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Regulating Transportation of Hazardous Substances: Railroads and Reform, 1883–1930
Published online by Cambridge University Press: 13 December 2011
Abstract
The increase in volume of explosives and other hazardous materials transported by rail during the nineteenth century resulted in a growing number of accidents. In response, the Pennsylvania Railroad developed some of the first regulations governing the transport of such materials. In the twentieth century, a combination of enforcement difficulties and competitive pressures led the company, working through the American Railway Association, to press for industry-wide rules and enforcement, which resulted in the Association's, Bureau of Explosives. Similar motives impelled the carriers to seek federal regulation, which began in 1908. The Interstate Commerce Commission provided the legal authority in this public–private partnership, whilethe bureau took the lead in inspecting shipments, encouraging improvements in shipping techniques, and developing rules that formed the basis of all modern regulations of hazardous shipments.
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References
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17 “Report of the Committee on Conducting Transportation on the Transportation of High Explosives.”
18 Ibid., quotation on p. 3.
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20 Manufacturers of explosives are from an ARA survey in “Report of the Committee on Transportation of Explosives,” ARA Proceedings 4 (25 Oct. 1905): 446–51. The carrier with the next largest number of manufactures on its lines was the Central Railroad of New Jersey, with sixteen.
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24 One manufacturer, the Masurite Corporation, appeared to oppose the regulation, claiming that it would jeopardize the company's trade secrets. The ICC took no public stance on the bill.
25 House Committee on Interstate and Foreign Commerce, Hearings on HR 11964, quotations on pp. 4, 6, 8.
26 House Committee on Interstate and Foreign Commerce, Hearings on HR 11964, quotation on p. 20.
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29 For the Harrisburg disaster, see Interstate Commerce Commission, Accident Bulletin 16 (Washington, D.C., 1905): 10–11.Google Scholar Its cost is from ARABE, Annual Report of the Chief Inspector, 1909 (New York, 1910), app. 2.Google Scholar
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31 A search of the Reader's Guide to Periodical Literature reveals no interest in the regulation of explosives on the part of any of the popular press. Neither the New York Tribune nor the World editorialized on the Harrisburg disaster, although both reported it fully. In Boston both the Globeand Herald followed similarprocedures. In Cleveland, the Plain Dealer editorialized, in “The Harrisburg Disaster,” 12 May 1905, 8, that the accident was unavoidable. Lack of interest by both the popular press and labor groups probably reflected the comparatively few accidents that resultedfrom explosives. ICC data reveal over 120,000 injuries and fatalities from railroad operation in 1907, only 132 of which occurred from transporting explosives. For a discussion of railroadsafety during these years, see Aldrich, Mark, Safety First (Baltimore, 1997), ch. 5.Google Scholar
32 The Pennsylvania's review, which lasted all afternoon, and yielded a forty-eight-page transcript, is “Informal Discussion of Moving Explosives,” 19 May 1905, file 41, box 408, PRHM.
33 “Official Explains Wreck,” New York Times, 11 May 1905, 2.
34 “Informal Discussion of Moving Explosives,” quotation on p. 7.
35 Ibid., quotations on pp. 8, 10.
36 Ibid. The revised regulations are “General Notice 174A,” dated 19 June 1904, which superseded “General Notice 174,” dated 25 Sept. 25 1899, both in box 411, PRHM.
37 These developments are reported in “Report of the Committee on Transportation of Explosives,” ARA Proceedings 4 (25 Oct. 1905): 404–7. In the same volume, see also “Laws—High Explosives,” 463–8; and, for railroad regulations, “Compilation of Replies to Circular 603,” 470–8. That Roosevelt was involved in the decision to delegate Dunn to the ARA is recounted in Edgar Marburg, “Charles B. Dudley, Biographical Sketch,” Memorial Volume, 11–42.
38 For a biographical sketch of Dunn, see ARABE, Annual Report of the Chief Inspector, 1936 (New York, 1937), 14–15.Google Scholar I have been unable to discover whether Dunn's work as an ordnance officer had made him known to DuPont or other manufacturers.
39 For biographical data on Drinker, see National Cyclopedia of American Biography (NCAB), vol. 15, 114; for McKenna, see Who Was Who, vol. 1, 315; for Munroe, NCAB, vol. 29, 334.
40 “To the Committee on Transportation of Explosives of the American Railway Association,” and “Report of the Committee of Experts,” ARA Proceedings 4 (25 Oct. 1905): 446–51, 452–5.
41 For state and city regulations, see “Laws—High Explosives,” 463–8, and for railroad regulations, see “Compilation of Replies to Circular 603,” ARA Proceedings 4 (25 Oct. 1905): 463–8 and 470–8.
