Calendar No. 347

103D CONGRESS

1ST SESSION S. 1640

[Report No. 103–217]

A BILL

To amend the Hazardous Materials Transportation

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

DECEMBER 9, 1993

Reported with amendments
II

Calendar No. 347

103D CONGRESS

1ST SESSION S. 1640

[Report No. 103–217]

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

DECEMBER 9, 1993

Reported under authority of the order of the Senate of November 17

(legislative day, November 2), 1993 by Mr. HOLLINGS, with amendments

[Omit the part struck through and insert the part printed in italic]

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’’.
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1 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

2 Section 115(a) of the Hazardous Materials Transpor3 tation Act (49 App. U.S.C. 1812(a)) is amended by strik4 ing all after ‘‘not to exceed’’ and inserting in lieu thereof

5 ‘‘$12,600,000 for fiscal year 1994, $13,100,000 for fiscal

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

7 SEC. 3. EXEMPTIONS FROM REQUIREMENT TO FILE REG8 ISTRATION STATEMENT.

9 Section 106(c) of the Hazardous Materials Transpor10 tation Act (49 App. U.S.C. 1805(c)) is amended by adding

11 at the end the following new paragraph:

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

13 domiciled outside the United States and who offers,

14 solely from a location outside the United States,

15 hazardous materials for transportation in commerce

16 does not have to file a registration statement under

17 this subsection.’’.

18 SEC. 4. PLANNING GRANTS FOR INDIAN TRIBES.

19 (a) AUTHORITY TO MAKE GRANTS.—Section

20 117A(a)(1) of the Hazardous Materials Transportation

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

22 (1) in the introductory matter, by inserting

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

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

25 State and between a State and another State’’ and

26 inserting in lieu thereof ‘‘within the lands under the
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1 jurisdiction of a State or Indian tribe, and between

2 the lands under the jurisdiction of a State or Indian

3 tribe and the lands of another State or Indian

4 tribe’’.

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

6 of the Hazardous Materials Transportation Act (49 App.

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

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

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

10 of the Hazardous Materials Transportation Act (49 App.

11 U.S.C. 1815(a)) is amended by adding at the end the fol12 lowing new paragraph:

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

14 Indian tribe receiving a grant under this subsection

15 shall ensure that planning under the grant is coordi16 nated with emergency planning conducted by adja17 cent States and Indian tribes.’’.

18 SEC. 5. TRAINING CRITERIA FOR SAFE HANDLING AND

19 TRANSPORTATION.

20 Section 106(b)(3) of the Hazardous Materials Trans21 portation Act (49 App. U.S.C. 1805(b)(3)) is amended—

22 (1) in the paragraph heading, by striking

23 ‘‘EMERGENCY RESPONSE’’ and insert inserting in

24 lieu thereof ‘‘EMPLOYEE’’;
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1 (2) by inserting ‘‘or duplicate’’ immediately

2 after ‘‘conflict with’’; and

3 (3) by striking all after ‘‘Labor relating to’’

4 through ‘‘(and amendments thereto) and’’ and in5 serting in lieu thereof ‘‘hazard communication, and

6 hazardous waste operations and emergency response,

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

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

9 SEC. 6. DISCLOSURE OF FEES LEVIED BY STATES, POLITI10 CAL SUBDIVISIONS, AND INDIAN TRIBES.

11 Section 112(b) of the Hazardous Materials Transpor12 tation Act (49 App. U.S.C. 1811(b)) is amended—

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

14 ’’ the following heading:

15 ‘‘(1) RESTRICTION.—’’; and

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

17 paragraph:

18 ‘‘(2) DISCLOSURE.—A State or political sub19 division thereof or Indian tribe that levies a fee in

20 connection with the transportation of hazardous ma21 terials shall, upon the Secretary’s request, report to

22 the Secretary on—

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

24 upon persons involved in such transportation;
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1 ‘‘(B) the purposes for which the revenues

2 from the fee are used;

3 ‘‘(C) the annual total amount of the reve4 nues collected from the fee; and

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

6 requests.’’.

