< Back to H.R. 3460 (103rd Congress, 1993–1994)

Text of the Hazardous Materials Transportation Act Reauthorization Amendments of 1993

This bill was introduced on November 9, 1993, in a previous session of Congress, but was not enacted. The text of the bill below is as of Nov 8, 1993 (Introduced).

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HR 3460 IH

103d CONGRESS

1st Session

H. R. 3460

To amend the Hazardous Materials Transportation Act to authorize appropriations for fiscal years 1994, 1995, 1996, 1997, and 1998, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

November 8, 1993

Mr. RAHALL (for himself and Mr. SHUSTER) introduced the following bill; which was referred jointly to the Committees on Energy and Commerce and Public Works and Transportation


A BILL

To amend the Hazardous Materials Transportation Act to authorize appropriations for fiscal years 1994, 1995, 1996, 1997, and 1998, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Hazardous Materials Transportation Act Reauthorization Amendments of 1993’.

SEC. 2. DEFINITIONS.

    Section 103 of the Hazardous Materials Transportation Act (49 U.S.C. App. 1802) is amended in each of paragraphs (5)(B) and (6)(A)(iii) by striking ‘packages’ and inserting ‘packaging’.

SEC. 3. REGULATIONS.

    Section 105 of the Hazardous Materials Transportation Act (49 U.S.C. App. 1804) is amended--

      (1) subsection (a)(3) by inserting ‘hazardous materials’ after ‘shipped,’;

      (2) in each of subsections (a)(3) and (a)(4)(B)(v) by striking ‘package’ and inserting ‘packaging’;

      (3) by striking paragraph (1) of subsection (e) and inserting the following:

      ‘(1) a container or package, or a component of a container or package, for the transportation of hazardous materials is safe, certified, or in compliance with the requirements of this title unless it meets the requirements of all applicable regulations issued under this title; or’.

SEC. 4. REGISTRATION.

    Section 106(c) of the Hazardous Materials Transportation Act (49 U.S.C. App. 1805(c)) is amended by adding at the end the following:

      ‘(16) AUTHORITY OF SECRETARY TO WAIVE MANDATORY FILING REQUIREMENT- The Secretary may waive the filing of a registration statement, or the payment of a fee, required under this subsection, or both, for any person not domiciled in the United States who solely offers hazardous materials for transportation to the United States from a place outside the United States if the country of which such person is a domiciliary does not require persons domiciled in the United States who solely offer hazardous materials for transportation to the foreign country from places in the United States to file registration statements, or to pay fees, for making such an offer.’.

SEC. 5. INSPECTION-.

    Section 109(c)(1) of the Hazardous Materials Transportation Act (49 U.S.C. App. 1808(c)) is amended by striking ‘packages’ and inserting ‘packagings’.

SEC. 6. PENALTIES.

    Section 110(a)(1) of the Hazardous Materials Transportation Act (49 U.S.C. App. 1809(a)(1)) is amended by striking ‘package’ and inserting ‘packaging’.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    Section 115(a) of the Hazardous Materials Transportation Act (49 U.S.C. App. 1812(a)) is amended to read as follows:

    ‘(a) IN GENERAL- There is authorized to be appropriated for carrying out this title (other than section 117, 117A, 118, and 121) not to exceed $18,000,000 for fiscal year 1994, $18,540,000 for fiscal year 1995, $19,100,000 for fiscal year 1996, $19,670,000 for fiscal year 1997, and $20,260,000 for fiscal year 1998.’.

SEC. 8. TRAINING.

    (a) SUPPLEMENTAL PUBLIC SECTOR TRAINING GRANTS- Section 117A of the Hazardous Materials Transportation Act (49 U.S.C. App. 1815) is amended by adding at the end the following:

    ‘(j) SUPPLEMENTAL TRAINING GRANTS-

      ‘(1) IN GENERAL- In order to further the purposes of subsection (b), relating to training public sector employees to respond to accidents and incidents involving hazardous materials, the Secretary shall make grants to national nonprofit employee organizations engaged solely in fighting fires for the purpose of training individuals with statutory responsibility to respond to hazardous materials accidents and incidents.

