, with respect to the 
transportation of radioactive materials on any passenger-carrying 
aircraft in air commerce, as defined in section 101(4) of the Federal 
Aviation Act of 1958, as amended (49 U.S.C. 1301(4)). Such regula-
tions shall prohibit any transportation of radioactive materials on any 
such aircraft unless the radioactive materials involved are intended for 
use in, or incident to, research, or medical diagnosis or treatment, so 
long as such materials as prepared for and during transportation do 
not pose an unreasonable hazard to health and safety. The Secretary 
shall further establish effective procedures for monitoring and enforc-
ing the provisions of such regulations. 
(b) DEFINITION.—As used in this section, "radioactive materials" 
means any materials or combination of materials which spontaneously 
emit ionizing radiation. The term does not include materials in which 
(1) the estimated specific activity is not greater than 0.002 microcuries 
per gram of material; and (2) the radiation is distributed in an essen-
tially uniform manner. 
POWERS AND D U T I E S OF T H E SECRETARY 
SEC. 109. (a) GENERAL.—The Secretary is authorized, to the extent 
^9 use 18O8. 
necessary to carry out his responsibilities under this title, to conduct 
investigations, make reports, issue subpoenas, conduct hearings, require 
the production of relevant documents, records, and property, take 
depositions, and conduct, directly or indirectly, research, development, 
demonstration, and training activities. The Secretary is further author- ^^°^^l^ ^"'^ 
ized, after notice and an opportunity for a hearing, to issue orders 
directing compliance with this title or regulations issued under this 
title; the district courts of the United States shall have jurisdiction, 
upon petition by the Attorney General, to enforce such orders by 
appropriate means. 
(b) RECORDS.—Each person subject to requirements under this title 
shall establish and maintain such records, make such reports, and pro-
vide such information as the Secretary shall by order or regulation 
prescribe, and shall submit such reports and shall make such records 
and information available as the Secretary may request. 
(c) INSPECTION.—The 
Secretary 
may authorize 
any 
officer, 
employee, or agent to enter upon, inspect, and examine, at reasonable 
times and in a reasonable manner, the records and properties of persons 
to the extent such records and properties relate to— 
(1) the manufacture, fabrication, marking, maintenance, recon-
ditioning, repair, testing, or distribution of packages or containers 
for use by any person in the transportation of hazardous materials 
in commerce; or 
(2) the transportation or shipment by any person of hazardous 
materials in commerce. 
Any such officer, employee, or agent shall, upon request, display proper 
credentials. 
(d) FACILITIES AND DUTIES.—The Secretary shall— 
(1) establish and maintain facilities and technical staff sufficient 
to provide, within the Federal government, the capability of 
evaluating risks connected with the transportation of hazardous 
materials and materials alleged to be hazardous: 
hearing. 
2160 
PUBLIC LAW 93-633-JAN. 3, 1975 
[88 STAT. 
(2) establish and maintain a central reporting system and data 
center so as to be able to provide the law-enforcement and firefight-
ing personnel of communities, and other interested persons and 
government officers, with technical and other information and 
advice for meeting emergencies connected with the transporta-
tion of hazardous materials; and 
(3) conduct a continuing review^ of all aspects of the trans-
portation of hazardous materials in order to determine and to be 
able to recommend appropriate steps to assure the safe trans-
portation of hazardous materials. 
Presid°ent^°trans. 
(®) ANNUAL EEPORT.—The Sccrctarj shall prepare and submit to 
mittai to Con- 
thc Presidcut for transmittal to the Congress on or before May 1 of 
g'^^ss. 
each year a comprehensive report on the transportation of hazardous 
Contents. 
matcHals during the preceding calendar year. Such report shall 
include, but need not be limited to— 
(1) a thorough statistical compilation of any accidents and 
casualties involving the transportation of hazardous materials; 
(2) a list and summary of applicable Federal regulations, cri-
teria, orders, and exemptions in effect; 
(3) a summary of the basis for any exemptions granted or main-
tained ; 
(4) an evaluation of the effectiveness of enforcement activities 
and the degree of voluntary compliance with applicable regula-
tions ; 
(5) a summary of outstanding problems confronting the admin-
istration of this title, in order of priority; and 
(6) such recommendations for additional legislation as are 
deemed necessary or appropriate. 
49 use 1809. 
PENALTIES 
SEC. 110, (a) CIVIL.— (1) Any person (except an employee who acts 
Avithout knowledge) who is determined by the Secretary, after notice 
and an opportunity for a hearing, to have knowingly committed an act 
which is a violation of a provision of this title or of a regulation issued 
under this title, shall be liable to the United States for a civil penalty. 
Whoever knowingly commits an act which is a violation of any regu-
lation, applicable to any person who transports or causes to be trans-
ported or shipped hazardous materials, shall be subject to a civil 
penalty of not more than $10,000 for each violation, and if any such 
violation is a continuing one, each day of violation constitutes a sep-
arate offense. Whoever knowingly commits an act which is a violation 
of any regulation applicable to any person who manufactures, fabri-
cates, marks, maintains, reconditions, repairs, or tests a package or 
container which is represented, marked, certified, or sold by such 
person for use in the transportation in commerce of hazardous mate-
rials shall be subject to a civil penalty of not more than $10,000 for each 
violation. The amount of any such penalty shall be assessed by the Sec-
retary by written notice. In determining the amount of such penalty, 
the Secretary shall take into account the nature, circumstances, extent, 
and gravity of the violation committed and, with respect to the person 
found to have committed such violation, the degree of culpability, any 
history of prior offenses, ability to pay, effect on ability to continue to 
do business, and such other matters as justice may require. 
