[Congressional Record Volume 142, Number 133 (Tuesday, September 24, 1996)]
[House]
[Pages H10775-H10779]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              SMALL BUSINESS REGULATORY RELIEF ACT OF 1996

  The Clerk called the bill (H.R. 3153) to amend title 49, United 
States Code, to exempt from regulation the transportation of certain 
hazardous materials by vehicles with a gross vehicle weight rating of 
10,000 pounds or less.
  The Clerk read the bill, as follows:

                               H.R. 3153

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

[[Page H10776]]

     SECTION 1. EXEMPTION OF CERTAIN HAZARDOUS MATERIAL 
                   TRANSPORTATION FROM REGULATION.

       Section 5117 of title 49, United States Code, is amended by 
     redesignating subsections (c) and (d) as subsections (d) and 
     (c), respectively, and by inserting after subsection (b) the 
     following:
       ``(c) Statutory Exemption. This chapter and regulations 
     prescribed under this chapter shall not apply to--
       ``(1) any vehicle with a gross vehicle weight rating of 
     10,000 pounds or less transporting a substance or material--
       ``(A) designated as a hazardous material under this chapter 
     (or the Hazardous Materials Transportation Act) on or before 
     January 1, 1996; and
       ``(B) for which placarding of a motor vehicle was not 
     required as of January 1, 1996, under regulations prescribed 
     under this chapter (or the Hazardous Materials Transportation 
     Act); and
       ``(2) any vehicle with a gross vehicle weight rating of 
     10,000 pounds or less transporting a substance or material 
     designated as a hazardous material under this chapter after 
     January 1, 1996, unless the Secretary determines that the 
     hazardous material poses a significant risk to health and 
     safety or property.''.


      amendment in the nature of a substitute offered by mr. petri

  Mr. PETRI. Madam Speaker, I offer an amendment in the nature of a 
substitute.
  The Clerk read as follows:

       Amendment in the nature of a substitute offered by Mr. 
     Petri: Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Small Business Transport 
     Correction Advancement Act of 1996''.

     SEC. 2. FINDINGS.

       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) the Secretary has found that certain businesses, and 
     especially small businesses, carry small quantities of 
     hazardous materials;
       (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. 3. 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).
       (b) Effective Date.--The final rule issued under subsection 
     (a) shall become effective not later than 90 days after 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 of inspectors to provide 
     for implementation of the final rule.

     SEC. 4. FARM-RELATED EXCEPTIONS FROM HAZARDOUS MATERIALS 
                   TRANSPORTATION REQUIREMENTS.

       Any provision of a final rule relating to intrastate 
     transportation of hazardous materials issued under the 
     rulemaking proceeding under docket number HM-200 that 
     prohibits States from granting exceptions for not-for-hire 
     intrastate transportation by farmers and farm-related service 
     industries shall not take effect with respect to not-for-hire 
     intrastate transportation by farmers and farm-related service 
     industries before the earlier of--
       (1) the date of the enactment of a law which authorizes 
     appropriations to carry out chapter 51 of title 49, United 
     States Code, for fiscal year 1998; or
       (2) the 180th day following the effective date of the final 
     rule.

