II

103D CONGRESS

1ST SESSION S. 1640

To amend the Hazardous Materials Transportation Act to authorize

appropriations to carry out that Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 8 (legislative day, NOVEMBER 2), 1993

Mr. EXON introduced the following bill; which was read twice and referred to

the Committee on Commerce, Science, and Transportation

A BILL

To amend the Hazardous Materials Transportation Act to

authorize appropriations to carry out that Act, and for

other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Hazardous Materials

5 Transportation Authorization Act of 1993’’.

6 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

7 Section 115(a) of the Hazardous Materials Transpor8 tation Act (49 App. U.S.C. 1812(a)) is amended by strik9 ing all after ‘‘not to exceed’’ and inserting in lieu thereof
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1 ‘‘$12,600,000 for fiscal year 1994, $13,100,000 for fiscal

2 year 1995, and $13,600,000 for fiscal year 1996.’’.

3 SEC. 3. EXEMPTIONS FROM REQUIREMENT TO FILE REG4 ISTRATION STATEMENT.

5 Section 106(c) of the Hazardous Materials Transpor6 tation Act (49 App. U.S.C. 1805(c)) is amended by adding

7 at the end the following new paragraph:

8 ‘‘(16) FOREIGN OFFERORS.—A person who is

9 domiciled outside the United States and who offers,

10 solely from a location outside the United States,

11 hazardous materials for transportation in commerce

12 does not have to file a registration statement under

13 this subsection.’’.

14 SEC. 4. PLANNING GRANTS FOR INDIAN TRIBES.

15 (a) AUTHORITY TO MAKE GRANTS.—Section

16 117A(a)(1) of the Hazardous Materials Transportation

17 Act (49 App. U.S.C. 1815(a)(1)) is amended—

18 (1) in the introductory matter, by inserting

19 ‘‘and Indian tribes’’ immediately after ‘‘States’’; and

20 (2) in subparagraph (A), by striking ‘‘within a

21 State and between a State and another State’’ and

22 inserting in lieu thereof ‘‘within the lands under the

23 jurisdiction of a State or Indian tribe, and between

24 the lands under the jurisdiction of a State or Indian
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1 tribe and the lands of another State or Indian

2 tribe’’.

3 (b) MAINTENANCE OF EFFORT.—Section 117A(a)(2)

4 of the Hazardous Materials Transportation Act (49 App.

5 U.S.C. 1815(a)(2)) is amended by inserting ‘‘or Indian

6 tribe’’ immediately after ‘‘State’’ each place it appears.

7 (c) COORDINATION OF PLANNING.—Section 117A(a)

8 of the Hazardous Materials Transportation Act (49 App.

9 U.S.C. 1815(a)) is amended by adding at the end the fol10 lowing new paragraph:

11 ‘‘(4) COORDINATION OF PLANNING.—A State or

12 Indian tribe receiving a grant under this subsection

13 shall ensure that planning under the grant is coordi14 nated with emergency planning conducted by adja15 cent States and Indian tribes.’’.

16 SEC. 5. TRAINING CRITERIA FOR SAFE HANDLING AND

17 TRANSPORTATION.

18 Section 106(b)(3) of the Hazardous Materials Trans19 portation Act (49 App. U.S.C. 1805(b)(3)) is amended—

20 (1) in the paragraph heading, by striking

21 ‘‘EMERGENCY RESPONSE’’ and insert in lieu thereof

22 ‘‘EMPLOYEE’’;

23 (2) by inserting ‘‘or duplicate’’ immediately

24 after ‘‘conflict with’’; and
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1 (3) by striking all after ‘‘Labor relating to’’

2 through ‘‘(and amendments thereto) and’’ and in3 serting in lieu thereof ‘‘hazard communication, and

4 hazardous waste operations and emergency response,

5 contained in part 1910 of title 29 of the Code of

6 Federal Regulations (and amendments thereto) or’’.

7 SEC. 6. DISCLOSURE OF FEES LEVIED BY STATES, POLITI8 CAL SUBDIVISIONS, AND INDIAN TRIBES.

9 Section 112(b) of the Hazardous Materials Transpor10 tation Act (49 App. U.S.C. 1811(b)) is amended—

11 (1) by inserting immediately after ‘‘(b) FEES.—

12 ’’ the following heading:

13 ‘‘(1) RESTRICTION.—’’; and

14 (2) by adding at the end the following new

15 paragraph:

16 ‘‘(2) DISCLOSURE.—A State or political sub17 division thereof or Indian tribe that levies a fee in

18 connection with the transportation of hazardous ma19 terials shall, upon the Secretary’s request, report to

20 the Secretary on—

21 ‘‘(A) the basis on which the fee is levied

22 upon persons involved in such transportation;

23 ‘‘(B) the purposes for which the revenues

24 from the fee are used;
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1 ‘‘(C) the annual total amount of the reve2 nues collected from the fee; and

3 ‘‘(D) such other matters as the Secretary

4 requests.’’.