(2) Such civil penalty may be recovered in an action brought by the 
Attorney General on behalf of the United States in the appropriate 
district court of the United States or, prior to referral to the Attorney 
General, such civil penalty may be compromised by the Secretary. 
88 STAT. ] 
PUDUC LAW 93-633-JAN. 3, 1975 
2161 
The amount of such penalty, when finally determined (or agreed 
upon in compromise), may be deducted from any sums owed by the 
United States to the person charged. All penalties collected under 
this subsection shall be deposited in the Treasury of the United States 
as miscellaneous receipts. 
(b) CRIMINAL.—A person is guilty of an offense if he willfully 
violates a provision of this title or a regulation issued under this title. 
Upon conviction, such person shall be subject, for each offense, to a 
fine of not more than $25,000, imprisonment for a term not to exceed 
6 years, or both. 
SPECIFIC RELIEF 
SEC. 111. (a) GENERAL.—The Attorney General, at the request of 
^^ "^^ ^^^°-
the Secretary, may bring an action in an appropriate district court of 
the United States for equitable relief to redress a violation by any 
person of a provision of this title, or an order or regulation issued 
under this title. Such district courts shall have jurisdiction to deter-
mine such actions and may grant such relief as is necessary or appro-
priate, including mandatory or prohibitive injunctive relief, interim 
equitable relief, and punitive damages. 
(b) IMMINENT HAZARD.—If the Secretary has reason to believe that 
an imminent hazard exists, he may petition an appropriate district 
court of the United States, or upon his request the Attorney General 
shall so petition, for an order suspending or restricting the transpor-
tation of the hazardous material responsible for such imminent hazard, 
or for such other order as is necessary to eliminate or ameliorate such 
imminent hazard. As used in this subsection, an "imminent hazard" 
"imminent haz-
exists if there is substantial likelihood that serious harm will occur 
prior to the completion of an administrative hearing or other formal 
proceeding initiated to abate the risk of such harm.. 
ard." 
RELATIONSHIP TO OTHER LAWS 
49 use 1811, 
SEC. 112. (a) GENERAL.—Except as provided in subsection (b) of 
this section, any requirement, of a State or political subdivision thereof, 
which is inconsistent with any requirement set forth in this title, or 
in a regulation issued under this title, is preempted. 
(b) STATE LAWS.—^Any requirement, of a State or political sub-
division thereof, which is not consistent with any requirement set forth 
in this title, or in a regulation issued under this title, is not preempted 
if, upon the application of an appropriate State agency, the Secretary 
determines, in accordance with procedures to be prescribed by regula-
tion, that such requirement (1) affords an equal or greater level of 
protection to the public than is afforded by the requirements of this 
title or of regulations issued under this title and (2) does not unreason-
ably burden commerce. Such requirement shall not be preempted to 
the extent specified in such determination by the Secretary for so long 
as such State or political subdivision thereof continues to administer 
and enforce effectively such requirement. 
(c) OTHER FEDERAL LAWS.—The provisions of this title shall not 
apply to pipelines which are subject to regulation under the Natural 
Gas Pipeline Safety Act of 1968 (49 U.S.C. 1671 et seq.) or to pipe-
lines which are subject to regulation under chapter 39 of title 18, 
United States Code. 
i s use ss i. 
CONFORMING AMENDMENTS 
SEC. 113. (a) Section 4472 of title 52 of the Revised Statutes of the 
United States, as amended (46 U.S.C. 170) is amended— 
2162 
PUBLIC LAW 93-633-JAN. 3, 1975 
[88 STAT. 
(1) by inserting, in the first sentence of paragraph (14) thereof, 
"criminal" before the word "penalty" and "or imprisoned not more 
than 5 years, or both" before the phrase "for each violation"; and 
(2) by adding at the end thereof the following new paragraph: 
^^"^^*y- 
" (17) (A) Any person (except an employee who acts without knowl-
edge) who is determined by the Secretary, after notice and an opportu-
nity for a hearing, to have knowingly committed an act which is a 
violation of any provision of this section, or of any regulation issued 
under this section, shall be liable to the United States for a civil penalty 
of not more than $10,000 for each day of each violation. The amount 
of such civil penalty shall be assessed by the Secretary by written 
notice. In determining the amount of such penalty, the Secretary shall 
take into account the natui'e, circumstances, extent, and gi-avity of the 
violation committed and, with respect to the person found to have 
committed such violation, the degree of culpability, any history of 
prior offenses, ability to pay, effect on ability to continue to do busi-
ness, and such other matters as justice may require. 
"(B) Such civil penalty may be recovered in an action brought by 
the Attorney General on behalf of the United States, in the appro-
priate district court of the United States or-, prior to referral to the 
Attorney General, such civil })enalty may be compromised by the 
Secretary. The amount of such penalty, when finally determined (or 
agreed upon in compromise), may be deducted from any sums owed 
by the Imited States to the ]:erson charged. All penalties collected 
under this subsection shall be deposited in the Treasury of the United 
States as miscellaneous receipts.". 
(b) Section 901(a)(1) of the Federal Aviation Act of 1058 (49 
U.S.C. 1471(a)(1)) is amended— 
(1) by inserting immediately before the period at the end 
of the first sentence thereof and inserting in lieu thereof: ", except 
that the amount of such civil penalty shall not exceed $10,000 
for each such violation which relates to the transportation of 
hazardous materials."; and 
(2) by deleting in the second sentence thereof " : Provided, That 
this" and inserting in lieu ther-eof the following: ". The amount 
of any such civil penalty which relates to the transportation of 
hazardous materials shall be assessed by the Secretary, or his dele-
gate, upon wi'itten notice upon a finding of violation by the Secre-
tary, after notice and an opportunity for a hearing. In deter-
mining the amount of such penalty, the Secretary shall take into 
account the nature, circumstances, extent, and gravity of the vio-
lation committed and, with respect to the person found to have 
committed such violation, the degree of culpability, any history 
of prior offenses, ability to pay, effect on ability to continue to do 
business, and such other matters as justice may require. This". 
