Special Message to the Congress Transmitting Reorganization Plan 3 of 1965: Locomotive Inspection

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 3 of 1965, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for reorganization of the locomotive inspection activities of certain personnel employed by or attached to the Interstate Commerce Commission.

I have stressed that we must reorganize and modernize the Government's organization structure in order to focus responsibilities, increase efficiency, and meet present day needs more effectively. The reorganization plan, which accords with recommendations made to me by the Interstate Commerce Commission, supports these objectives. It will make possible necessary changes in the organization and administration of the Commission's railroad safety operations.

The Commission's ability to organize and carry out most effectively its responsibilities for railroad safety is now severely limited by certain anachronistic provisions of the locomotive inspection statutes. These provisions go back to an earlier period before steam locomotives were replaced almost completely by diesel engines. At that time locomotive boilers were temperamental and dangerous and special measures were required to enforce adequate safety standards. Present law specifies in detail the method of appointing locomotive inspectors, the functions to be performed by them, and the organization structure for administering inspection activities. While these provisions may have been suited to conditions 50 years ago, they are dearly inappropriate today.

Progress in railroad technology has not eliminated the need for locomotive inspection. Locomotive inspection is still essential for the safety of employees, passengers and cargo. The Interstate Commerce Commission, however, properly should not be held to account for the performance of this important function as long as it lacks authority to make those changes in organization and operations which it deems necessary to meet current safety needs and to promote maximum economy and efficiency. The primary purpose of the accompanying reorganization plan is to terminate outdated arrangements which now stand in the way of the most effective management of the Commission's railroad safety program.

Organizational flexibility is at present restricted by the statutory requirement that there be 50 locomotive inspection districts and at least one inspector for each such district. The number of inspectors and districts cannot be adjusted to accommodate to changes in workload or other relevant factors.

Locomotive inspection is rigidly separated from related railroad safety activities performed under the Interstate Commerce Commission. The locomotive inspection statutes restrict inspectors of locomotives to the inspection of locomotives only and prevent the inspection of locomotives (except brakes and safety appliances) by other Commission railroad safety personnel. Thus, the Commission is prevented from making the most effective utilization of its total staff of locomotive and train inspectors. In order to eliminate the present uneconomical duplicate visits to railroad yards and otherwise to promote the most economical and effective administration of its railroad safety responsibilities, the Commission should have the authority to assign staff to duties for which they may be qualified by training and experience. The reorganization plan will make this possible.

Organizational flexibility is hampered further by the provision for Presidential appointment and Senate confirmation of a director and two assistant directors of locomotive inspection. Originally, these officials were to be selected with reference to their practical knowledge of the construction and repair of boilers. Later amendments broadened their responsibilities to embrace all parts of the locomotive and tender. These clearly are not policy-making positions, warranting Presidential appointment. As is now the case with other comparable positions where appointments should be based primarily on professional and technical qualifications, personnel supervising locomotive inspection functions should be appointed under the classified civil service.

By eliminating the present cumbersome restrictions on inspection districts, the duties of locomotive inspectors, and the appointment of the director and assistant directors of locomotive inspection, the plan will make it possible for the Commission to utilize its personnel more efficiently, integrate the work performed by locomotive inspectors with that performed by other Commission railroad safety inspectors, and take full advantage of recent improvements in the organization of the Commission's central office and field activities.

Upon the taking effect of the reorganization plan:

1. All functions of the director of locomotive inspection, the assistant directors of locomotive inspection, and district locomotive inspectors will be transferred to the Interstate Commerce Commission. Suitable powers of delegation with respect to the functions so transferred will be conferred upon the Commission.

2. The position of director of locomotive inspection, the two positions of assistant director of locomotive inspection, and all positions of district locomotive inspector will be abolished. The Commission will be required to appoint to a position under the classified civil service, as provided in the reorganization plan, each person who immediately prior to the taking effect of the plan held the office of district inspector of locomotives; such appointments will be deemed to be made without any break in service.

3. The function of dividing the territory comprising the several States and the District of Columbia into 50 locomotive boiler-inspection districts will be abolished.

After investigation, I have found and hereby declare that each reorganization included in the reorganization plan transmitted herewith is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I have also found and hereby declare that, by reason of the reorganizations made by the reorganization plan, it is necessary to include in the plan the provisions contained in section 5 thereof. The rates of compensation thereunder are those which I have found to prevail in respect of comparable positions in the executive branch of the Government.

The statutory authority for the exercise of the functions to be abolished by section 2(b) of the reorganization plan is contained in section 4 of the Act of February 17, 1911, ch. 103, 36 Stat. 914, as amended.

The reorganizations provided for in the reorganization plan will produce some immediate savings and significant long-range economies. The latter will result from future improvements in the organization and administration of the affected functions made possible by the plan. Since the plan will open the way for the more effective utilization of safety inspection staffs of the Interstate Commerce Commission, it will yield a significantly increased measure of safety inspection activity for each dollar spent for this purpose. It is, however, impracticable to specify or itemize at this time the reductions of expenditures which it is probable will be brought about by the taking effect of the reorganizations included in the reorganization plan.

Under the accompanying reorganization plan, all essential Government railroad safety services to the traveling public and employees will continue to be performed. The plan provides urgently needed modernization of the organization and procedures in the Interstate Commerce Commission's railroad safety program. I recommend that the Congress allow the reorganization plan to become effective.

LYNDON B. JOHNSON