II 112th CONGRESS 1st Session S. 1499 IN THE SENATE OF THE UNITED STATES August 2, 2011 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.

1.

Rulemaking on visibility of agricultural equipment

(a)

Definitions

In this section: (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, which was 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. (b)

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)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, which was published in July 2008 by the American Society of Agricultural and Biological Engineers, or any successor standard. (c)

Review

Not less frequently than once every 5 years, the Secretary of Transportation shall— (1)review the standards established pursuant to subsection (b); and (2)revise such standards to reflect the revision of ASABE Standard 279 that is in effect at the time of such review. (d)

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 in accordance with 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 (b)(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.