(c) Section 902(h) of the Federal Aviation Act of 1958, as amended 
(49 U.S.C. 1472(h)) is amended to read as follows: 
"HAZARDOUS MATERIALS 
Ante, 
p. 2157. 
"(h)(1) In carrying out his i-esponsibilities under this Act, the 
Secretary of Transportation may exercise the authority vested in him 
by section 105 of the Hazardous Materials Transportation Act to pro-
vide by regulation for the safe transportation of hazardous materials 
by air. 
Penalty. 
«^2) A persou is guilty of an offense if he willfully delivers or 
causes to be delivered to an air carrier or to the operator of a civil air-
craft for transportation in air commerce, or if he recklessly causes the 
transportation in air commerce of, any shipment, baggage, or other 
88 STAT. ] 
PUBLIC LAW 93-633-JAN. 3, 1975 
2163 
property which contains a hazardous material, in violation of any 
rule, regulation, or requirement with respect to the transportation of 
hazardous materials issued by the Secretary of Transportation under 
this Act. Upon conviction, such person shall be subject, for each 
offense, to a fine of not more than $25,000, imprisonment for a term 
not to exceed 5 years, or both. 
"(3) Nothing in this subsection shall be construed to prohibit or 
regulate the transportation by any individual, for personal use, of 
any firearm (as defined in paragraph (4) of section 232 of title 18, 
United States Code) or any ammunition therefor.". 
(d) Section 6(c) (1) of the Department of Transportation Act (49 
U.S.C. 1655(c)(1)) is amended by inserting in the first sentence 
thereof after "aviation safety" and before "as set forth in" the fol-
lowing: (other than those relating to the transportation, packaging, 
marking, or description of hazardous materials)". 
(e) (1) Section 6(f) (3) (A) of the Department of Transportation 
Act (49 U.S.C. 1655(f)(3)(A)) is amended by striking out the 
period at the end thereof and by inserting in lieu thereof "(other 
than subsection (e) (4)).". 
(2) Section 6(f) (3) (B) of the Department of Transportation Act 
(49 U.S.C. 1655(f) (3) (B)) is amended by striking out the period at 
the end thereof and by inserting in lieu thereof "(other than subsec-
tion (e) (4)).". 
(f) Subsection (6) of section 44Y2 of the Revised Statutes, as 
amended (46 U.S.C. 170(6)), is amended— 
(1) in paragraph (a) thereof, by striking out "inflammable" 
each place it appears and inserting in lieu thereof at each such 
place "flammable"; by inserting before "liquids" the following: 
or combustible"; and by deleting the colon and the proviso in its 
entirety and by inserting in lieu thereof a period and the fol-
lowing two new sentences: "The provisions of this subsection 
shall apply to the transportation, carriage, conveyance, storage, 
stowing, or use on board any passenger vessel of any barrel, drum, 
or other package containing any flammable or combustible liquid 
which has a lower flash point than that which is defined as safe 
pursuant to regulations establishing the defining flash-point cri-
teria for flammable and combustible liquids. Such regulations 
shall be prescribed, and revised as necessary, by the Secretary of 
Transportation.". 
(2) in paragraph (b) thereof, by striking out in clause (iv) 
thereof "inflammable liquids" and inserting in lieu thereof "flam-
mable or combustible liquids". 
(g) The Hazardous Materials Transportation Control Act of 1970 
Repeal. 
(Pub. L. 91-458, title I I I ; 49 U.S.C. 1761-1762) is repealed. 
EFFECTIVE DATE 
SEC. 114. (a) Except as provided in this section, the provisions of 
^9 use isoi 
this title shall take effect on the date of enactment. 
"°'^" 
(b) (1) Except as provided in section 108 of this title or paragraph 
(2) of this subsection, any order, determination, rule, regulation, per-
mit, contract, certificate, license, or privilege issued, granted, or other-
wise authorized or allowed, prior to the date of enactment of this title, 
pursuant to any provision of law amended or repealed by this title, 
shall continue in effect according to its terms oi- until repealed, termi-
nated, withdrawn, amended, or modified by the Seci'etary or a court 
of competent jurisdiction. 
2164 
PUBLIC LAW 93-633-JAN. 3, 1975 
[88 STAT. 
(2) The Secretary shall take all steps necessary to bring orders, 
determinations, rules, and regulations into conformity with the pur-
poses and provisions of this title as soon as practicable, but in any 
event no permits, contracts, certificates, licenses, or privileges granted 
prior to the date of enactment of this title, or renewed or extended 
thereafter, shall be of any effect more than 2 years after the date of 
enactment of this title, unless there is full compliance with the pur-
poses and provisions of this Act and regulations thereunder. 
(c) Proceedings pending upon the date of enactment of this title 
shall not be affected by the provisions of this title and shall be com-
pleted as if this title had not been enacted, unless the Secretary makes 
a determination that the public health and safety otherwise require. 
AUTHORIZATION TOR APPROPRIATIONS 
49 use 1812. 
gj;Q. 115, Thcpe is authorized to be appropriated for the purposes of 
this title, not to exceed $7,000,000 for the fiscal year ending June 30, 
1975. 
Rail Safety 
TITLE II—KAIL SAFETY 
Improvement Act 
of 1974. 
SHORT TITLE 
45 u s e 440 
note. 
note. 
SEC. 201. This title may be cited as the "Kail Safety Improvement 
Act of 1974". 
