[Congressional Record Volume 144, Number 25 (Wednesday, March 11, 1998)]
[Senate]
[Pages S1795-S1797]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1997
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TORRICELLI AMENDMENT NO. 1982
(Ordered to lie on the table.)
Mr. TORRICELLI submitted an amendment intended to be proposed by him
to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173,
supra; as follows:
In title III, strike section 3215 and insert the following:
SEC. 3215. HAZARDOUS MATERIAL TRANSPORTATION REAUTHORIZATION.
(a) In General.--Chapter 51, as amended by section 3214 of
this Act, is amended by redesignating section 5128 as section
5129 and by inserting after section 5127 the following:
``Sec. 5128. High risk hazardous material and hazardous
waste; motor carrier safety study
``(a) Study.--The Secretary of Transportation shall conduct
a study--
``(1) to determine the safety benefits and administrative
efficiency of implementing a Federal permit program for high
risk hazardous material and hazardous waste carriers;
``(2) to identify and evaluate alternative regulatory
methods and procedures that may improve the safety of high
risk hazardous
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material and hazardous waste carriers and shippers, including
evaluating whether an annual safety fitness determination
that is linked to permit renewals for hazardous material and
hazardous waste carriers is warranted;
``(3) to examine the safety benefits of increased
monitoring of high risk hazardous material and hazardous
waste carriers, and the costs, benefits, and procedures of
existing State permit programs;
``(4) to make such recommendations as may be appropriate
for the improvement of uniformity among existing State permit
programs; and
``(5) to assess the potential of advanced technologies for
improving the assessment of high risk hazardous material and
hazardous waste carriers' compliance with motor carrier
safety regulations.
``(b) Timeframe.--The Secretary shall begin the study
required by subsection (a) within 6 months after the date of
enactment of the Intermodal Transportation Safety Act of 1998
and complete it within 30 months after the date of enactment
of that Act.
``(c) Report.--The Secretary shall report the findings of
the study required by subsection (a), together with such
recommendations as may be appropriate, within 36 months after
the date of enactment of the Intermodal Transportation Safety
Act of 1998.''.
(b) Section 5109 Regulations To Reflect Study Findings.--
Section 5109(h) is amended by striking ``not later than
November 16, 1991.'' and inserting ``based upon the findings
of the study required by section 5128(a).''.
(c) Conforming Amendment.--The chapter analysis for chapter
51, as amended by section 3214, is amended by striking the
item relating to section 5128 and inserting the following:
``5128. High risk hazardous material and hazardous waste; motor carrier
safety study.
``5129. Authorization of appropriations.''.
Mr. TORRICELLI. Mr. President, I thank Senators McCain, Chafee,
Baucus, and Hollings for their support for my efforts to have the
Department of Transportation investigate how to improve the safety of
transporting high-risk hazardous waste material on our Nation's
highways. This issue is of great concern to me and to the people of New
Jersey.
On October 20, 1997, a truck carrying hazardous materials caught fire
while traveling on Interstate-80 in Paterson, New Jersey causing nearby
residents and businesses to be evacuated. Two Paterson police officers
had to be hospitalized and treated for chemical inhalation as a result
of the accident. According to the police, the fire started when two
chemicals inside the truck spilled over and mixed together.
Though the accident was not severe, it certainly would have been much
worse had a passing motorists not noticed the fire and forced the
driver to pull over. We were also fortunate that the public safety
officials were well-trained and acted as quickly as they did.
What truly concerns me about this accident is the revelation that the
company that was transporting the waste had been involved in 46 spill
incidents at a cost of more than $100,000 since their inception.
Despite this record, their last safety inspection by the Department of
Transportation was conducted in 1994, almost four years ago. When I,
along with Representative Bill Pascrell investigated how this could
possibly be the case, we were stunned to learn that there is nothing in
current law which requires an annual safety examination of hazardous
waste haulers. Under existing law, in order for a company to be a
hauler-for-hire of hazardous material they must possess a permit from
the Department of Transportation's Federal Highway Safety
Administration. Once a hauler obtains a permit, they basically have it
in perpetuity--regardless of their safety record. All they must do is
reapply every year for a new safety permit and pay an application fee.
While the Federal Highway Safety Administration maintains safety
records and conducts safety reviews they do not do annual reviews or
require safety inspections as a part of the certification process.
This is wrong. In my view, this process is too lax and although I
would prefer to require this safety inspection outright, I will
withdraw my amendment to S1173, the Intermodal Surface Transportation
Efficiency Act Reauthorization to require this and instead submit this
amendment to require the Department of Transportation to study how we
may best implement a system of linking the renewal of a company's
Federal permit to its ability to meet certain safety standards. This
approach is fair and is in line with the spirit of the Hazardous
Materials Transportation law.
Once again, I want to thank my colleagues and the Surface
Transportation Subcommittee staff for their assistance with this
amendment. I look forward to its inclusion in the final highway bill.
______
KERRY (AND HAGEL) AMENDMENT NO. 1983
(Ordered to lie on the table.)
Mr. KERRY (for himself and Mr. Hagel) submitted an amendment intended
to be proposed by them to amendment No. 1676 proposed by Mr. Chafee to
the bill, S. 1173, supra; as follows:
At the appropriate place in subtitle D of title III, insert
the following:
SEC. 34____. NEBRASKA SUGAR BEET TRANSPORTATION.