  Mr. PETRI (during the reading). Madam Speaker, I ask unanimous 
consent that the amendment in the nature of a substitute be considered 
as read and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin [Mr. Petri] and the gentleman from Minnesota [Mr. Oberstar] 
will each control 30 minutes.
  The chair recognizes the gentleman from Wisconsin [Mr. Petri] .
  Mr. PETRI. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, the amendment in the nature of a substitute directs 
the Secretary of Transportation to issue, under an ongoing rulemaking 
proceeding, a rule relating to materials of trade exceptions to 
hazardous materials regulations. This provision was adopted by the 
Committee on Transportation and Infrastructure on September 12, 1996.
  The amendment also provides that any rule extending Federal hazardous 
materials regulation to intrastate transportation relating to farm 
vehicles which does not allow for State exceptions, cannot take effect 
prior to the reauthorization of the Hazardous Materials Program or 180 
days after the effective date of the final rule, whichever is earlier.
  On March 20, 1996, the Department of Transportation proposed that 
businesses which carry small amounts of hazardous materials in the 
course of their business meet reduced regulatory requirements. This 
proposal is part of a larger rulemaking, known as HM-200, concerning 
Federal regulation of intrastate transportation--but the materials of 
trade exception would apply to both intrastate and interstate 
transportation. DOT has stated its intention to issue a final rule on 
HM-200 by the end of this year.
  However, should that be delayed because other aspects of HM-200 may 
be controversial, then DOT must at least complete this portion of the 
rulemaking which can provide sensible relief to small businesses now 
regulated.
  This bill does not interfere in the rulemaking process and it does 
not prescribe the contents of the final rule. It only directs when that 
process must be concluded.
  I applaud the efforts of the Transportation Department in seeking to 
provide relief to small businesses through the proposed rule.
  Section 4 of the amendment is of great importance to many farming 
communities and States. Several States which have adopted the Federal 
hazardous materials rules for transportation within their State have 
provided for various exceptions for farm vehicles.
  If States are preempted from continuing to grant such exceptions in a 
final rule issued under the pending HM-200 rulemaking, this provision 
in section 4 of the amendment ensures that the Congress has an adequate 
opportunity to carefully consider the effects of such a rule and 
whether legislative action is necessary. I want to note that in this 
amendment a regulation that prohibits States from granting exceptions 
means a regulation that prohibits, limits or changes the status quo in 
current practices or authorities of the States.
  I appreciate the cooperation demonstrated by Congressman Oberstar, 
Congressman Rahall, and, of course, Chairman Shuster in fashioning this 
amendment. Several members of the committee, including Congressman 
Ewing, Congressman Poshard, and Congressman Barcia--and well as 
Congressman Buyer and other members representing rural, farming 
districts--have been instrumental in bringing to our attention the farm 
vehicle issue.
  I urge the House to approve the amendment and H.R. 3153.
  Madam Speaker, I reserve the balance of my time.
  Mr. OBERSTAR. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise in support of the amendment in the nature of a 
substitute to H.R. 3153 offered by the gentleman from Wisconsin, the 
chairman of the subcommittee.
  Again, I want to commend our chairman, the gentleman from 
Pennsylvania [Mr. Shuster], and the chairman of the subcommittee, the 
gentleman from Wisconsin [Mr. Petri], for the splendid working 
relationship we have had throughout this rather complex and at times 
contentious issue, not contentious among Members, but contentious among 
those affected by the issue, and to come to a meeting of the minds and 
an agreement on how to proceed. We have, I think, a very fair and 
workable and, most importantly, a good piece of policy here.
  Madam Speaker, as we proceed with this issue, we have to keep the 
objective in mind. That is, management of

[[Page H10777]]

hazardous materials in transportation. Hazardous materials are 
regulated as they move among the States simply because they are 
potentially dangerous. Federal involvement is an important element to 
assure that citizens across the country receive equal treatment and the 
same level of protection.
  The Department of Transportation should not grant exemptions from its 
standards unless the Department is convinced that the exemption will 
not reduce the margin of safety.
  The substitute amendment before us deals with two exemptions now 
under consideration by the Department of Transportation. First, the 
substitute directs DOT to complete expeditiously that part of its HM-
200 rulemaking related to hazardous materials of trade. DOT proposes 
exceptions in response to comments it received on the broader, more 
controversial intrastate rulemaking.
  Many businesses use small quantities of hazardous materials in 
conducting their principal business. Among those are lawn care 
companies, pest control companies, swimming pool service companies, and 
many of those are very small businesses.

                              {time}  1230

  They are family owned, they have very few employees, and they present 
unique cases. It was appropriate for the Department to understand their 
unique circumstances and undertake to alleviate heavy burdens, while at 
the same time assuring that public safety will be protected.
  The proposed rules would exempt those companies from complying with a 
limited number of transportation regulations, including training and 
incident reporting requirements, under controlled conditions. To 
qualify, a company would have to meet 3 basic criteria. First, the 
affected materials would include only those normally carried on a motor 
vehicle in relatively small quantities. The exemption should be limited 
with respect to both the quantity per package and the total quantity 
per motor vehicle. Second, to qualify for the exemption, a company 
would have to use either the manufacturer's original packaging or 
packaging of equal or greater strength. Third, to qualify, the motor 
vehicle operator would have to be aware of the materials that are on 
board and be familiar with the materials of trade regulations. I think 
that is a fair requirement to impose upon small companies. 
These regulations are not burdensome. These requirements and exceptions 
are not serious exceptions from public safety, either.