DECLARATION OF POLICY 
note "^*^ ''''° 
SEC. 202. The Congress finds that more effective realization of the 
45'usc 431 
purposes of the Federal Railroad Safety Act of 1970 requires that Act 
to be amended to mandate comprehensive analysis and evaluation of 
the rail safety program, to increase the amount and percentage of 
available resources for inspection, investigation, and enforcement, and 
to increase the enforcement powers of the Secretary of Transportation. 
COMPREHENSIVE RAILROAD SAFETY REPORT 
SEC. 203. Section 211 of the Federal Kailroad Safety Act of 1970 
(45 U.S.C. 440) is amended by adding at the end thereof the following 
new subsection: 
Presi'dJnt'and 
"^^^^ SPECIAL KEPORT,—Thc Secretary shall prepare and submit to 
cong'ret".^" 
the Prcsldeut and tlie Congress, not later than March 17, 1976, a 
Contents. 
comprchensivc railroad safety report. Such report shall— 
" (1) contain a description of the areas of railroad safety with 
respect to which Federal safety standards issued under this Act 
are in effect (as of June 30, 1975) ; 
"(2) identify any area of railroad safety with respect to which 
Federal safety standards have been proposed but have not been 
issued under this Act (as of June 30, 1975); 
"(3) identify any area of railroad safety with respect to which 
Federal safety standards have not been issued under this Act (as 
of June 30,1975); 
"(4) identify alternative and more cost-effective methods for 
inspection and enforcement of Federal safety standards, including 
mechanical and electronic inspectioUj and contain an evaluation 
of problems involved in implementing such alternatives, with 
specific attention to the need for cooperation with the railroad 
industry; 
"(5) identify the areas of railroad safety listed in accordance 
with paragraphs (1) through (3) of this subsection which involve, 
or which may involve. State participation under section 206 of 
45 use 435. 
^j^ig ^ct; 
88 STAT. ] 
PUBLIC LAW 93-633-JAN. 3, 1975 
2165 
" (6) contain a description of the railroad safety program which 
is in effect or planned in each State (as of June 30, 1975), 
including— 
"(A) State program development; 
"(B) State plans to participate in program areas listed in 
accordance with paragraph (1) of this subsection, which are 
not covered by a State certification or agreement; 
"(C) State interest in participating in each program area 
listed in accordance with paragraphs (2) and (3) of this 
subsection, following issuance of the applicable 
safety 
standards; 
"(D) annual projections of each State agency's needs for 
personnel, equipment, and activities reasonably required to 
carry out its State program during each fiscal year from 
1976 through 1980 together with estimates of the annual costs 
thereof separately stated as to projections under subpara-
graphs (B) and (C) of this paragraph; 
"(E) the sources from which the State expects to draw 
the funds to finance such programs; and 
"(F) the amount of State funds and of Federal financial 
assistance needed during each such fiscal year, by category; 
"(7) contain a detailed analysis of (A) the number of safety 
inspectors needed (by industry and Government respectively) to 
maintain an adequate and reasonable railroad safety program and 
record; (B) the minimum training and other qualifications needed 
for each such inspector; (C) the present and projected availability 
of such personnel in comparison to the need therefor; (D) the 
salary levels of such personnel in relation to salary levels for com-
parable positions in industry, State governments, and the Federal 
Government; 
"(8) evaluate alternative methods of allotting Federal funds 
among the States applying for Federal financial assistance, 
including recommendations, if needed, for a formula for such 
apportionment; 
"(9) contain a discussion of other problems affecting coopera-
tion among the States that relate to effective participation of 
State agencies in the nationwide railroad safety program ; and 
"(10) contain recommendations for any additional Federal and 
State legislation needed to further realization of the objectives of 
this Act. 
Such report shall be prepared by the Secretary, directly or indirectly, 
after research, examination, study, and consultation with the national 
associations representing railroad employee unions, railroad manage-
ment, cooperating State agencies, the national organization of State 
commissions, universities, and other persons having special expertise 
or experience wdth respect to railroad safety. Such report shall include, 
in an appendix, a statement of the views of the national associations 
representing railroad employee unions, of the carriers, and of the 
national organization of State commissions with respect to the content 
of such report in its final form.". 
ACCIDENT REPORTS 
SEC. 204. (a) Section 209(b) of the Federal Railroad Safety Act of 
1970 (45 U.S.C. 438(b)) is amended by inserting after "for violation 
thereof" and before "in such amount" the following: "or for violation 
of section 2 of the Act of May 6, 1910 (45 U.S.C. 39)". 
45 u s e 435. 
2166 
PUBLIC LAW 93-633-JAN. 3, 1975 
[88 STAT. 
(b) Section 2 of the Act of May 6, 1910 (45 U.S.C. 39) is amended 
by adding at the end thereof the following new sentence: "In lieu of 
the foregoing, any such carrier may be required to pay a civil penalty 
pursuant to subsections (b) and (c) of section 209 of the Federal 
Kailroad Safety Act of 1970 (45 U.S.C. 438 (b)).". 
AUTHORIZATION FOR APPROPRIATIONS 
SEC. 205. Section 212 of the Federal Railroad Safety Act of 1970 
(45 U.S.C. 441) is amended to read as follows: 
"(a) There are authorized to be appropriated to carry out the pro-
visions of this Act not to exceed $35,000,000 for the fiscal year ending 
June 30,1975. 
"(b) Subject to the provisions of subsection (c), amounts appro-
priated under subsection (a) of this section shall be available for 
expenditure as follows: 
"(1) Not to exceed $18,000,000 for the Office of Safety, includ-
ing salaries and expenses for up to 350 safety inspectors and up to 
80 clerical personnel. 
"(2) Not to exceed '$3,500,000 to carry out the provisions of 
section 206(d) of this Act. 
" (3) Not to exceed $3,500,000 for the Federal Railroad Admin-
istration, for salaries and expenses not otherwise provided for. 
