Conference report on h. R. 3, Safe, accountable, flexible, efficient transportation equity act: a legacy for users
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SECTION 6016. SPECIAL DESIGNATION House Bill No comparable provision in the House bill. Senate Bill Sec. 1704 This section directs that the city of Norman, Oklahoma, shall be considered to be part of the Oklahoma City urbanized area for the purpose of any applicable program under title 23, United States Code. Conference Substitute The Conference adopts the Senate provision. SECTION 6017. INCREASED USE OF RECOVERED MINERAL COMPONENT IN FEDERALLY FUNDED PROJECTS INVOLVING PROCUREMENT OF CEMENT OR CONCRETE House Bill No comparable provision in the House bill. Senate Bill Sec. 4001. The section amends Subtitle F of the Solid Waste Disposal Act (42 U.S.C. et seq) to direct the EPA and each agency head to implement procurement requirements and incentives that provide for the use of cement and concrete incorporating recovered mineral component in cement or concrete projects. Priority is to be given to achieving greater use of recovered mineral components in cement or concrete projects for which recovered mineral components historically have not been used or have been used minimally. Conference Substitute The Conference adopts the Senate provision with a modification to exclude lead slag and lead slag aggregate from the definition of ``recovered mineral component''. SECTION 6018. USE OF GRANULAR MINE TAILINGS House Bill No comparable provision in the House bill. Senate Bill Sec. 4002. This section amends the Solid Waste Disposal to require the Administrator of the Environmental Protection Agency and each agency head to take necessary actions to implement fully all procurement requirements and incentives that provide for the use of cement and concrete incorporating recovered mineral component in cement or concrete projects. An agency head is required to give priority to achieving greater use of recovered mineral component for which it has not been historically used or used minimally. This section also requires the Administrator, in cooperation with the Secretaries of Transportation and Energy, to conduct a study to determine the extent to which current procurement requirements may realize energy savings and environmental benefits attainable with the substitution of recovered mineral component in cement used in cement or concrete projects. Additionally, this section requires the Administrator, in consultation with other agency heads, to establish criteria for the safe and environmentally protective use of granular mine tailings from the Tar Creek, Oklahoma Mining District, known as `chat', for cement or concrete projects, and transportation projects, including those that use asphalt, that are carried out using Federal funds. In establishing the criteria, the Administrator is required to consider current and previous uses of `chat,' and any environmental and public health risks and benefits derived from removal, transportation and use of `chat.' Conference Substitute The Conference adopts the Senate provision. TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION SEC. 7001. SHORT TITLE House Bill No comparable provision in the House bill. Senate Bill Sec. 7301. This section provides the Short Title. Conference Substitute The Conference adopts the Senate provision. SEC. 7002. AMENDMENT OF TITLE 49, UNITED STATES CODE House Bill Sec. 7001. This section establishes that any reference to a section or other provision shall be considered a section or provision of title 49, United States Code, unless otherwise specified. Senate Bill No comparable provision in Senate bill. Conference Substitute The Conference adopts the House provision. [Page: H7510] Subtitle A--General Authorities on Transportation of Hazardous Materials SEC. 7101. FINDINGS AND PURPOSE House Bill Sec. 7002. This section establishes the Congressional findings of the hazardous materials title, and updates and clarifies the purpose of chapter 51. Senate Bill Sec. 7301. This section contains the short title and table of contents. Sec. 7321. This section provides the purpose of the Hazmat Title. Conference Substitute The Conference adopts the House provision with modifications. SEC. 7102. DEFINITIONS House Bill Sec. 7003. This section modifies the definition of ``commerce'' to include transportation on a U.S.-registered aircraft anywhere in the world. This section also defines the term ``Secretary'' as the Secretary of Transportation, except where otherwise indicated. Senate Bill Sec. 7322. This section modifies definitions as indicated below. The definition of ``commerce'' is amended to provide jurisdiction over hazardous materials activities being conducted on a U.S.-registered aircraft anywhere in the world. The purpose of this proposed provision is to clarify that DOT has the authority, under Federal hazardous materials transportation law (49 U.S.C. 5101-5127), to regulate hazardous materials transportation on all U.S.