42 “Report of the Committee on Transportation of Explosives,” ARA Proceedings 4 (25 Oct. 1905): 404–7. That these rules generated no opposition at all was probably because they were voluntary and placed most of the burden on shippers.
43 “Report of the Committee on Transportation of Explosives,” ARA Proceedings 4 (19 Mar. 1906): 595–8.
44 The original bills submitted by the American Railway Association were H.R. 16011 and S. 4844. See “Report of the Committee on Transportation of Explosives,” ARA Proceedings 4 (19 Mar. 1906): 596. The 1866 law is reprinted in House Committee on Interstate and Foreign Commerce, Hearings on HR 11964; House Committee on Interstate and Foreign Commerce, Hearings on HR 7557 To Promote the Safe Transportation of Explosives (Washington, D.C., 1908).Google Scholar
45 Probably the decision to limit the scope of the bill reflected its sponsors' realization that inclusion of “other hazardous substances” might well have stirred up the entire chemical industry, as indeed occurred when the bureau later extended its rules to cover such substances (see below).
46 For the revised bill with amendments, see “Shipment of Gunpowder, etc.,” U.S. 59th Cong., 2nd Sess., H.R. Report No. 6746. This bill became the basis for S. 2611 and H.R. 7557, submitted by Representative James Sherman and Stephen Elkins in December 1907 to the 60th Congress, 1st Sess.
47 McCrea's assessment of the bill is from McCrea to Dudley, 12 Mar. 1908, presidential correspondence of A. J. Cassatt and James McCrea, 1899–1902, file 65/33, box 50, MG 286, PRSA.
48 For lobbying efforts of the Pennsylvania, see also John Cassels and S. C. Neale to MeCrea, 5 Dec. 1907, S. C. Neale to McCrea, 14 Jan. 1908, and identical letters from McCrea to Elkins, Senator John Kean, and Senator Foraker, all on 12 Mar. 1908. All in presidential correspondence of A. J. Cassatt and James McCrea, 1899–1902, file 65/33, box 50, MG 286, PRSA.
49 For the hearings see United States 60th Cong., 1st Sess., House Committee on Interstate and Foreign Commerce, Hearings on HR 7557, To Promote the Safe Transportation of Explosives (Washington, D.C., 1908).Google Scholar The ICC took no public stance on the bill.
50 For the sequence of ICC regulations and bureau rules, see “Report of the Committee on Transportation of Explosives,” ARA Proceedings 5 (19 Oct. 1908): 477–8. The rules and regulations are codified in ARA, The American Railway Association Rules and the Interstate Commerce Commission Regulations for the Transportation of Explosives and the American Railway Association Regulations for the Transportation of Inflammable Articles and Acids (1909).
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87 The data for 1914 are from ARABE, Annual Report of the Chief Inspector, 1914 (New York, 1915), table 1.Google Scholar
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90 ARABE, Annual Report of the Chief Inspector, 1919 (New York, 1920), 6.Google Scholar
91 American Railway Association Mechanical Division, Proceedings (1930), 197–233.
92 The contract with the Bureau of Standards is from American Railway Association Mechanical Division, Proceedings (1927), 423.
93 ARABE, Annual Report of the Chief Inspector, 1927 (New York, 1928), 7–8Google Scholar; Annual Report of the Chief Inspector, 1931 (New York, 1932), 6.
94 “Col. B. W. Dunn Dies,” New York Times, 11 May 1936, 19; ARABE, Annual Report of the Chief Inspector, 1936 (New York, 1937), 14–15.Google Scholar
95 U.S. Congress, Office of Technology Assessment, Transportation of Hazardous Materials (Washington, D.C., 1986), ch. 4.Google Scholar See also United States Senate Committee on Commerce, Science, and Transportation, 96th Cong., 1st sess., Hazardous Materials Transportation: A Review and Analysis of the Department of Transportation's Regulatory Program (Washington, D.C., 1979).
96 Vogel, in “The ‘New’ Social Regulation,” notes that before the 1960s such regulations arose mostly at the state and local level. Hawley, “Three Facets of Hooverian Associationalism” stresses the role of ideology.
97 The importance of invisibility in protecting associationalist arrangements is stressed by Mirandi, Paul, “Associationalism, Statism and Professional Regulation: Public Accountants and the Reform of Financial Markets, 1896–1940,” Business History Review 60 (Autumn 1986): 438–68.CrossRefGoogle Scholar
98 The changes in public policy toward both railroad safety and hazardous substances in the 1960s are beyond the scope of this paper. They are discussed in Office of Technology Assessment, Transportation of Hazardous Materials; Senate Committee on Commerce, Science, and Transportation, Hazardous Materials Transportation; and Savage, Ian, The Economics of Railroad Safety (Boston, 1998), ch. 2.CrossRefGoogle Scholar
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