[Congressional Record Volume 150, Number 44 (Thursday, April 1, 2004)]
[House]
[Pages H2034-H2036]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS
The SPEAKER pro tempore. Pursuant to House Resolution 593 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 3550.
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In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (H.R. 3550) to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes,
with Mr. Simpson (Chairman pro tempore) in the chair.
The Clerk read the title of the bill.
The CHAIRMAN pro tempore. When the Committee of the Whole rose
earlier today, the amendment numbered 17 printed in part B of House
Report 108-456, offered by the gentleman from Alabama (Mr. Bachus), had
been disposed of.
It is now in order to consider amendment No. 20 printed in House
Report 108-456.
Amendment No. 20 Offered by Mr. Bradley of New Hampshire
Mr. BRADLEY of New Hampshire. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 20 offered by Mr. Bradley of New Hampshire:
Add at the end the following new section:
SECTION 1. VEHICLE WEIGHT LIMITATIONS.
(a) The next to the last sentence of section 127(a) of
title 23, United States Code, is amended by striking
``Interstate Route 95'' and inserting ``Interstate Routes 89,
93, and 95''.
(b)(1) In General.--In consultation with the Secretary of
Transportation, the State of New Hampshire shall conduct a
study analyzing the economic, safety, and infrastructure
impacts of the exemption provided by the amendment made by
subsection (a), including the impact of not having such an
exemption. In preparing the study, the State shall provide
adequate opportunity for public comment.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
$250,000 for fiscal year 2004 to carry out the study.
(3) Applicability of title 23, United States Code.--Funds
authorized by this section shall be available for obligation
in the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that such
funds shall remain available until expended.
The CHAIRMAN pro tempore. Pursuant to House Resolution 593, the
gentleman from New Hampshire (Mr. Bradley) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentleman from New Hampshire (Mr. Bradley).
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chairman, I propose this amendment for consideration by the
Congress so that it can strictly apply to the State of New Hampshire,
raising the weight limits on trucks that travel on Interstate 89 and
Interstate 93. Currently, right now, Mr. Chairman, we have trucks
avoiding our main highways and driving through some of the most
populated towns in our State in order to avoid the weight limit.
Mr. Chairman, when I proposed this amendment to the Committee on
Rules, I submitted for the record letters from many public safety
people throughout our State, including the Department of Safety, the
Department of Transportation, local police chiefs, as well as town
councilors, and others supporting this amendment.
The reason people in New Hampshire support this amendment, Mr.
Chairman, is that our trucks are riding on roads where there is no
weight limit up to 99,000 pounds, presenting significant public safety
issues, going by schools and other places of assembly. We need to get
these trucks on our highways where they are safer and where they are
designed to be operated.
Mr. Chairman, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I claim the time in opposition, and I
yield myself 1 minute.
Mr. Chairman, Congress, some years ago, granted New Hampshire limited
exemptions from the Federal truck size and weight limits. We required
that the State complete the study of the impacts upon the State's
infrastructure, and even allocated $250,000 to undertake the study. The
State has not completed its study. DOT, U.S. Federal
[[Page H2035]]
DOT says that 80,000-pound six-axle trucks pay only 90 percent of their
infrastructure damage through fuel taxes. Six-axle trucks operating
100,000 pounds pay only 40 percent of their costs.
These trucks have a huge adverse impact on our highways and bridges,
especially our bridge infrastructure. I will return to that subject
later.
Mr. Chairman, I reserve the balance of my time.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield myself such time
as I may consume to respond that perhaps my esteemed colleague is not
aware of the fact that New Hampshire requested this exact type of study
to be done in the last transportation authorization on Route 95, which
is the north-south route that goes all through New England. When a
study was done by the Maine Department of Transportation, while it has
not been published, all indicators are that there have been no safety
impacts and negligible costs to the infrastructure from raising the
weight limits from 80,000 pounds gross vehicle weight to 99,000 pounds,
exactly what we are asking for Route 93 and Route 89.
So, Mr. Chairman, the money has already been appropriated in the last
transportation appropriations bill. There is no impact on the budget.
We will not permanently raise the weight limit in the absence of this
study. We are asking for the authorization to go ahead with the weight
limit increase while the study is being performed.
And as I said, all of the public safety officials in my State are
supportive of this weight limit increase. Because currently, right now,
we have large trucks avoiding the weight limitation station and driving
through two of the most populous communities in the State, where there
are schools and where there are many kids on bicycles. We need to get
these trucks on the highway.
As I said, the study that was done on Route 95 will show no
negligible safety or infrastructure effect.
Mr. Chairman, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I yield myself 15 seconds.
The gentleman referred to a study, but he is referring only to
preliminary results. The study results are not final.
Mr. Chairman, I yield 2 minutes to the gentleman from Massachusetts
(Mr. McGovern).