-registered aircraft. The definitions of ``hazmat employee'' and ``hazmat employer'' is amended to clarify that the terms include the self-employed, including owner-operators of motor vehicles, vessels or aircraft, and temporary or part time employees. The definition of ``motor carrier'' would be amended by clarifying that it includes a freight forwarder, as defined in 49 U.S.C. 13102, only if the freight forwarder is performing a function related to highway transportation. In addition, the definition of ``imminent hazard'' is further clarified. Finally, the definition of ``person'' is amended so that the requirements of chapter 51 apply to additional activities of government agencies and Indian tribes, and includes those that design, manufacture, fabricate, inspect, mark, maintain, recondition, repair, or test a package, container, or packaging component for use in the transportation of hazardous materials in commerce. Conference Substitute The Conference adopts the Senate provision. SEC. 7103. GENERAL REGULATORY AUTHORITY House Bill Sec. 7004. This section updates the terminology used to describe the materials the Secretary should designate as hazardous, as well as the terminology describing the transportation, and transportation-related, activities regulated by the DOT. This section amends current law to ensure that persons who design and inspect packages (or components of packages) are subject to the hazardous materials regulations. This section also clarifies that the hazardous materials regulations apply to persons who prepare or accept hazardous materials for transportation in commerce. Senate Bill Sec. 7323. This section amends subsection 5103(a), title 49 U.S.C. to update the terminology used to describe materials the Secretary is required to designate as hazardous under that subsection. It would also amend subsection 5103(b)(1)(A) to conform with the definition changes made to section 5102. Conference Substitute The Conference adopts the Senate provision. SEC. 7104. LIMITATION ON ISSUANCE OF HAZMAT LICENSES House Bill No comparable provision in House bill. Senate Bill Sec. 7324. This section requires the Secretary of Health and Human Services to recommend to the Secretary of Transportation any chemical or biological material or agent to be regulated as a hazardous material in transportation. Conference Substitute The Conference adopts the Senate provision with modifications. SEC. 7105. BACKGROUND CHECKS FOR DRIVERS HAULING HAZARDOUS MATERIALS House Bill Sec. 4113. This section authorizes the Secretary, and thus FMCSA, to engage in international activities. This kind of authority is necessary to aid in implementing the North American Free Trade Agreement and to carry on discussions with U.S. trading partners concerning a variety of safety issues. Senate Bill Sec. 7325. This section requires motor carriers registered in Mexico and Canada and transporting hazardous material in the U.S. be subject to a background records check similar to that which will apply to U.S.-licensed motor carriers. In addition, this section directs the Transportation Security Administration to develop a process to notify an employer if an applicant fails to meet specified standards. The provision eliminates redundant background checks; requires Federal Regulations apply to State appeals process for certain background checks; and clarifies the term ``transportation security incident''. Conference Substitute The Conference adopts the House and Senate provisions with modifications. SEC. 7106. REPRESENTATION AND TAMPERING House Bill Sec. 7005. This section updates the language in current law without changing the scope of the law. Senate Bill Sec. 7326. This section would make technical changes to section 5104 for purposes of clarity. Conference Substitute The Conference adopts the Senate provision. SEC. 7107. TECHNICAL AMENDMENTS House Bill Sec. 7006. This section provides technical amendments to update the terminology in current law. Senate Bill Sec. 7327. This section would amend section 5105 by deleting subsection (d) because the required study has been completed and submitted to Congress. Sec. 7329. This section makes technical changes to title 49, United States Code. Conference Substitute The Conference adopts the House provision. SEC. 7108. TRAINING OF CERTAIN EMPLOYEES House Bill Sec. 7007. This section amends section 5107(f) of current law (redesignated in the bill as section 5107(g)) by deleting the reference to section 5108(a)-(g)(1) and (h), and section 5109, but retains the provision in current law that states that an action of the Secretary under subsections (a)-(d) of this section and section 5106 of this title is not an exercise of statutory authority, under section 4(b)(1) of the Occupational Safety and Health Act of 1970, to prescribe or enforce standards or regulations affecting occupational safety or health. This section also codifies the existing practice of providing hazardous materials training to maintenance-of-way employees and railroad signalmen. Senate Bill Sec. 7328. This section allows training grants for the ``Train the Trainer'' program to also be made to instructors to train hazmat employees, to the extent determined appropriate by the Secretary. Conference Substitute The Conference adopts both the House and Senate provisions. The Conference retains the provision in current law that states that an action of the Secretary is not an exercise of statutory authority, under section 4(b)(1) of the Occupational Safety and Health Act of 1970, to prescribe or enforce standards or regulations affecting occupational safety or health. The Conference codifies the existing practice of providing hazardous materials training to maintenance-of-way employees and railroad signalmen. The Conference allows training grants for the ``Train the Trainer'' program to also be made to instructors