"(4) Not to exceed $10,000,000 for conducting research and 
development activities under this Act. 
"(c) The aggregate of amounts obligated and expended in fiscal 
year 1975 for conducting research and development activities under 
this Act shall not exceed the aggregate of amounts expended in such 
fiscal year for the investigation and enforcement of railroad safety 
rules, regulations, orders, and standards prescribed or in effect under 
this Act.". 
ENFORCEMENT 
SEC. 206. Section 208(a) of the Federal Railroad Safety Act of 
1970 (45 U.S.C. 437(a)) is amended by adding at the end thereof the 
following new sentence: "The Secretary is further authorized to 
issue orders directing compliance with this Act or with any railroad 
safety rule, regulation, order, or standard issued under this Act; the 
district courts of the United States shall have jurisdiction, upon peti-
tion by the Attorney General, to enforce such orders by appropriate 
means.". 
Independent 
TITLE III—INDEPENDENT SAFETY BOARD 
Safety Board Act 
of 1974. 
SHORT TITLE 
SEC. 301. This title may be cited as the "Independent Safety Board 
Act of 1974". 
FINDINGS 
49 use 1901 
note. 
49 use 1901, 
SEC. 302. The Congress finds and declares: 
(1) The National Transportation Safety Board was established 
49 use 1654. 
by statute in 1966 (Public Law 89-670; 80 Stat. 935) as an 
independent Government agency, located within the Department 
of Transportation, to promote transportation safety by conduct-
ing independent accident investigations and by formulating safety 
improvement recommendations. 
(2) Proper conduct of the responsibilities assigned to this Board 
requires vigorous investigation of accidents involving transporta-
tion modes regulated by other agencies of Government; demands 
88 STAT. ] 
PUBLIC LAW 93-633-JAN. 3, 1975 
2167 
continual review, appraisal, and assessment of the operating 
practices and regulations of all such agencies; and calls for the 
making of conclusions and recommendations that may be critical 
of or adverse to any such agency or its officials. No Federal 
agency can properly perform such functions unless it is totally 
separate and independent from any other department, bureau, 
commission, or agency of the United States. 
NATIONAL TRANSPOKTATION SAFETY BOARD 
49 u s e 1902,, 
SEC. 303. (a) 
ESTABLISHMENT.—The National 
Transportation 
Safety Board (hereafter in this title referred to as the "Board"), 
previously established within the Department of Transportation, shall 
be an independent agency of the United States, in accordance with this 
section, on and after April 1,1975. 
(b) ORGANIZATION.— (1) The Board shall consist of five members, Membership. 
including a Chairman. Members of the Board shall be appointed by 
the President, by and with the advice and consent of the Senate. No 
more than three members of the Board shall be of the same political 
party. At any given time, no less than two members of the Board shall 
be individuals who have been appointed in the field of accident 
reconstruction, safety engineering, or transportation safety. 
(2) The terms of office of members of the Board shall be 5 years. Term. 
except as otherwise provided in this paragraph. Any individual 
appointed to fill a vacancy occurring on the Board prior to the expira-
tion of the term of office for which his predecessor was appointed shall 
be appointed for the remainder of that term. Upon the expiration of 
his term of office, a member shall continue to serve until his successor 
is appointed and shall have qualified. Individuals serving as members 
of the National Transportation Safety Board on the date of enact-
ment of this title shall continue to serve as members of the Board 
until the expiration of their then current term of office. Any member 
of the Board may be removed by the President for inefficiency, 
neglect of duty, or malfeasance in office. 
(3) On or before January 1, 1976 (and thereafter as required), the 
President shall— 
(A) designate, by and with the advice and consent of the Senate, 
an individual to serve as the Chairman of the Board (hereafter 
in this title referred to as the "Chairman"') ; and 
(B) an individual to serve as Vice Chairman. 
The Chairman and Vice Chairman each shall serve for a term of 2 
years. The Chairman shall be the chief executive officer of the Board 
and shall exercise the executive and administrative functions of the 
Board with respect to the appointment and supervision of personnel 
employed by the Board; the distribution of business among such 
personnel and among any administrative units of the Board; and the 
use and expenditure of funds. The Vice Chairman shall act as Chair-
man in the event of the absence or incapacity of the Chairman or in 
case of a vacancy in the office of Chairman. The Chairman or Acting 
Chairman shall be governed by the general policies established by the 
Board, including any decisions, findings, determinations, rules, regu-
lations, and formal resolutions. 
(4) Three members of the Board shall constitute a quorum for the 
transaction of any function of the Board. 
(5) The Board shall establish and maintain distinct and appro-
priately staffed bureaus, divisions, or offices to investigate and report 
on accidents involving each of the following modes of transportation: 
2168 
PUBLIC LAW 93-633-JAN. 3, 1975 
[88 STAT. 
(A) aviation; (B) highway and motor vehicle; (C) railroad and 
tracked vehicle; and (D) pipeline. The Board shall, in addition, estab-
lish and maintain any other such office as is needed, including an office 
to investigate and report on the safe transportation of hazardous 
materials. 
(c) GENERAL.—(1) The General Services Administration shall fur-
nish the Board with such offices, equipment, supplies, and services as it 
is authorized to furnish to any other agency or instrumentality of the 
United States. 
(2) The Board shall have a seal which shall be judicially recognized. 
(3) Subject to the civil service and classification laws, the Board is 
authorized to select, appoint, employ, and fix the compensation of such 
officers and employees, including investigators, attorneys, and adminis-
trative law judges, as shall be necessary to carry out its powers and 
duties under this title. 