Mr. McGOVERN. Mr. Chairman, I thank the gentleman for yielding me
this time, and with all due respect to my colleague from New Hampshire,
I rise in opposition to this amendment.
This amendment is about opening the door to allow bigger and bigger
trucks on our interstate highway system. And although this amendment is
drafted in a form that appears to apply only to the State of New
Hampshire, its impact will reach all States, all taxpayers, and all
motorists.
Allowing these superheavy trucks on the interstates in New Hampshire
would cause substantial bridge damage, cost the taxpayers money, and
threaten the safety of motorists, and not just impacting the people of
New Hampshire but people all across this country.
Let me explain. Operating 99,000-pound trucks on New Hampshire's
interstates would require replacing and strengthening interstate
bridges, at a huge cost to taxpayers all over this country. Heavier
single tractor trailer trucks do not pay for all the damage they do to
roadways. According to the U.S. Department of Transportation, a
100,000-pound six-axle single tractor-trailer truck pays only 40
percent. Taxpayers pay the rest. Not just taxpayers in New Hampshire,
but all across this country.
Heavier singles pose numerous safety risks. As weights go from 65,000
to 80,000 pounds, the risk of an accident involving a fatality goes up
50 percent. In addition, these superheavy trucks will have added
braking and steering problems and the risk for rollover will increase.
Now, I believe that 80,000 pounds is enough on the interstate, on
urban connectors, and all roads. So there are consequences here that go
far beyond what the gentleman has outlined. So while I have great
respect for him, and I understand his concern about safety, I think the
debate should be about the fact that these trucks get bigger and bigger
and bigger. I think that is what poses the safety risks to the people
of New Hampshire and people all over the country.
Mr. OBERSTAR. Mr. Chairman, I reserve the balance of my time.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield myself such time
as I may consume to respond to the criticisms of my esteemed colleague
from Massachusetts, and remind my colleague from Massachusetts that I,
from New Hampshire, ask only the same consideration and the same laws
with regard to truck weight limit that now apply in his State of
Massachusetts, which on all highways, to the best of my knowledge,
allow at least 99,000 pounds gross vehicle weight, and in some
instances, with a waiver, up to 120,000 pounds.
I would also remind my colleague that when we are talking about
public safety with regard to New Hampshire, the commissioner of the
Department of Safety, the commissioner of the Department of
Transportation, local police chiefs, fire chiefs, town councilors,
elected officials from the impacted communities where trucks are
leaving the highway and going downtown, where there is traffic, where
there are kids, where there are schools and churches, and where there
are community centers, et cetera, et cetera, et cetera, we all want to
try and get these trucks on our highways where the safety impact to
people's lives and well-being will not be hurt.
Mr. Chairman, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I would like to inquire of the Chair the
time remaining on both sides.
The CHAIRMAN pro tempore. The gentleman from Minnesota (Mr. Oberstar)
has 1\3/4\ minutes remaining, and the gentleman from New Hampshire (Mr.
Bradley) has 1\1/2\ minutes remaining.
Mr. OBERSTAR. Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN pro tempore. The gentleman from Minnesota (Mr. Oberstar)
has the right to close.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield myself such time
as I may consume, and in closing I would ask the consideration of the
body for this request.
This applies only to the State of New Hampshire. All of the public
safety officials in my State are supportive of this change. It is
designed to protect the lives of people in the communities where there
are, as I have mentioned before, schools, traffic, downtown crossings.
I would ask the consideration of the Congress for this sensible
change. There is no impact on the budget, as the money for this study
was appropriated in the last transportation authorization bill.
Mr. Chairman, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I yield 30 seconds to the gentleman from
Massachusetts (Mr. McGovern).
Mr. McGOVERN. Mr. Chairman, I would say to my colleague from New
Hampshire that the difference between Massachusetts and New Hampshire
is that the trucks that he is referring to operate on toll roads, and
the taxpayers of Massachusetts are paying for the damage that is done
by these heavier trucks on these roads, not the taxpayers across the
country. That is a major difference.
Again, I oppose this amendment for all the reasons that I stated, and
I would simply remind my colleagues that this bill that we have before
us today is underfunded. It does not meet all of what DOT says we need
to have to be able to maintain the status quo in terms of maintaining
our transportation infrastructure.
This, in my opinion, opens the door to bigger trucks, not only in New
Hampshire but in other parts of the country as well.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield myself the
balance of my time.
Mr. Chairman, Route 93 in New Hampshire is indeed a toll road, and we
are asking for the same consideration that Massachusetts currently
enjoys, which is 99,000 gross vehicle weight limit. And what is good
for Massachusetts clearly should be good for New Hampshire.
The CHAIRMAN pro tempore. Time of the gentleman from New Hampshire
(Mr. Bradley) has expired.
Mr. OBERSTAR. Mr. Chairman, I yield myself the balance of my time.
[[Page H2036]]
It simply comes down to this: heavier trucks are more dangerous. They
are more costly to the Nation's highways. As truck weights increase,
fatal accident rates go up, according to the University of Michigan's
transportation research study.
