II

104TH CONGRESS

2D SESSION H. R. 3153

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 24 (legislative day, SEPTEMBER 20), 1996

Received

AN ACT

To direct the Secretary of Transportation to issue a final

rule relating to materials of trade exceptions from hazardous materials transportation requirements.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 3153 RDS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Small Business Trans3 port Correction Advancement Act of 1996’’.

4 SEC. 2. FINDINGS.

5 Congress finds that—

6 (1) the Secretary of Transportation is consider7 ing, as part of a proposed rulemaking, expanding the

8 exceptions provided for transportation of small quan9 tities of hazardous materials from unnecessary and

10 burdensome regulations;

11 (2) the Secretary has found that certain busi12 nesses, and especially small businesses, carry small

13 quantities of hazardous materials;

14 (3) small businesses are critical in creating jobs

15 in the United States economy and can be signifi16 cantly affected by Federal regulations; and

17 (4) regulatory relief for small businesses trans18 porting relatively small quantities of hazardous ma19 terials should be promptly acted on and the Sec20 retary has stated an intention to issue a final rule

21 to provide this regulatory relief by December 31,

22 1996.
3

HR 3153 RDS

1 SEC. 3. MATERIALS OF TRADE EXCEPTIONS FROM HAZARD2 OUS MATERIALS TRANSPORTATION RE3 QUIREMENTS.

4 (a) DEADLINE FOR ISSUANCE OF FINAL RULE.—Not

5 later than December 31, 1996, the Secretary of Transpor6 tation shall issue, under the rulemaking proceeding under

7 docket number HM–200, entitled ‘‘Hazardous Materials

8 in Intrastate Transportation’’, a final rule relating to ma9 terials of trade exceptions from chapter 51 of title 49,

10 United States Code, and regulations issued pursuant

11 thereto. The final rule shall substantially address the ma12 terials of trade exceptions contained in the proposed rule

13 relating to hazardous materials in intrastate transpor14 tation published in the Federal Register on March 20,

15 1996 (61 Fed. Reg. 11489–11490).

16 (b) EFFECTIVE DATE.—The final rule issued under

17 subsection (a) shall become effective not later than 90

18 days after date of publication of the final rule.

19 (c) TRAINING OF INSPECTORS.—Before the effective

20 date of the final rule issued under subsection (a), the Sec21 retary shall provide sufficient training of inspectors to pro22 vide for implementation of the final rule.
4

HR 3153 RDS

1 SEC. 4. FARM-RELATED EXCEPTIONS FROM HAZARDOUS

2 MATERIALS TRANSPORTATION REQUIRE3 MENTS.

4 Any provision of a final rule relating to intrastate

5 transportation of hazardous materials issued under the

6 rulemaking proceeding under docket number HM–200

7 that prohibits States from granting exceptions for not-for8 hire intrastate transportation by farmers and farm-related

9 service industries shall not take effect with respect to not10 for-hire intrastate transportation by farmers and farm-re11 lated service industries before the earlier of—

12 (1) the date of the enactment of a law which

13 authorizes appropriations to carry out chapter 51 of

14 title 49, United States Code, for fiscal year 1998; or

15 (2) the 180th day following the effective date of

16 the final rule.

Passed the House of Representatives September 24,

1996.

Attest: ROBIN H. CARLE,

Clerk.