7 SEC. 7. ANNUAL REPORT.

8 Section 109 of the Hazardous Materials Transpor9 tation Act (49 App. U.S.C. 1808(e)) is amended by strik10 ing the first sentence and inserting in lieu thereof the fol11 lowing: ‘‘The Secretary shall, once every 2 years, prepare

12 and submit to the President for transmittal to the Con13 gress a comprehensive report on the transportation of haz14 ardous materials during the preceding 2 calendar years.’’.

15 SEC. 8. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.

16 In implementing the Intelligent Vehicle-Highway Sys17 tems Act of 1991 (23 U.S.C. 307 note), the Secretary of

18 Transportation shall ensure that the National Intelligent

19 Vehicle-Highway Systems Program addresses, in a com20 prehensive and coordinated manner, the use of intelligent

21 vehicle-highway system technologies to promote hazardous

22 materials transportation safety. The Secretary of Trans23 portation shall ensure that one or more operational tests

24 funded under such Act shall promote such safety and ad25 vance technology for providing information to persons who
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1 provide emergency response to hazardous materials trans2 portation incidents.

3 SEC. 9. RAIL TANK CAR SAFETY.

4 Not later than 1 year after the date of enactment

5 of this Act, the Secretary of Transportation shall issue

6 final regulations under the following:

7 (1) The rulemaking proceeding under Docket

8 HM–175A entitled ‘‘Crashworthiness Protection Re9 quirements for Tank Cars’’.

10 (2) The rulemaking proceeding under Docket

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

12 Pits, Corrosion, Lining Flaws, Thermal Protection

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

14 SEC. 10. SAFE PLACEMENT OF TRAIN CARS.

15 The Secretary of Transportation shall conduct a

16 study of existing practices regarding the placement of cars

17 on trains, with particular attention to the placement of

18 cars that carry hazardous materials. In conducting the

19 study, the Secretary shall consider whether such place20 ment practices increase the risk of derailment, hazardous

21 materials spills, or tank ruptures or have any other ad22 verse effect on safety. The results of the study shall be

23 submitted to Congress within 1 year after the date of en24 actment of this Act.
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1 SEC. 11. GRADE CROSSING SAFETY.

2 The Secretary of Transportation shall, within 6

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

4 regulations—

5 (1) under the Hazardous Materials Transpor6 tation Act (49 App. U.S.C. 1801 et seq.) to prohibit

7 the driver of a motor vehicle transporting hazardous

8 materials in commerce, and

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

10 (49 App. U.S.C. 2501 et seq.) to prohibit the driver

11 of any commercial motor vehicle,

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

13 crossing without having sufficient space to drive com14 pletely through the crossing without stopping.

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

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

17 date of enactment of this Act, the Secretary of Transpor18 tation shall promulgate regulations amending section

19 395.8(k) of title 49, Code of Federal Regulations, to re20 quire that any supporting document bearing on the record

21 of duty status of a driver who operates a commercial

22 motor vehicle—

23 (1) be retrained, retained, by the motor carrier

24 using such driver, for at least 6 months following its

25 receipt of such document; and
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1 (2) include information identifying the driver

2 and vehicle related to the document.

3 (b) DEFINITION.—In this section, the term ‘‘support4 ing document’’ means any electronic or paper document

5 or record generated in the normal course of business, in

6 the provision of transportation by commercial motor vehi7 cle, that could be used by a safety inspector or motor car8 rier to verify the accuracy of entries in a driver’s record

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

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

11 and tolls.

12 SEC. 13. SAFETY PERFORMANCE HISTORY OF NEW DRIV13 ERS.

14 (a) AMENDMENT OF REGULATIONS.—Within 18

15 months after the date of enactment of this Act, the Sec16 retary of Transportation shall amend section 391.23 of

17 title 49, Code of Federal Regulations, to—

18 (1) specify the safety information that must be

19 sought under that section by a motor carrier with

20 respect to a driver;

21 (2) require that such information be requested

22 from former employers and that former employers

23 furnish the requested information within 30 days

24 after receiving the request; and
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1 (3) ensure that the driver to whom such infor2 mation applies has a reasonable opportunity to re3 view and comment on the information.