to train hazmat employees, to the extent determined appropriate by the Secretary. SEC. 7109. REGISTRATION House Bill Sec. 7008. This section amends the current law to include those persons who design and inspect hazardous materials packages, or package components, as persons required to register with the Secretary. This change is consistent with the updated language in Section 7004 concerning persons who are subject to the hazardous materials regulations. Section 5108(g) is amended to require the Secretary to establish and collect a registration fee sufficient to cover the costs of processing the registration and that the Secretary must collect a fee at least large enough to cover processing costs from all entities otherwise exempted from paying the registration fee. This section reduces the maximum fee the Secretary may assess from $5,000 to $3,000. This section also requires the Administrator of RSPA to transmit the annual registration information required in section 5108 for motor carriers to FMCSA. The Committee intends to ensure that FMCSA has [Page: H7511] the most up-to-date information on motor carriers that transport hazardous materials and expects the transmittal of information to be done as expeditiously as possible. Senate Bill Sec. 7329. The Secretary is allowed to require a registration statement from persons who design and inspect a package or packaging component that is represented as qualified for use in transporting hazardous materials in commerce. This section requires the Secretary to impose a registration fee sufficient to cover administrative processing costs. Indian tribes and States would be exempted from the requirements to register and pay registration fees. This section also reduces the maximum fee that would be assessed under section 5108(g)(2)(A) from $5,000 to $3,000. The Secretary is directed to reinstate the fees that were suspended due to regulatory action. Conference Substitute The Conference adopts the Senate provision with modifications. SEC. 7110. SHIPPING PAPERS AND DISCLOSURE House Bill Sec. 7009. This section requires that each person who prepares a shipping paper must make the disclosures that the Secretary prescribes by regulation. This section amends section 5110 to extend the time period shippers and carriers are required to retain shipping papers. Under current law, shippers and carriers are required to retain the shipping papers for one year after the hazardous material is no longer in transportation. This section requires shippers and carriers to retain shipping papers for two years after the shipping papers are prepared. Senate Bill Sec. 7330. This section requires shippers to keep their shipping papers for three years in order to facilitate investigations of past violations and continues to require carriers to retain their shipping papers for the current one year period. Conference Substitute The Conference adopts the Senate provision with modifications. The bill requires shippers to keep their shipping papers for two years in order to facilitate investigations of past violations, and continues to require carriers to retain their shipping papers for the current one year period. For purposes of this section, shippers who are also carriers and carriers who are also shippers must retain their shipping papers for two years. SEC. 7111. RAIL TANK CARS House Bill Sec. 7010. This section repeals section 5111, which permits a rail car built before January 1, 1971, to be used for hazardous materials transportation only if the air brake equipment support attachments of the car comply with the standard for attachments contained in 49 CFR 179.100-16 and 179.200-19. Senate Bill Sec. 7331. This section repeals section 5111, which permits a rail car built before January 1, 1971, to be used for hazardous materials transportation only if the air brake equipment support attachments of the car comply with the standard for attachments contained in 49 CFR 179.100-16 and 179.200-19. Conference Substitute The Conference adopts a combination of the House and Senate provisions. SEC. 7112. UNSATISFACTORY SAFETY RATINGS House Bill Sec. 7011. This section amends section 5113 to provide that a motor carrier owner or operator transporting hazardous materials in commerce who, upon review of an unfavorable fitness determination, is determined by the Secretary to be ``unfit'' is subject to the civil penalties in section 5123 and the criminal penalties set forth in section 5124. Senate Bill Sec. 7332. This section provides that an unfit owner or operator transporting hazardous material in commerce, as determined by the Secretary, shall be subject to the civil penalties in section 5123 and the criminal penalties in section 5124. Conference Substitute The Conference adopts the Senate provision. SEC. 7113. TRAINING CURRICULUM FOR THE PUBLIC SECTOR House Bill Sec. 7012. This section updates the training curriculum to include appropriate emergency response training and planning programs developed with all Federal assistance, not just those under Federal grant programs. This section also makes the Secretary responsible for distribution and publication of the training curriculum. Senate Bill Sec. 7333. Several technical amendments are made to reflect that the public-sector training curriculum has already been developed and to focus the statutory provisions on maintaining, not developing, the curriculum. The training curriculum is required to