Union Calendar No. 429

104TH CONGRESS

2D SESSION H. R. 3153

[Report No. 104–791]

A BILL

To amend title 49, United States Code, to exempt

weight rating of 10,000 pounds or less.ardous materials by vehicles with a gross vehiclefrom regulation the transportation of certain hazSEPTEMBER 17, 1996

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 429

104TH CONGRESS

2D SESSION H. R. 3153

[Report No. 104–791]

To amend title 49, United States Code, to exempt from regulation the

transportation of certain hazardous materials by vehicles with a gross

vehicle weight rating of 10,000 pounds or less.

IN THE HOUSE OF REPRESENTATIVES

MARCH 22, 1996

Mr. DELAY (for himself, Mr. CONDIT, Mr. DOOLEY of California, Mr. BARR

of Georgia, Mr. BISHOP, Mr. BRYANT of Tennessee, Mr. CHRISTENSEN,

Mr. CLEMENT, Mr. COBLE, Mr. COMBEST, Mr. CRAMER, Mr.

CUNNINGHAM, Mr. DORNAN, Mr. EMERSON, Mr. ENGLISH of Pennsylvania, Mr. EWING, Mr. FOLEY, Mr. HASTINGS of Washington, Mr. HAYES,

Mr. KIM, Mr. LARGENT, Mr. LATOURETTE, Mr. LEWIS of Kentucky, Mr.

LINDER, Mr. LIVINGSTON, Mr. MCINTOSH, Mr. NEY, Mr. NORWOOD, Mr.

SCARBOROUGH, Mr. TOWNS, Mr. TRAFICANT, and Mr. WAMP) introduced

the following bill; which was referred to the Committee on Transportation

and Infrastructure

SEPTEMBER 17, 1996

Additional sponsors: Mr. HILLIARD, Mr. MICA, Mr. BUNNING of Kentucky,

Mr. BAKER of Louisiana, Mr. CRAPO, Mr. HOLDEN, Mr. TANNER, Mr.

BEREUTER, Mr. BURR, Mr. DUNCAN, Mr. HOKE, Mr. CHAPMAN, Mrs.

CHENOWETH, Mr. CAMP, Mr. COOLEY of Oregon, Mr. WATTS of Oklahoma, Mr. WELDON of Florida, Mrs. THURMAN, Mr. ROHRABACHER, Mr.

PARKER, Mr. LATHAM, Mr. UPTON, Mr. PETERSON of Minnesota, Mr.

ORTIZ, Mr. GOODLATTE, Mr. CANADY of Florida, Mr. KNOLLENBERG,

and Mr. PETERSON of Florida

SEPTEMBER 17, 1996

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]
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A BILL

To amend title 49, United States Code, to exempt from

regulation the transportation of certain hazardous materials by vehicles with a gross vehicle weight rating of

10,000 pounds or less.

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

3 SECTION 1. EXEMPTION OF CERTAIN HAZARDOUS MATE4 RIAL TRANSPORTATION FROM REGULATION.

5 Section 5117 of title 49, United States Code, is

6 amended by redesignating subsections (c) and (d) as sub7 sections (d) and (e), respectively, and by inserting after

8 subsection (b) the following:

9 ‘‘(c) STATUTORY EXEMPTION.—This chapter and

10 regulations prescribed under this chapter shall not apply

11 to—

12 ‘‘(1) any vehicle with a gross vehicle weight rat13 ing of 10,000 pounds or less transporting a sub14 stance or material—

15 ‘‘(A) designated as a hazardous material

16 under this chapter (or the Hazardous Materials

17 Transportation Act) on or before January 1,

18 1996; and

19 ‘‘(B) for which placarding of a motor vehi20 cle was not required as of January 1, 1996,

21 under regulations prescribed under this chapter
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1 (or the Hazardous Materials Transportation

2 Act); and

3 ‘‘(2) any vehicle with a gross vehicle weight rat4 ing of 10,000 pounds or less transporting a sub5 stance or material designated as a hazardous mate6 rial under this chapter after January 1, 1996, unless

7 the Secretary determines that the hazardous mate8 rial poses a significant risk to health and safety or

9 property.’’.

10 SECTION 1. SHORT TITLE.

11 This Act may be cited as the ‘‘Small Business Regu12 latory Relief Act of 1996’’.

13 SEC. 2. FINDINGS.

14 Congress finds that—

15 (1) the Secretary of Transportation is consider16 ing, as part of a proposed rulemaking, expanding the

17 exceptions provided for transportation of small quan18 tities of hazardous materials from unnecessary and

19 burdensome regulations;

20 (2) the Secretary has found that certain busi21 nesses, and especially small businesses, carry small

22 quantities of hazardous materials;

23 (3) small businesses are critical in creating jobs

24 in the United States economy and can be signifi25 cantly affected by Federal regulations; and
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1 (4) regulatory relief for small businesses trans2 porting relatively small quantities of hazardous mate3 rials should be promptly acted on and the Secretary

4 has stated an intention to issue a final rule to pro5 vide this regulatory relief by December 31, 1996.

6 SEC. 3. MATERIALS OF TRADE EXCEPTIONS FROM HAZARD7 OUS MATERIALS TRANSPORTATION REQUIRE8 MENTS.

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

10 later than December 31, 1996, the Secretary of Transpor11 tation shall issue, under the rulemaking proceeding under

12 docket number HM–200, entitled ‘‘Hazardous Materials in

13 Intrastate Transportation’’, a final rule relating to mate14 rials of trade exceptions from chapter 51 of title 49, United

15 States Code, and regulations issued pursuant thereto. The

16 final rule shall substantially address the materials of trade

17 exceptions contained in the proposed rule relating to haz18 ardous materials in intrastate transportation published in

19 the Federal Register on March 20, 1996 (61 Fed. Reg.

20 11489–11490).

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

22 subsection (a) shall become effective not later than 90 days

23 after date of publication of the final rule.

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

25 date of the final rule issued under subsection (a), the Sec-
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1 retary shall provide sufficient training of inspectors to pro2 vide for implementation of the final rule.

Amend the title so as to read: ‘‘A bill to direct the

Secretary of Transportation to issue a final rule relating

to materials of trade exceptions from hazardous materials

transportation requirements.’’.