Heavier tractor-trailers raise the center of gravity of the vehicle
and its load, increasing rollovers. Heavier vehicles mean increasing
speed differentials with other traffic. Increasing truck weights result
in greater brake maintenance problems. Brakes are out of adjustment,
trucks take longer to stop. It is just that simple.
I have studied this issue for many years. Heavier trucks are worse on
the roadway, worse still on bridges, and are involved in a highly
disproportionate greater number of accidents.
Vote ``no'' on the amendment.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN pro tempore. The question is on the amendment offered by
the gentleman from New Hampshire (Mr. Bradley).
The question was taken; and the Chairman pro tempore announced that
the noes appeared to have it.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from New
Hampshire (Mr. Bradley) will be postponed.
It is now in order to consider amendment No. 21 printed in House
Report 108-456.
Amendment No. 21 Offered by Mr. Kirk
Mr. KIRK. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 21 offered by Mr. Kirk:
Insert the following at the appropriate place:
SEC. ___. STATE AUTHORITY.
Section 20153 of title 49, United States Code, is amended
by adding at the end the following new subsection:
``(k) State Authority.--
``(1) In general.--Upon application of the Governor of a
State, a State may assume responsibility for determining the
circumstances under which to require the sounding of a
locomotive horn when a train approaches and enters upon
public highway-rail grade crossings, and for enforcing such
requirements.
``(2) Review.--The Secretary shall review any program
established by a State pursuant to paragraph (1) every 5
years, and if the Secretary determines that the State program
inadequately protects rail, vehicular, and pedestrian safety
the Secretary shall, after providing the State with 24 months
notice of such determination, implement regulations issued by
the Secretary under this section in lieu of such State
program.''.
The CHAIRMAN pro tempore. Pursuant to House Resolution 593, the
gentleman from Illinois (Mr. Kirk) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Illinois (Mr. Kirk).
Mr. KIRK. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, in 1994, Congress passed an unfunded mandate on most
local communities in America that maintain quiet zones in their
communities. When the regulations were first drafted, they would
require trains entering the City of Chicago to blow their train horns
on entering the city until arriving into the station. This upset the
people of Chicago. It upset the Mayor of Chicago.
One university study showed that the original train whistle
regulation would trigger so much noise pollution in our communities
that it caused property losses to rise to $1 billion in Chicago lands
alone. A redraft of this regulation offered some help, but at first
glance the cost of implementing this regulation for Chicago communities
rose from $4 million to at least twice that.
My amendment would not change Federal safety standards, but it would
allow a State to implement this regulation.
{time} 1800
Half of all quiet zones are in Illinois. This is an important issue
to my constituents, to the Speaker's and to Ranking Minority Member
Lipinski's.
Mr. Chairman, I had intended to offer this amendment today that would
give governors the option of enforcing train quiet zone standards at
this level. However, I will ask unanimous consent to withdraw my
amendment but would ask the chairman of our subcommittee to engage me
in a colloquy on this.
Mr. PETRI. If the gentleman will yield, I would be very happy to do
so.
Mr. KIRK. Mr. Chairman, many of our communities have quiet zones to
protect their environment from needless noise pollution by trains. The
Federal Government is poised to put forward a regulation that
eliminates our local community quiet zones unless new, expensive, and
very complicated rules are met. Mr. Chairman, I hope we can work
together to address this issue in conference so that local communities
are not overburdened with unfunded Federal mandates and cumbersome
Federal regulations.
Mr. PETRI. That is something that we are eager to work with the
gentleman on. This is important not only in Illinois, it is important
in Wisconsin, in Minnesota, and in a number of other States.
Mr. KIRK. Mr. Chairman, I yield to the gentleman from Illinois.
Mr. LIPINSKI. I thank the gentleman for yielding. I want to say I
compliment my colleague from Illinois for putting this amendment
forward. It certainly is an issue that has been uppermost in my mind
and in Speaker Hastert's mind for a long period of time.
In speaking to him about this particular amendment, we came to the
conclusion that it would be more prudent and wiser to work this out as
we move into the conference. I am sure, based upon many conversations I
have had, that we will be able to work this out satisfactorily. I
simply want to give him my support.
I thank the gentleman from Wisconsin (Mr. Petri) and the gentleman
from Illinois (Mr. Kirk) for the colloquy that they just had.
Mr. KIRK. Mr. Chairman, I renew my unanimous-consent request to
withdraw the amendment.
The CHAIRMAN pro tempore (Mr. Simpson). Without objection, the
amendment is withdrawn.
There was no objection.
Mr. PETRI. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Petri) having assumed the chair, Mr. Simpson, Chairman pro tempore of
the Committee of the Whole House on the State of the Union, reported
that that Committee, having had under consideration the bill (H.R.
3550) to authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes, had come to no
resolution thereon.
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