      ‘(2) USE OF FUNDS- Funds granted to an organization under this subsection may be used--

        ‘(A) to identify regions or locations in which fire departments are in need of hazardous materials training;

        ‘(B) to prioritize such needs and develop a means for evaluating specific training needs;

        ‘(C) to train instructors to conduct hazardous materials response training programs and evaluate the efficacy of such training programs;

        ‘(D) to purchase training equipment for such training programs; and

        ‘(E) to disseminate on a nationwide basis the data developed, and the findings derived from projects carried out, under this subsection.

      ‘(3) USE OF TRAINING COURSES- The Secretary may only make a grant to an organization under this subsection in a fiscal year if the organization enters into an agreement with the Secretary to use in such fiscal year--

        ‘(A) a course or courses developed or identified under section 117A(g); or

        ‘(B) other courses which the Secretary determines are consistent with the objectives of this subsection;

      for training individuals with statutory responsibility to respond to accidents and incidents involving hazardous materials.

      ‘(4) TERMS AND CONDITIONS- The Secretary may impose such additional terms and conditions on grants to be made under this subsection as the Secretary determines are necessary to protect the interests of the United States and to carry out the objectives of this subsection.

    ‘(k) REPORTS- Not later than September 30, 1997, the Secretary shall submit to Congress a report on the allocation and uses of training grants authorized under subsection (b) for fiscal years 1993 through fiscal year 1996 and grants authorized under subsection (j) and section 118 for fiscal years 1995 and 1996. Such report shall identify nonprofit organizations receiving training grants and include a detailed accounting of all grant expenditures by grant recipients, the number of employees trained under the grant programs, and an evaluation of the efficacy of training programs carried out.’.

    (b) FUNDING- Section 117A(i)(2) of such Act is amended--

      (1) by inserting ‘(A) GENERAL PROGRAM- ’ before ‘There’;

      (2) by indenting subparagraph (A), as so designated, and moving subparagraph (A) 2 ems to the right; and

      (3) by adding at the end the following new subparagraph:

        ‘(B) SUPPLEMENTAL PROGRAM-

          ‘(i) FROM FEES- There shall be available to the Secretary for carrying out subsection (j), from amounts in the account established pursuant to subsection (h), $250,000 per fiscal year for each of fiscal years 1995, 1996, 1997, and 1998.

          ‘(ii) FROM GENERAL REVENUES- In addition to amounts made available under clause (i), there is authorized to be appropriated to the Secretary for carrying out subsection (j) $2,000,000 per fiscal year for each of fiscal years 1995, 1996, 1997, and 1998.’.

    (c) HAZMAT EMPLOYEE TRAINING PROGRAM- Section 118 of such Act is amended--

      (1) in subsection (a) by striking ‘may’ and inserting ‘shall, subject to the availability of funds under subsection (d),’;

      (2) in subsection (b) by striking ‘National’ and all that follows through ‘Labor’ and inserting ‘Secretary’;

      (3) in subsection (c) by inserting ‘hazmat employee’ after ‘nonprofit’; and

      (4) by striking subsection (d) and inserting the following:

    ‘(d) FUNDING- There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 per fiscal year for each of fiscal years 1995, 1996, 1997, and 1998.’.

    (d) CONFORMING AMENDMENTS- Section 117A(h) of such Act is amended--

      (1) in paragraph (2)(H) by striking ‘and section 118’;

      (2) in paragraph (6)(B)(i) by striking ‘and section 118’; and

      (3) in paragraph (6)(B)(iii) by striking ‘and section 118’.

SEC. 9. FEDERAL CONTRACTORS.

    Section 120 of the Hazardous Materials Transportation Act (49 U.S.C. App. 1818) is amended by striking ‘package’ and inserting ‘packaging’.

