II 112th CONGRESS 1st Session S. 1288 IN THE SENATE OF THE UNITED STATES June 28, 2011 Mr. Roberts (for himself, Mr. Nelson of Nebraska, Mr. Moran, and Mr. Johanns) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To exempt certain class A CDL drivers from the requirement to obtain a hazardous material endorsement while operating a service vehicle with a fuel tank containing 3,785 liters (1,000 gallons) or less of diesel fuel.

1.

Hazardous material endorsement exemption

(a)

Exclusion

Section 5117(d)(1) of title 49, United States Code, is amended— (1)in subparagraph (B), by striking and at the end; (2)in subparagraph (C), by striking the period at the end and inserting ; and; and (3)by adding at the end the following: (D)a service vehicle carrying diesel fuel in quantities of 3,785 liters (1,000 gallons) or less that is— (i)driven by a class A commercial driver's license holder who is a custom harvester, an agricultural retailer, an agricultural business employee, an agricultural cooperative employee, or an agricultural producer; and (ii)clearly marked with a placard reading Diesel Fuel. . (b)

Exemption

Section 31315(b) of title 49, United States Code, is amended by adding at the end the following: (8)

Hazardous materials endorsement exemption

The Secretary shall exempt all class A commercial driver's license holders who are custom harvesters, agricultural retailers, agricultural business employees, agricultural cooperative employees, or agricultural producers from the requirement to obtain a hazardous material endorsement under part 383 of title 49, Code of Federal Regulations, while operating a service vehicle carrying diesel fuel in quantities of 3,785 liters (1,000 gallons) or less if the tank containing such fuel is clearly marked with a placard reading Diesel Fuel. .