4 (b) SAFETY INFORMATION.—The safety information

5 required to be specified under subsection (a)(1) shall in6 clude information on—

7 (1) any motor vehicle accidents in which the

8 driver was involved during the preceding 3 years;

9 (2) any failure of the driver, during the preced10 ing 3 years, to undertake or complete a rehabilita11 tion program under section 12020 of the Commer12 cial Motor Vehicle Safety Act of 1986 (49 App.

13 U.S.C. 2701) after being found to have used, in vio14 lation of law or Federal regulation, alcohol or a con15 trolled substance;

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

17 3 years, in violation of law or Federal regulation, of

18 alcohol or a controlled substance subsequent to com19 pleting such a rehabilitation program; and

20 (4) any other matters determined by the Sec21 retary of Transportation to be appropriate and use22 ful for determining the driver’s safety performance.

23 (c) FORMER EMPLOYER.—For purposes of this sec24 tion, a former employer is any person who employed the

25 driver in the preceding 3 years.
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1 SEC. 14. RETENTION OF SHIPPING PAPERS.

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

3 Materials Transportation Act (49 U.S.C. 1804(g)) is

4 amended by adding at the end the following new para5 graph:

6 ‘‘(5) RETENTION OF PAPERS.—After the haz7 ardous material to which a shipping paper provided

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

9 in transportation, the person who provided the ship10 ping paper and the carrier required to maintain it

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

12 respective principal places of business. Such person

13 and carrier shall, upon request, make the shipping

14 paper available to a Federal, State, or local govern15 ment agency at reasonable times and locations.’’.

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

17 the date of enactment of this Act, the Secretary of Trans18 portation shall issue regulations implementing the require19 ments of paragraph (5) of section 105(g) of the Hazard20 ous Materials Transportation Act, as added by subsection

21 (a) of this section.

22 SEC. 15. TOLL FREE NUMBER FOR REPORTING.

23 The Secretary of Transportation shall establish a toll

24 free ‘‘800’’ telephone number for transporters of hazard25 ous materials and other individuals to report to the Sec26 retary possible violations of the Hazardous Materials
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1 Transportation Act (49 App. U.S.C. 1801 et seq.) or any

2 order or regulation issued under this Act.

3 SEC. 16. TECHNICAL CORRECTIONS.

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

5 Sections 103(5)(B), 103(6)(A)(iii), and 109(c) of the Haz6 ardous Materials Transportation Act (49 App. U.S.C.

7 1802(5)(B), 1802(6)(A)(iii), 1808(c)) are each amended

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

9 ‘‘packaging’’.

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

11 and 120 of the Hazardous Materials Transportation Act

12 (49 App. U.S.C. 1804(a)(3), 1804(a)(4)(B)(v),

13 1809(a)(1), 1818) are each amended by striking ‘‘a pack14 age’’ and inserting in lieu thereof ‘‘packaging’’. ‘‘a packag15 ing’’.

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

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

18 amended—

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

20 in lieu thereof ‘‘bulk ‘‘a bulk packaging’’; and

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

22 lieu thereof ‘‘the bulk packaging’’.

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

24 Materials Transportation Act (49 App. U.S.C.
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1 1804(a)(3)) is amended by inserting ‘‘hazardous mate2 rials’’ immediately after ‘‘shipped’’.

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

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

5 amended by striking ‘‘or package’’ and inserting in lieu

6 thereof ‘‘, package, or packaging (or a component of a con7 tainer, package, or packaging)’’.

8 SEC. 17. EXEMPTION FROM HOURS OF SERVICE REQUIRE9 MENTS.

10 The Secretary of Transportation shall exempt farm11 ers and retail farm supplies from the hours of service re12 quirements contained in section 395.3 of title 49, Code

13 of Federal Regulations, when such farmers and retail farm

14 supplies are transporting farm supplies for agricultural

15 purposes within a 50-mile radius of their distribution

16 point during the crop-planting season.