  The chairman's substitute directs DOT to complete action on the 
proposal in an expeditious fashion. The substitute, though, does not 
dictate the outcome of DOT's rulemaking. That was very important for me 
and I think for our side and for the Department, that under the 
substitute the DOT should have complete discretion in making its final 
decision as to whether an exemption can be granted without sacrificing 
safety.
  The substitute also addresses the concerns of farmers and farm-
related service industries who operate pursuant to State exceptions. 
The substitute provides that if the final rule for HM-200 relating to 
intrastate transportation prohibits States from granting exceptions for 
not-for-hire intrastate transportation by farmers and farm-related 
service industries, in that circumstance, the rule would not take 
effect for those entities until either the reauthorization of the 
HazMat program or until 180 days after the effective date of the final 
rule, whichever is sooner. That is an important distinction. I had 
initially proposed that the rule not take effect for 270 days after the 
initiation of the rulemaking. We now have a compromise that is fair, 
180 days after the effective date of the final rule. The practical 
effect of this language is that it takes the application of the HazMat 
rulemaking well past planting season next year for farmers and well 
past the summer season for farmers so that they can continue to operate 
under existing rules and laws without any changes while the full effect 
of any change adopted by the Department of Transportation is evaluated 
by the farming community and while Congress then will have time to more 
fully consider both the safety implications, the regulatory burden, 
and, if necessary, take additional legislative action.
  So the provision that we are including in this legislation preserves 
the integrity of the rulemaking process, not prejudging its outcome, 
allowing it to proceed to completion, but providing a safety valve for 
those who are either adversely affected by it because they are the 
operators or those who may be adversely affected by a spill that will 
cause harm to the environment or to health and safety.
  Neither the materials of trade nor the farmers and farm-related 
services provision predetermines the outcome of DOT's rulemaking. The 
rulemaking process goes forward including thorough consideration of all 
relevant comments in support of and in opposition to the proposed 
exceptions. I think this is a fair outcome.
  We have had extensive discussion with Chairman Shuster and Chairman 
Petri, with the gentleman from West Virginia, Mr. Rahall, our ranking 
member on the Subcommittee on Surface Transportation, the gentleman 
from Illinois, Mr. Poshard, of our committee, the gentleman from 
Michigan, Mr. Barcia, of our committee, and the gentleman from Illinois 
Mr. Ewing, on the Republican side also of our committee. And we have 
had very good discussion with farmers and farm-related entities who 
also have a stake in the outcome of this legislation and in the outcome 
of this rulemaking.
  Madam Speaker, I reserve the balance of my time.
  Mr. PETRI. Madam Speaker, I yield 5 minutes to the gentleman from 
Texas [Mr. DeLay], the sponsor of the legislation.
  Mr. DeLAY. Madam Speaker, I want to commend the gentleman from 
Minnesota [Mr. Oberstar] and the gentleman from Wisconsin [Mr. Petri] 
for working on this bill and understanding how important this bill is 
to so many people. I also want to thank the gentleman from California 
[Mr. Waxman] along with the gentlewoman from Nevada [Mrs. Vucanovich] 
who are both on the Corrections Day Advisory Group, for helping us work 
through this legislation.
  Madam Speaker, I am very pleased to speak in favor of H.R. 3153, the 
Small Business Transport Correction Advancement Act. This bill, the 
product of months of meetings and negotiations and hard work, will 
provide countless small businesses with much needed commonsense relief 
from excessive Federal regulations.
  The gentleman from California [Mr. Condit] and I introduced H.R. 3153 
to try to fix what I think is a ridiculous situation where the drivers 
of small vehicles carrying small quantities of relatively benign 
substances such as nail polish remover and spray paint are being 
required to retain complex shipping papers for at least a year, mark 
containers on a daily basis and undergo training on how to handle these 
substances.
  While DOT's hazardous materials regulations do serve a worthwhile 
purpose, everyone agrees that they were not intended to cover the 
transport of a spare can of gasoline in a gardener's pickup truck.
  Earlier this year, DOT proposed a materials of trade exception from 
HazMat regulations for small businesses that transport small quantities 
of hazardous materials as part of their business. While we are pleased 
to see that the Department shares our concern that small businesses are 
being unnecessarily heavily regulated, we were disturbed that this 
proposal was attached to a much larger and more controversial proposed 
rule dealing with intrastate regulation which has been on the docket 
since 1987.
  Based on DOT's assertion that it expects to issue its final rule on 
December 31 of this year, H.R. 3153 simply acts as an insurance policy, 
setting December 31 as the deadline by which the Department must issue 
a final rule establishing a materials of trade exception.
  If DOT succeeds in issuing a final rule by this date, then this bill 
will not be necessary. But if the bigger issue of intrastate regulation 
requires additional discussion, then at least small businesses will not 
be held hostage to that separate debate.
  Currently this bill has 58 cosponsors and is a bipartisan bill. 
Further, a diverse coalition of over 20 organizations, ranging from the 
National Federation of Independent Business and the National Restaurant 
Association to the