5 SEC. 7. ANNUAL REPORT.

6 Section 109 of the Hazardous Materials Transpor7 tation Act (49 App. U.S.C. 1808(e)) is amended by strik8 ing the first sentence and inserting in lieu thereof the fol9 lowing: ‘‘The Secretary shall, once every 2 years, prepare

10 and submit to the President for transmittal to the Con11 gress a comprehensive report on the transportation of haz12 ardous materials during the preceding 2 calendar years.’’.

13 SEC. 8. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.

14 In implementing the Intelligent Vehicle-Highway Sys15 tems Act of 1991 (23 U.S.C. 307 note), the Secretary of

16 Transportation shall ensure that the National Intelligent

17 Vehicle-Highway Systems Program addresses, in a com18 prehensive and coordinated manner, the use of intelligent

19 vehicle-highway system technologies to promote hazardous

20 materials transportation safety. The Secretary of Trans21 portation shall ensure that one or more operational tests

22 funded under such Act shall promote such safety and ad23 vance technology for providing information to persons who

24 provide emergency response to hazardous materials trans25 portation incidents.
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1 SEC. 9. RAIL TANK CAR SAFETY.

2 Not later than 1 year after the date of enactment

3 of this Act, the Secretary of Transportation shall issue

4 final regulations under the following:

5 (1) The rulemaking proceeding under Docket

6 HM–175A entitled ‘‘Crashworthiness Protection Re7 quirements for Tank Cars’’.

8 (2) The rulemaking proceeding under Docket

9 HM–201 entitled ‘‘Detection and Repair of Cracks,

10 Pits, Corrosion, Lining Flaws, Thermal Protection

11 Flaws and Other Defects of Tank Car Tanks’’.

12 SEC. 10. SAFE PLACEMENT OF TRAIN CARS.

13 The Secretary of Transportation shall conduct a

14 study of existing practices regarding the placement of cars

15 on trains, with particular attention to the placement of

16 cars that carry hazardous materials. In conducting the

17 study, the Secretary shall consider whether such place18 ment practices increase the risk of derailment, hazardous

19 materials spills, or tank ruptures or have any other ad20 verse effect on safety. The results of the study shall be

21 submitted to Congress within 1 year after the date of en22 actment of this Act.

23 SEC. 11. GRADE CROSSING SAFETY.

24 The Secretary of Transportation shall, within 6

25 months after the date of enactment of this Act, amend

26 regulations—
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1 (1) under the Hazardous Materials Transpor2 tation Act (49 App. U.S.C. 1801 et seq.) to prohibit

3 the driver of a motor vehicle transporting hazardous

4 materials in commerce, and

5 (2) under the Motor Carrier Safety Act of 1984

6 (49 App. U.S.C. 2501 et seq.) to prohibit the driver

7 of any commercial motor vehicle,

8 from driving the motor vehicle onto a highway-rail grade

9 crossing without having sufficient space to drive com10 pletely through the crossing without stopping.

11 SEC. 12. DRIVER’S RECORD OF DUTY STATUS.

12 (a) IN GENERAL.—Not later than 6 months after the

13 date of enactment of this Act, the Secretary of Transpor14 tation shall promulgate regulations amending section

15 395.8(k) of title 49, Code of Federal Regulations, to re16 quire that any supporting document bearing on the record

17 of duty status of a driver who operates a commercial

18 motor vehicle—

19 (1) be retrained, by the motor carrier using

20 such driver, for at least 6 months following its re21 ceipt of such document; and

22 (2) include information identifying the driver

23 and vehicle related to the document.

24 (b) DEFINITION.—In this section, the term ‘‘support25 ing document’’ means any electronic or paper document
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1 or record generated in the normal course of business, in

2 the provision of transportation by commercial motor vehi3 cle, that could be used by a safety inspector or motor car4 rier to verify the accuracy of entries in a driver’s record

5 of duty status, including trip reports, pay slips, bills of

6 lading or shipping papers, and receipts for fuel, lodging,

7 and tolls.

8 SEC. 13. SAFETY PERFORMANCE HISTORY OF NEW DRIV9 ERS.

10 (a) AMENDMENT OF REGULATIONS.—Within 18

11 months after the date of enactment of this Act, the Sec12 retary of Transportation shall amend section 391.23 of

13 title 49, Code of Federal Regulations, to—

14 (1) specify the safety information that must be

15 sought under that section by a motor carrier with

16 respect to a driver;

17 (2) require that such information be requested

18 from former employers and that former employers

19 furnish the requested information within 30 days

20 after receiving the request; and

21 (3) ensure that the driver to whom such infor22 mation applies has a reasonable opportunity to re23 view and comment on the information.
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1 (b) SAFETY INFORMATION.—The safety information

2 required to be specified under subsection (a)(1) shall in3 clude information on—

4 (1) any motor vehicle accidents in which the

5 driver was involved during the preceding 3 years;

6 (2) any failure of the driver, during the preced7 ing 3 years, to undertake or complete a rehabilita8 tion program under section 12020 of the Commer9 cial Motor Vehicle Safety Act of 1986 (49 App.