SEC. 10. COMPUTERIZED TELECOMMUNICATION DATA CENTER PILOT PROJECTS.

    (a) GRANTS- The Secretary of Transportation may make grants to 1 or more persons, including a State or local government or department, agency, or instrumentality thereof, to carry out a pilot project to demonstrate the feasibility of establishing and operating a reporting system and computerized telecommunication data center that is capable--

      (1) of receiving, storing, and retrieving data on all daily shipments of hazardous materials transported by motor carriers of property;

      (2) of identifying the types of hazardous materials being transported by a motor carrier of property; and

      (3) of providing information to facilitate responses to accidents and incidents involving such shipments.

    (b) SELECTION OF CARRIERS- The pilot project to be carried out under this section must involve 2 or more motor carriers of property. One of the motor carriers selected to participate in the project must be a carrier that transports mostly hazardous materials. The other motor carrier selected must be a regular-route common carrier that specializes in transporting less than truck-load shipments. The motor carriers selected may be engaged in multimodal movements of hazardous materials with other motor carriers, rail carriers, or water carriers.

    (c) TERMS AND CONDITIONS- The Secretary may impose such terms and conditions on grants to be made under this section as the Secretary determines are necessary to protect the interests of the United States and to carry out the objectives of this section.

    (d) COORDINATION- To the maximum extent practicable, the Secretary of Transportation shall coordinate a pilot project to be carried out under this section with any existing Federal, State, and local government projects and private projects which are similar to the pilot project to be carried out under this section. The Secretary may require that a pilot project under this section be carried out in conjunction with such similar Federal, State, and local government projects and private projects.

    (e) FEDERAL SHARE- The Federal share of the cost of a pilot project carried out under this section shall be 100 percent, unless the grantee selected to carry out such project agrees to a lower Federal share.

    (f) REPORT- Not later than December 31, 1997, the Secretary of Transportation shall transmit to Congress a report on the results of pilot projects carried out under this section.

    (g) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 1995 and 1996. Such sums shall remain available until expended.

SEC. 11. STUDY OF HAZARDOUS WASTES TRANSPORTATION NEAR FEDERAL PRISONS.

    (a) STUDY- The Secretary of Transportation shall conduct a study to determine the safety considerations of transporting hazardous wastes in close proximity to Federal prisons, particularly those housing maximum security prisoners. Such study shall include, but not be limited to, an evaluation of the ability of such facilities and the designated local planning agencies to safely evacuate such prisoners in the event of an emergency and any special training, equipment, or personnel that would be required by such facility and the designated local emergency planning agencies to carry out such evacuation.

    (b) REPORT- Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall transmit to Congress a report on the results of the study conducted under this section, along with the Secretary’s recommendations for any legislative or regulatory changes to enhance the safety regarding the transportation of hazardous wastes near Federal prisons.

SEC. 12. STUDY OF RADIO MICROWAVE TECHNOLOGIES AND HIGHWAY SAFETY.

    (a) ARRANGEMENTS WITH APPROPRIATE ENTITY- Not later than 90 days after the date of the enactment of this Act, the Secretary of Transportation shall enter into appropriate arrangements with the National Academy of Sciences or any other appropriate entity to conduct a comprehensive study and investigation with respect to both commercial motor vehicles carrying hazardous materials and commercial motor vehicles generally of the following:

      (1) Whether there is a safety justification for regulating the use of radar detectors in such vehicles.

      (2) Whether there are ways in which radio microwave technologies may be used to enhance the safety of such vehicles, including by warning drivers of such vehicles of--

        (A) segments of roadway under construction, maintenance, or repair;

        (B) obstructions on or adjacent to the roadway, including accident sites;

        (C) segments of roadway which have historically higher accident rates; and

        (D) conditions of restricted visibility caused by snow, rain, fog, or dust.

      (3) Whether there are ways radio microwave technologies may be used in the application of intelligent vehicle highway systems consistent with the goals of the Intelligence Vehicle-Highway Systems Act of 1991.