GENERAL PROVISIONS 
49 use 1903. 
gj,^_ 304. (a) DUTIES OF BOARD.—The Board shall— 
(1) investigate or cause to be investigated (in such detail as it 
shall prescribe), and determine the facts, conditions, and circum-
stances and the cause or probable cause or causes of any— 
(A) aircraft accident which is within the scope of the func-
tions, powers, and duties transferred from the Civil Aero-
nautics Board under section 6(d) of the Department of 
^^"^^^^"- 
Transportation Act (49 U.S.C. 4655(d)) pursuant to title 
VII of the Federal Aviation Act of 1958, as amended (49 
U.S.C. 1441); 
(B) highway accident, including any railroad grade cross-
ing accident, that it selects in cooperation with the States; 
(C) railroad accident in which there is a fatality, sub-
stantial property damage, or which involves a passenger 
train; 
(D) pipeline accident in which there is a fatality or sub-
stantial property damage; 
(E) major marine casualty, except one involving only 
public vessels, occurring on the navigable waters or territorial 
seas of the United States, or involving a vessel of the United 
States, in accordance with regulations to be prescribed jointly 
by the Board and the Secretary of the department in which 
the Coast Guard is operating. Nothing in this subparagraph 
shall be construed to eliminate or diminish any responsibility 
under any other Federal statute of the Secretary of the 
department in which the Coast Guard is operating: Provided^ 
That any marine accident involving a public vessel and any 
other vessel shall be investigated and the facts, conditions, 
and circumstances, and the cause or probable cause deter-
mined and made available to the public by either the Board 
or the Secretary of the Department in which the Coast Guard 
is operating; and 
(F) other accident which occurs in connection with the 
transportation of people or property^ which, in the judgment 
of the Board, is catastrophic, involves problems of a 
recurring character, or would otherwise carry out the policy 
of this title. 
Kep°'^t- 
The Board may request the Secretary of Transportation (here-
after in this title referred to as the "Secretary") to make 
investigations with regard to such accidents and to report to the 
88 STAT. ] 
PUBLIC LAW 93-633-JAN. 3, 1975 
2169 
Board the facts, conditions, and circumstances thereof (except 
in accidents where misfeasance or nonfeasance by the Federal 
Government is alleged), and the Secretary or his designees are 
authorized to make such investigations. Thereafter, the Board, 
utilizing such reports, shall make its determination of cause or 
probable cause under this paragraph; 
(2) report in writing on the facts, conditions, and circumstances ti^^ff^ "Fed^^ii"^" 
of each accident investigated pursuant to paragraph (1) of this Register, 
subsection and cause such reports to be m.ade available to the 
public at reasonable cost and to cause notice of the issuance and 
availability of such reports to be published in the Federal 
Register; 
(3) issue periodic reports to tlie Congress, Federal, State, and (.^^^"^'^^ ^°^^ 
local agencies concerned with transportation safety, and other erai, state, an<i 
interested persons recommending and advocating meaning- locai agencies. 
ful responses to reduce the likelihood of recurrence of trans-
portation accidents similar to those investigated by the Board 
and proposing corrective steps to make the transportation of 
persons as safe and free from risk of injury as is possible, includ-
ing steps to minimize human injuries from 
transportation 
accidents; 
(4) initiate and conduct special studies and special investiga-
tions on matters pertaining to safety in transportation including 
human injury avoidance; 
(5) assess and reassess techniques and methods of accident 
investigation and prepare and publish from time to time recom-
mended procedures for accident investigations; 
(6) establish by regulation requirements binding on persons 
reporting accidents subject to the Board's investigatory juris-
diction under this subsection; 
(7) evaluate, assess the effectiveness, and publish the findings 
of the Board with respect to the transportation safety conscious-
ness and efficacy in preventing accidents of other Government 
agencies; 
(8) evaluate the adequacy of safeguai'ds and procedures con-
cerning the transportation of hazardous materials and the 
performance of other Government agencies cliarged with assuring 
the safe transportation of such materials; and 
(9) review on appeal (A) the suspension, amendment, modifica-
tion, revocation, or denial of any operating certificate or license 
issued by the Secretary of Transportation under sections 602, 609, 
or 611(c) of the Federal Aviation Act of 1958 (49 U.S.C. 1422, 
1429, or 1431(c)); and (B) the decisions of the Commandant 
of the Coast Guard, on appeals from the ordei-s of any administra-
tive law judge revoking, suspending, or denying a license, certifi-
cate, document, or register in proceedings under section 4450 of 
the Revised Statutes of the United States (46 IT.S.C. 239) ; the 
Act of July 15,1954 (46 U.S.C. 239 (a) and (b)); or section 4 of Jgl''^'' ''^^'' 
the Great Lakes Pilotage Act (46 U.S.C. 216(b)). 
46 "use 2i6b. 
(b) POWERS or BOARD.— (1) The Board, or upon the authority of the 
Board, any member thereof, any administrative law judge employed 
by or assigned to the Board, or any officer or employee duly designated 
by the Chairman, may, for the purpose of carrying out tliis title, hold 
such hearings, sit and act at such times and places, administer such 
oaths, and require by subpoena or otherwise the attendance and testi-
mony of such witnesses and the production of such evidence as the 
Board or such officer or employee deems advisable. Subpoenas shall be 
issued under the signature of the Chairman, or his delegate, and may 
Inspections. 
ity 
2170 
PUBLIC LAW 93-633-JAN. 3, 1975 
[88 STAT. 
be served by any person designated by the Chairman. Witnesses sum-
moned to appear before the Board shall be paid the same fees and 
mileage that are paid witnesses in the courts of the United States. Such 
attendance of witnesses and production of evidence may be required 
from any place in the United States to any designated place of such 
hearing in the United States. 