10 U.S.C. 2701) after being found to have used, in vio11 lation of law or Federal regulation, alcohol or a con12 trolled substance;

13 (3) any use by the driver, during the preceding

14 3 years, in violation of law or Federal regulation, of

15 alcohol or a controlled substance subsequent to com16 pleting such a rehabilitation program; and

17 (4) any other matters determined by the Sec18 retary of Transportation to be appropriate and use19 ful for determining the driver’s safety performance.

20 (c) FORMER EMPLOYER.—For purposes of this sec21 tion, a former employer is any person who employed the

22 driver in the preceding 3 years.

23 SEC. 14. RETENTION OF SHIPPING PAPERS.

24 (a) AMENDMENT.—Section 105(g) of the Hazardous

25 Materials Transportation Act (49 U.S.C. 1804(g)) is
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1 amended by adding at the end the following new para2 graph:

3 ‘‘(5) RETENTION OF PAPERS.—After the haz4 ardous material to which a shipping paper provided

5 to a carrier under paragraph (1) applies is no longer

6 in transportation, the person who provided the ship7 ping paper and the carrier required to maintain it

8 under paragraph (1) shall retain the paper at their

9 respective principal places of business. Such person

10 and carrier shall, upon request, make the shipping

11 paper available to a Federal, State, or local govern12 ment agency at reasonable times and locations.’’.

13 (b) REGULATIONS.—Not later than 6 months after

14 the date of enactment of this Act, the Secretary of Trans15 portation shall issue regulations implementing the require16 ments of paragraph (5) of section 105(g) of the Hazard17 ous Materials Transportation Act, as added by subsection

18 (a) of this section.

19 SEC. 15. TOLL FREE NUMBER FOR REPORTING.

20 The Secretary of Transportation shall establish a toll

21 free ‘‘800’’ telephone number for transporters of hazard22 ous materials and other individuals to report to the Sec23 retary possible violations of the Hazardous Materials

24 Transportation Act (49 App. U.S.C. 1801 et seq.) or any

25 order or regulation issued under this Act.
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1 SEC. 16. TECHNICAL CORRECTIONS.

2 (a) AMENDMENTS RELATING TO PACKAGING.—(1)

3 Sections 103(5)(B), 103(6)(A)(iii), and 109(c) of the Haz4 ardous Materials Transportation Act (49 App. U.S.C.

5 1802(5)(B), 1802(6)(A)(iii), 1808(c)) are each amended

6 by striking ‘‘packages’’ and inserting in lieu thereof

7 ‘‘packaging’’.

8 (2) Sections 105(a)(3), 105(a)(4)(B)(v), 110(a)(1),

9 and 120 of the Hazardous Materials Transportation Act

10 (49 App. U.S.C. 1804(a)(3), 1804(a)(4)(B)(v),

11 1809(a)(1), 1818) are each amended by striking ‘‘a pack12 age’’ and inserting in lieu thereof ‘‘packaging’’.

13 (3) Sections 106(c)(1)(B) of the Hazardous Materials

14 Transportation Act (49 App. U.S.C. 1805(c)(1)(B)) is

15 amended—

16 (A) by striking ‘‘a bulk package’’ and inserting

17 in lieu thereof ‘‘bulk packaging’’; and

18 (B) by striking ‘‘the package’’ and inserting in

19 lieu thereof ‘‘the bulk packaging’’.

20 (b) OTHER.—(1) Section 105(a)(3) of the Hazardous

21 Materials Transportation Act (49 App. U.S.C.

22 1804(a)(3)) is amended by inserting ‘‘hazardous mate23 rials’’ immediately after ‘‘shipped’’.

24 (2) Section 105(e)(1) of the Hazardous Materials

25 Transportation Act (49 App. U.S.C. 1804(e)(1)) is

26 amended by striking ‘‘or package’’ and inserting in lieu
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1 thereof ‘‘, package, or packaging (or a component of a con2 tainer, package, or packaging)’’.

3 SEC. 17. EXEMPTION FROM HOURS OF SERVICE REQUIRE4 MENTS.

5 The Secretary of Transportation shall exempt farm6 ers and retail farm supplies from the hours of service re7 quirements contained in section 395.3 of title 49, Code

8 of Federal Regulations, when such farmers and retail farm

9 supplies are transporting farm supplies for agricultural

10 purposes within a 50-mile radius of their distribution

11 point during the crop-planting season.

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