    (b) CONSULTATION- The entity conducting the study and investigation under subsection (a) shall consult in all aspects of the study and investigation, including study design, organizations representing the commercial motor vehicle industry (including segments of the industry which transport hazardous materials), manufacturers of radar detectors, users of radar detectors, highway safety advocates, and such other persons as such entity considers appropriate.

    (c) AVAILABILITY OF INFORMATION- The Secretary of Transportation shall provide to the entity conducting the study and investigation under subsection (a) any information or data which such entity determines is necessary for the purpose of conducting such study and investigation. The Secretary shall work with the States and other appropriate organizations to develop, to the extent necessary, any new information or data that is required to carry out such study and investigation.

    (d) REPORT- The entity conducting the study and investigation under subsection (a) shall report to the Secretary and Congress its findings and recommendations with respect to such study and investigation not later than September 30, 1995.

    (e) SECRETARIAL REVIEW AND REPORT- Upon receipt of the report under subsection (d), the Secretary of Transportation shall commence a review of such report and of Federal policies regarding the use of radar detectors and other radio microwave technologies with respect to both commercial motor vehicles transporting hazardous materials and commercial motor vehicles generally. Not later than 120 days after the date of the receipt of the report under subsection (d), the Secretary shall report to the Congress on the results of such review. Such report shall include a description of any administrative action (including the issuance or modification of regulations) that the Secretary plans to take as a result of such review regarding the use of radar detectors and other radio microwave technologies in such vehicles.

    (f) DEFINITION- In this section, the term ‘radio microwave technology’ means any device or mechanism which emits or detects radio microwaves, including radar detectors.

    (g) FUNDING- The Secretary of Transportation shall expend, out of amounts deducted under section 104(a) of title 23, United States Code, not more than $500,000 to carry out this section.

    (h) LIMITATION ON STATUTORY CONSTRUCTION- Nothing in this section shall alter in any way the authority of the Secretary of Transportation to take any administrative action which the Secretary is otherwise authorized to take or alter in any way the discretion which the Secretary otherwise has in the exercise of such authority.

SEC. 13. PROHIBITION OF BILLBOARDS ON SCENIC BYWAYS.

    Section 131(s) of title 23, United States Code, is amended by striking ‘subsection (c) of’.

SEC. 14. USE OF FIBRE DRUM PACKAGING.

    (a) INITIATION OF RULEMAKING PROCEEDING- Not later than the 60th day following the date of the enactment of this Act, the Secretary of Transportation shall initiate a rulemaking proceeding to determine whether the requirements of section 105(a) of the Hazardous Materials Transportation Act as they pertain to openhead fiber drum packaging can be met for the domestic transportation of liquid hazardous materials (with respect to those classifications of liquid hazardous materials transported by such drums pursuant to regulations in effect on September 30, 1991) with standards other than the performance oriented packaging standards adopted under docket number HM-181 contained in part 178 of title 49, Code of Federal Regulations.

    (b) ISSUANCE OF STANDARDS- If the Secretary of Transportation determines, as a result of the rulemaking proceeding initiated under subsection (a), that a packaging standard other than the performance oriented packaging standards referred to in subsection (a) will provide an equal or greater level of safety for the domestic transportation of liquid hazardous materials than would be provided if such performance oriented packaging standards were in effect, the Secretary shall issue regulations which implement such other standard and which take effect before October 1, 1996.

    (c) COMPLETION OF RULEMAKING PROCEEDING- The rulemaking proceeding initiated under subsection (a) shall be completed before October 1, 1995.

    (d) LIMITATIONS-

      (1) LIMITATION ON APPLICABILITY- The provisions of subsections (a), (b), and (c) shall not apply to packaging for those hazardous materials regulated by the Department of Transportation as poisonous by inhalation under the Hazardous Materials Transportation Act.

      (2) LIMITATION OF STATUTORY CONSTRUCTION- Nothing in this section shall be construed to prohibit the Secretary of Transportation from issuing or enforcing regulations for the international transportation of hazardous materials.