(2) Any employee of the Board, upon presenting appropriate cre-
dentials and a written notice of inspection authority, is authorized to 
enter any property wherein a transportation accident has occurred or 
wreckage from any such accident is located and do all things therein 
necessary for a proper investigation. The employee may inspect, at 
reasonable times, records, files, papers, processes, controls, and facili-
ties relevant to the investigation of such accident. Each inspection shall 
be commenced and completed with reasonable promptness and the 
results of such inspection made available. 
(3) In case of contumacy or refusal to obey a subpoena, an order, or 
an inspection notice of the Board, or of any duly designated employee 
thereof, by any person who resides, is found, or transacts business 
within the jurisdiction of any district court of the United States, such 
district court shall, upon the request of the Board, have jurisdiction to 
issue to such person an order requiring such person to comply forth-
with. Failure to obey such an order is punishable by such court as a 
contempt of court. 
Contract author- 
^4^ 'J^^^Q Board is authorizcd to enter into, without regard to sec-
tion 3709 of the Revised Statutes of the United States (41 U.S.C. 5), 
such contracts, leases, cooperative agreements, or other transactions 
as may be necessary in the conduct of the functions and the duties of 
the Board under this title, with any government entity or any person. 
Autopsy report. 
^g^ rpj^g Board is autliorlzed to obtain, and shall be furnished, with 
or without reimbursement, a copy of the report of the autopsy per-
formed by State or local officials on any person who dies as a result of 
having been involved in a transportation accident within the jurisdic-
tion of the Board and, if necessary, the Board may order the autopsy 
or seek other tests of such persons as may be necessary to the investi-
gation of the accident: Provided, That to the extent consistent witli 
the need of the accident investigation, provisions of local law pro-
tecting religious beliefs with respect to autopsies shall be observed. 
(6) The Board is authorized to (A) use, on a reimbursable basis or 
otherwise, when appropriate, available services, equipment, personnel, 
and facilities of the Department of Transportation and of other civilian 
or military agencies and instrumentalities of the Federal Government; 
(B) confer with employees and use available services, records, and 
facilities of State, municipal, or local governments and agencies; (C) 
employ experts and consultants in accordance with section 3109 of title 
5, United States Code; (D) appoint one or more advisory committees 
composed of qualified private citizens or officials of Federal, State, or 
local governments as it deems necessary or appropriate, in accordance 
with the Federal Advisory Committee Act (5 U.S.C. App. I) ; (E) 
accept voluntary and uncompensated services notwithstanding any 
other provision of law; (F) accept gifts or donations of money or 
property (real, personal, mixed, tangible, or intangible) ; and (G) 
enter into contracts with public or private nonprofit entities for the 
conduct of studies related to any of its functions. 
Budget esti- 
//jr\ "y^heuever tile Board submlts Or trausmlts auy budgct cstimatc, 
mates, transmittal 
, 
\ 
•^ 
•, 
i i 
i 
• 
T
I
T 
• J? 
to Congress. 
budget Tcqucst, supplemental budget estimate, or other budget mtor-
mation, legislative recommendation, prepared testimony for congres-
sional hearings, or comment on legislation to the President or to the 
Office of Management and Budget, it shall concurrently transmit a 
copy thereof to the Congress. No officer or agency of the United States 
Publication in 
Federal Register. 
88 STAT. ] 
PUBLIC LAW 93-633-JAN. 3, 1975 
2171 
shall have any authority to require the Board to submit its budget 
requests or estimates, legislative recommendations, prepared testimony 
for congressional hearings, or comments on legislation to any officer or 
agency of the United States for approval, comments, or review, prior 
to the submission of such recommendations, testimony, or comments to 
the Congress. 
(8) The Board is empowered to designate representatives to serve or 
assist on such committees as the Chairman determines to be necessary 
or appropriate to maintain effective liaison with other Federal 
agencies, and with State and local government agencies, and with inde-
pendent standard-setting bodies carrying out programs and activities 
related to transportation safety. 
(9) The Board, or an employee of the Board duly designated by the 
Chairman, may conduct an inquiry to secure data with respect to any 
matter pertinent to transportation safety, upon publication of notice 
of such inquiry in the Federal Register; and may require, by special or 
general orders, Federal, State, and local government agencies and 
persons engaged in the transportation of people or property in com-
merce to submit written reports and answers to such requests and 
questions as are propounded with respect to any matter pertinent to 
any function of the Board. Such reports and answers shall be submitted 
to the Board or to such employee within such reasonable period of time 
and in such form as the Board may determine. Copies thereof shall be 
made available for inspection by the public. 
(10) Establish such rules and regulations as may be necessary to the 
^"^^^ ^"'^ '
^
®
e
u 
exercise oi its functions. 
(c) USE OF REPORTS AS EVIDENCE.—No part of any report of the 
Board, relating to any accident or the investigation thereof, shall be 
admitted as evidence or used in any suit or action for damages growing 
out of any matter mentioned in such report or reports. 
(d) JUDICIAL REVIEW.—Any order, affirmative or negative, issued 
by the Board under this title shall be subject to review by the appro-
priate court of appeals of the United States or the United States Court 
of Appeals for the District of Columbia, upon petition filed within 
60 days after the entry of such order, by any person disclosing a 
substantial interest in such order. Such review shall be conducted in 
accordance with the provisions of chapter 7 of title 5, United States 
Code. 
5 use 701. 
A N N U A L REPORT 
SEC. 305. The Board shall report to the Congress on July 1 of each 
^9 use i904. 
year. Such report shall include, but need not be limited to— 
(1) a statistical and analytical summary of the transportation 
accident investigations conducted and reviewed by the Board 
during the preceding calendar year; 
(2) a survey and summary, in such detail as the Board deems 
advisable, of the recommendations made by the Board to reduce 
the likelihood of recurrence of such accidents together with the 
observed response to each such recommendation; 
(3) an appraisal in detail of the accident investigation and acci-
dent prevention activities of other government agencies charged 
by Federal or State law with responsibility in this field; and 
(4) a biennial appraisal and evaluation and review, and 
recommendations for legislative and administrative action and 
change, with respect to transportation safety. 