Section 31112(d) of title 49, United States Code, is
amended by striking paragraph (4) and inserting the
following:
``(4) Notwithstanding the limitation under paragraph (1),
the State of Nebraska may allow to be operated commercial
motor vehicle combinations that are within the limitations
under subsection (b) to transport, for a distance not to
exceed 120 miles, sugar beets from--
``(A) the field where those sugar beets are harvested to
storage, market, factory, or stockpile; or
``(B) stockpile to storage, market, or factory.''.
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HUTCHINSON AMENDMENT NO. 1984
(Ordered to lie on the table.)
Mr. HUTCHINSON submitted an amendment intended to be proposed by him
to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173,
supra; as follows:
On page 110, strike lines 22 and 23 and insert the
following:
``(5) Required allocation for certain states.--
``(A) Allocation.--For each of fiscal years 1998 through
2003, the Secretary shall allocate on October 1, to States
eligible under subparagraph (B), for use for projects
described in paragraph (1), $10,000,000 of the amounts set
aside under paragraph (1) from amounts to be apportioned
under subsection (b)(1)(A).
``(B) Eligible states.--A State shall be eligible for an
allocation under subparagraph (A) for a fiscal year if--
``(i) the State ranks among the lowest 10 percent of States
in a ranking of States by per capita personal income;
``(ii) for the State, the ratio that--
``(I) the State's estimated percentage of total Federal-aid
highway program apportionments for the period of fiscal years
1998 through 2003 under this title; bears to
``(II) the percentage of estimated total tax receipts
attributable to highway users in the State paid into the
Highway Trust Fund (other than the Mass Transit Account) for
the period of fiscal years 1998 through 2003;
is less than 1.00, as of the date of enactment of this
subsection; and
``(iii)(I) the State's estimated percentage of total
Federal-aid highway program apportionments for the period of
fiscal years 1998 through 2003 under this title, as of the
date of enactment of this subsection; is less than
``(II) the State's percentage of total Federal-aid highway
program apportionments and Federal lands highways program
allocations under the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1914), and allocations
under sections 1103 through 1108 of that Act, for the period
of fiscal years 1992 through 1997.
``(C) Additional allocation.--An allocation to a State
under subparagraph (A) shall be in addition to any allocation
to the State under paragraph (1).
``(6) Period of availability of discretionary funds.--
Amounts made available under''.
______
GREGG AMENDMENT NO. 1985
(Ordered to lie on the table.)
Mr. GREGG submitted an amendment intended to be proposed by him to
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra;
as follows:
On page ____, after line ____, insert the following:
SEC. ____. REQUIREMENT OF OFFSETS FOR ADDITIONAL ISTEA II
SPENDING BEYOND LEVELS IN 1997 BUDGET
AGREEMENT.
(a) Point of Order.--It shall not be in order in the Senate
to consider a bill or resolution (or amendment, motion, or
conference report on such bill or resolution) that provides
spending for the programs funded under the Intermodal Surface
Transportation Efficiency Act II in excess of the levels
provided in the concurrent resolution on the budget for
fiscal year 1998 if that spending would--
(1) exceed the discretionary budget caps;
(2) cause a reduction in the surpluses projected by CBO; or
(3) adversely effect the actuarial balances of the social
security trust funds.
(b) Waiver.--This section may be waived or suspended in the
Senate only by the affirmative vote of three-fifths of the
Members, duly chosen and sworn.
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(c) Appeals.--Appeals in the Senate from the decisions of
the Chair relating to any provision of this section shall be
limited to 1 hour, to be equally divided between, and
controlled by, the appellant and the manager of the
concurrent resolution, bill, or joint resolution, as the case
may be. An affirmative vote of three-fifths of the Members of
the Senate, duly chosen and sworn, shall be required in the
Senate to sustain an appeal of the ruling of the Chair on a
point of order raised under this section.
(d) Determination of Budget Levels.--For purposes of this
section, the levels of new budget authority, outlays, new
entitlement authority, revenues, and deficits for a fiscal
year shall be determined on the basis of estimates made by
the Committee on the Budget of the Senate.
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DOMENICI AMENDMENT NO. 1986
(Ordered to lie on the table.)
Mr. DOMENICI submitted an amendment intended to be proposed by him to
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra;
as follows:
At the appropriate place, insert the following:
SEC. . DESIGNATION OF NEW MEXICO COMMERCIAL ZONE.
(a) Commercial Zone Defined.--Notwithstanding the
provisions of 49 U.S.C. Section 13902(c)(4)(A), in this
section, for the transportation of property only, the term
``commercial zone'' means a zone containing lands adjacent
to, and commercially a part of, 1 or more municipalities with
respect to which the exception described in section
13506(b)(1) of title 49, United States Code, applies.
(b) Designation of Zone.--
(1) In general.--The area described in paragraph (2) is
designated as a commercial zone, to be known as the ``New
Mexico Commercial Zone.''
(2) Description of area.--The area described in this
paragraph is the area that is comprised of Dona Ana County
and Luna County in New Mexico.
(c) Savings Provision.--Nothing in this section shall
affect any action commenced or pending before the Secretary
of Transportation or Surface Transportation Board before the
date of enactment of this Act.
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