include appropriate emergency response training and planning programs for public-sector employees developed with Federal financial assistance, not just those under other Federal grant programs. Conference Substitute The Conference adopts the Senate provision with modifications to include the House provision ensuring that the training necessary for public sector employees also complies with other voluntary consensus standard-setting organizations as the Secretary determines appropriate. The House Distribution and Publication language is also adopted. SEC. 7114. PLANNING AND TRAINING GRANTS; HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS FUND House Bill Sec. 7013. This section amends section 5116(b)(4) to require the Secretary to consider the report established in section 7022 of this bill when determining a State or Indian tribe's emergency response funding needs. This section also establishes the Secretary of Transportation as the lead for monitoring public sector emergency response planning and training. It also establishes a new account within the Treasury specifically for hazardous materials emergency preparedness. This section also allows the Secretary to use funds collected from the annual registration fees to publish and distribute the Emergency Response Guidebook. Senate Bill Sec. 7334. This section eliminates the current requirement that the State share of planning and training grants must be above and beyond `maintenance of effort' funds. In subsection (g), the phrase `government grant programs' would be broadened to `Federal financial assistance programs' in order to provide for more complete coordination of funding sources. This section also amends section 5116 to provide a name for the account established under subsection 5116(i), calling it the `Emergency Preparedness Fund.' Amounts collected by the Secretary under subsection 5108(g)(2)(C) would be deposited into the Emergency Preparedness Fund and could be used for emergency planning and training grants, under subsection 5116(a) and (b), monitoring and technical assistance under subsection 5116(f), and administrative costs of carrying out sections 5116, 5108(g)(2), and section 5115. It also clarifies that these amounts may be used to publish and distribute the Emergency Response Guidebook. Information on the allocation and uses of the grants would be made available to the public on an annual basis. Conference Substitute The Conference adopts the Senate and House provisions with modifications. A compromise on the Government Share of Costs is also adopted. SEC. 7115. SPECIAL PERMITS AND EXCLUSIONS House Bill Sec. 7014. This section clarifies that the Secretary may issue a special permit to any person who performs a function regulated under section 5103(b)(1). This section increases the maximum renewal period of special permits from two years to four years, except that special permits issued related to highway routing of hazardous materials are only renewable for a two-year period. Senate Bill Sec. 7335. This section clarifies that the Secretary may issue a special permit to any person who performs a function identified under section 5103(b)(1). In addition, this section changes the maximum initial effective period of a special permit to two years, and provides for the renewal of special permits for four-year successive periods. This change eliminates a great deal of unnecessary industry application time and government processing time involved in the present two-year renewal process. This section also repeals a requirement that the Secretary maintain 30 hazardous materials safety inspectors more than the number of inspectors authorized at the end of FY 1990. The Pipeline and Hazardous Materials Safety Administration maintains inspectors in excess of this requirement and, pursuant to recommendations resulting from a department-wide DOT review of the hazmat program, is requesting more flexibility about how inspectors should be utilized. Conference Substitute The Conference adopts the House provision with modifications. The Conference also adopts the Senate's repeal of section 5118. SEC. 7116. UNIFORM FORMS AND PROCEDURES House Bill Sec. 7015. This section requires the Secretary to establish a working group to develop uniform forms and procedures for States to register and issue permits to persons who transport, or cause to be transported hazardous materials in the State. The working group is required to develop a report of its recommendations for the Secretary to consider [Page: H7512] when issuing regulations to carry out a uniform State registration system. The working group is prohibited from proposing to limit any fee that a State may impose or collect. Senate Bill Sec. 7336. This section reflects the fact that the working group established to formulate uniform registration and permitting forms and procedures has completed its task and submitted a report to Congress. The section authorizes the Secretary to prescribe regulations to establish uniform forms and regulations for States to: (1) register and issue permits for the transportation of hazmat by motor vehicle; and (2) permit the transportation of hazmat in a State. In addition, States would be authorized to participate in the uniform forms and procedures program recommended by the Alliance for Uniform Hazmat Transportation Procedures. Download 3.76 Mb. Share with your friends:
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