2172 
PUBLIC LAW 93-633-JAN. 3, 1975 
[88 STAT. 
49 u s e 1905. 
Information 
disclosure, pro-
hibition. 
PUBLIC ACCESS TO INFORMATION 
SEC. 306. (a) GENERAL.—Copies of any communication, document, 
investigation, or other report, or information received or sent by the 
Board, or any member or employee of the Board, shall be made avail-
able to the public upon identifiable request, and at reasonable cost, 
unless such information may not be publicly released pursuant to sub-
section (b) of this section. Nothing contained in this section shall be 
deemed to require the release of any information described by subsec-
tion (b) of section 552 of title 5, United States Code, or which is 
otherwise protected by law from disclosure to the public. 
(b) EXCEPTION.—The Board shall not disclose information obtained 
under this title which concerns or relates to a trade secret referred 
to in section 1905 of title 18, United States Code, except that 
such information may be disclosed in a manner designed to preserve 
confidentiality— 
(1) upon request, to other Federal Government departments 
and agencies for official use; 
(2) upon request, to any committee of Congress having juris-
diction over the subject matter to which the information relates; 
(3) in any judicial proceeding under a court order formu-
lated to preserve the confidentiality of such information without 
impairing the proceedings; and 
(4) to the public in order to protect health and safety, after 
notice to any interested person to whom the information pertains 
and an opportunity for such person to comment in writing, or 
orally in closed session, on such proposed disclosure (if the delay 
resulting from such notice and opportunity for comment would 
not be detrimental to health and safety). 
49 u s e 1906. 
Publicati 
Federal Re gister. 
RESPONSE TO BOARD RECOMMENDATIONS 
SEC. 307. Whenever the Board submits a recommendation regard-
ing transportation safety to the Secretary, he shall respond to each such 
recommendation formally and in writing not later than 90 days 
after receipt thereof. The response to the Board by the Secretary 
shall indicate his intention to— 
(1) initiate and conduct procedures for adopting such recom-
mendation in full, pursuant to a proposed timetable, a copy of 
w^hich shall be included; 
(2) initiate and conduct procedures for adopting such recom-
mendation in part, pursuant to a proposed timetable, a copy of 
which shall be included. Such response shall set forth in detail 
the reasons for the refusal to proceed as to the remainder of such 
recommendation; or 
(3) refuse to initiate or conduct procedures for adopting such 
recommendation. Such response shall set forth in detail the reasons 
for such refusal. 
The Board shall cause notice of the issuance of each such recommenda-
tion and of each receipt of a response thereto to be published in the 
Federal Register, and shall make copies thereof available to the public 
at reasonable cost. 
88 STAT. ] 
PUBLIC LAW 93-635-JAN. 3, 1975 
2173 
CONFORMING 
AMENDMENTS 
SEC. 308. The Department of Transportation Act is amended— 
(1) by deleting section 5 (49 U.S.C. 1654); 
(2) by amending section 4(c) thereof (49 U.S.C. .1653(c)) by 
deleting "or the National Transportation Safety Board" in the 
first sentence thereof; and by deleting in the second sentence 
thereof ", the Administrators, or the National Transportation 
Safety Board." and by inserting in lieu thereof "or the Adminis-
(3) by'amending section 4(d) thereof (49 U.S.C. 1653(d)) by 
deleting ", the Administrators, and the National Transportation 
Safety 13oard" and by inserting in lieu thereof "and the Adminis-
trators". 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 309. There are authorized to be appropriated for the purposes 
of this Act not to exceed $12,000,000 for the fiscal year ending June 30, 
1975; and $12,000,000 for the fiscal year ending June 30, 1976, such 
sums to remain available until expended. 
Approved January 3, 1975. 
49 u s e 1907. 
Public Law 93-634 
AN ACT 
Designating San Angelo Dam and Reservoir on the North Concho River as the 
"O. C. Fisher Dam and Lake". 
January 3, 1974 
[H. R.15322] 
Be it enacted J)y the Senate and House of Representatives 
of the 
United States of America in Congress assernbled^ That the San Angelo 
Dam and Reservoir, North Concho River, Texas, authorized by the 
Flood Control Act approved August 18,1941, shall hereafter be known 
as the O. C. Fisher Dam and Lake, and any law, regulation, document, 
or record of the United States in which such project is designated oi' 
referred to shall be held to refer to such project under and by the name 
of "O. C. Fisher Dam and Lake". 
Approved January 3, 1975. 
San Angelo Dam 
and Reservoir, 
North Concho 
River, Tex. 
Name change. 
55 Stat. 638. 
Public Law 93-635 
AN ACT 
To make technical amendments to the Act of September 3, 1974, relating to 
salary increases for District of Columbia police, firemen, and teachers, and 
to the District of Columbia Real Property Tax Revision Act of 1974, and for 
other purposes. 
January 3, 1975 
[H. R. 16925] 
Be it enacted hy the Senate and House of Refresentatives 
of the 
United States of America in Congress assembled, That effective on 
the first day of the first pay period beginning on or after July 1, 1974, 
the salary schedule in section 101(a) of the District of Columbia 
Police and Firemen's Salary Act of 1958 (D.C. Code, sec. 4-82P>(a)) 
is amended by striking out "16,510" in service step 2 of class 4 of such 
schedule and inserting in lieu thereof "16,540". 
D.C. 
Police, firemen 
and teachers, 
salary increases; 
real property 
taxes.