[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 4013 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 4013

   To direct the Secretary of Transportation to promulgate a rule to 
improve the daytime and nighttime visibility of agricultural equipment 
                 that may be operated on a public road.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2010

Ms. Klobuchar (for herself, Mr. Thune, and Ms. Stabenow) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of Transportation to promulgate a rule to 
improve the daytime and nighttime visibility of agricultural equipment 
                 that may be operated on a public road.

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

SECTION 1. RULEMAKING ON VISIBILITY OF AGRICULTURAL EQUIPMENT.

    (a) Rulemaking.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of this Act, the Secretary of Transportation, 
        after consultation with representatives of the American Society 
        of Agricultural and Biological Engineers and appropriate 
        Federal agencies, and with other appropriate persons, shall 
        promulgate a rule to improve the daytime and nighttime 
        visibility of agricultural equipment that may be operated on a 
        public road.
            (2) Minimum standards.--The rule promulgated pursuant to 
        this subsection shall--
                    (A) establish minimum lighting and marking 
                standards for applicable agricultural equipment 
                manufactured at least 1 year after the date on which 
                such rule is promulgated; and
                    (B) shall provide for the methods, materials, 
                specifications, and equipment to be employed to comply 
                with such standards, which shall be equivalent to ASABE 
                Standard 279.14, entitled ``Lighting and Marking of 
                Agricultural Equipment on Highways'', and published in 
                July 2008 by the American Society of Agricultural and 
                Biological Engineers, or any successor standard.
    (b) Review.--Not less frequently than once every 5 years, the 
Secretary of Transportation shall--
            (1) review the standards established under subsection (a); 
        and
            (2) revise such standards to reflect the revision of ASABE 
        Standard 279 that is in effect at the time of such review.
    (c) Limitations.--
            (1) Compliance with successor standards.--Any rule 
        promulgated pursuant to this section may not prohibit the 
        operation on public roads of agricultural equipment that is 
        equipped according to any adopted revision of ASABE Standard 
        279 that is later than the revision of such standard that was 
        referenced during the promulgation of the rule.
            (2) No retrofitting required.--Any rule promulgated 
        pursuant to this section may not require the retrofitting of 
        agricultural equipment that was manufactured before the date on 
        which the lighting and marking standards are enforceable under 
        subsection (a)(2)(A).
            (3) No effect on additional materials and equipment.--Any 
        rule promulgated pursuant to this section may not prohibit the 
        operation on public roads of agricultural equipment that is 
        equipped with materials or equipment that are in addition to 
        the minimum materials and equipment specified in the standard 
        upon which such rule is based.
    (d) Definitions.--In this Act:
            (1) Agricultural equipment.--The term ``agricultural 
        equipment'' has the meaning given the term ``agricultural field 
        equipment'' in ASABE Standard 390.4, entitled ``Definitions and 
        Classifications of Agricultural Field Equipment'', and 
        published in January 2005 by the American Society of 
        Agriculture and Biological Engineers, or any successor 
        standard.
            (2) Public road.--The term ``public road'' has the meaning 
        given such term in section 101(a)(27) of title 23, United 
        States Code.
                                 <all>