[[Page H10778]]

Society of American Florists and Walt Disney, have come together in 
support of this bill.
  H.R. 3153 will help roofers, painters, plumbers, housekeepers and 
cosmetic supply salespeople, among many others. I urge my colleagues to 
support this bill as a prime example of how this Congress is trying to 
provide commonsense relief to the small businesses of this country, 
which are also the biggest job creators in this country.
  Mr. OBERSTAR. Madam Speaker, I yield myself 2 minutes, and I yield to 
the gentleman from Illinois [Mr. Poshard] for purposes of a colloquy.
  Mr. POSHARD. Madam Speaker, H.R. 3153 has been amended to delay 
implementation of the Department of Transportation final rule under 
docket No. HM-200 for not-for-hire intrastate transportation by farmers 
and farm-related service industries, if the final rule does not allow 
States to grant exceptions.
  Is it the understanding of the gentleman that this rulemaking, as 
explained in notice of proposed rulemaking in the March 20, 1996 
Federal Register, will allow for a 1-year transition period from the 
date of publication of the rule?
  Mr. OBERSTAR. That is my understanding and the gentleman has stated 
the issue correctly.
  Mr. POSHARD. Further, it is the understanding of the gentleman that 
the amendment to H.R. 3153 is accepted for the purpose for providing 
sufficient time for Congress to study and address this issue as it 
relates to farmers and farm-related service industries?
  Mr. OBERSTAR. Again the gentleman has stated the issue correctly. 
That is the understanding and that is the purpose of this amendment to 
H.R. 3153.
  Mr. POSHARD. I thank the gentleman from Minnesota for yielding.
  Mr. OBERSTAR. Madam Speaker, I yield 3 minutes to the gentleman from 
Illinois [Mr. Poshard].
  Mr. POSHARD. Madam Speaker, I would like to thank personally the 
gentleman from Minnesota [Mr. Oberstar], the ranking minority member of 
the Committee on Transportation and Infrastructure, in no uncertain 
terms for his efforts and cooperation in regard to this legislation.
  As we have mentioned, H.R. 3153 pertains to proposed regulations for 
the transportation of hazardous materials. The Department of 
Transportation has for some time been working on uniform nationwide 
regulations for the interstate transportation of hazardous materials.
  H.R. 3153 is a bipartisan measure that will not only help bring this 
process to its conclusion but will ensure that effective State 
exceptions for intrastate transportation of such materials will not be 
immediately prohibited upon the effective date of the final rule.
  This will allow for congressional scrutiny next year while not 
burdening the Nation's farmers with costly mandates that have been 
determined to be superfluous at the State and local level.
  Madam Speaker, I would also like to acknowledge the gentleman from 
Pennsylvania [Mr. Shuster], the chairman of the Committee on 
Transportation and Infrastructure, and the gentleman from Wisconsin 
[Mr. Petri], the chairman of the subcommittee, for their support as 
well as the hard work of the gentleman from Illinois [Mr. Ewing], the 
gentleman from Michigan [Mr. Barcia], the gentleman from Illinois [Mr. 
LaHood], and the gentleman from Indiana [Mr. Buyer] on this issue, and, 
of course, the gentleman from Texas [Mr. DeLay], the sponsor of the 
bill itself.
  Mr. EWING. The gentleman from Illinois [Mr. LaHood] and I are 
neighbors in the congressional districts of central Illinois, so we 
know how important this legislation is to the Committee on Agriculture. 
It has been my pleasure to work with these gentleman as well as the 
gentleman from Michigan [Mr. Barcia] who is a fellow colleague on the 
Committee on Transportation and Infrastructure, and they, along with 
the gentleman from Indiana [Mr. Buyer], have been an integral part of 
this process and their support is much appreciated.
  Mr. PETRI. Madam Speaker, I yield 4 minutes to the gentleman from 
Illinois [Mr. LaHood].
  Mr. LaHOOD. Madam Speaker, I rise in support of H.R. 3153 which, 
through the hard work of Congressmen Tom Ewing and Steve Buyer, has 
been amended to provide relief for farmers and agricultural drivers 
from the Department of Transportation's rulemaking of the 
transportation of hazardous materials.
  I want to thank the gentleman from Illinois [Mr. Ewing], the 
gentleman from Indiana [Mr. Buyer], the gentleman from Illinois [Mr. 
Poshard], the gentleman from Wisconsin [Mr. Petri], and the gentleman 
from Pennsylvania [Mr. Shuster] for spearheading this important effort 
that will help protect farmers from unnecessary regulation.

