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S. 2091 (104th): Small Business and Farm Transportation Regulatory Relief Act

The text of the bill below is as of Sep 18, 1996 (Introduced).


S 2091 IS

104th CONGRESS

2d Session

S. 2091

To provide for small business and agriculture regulatory relief.

IN THE SENATE OF THE UNITED STATES

September 18, 1996

Mr. PRESSLER (for himself and Mr. HARKIN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation


A BILL

To provide for small business and agriculture regulatory relief.

    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 ‘Small Business and Farm Transportation Regulatory Relief Act’.

TITLE I--SMALL BUSINESS

SEC. 101. SHORT TITLE.

    This title may be cited as the ‘Small Business Regulatory Relief Act of 1996’.

SEC. 102. FINDINGS.

    The Congress finds that--

      (1) the Secretary of Transportation is considering, as part of a proposed rulemaking, expanding the exceptions provided for transportation of small quantities of hazardous materials from unnecessary and burdensome regulations;

      (2) certain businesses, and especially small businesses, transport small quantities of some hazardous materials which pose minimal risks to public safety and property;

      (3) small businesses are critical in creating jobs in the United States economy and can be significantly affected by Federal regulations; and

      (4) regulatory relief for small businesses transporting relatively small quantities of hazardous materials should be promptly acted on and the Secretary has stated an intention to issue a final rule to provide this regulatory relief by December 31, 1996.

SEC. 103. MATERIALS OF TRADE EXCEPTIONS FROM HAZARDOUS MATERIALS TRANSPORTATION REQUIREMENTS.

    (a) DEADLINE FOR ISSUANCE OF FINAL RULE- Not later than December 31, 1996, the Secretary of Transportation shall issue, under the rulemaking proceeding under docket number HM-200, entitled ‘Hazardous Materials in Intrastate Transportation’, a final rule relating to materials of trade exceptions from chapter 51 of title 49, United States Code, and regulations issued pursuant thereto. The final rule shall substantially address the materials of trade exceptions contained in the proposed rule relating to hazardous materials in intrastate transportation published in the Federal Register on March 20, 1996 (61 Fed. Reg. 11489-11490) and shall take into account any modifications of the proposed rule that are necessary and appropriate to reflect comments received by the Secretary on the proposed rule.

    (b) EFFECTIVE DATE- The final rule issued under subsection (a) shall become effective not later than 90 days after the date of publication of the final rule.

    (c) TRAINING OF INSPECTORS- Before the effective date of the final rule issued under subsection (a), the Secretary shall provide sufficient training to inspectors necessary to implement the final rule.

TITLE II--AGRICULTURE

SEC. 201. SHORT TITLE.

    This title may be cited as the ‘Farm Transportation Regulatory Relief Act’.

SEC. 202. LIMITATION ON REGULATION OF AGRICULTURAL PRODUCTION MATERIAL TRANSPORTATION; EXISTING STATE EXEMPTIONS.

    (a) IN GENERAL- Any regulation issued by the Department of Transportation relating to the transportation of agricultural production material as a hazardous material under chapter 51 of title 49, United States Code, shall not prohibit a State from--

      (1) providing an exception from the hazardous materials transportation regulations for farmers and retailers who are providing not-for-hire intrastate transportation of an agricultural production material from a source of retail supply to a farm, from a farm to another farm, from a field to another field on a farm, or from the farm back to the source of retail supply, as long as any such exception is not inconsistent with the tolerance guidelines and procedures specified in Appendix C to Part 350 of the Federal Motor Carrier Safety Regulations (49 C.F.R. 350.1 et seq.); or

      (2) maintaining an exception, under State law or regulation, in effect on the date on which the rules contained in the Department of Transportation regulation take effect.

    (b) AGRICULTURAL PRODUCTION MATERIAL DEFINED- In this section, the term ‘agricultural production material’ means hazardous material, including pesticides, fertilizers, fuels, and other products used to support the production of an agricultural commodity.