                              {time}  1245

  Unfortunately, neither could be present today due to long-standing 
prior commitments, but I believe they deserve our sincere thanks for 
moving this forward.
  I also want to thank Congressman Oberstar for being so helpful to the 
agricultural community.
  Their leadership on this issue has been extremely valuable. Absent 
substantial modifications, the HM-200 rulemaking presently being 
proposed by the U.S. DOT/Research and Special Programs Administration 
would supersede every State exception granted to the agriculture 
industry for transfer of agricultural production materials, such as 
fertilizers, and fuel from retail-to-farm and from farm-to-farm.
  The agreement contained in section 4 of H.R. 3143 would provide 
relief for farmers and retailers, and allow States to do exactly what 
they are now doing, until after Congress has had a chance to review, 
and correct if necessary, DOT's final rule.
  The agreement in the bill today would continue the current practice 
regarding the transportation of agricultural products until after 
Congress passes a reauthorization of the Hazardous Materials 
Transportation Safety Act, or through the 1998 planting season.
  All of the congressional supporters of H.R. 3799 and H.R. 4102, the 
Farm Transportation Regulatory Relief Act, realize that agriculture has 
unique needs and operates under critical seasonal time pressures.
  Burdening farmers with unnecessary bureaucratic requirements such as 
having to placard their trucks, carry shipping documents, and provide a 
24-hour emergency response phone number will only impede farmers' 
ability to efficiently plant and care for their crops. These 
regulations, Madam Speaker, will not improve rural highway safety--they 
will only hurt our Nation's farmers.
  Mr. BUYER. Madam Speaker, the matter before us today is a perfect 
example of how this institution can work effectively and in a 
bipartisan manner to combat bad policy. I am grateful to Mr. Ewing, Mr. 
Poshard, and Mr. Barcia for their strong support and diligent efforts 
in this matter. In addition, I appreciate the assistance and 
cooperation of Chairman Shuster, Ranking Minority Member Oberstar, 
Subcommittee Chairman Petri, Subcommittee Ranking Member Rahall, and 
Majority Whip DeLay.
  For the past few months a bipartisan effort has undertaken a cause to 
address a little known proposed regulation, HM-200, regarding the 
Federal Hazardous Materials Transportation Act that would most likely 
cost the average farmer between $2,000 to $3,000. The overall impact of 
the regulation could exceed $7 billion for the agriculture industry.
  The Department of Transportation's [DOT] proposed regulation would 
supercede every State exception granted to the agriculture industry in 
the transferring of agricultural production material from either 
retail-to-farm or from farm-to-farm. Besides the regulatory burdens of 
such a mandate, the enforcement is even less practical.
  On June 27, 1996, I spoke during consideration of the fiscal year 
1997 Transportation appropriations bill regarding HM-200. The next day 
many farmers, members of the agriculture industry, and colleagues 
contacted my office expressing opposition to HM-200. As a result, I 
introduced H.R. 3799, a bill that seeks to provide the States with the 
authority to grant exceptions to the agriculture industry. Soon 
afterwards, 48 of our colleagues joined my in sending a bipartisan 
letter to Dr. D.K. Sharma, administrator of the Research and Special 
Programs Administration of the Department of Transportation, in 
opposition to the proposed rule.
  Madam Speaker, many States have had in place for years exceptions 
that allow retailers and farmers to transport regulated agrichemicals 
to the farms without having to placard their trucks, carry shipping 
documents, and provide a 24-hour emergency response

[[Page H10779]]

phone number. The rural, local transportation of agrichemicals under 
these exceptions has allowed agribusinesses and farmers to move product 
efficiently and safely during the farming season. In fact, most of 
these chemicals are transferred during a short 2 to 4 week period.
  Without the same exceptions that have been granted for the industry 
in the transfer of such chemicals in the past, farmers will have to 
abide by time consuming, burdensome, and costly regulations. Such 
regulations will not make our rural roads safer, but only increase the 
cost of doing business, cause confusion, and require farmers to 
complete useless paperwork. The penalty for not abiding by the 
regulations can run $2,500 to $10,000 per violation.
  Our bipartisan effort believes the one-size-fits-all approach fails 
to recognize the unique seasonal and rural nature of this business. 
Second, by States already allowing such exceptions, they have weighed 
the concerns and found the risks to be minimal. Finally, the goal of 
these efforts has been to allow States the right to continue to provide 
exceptions for the transfer of such chemicals from retail-to-farm and 
from farm-to-farm if they so decide.

  To farmers, this proposed regulation represents another heavyhanded 
Federal regulation that is not needed, but inhibits farmers' ability to 
produce food for our Nation and the world. To me this is bigger--more 
intrusive--government. This is a perfect example of Washington 
bureaucrats not following the intent of Congress. When bureaucrats who 
have most likely never worked on a farm make rules that affect the 
industry the result is often bad policy.
  Madam Speaker, at every step, this effort has gotten stronger and 
stronger. Last week, Congressmen Ewing, Poshard, Barcia, and I 
introduced H.R. 4102 which is legislation that is more narrow than the 
original bill, H.R. 3799. Today, the language included in H.R. 3153 is 
a giant step in the right direction. Specifically, this bill would 
prohibit the final rule by the Department of Transportation under the 
rulemaking proceedings from prohibiting States from granting exceptions 
for farmers and farm-related service industries before the enactment of 
HAZMAT reauthorization or until the 180th day following the effective 
date of the final rule.
  This bill provides Congress the opportunity to address this matter 
when Congress reauthorizes the HAZMAT during the 105th Congress, thus, 
allowing Congress to write responsible legislation while prohibiting 
the DOT from prohibiting farmers and those in the agricultural industry 
from transporting such chemicals if their respective States allow.
  Again, I thank all those who participated in this bipartisan effort.
  Mr. OBERSTAR. Madam Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  Mr. PETRI. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Pursuant to the rule, the previous question 
is ordered on the committee amendment in the nature of a substitute and 
on the bill.
  The question is on the amendment in the nature of a substitute 
offered by the gentleman from Wisconsin [Mr. Petri].
  The amendment in the nature of a substitute was agreed to.
  The SPEAKER pro tempore. The question is on engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and (three-fifths having voted in favor 
thereof) the bill was passed.
  The title of the bill was amended so as to read: ``A bill to direct 
the Secretary of Transportation to issue a final rule relating to 
materials of trade exceptions from hazardous materials transportation 
requirements.''
  A motion to reconsider was laid on the table.

                          ____________________