[Senate Report 104-233]
[From the U.S. Government Publishing Office]
104th Congress 2d Session SENATE Report
104-233
_______________________________________________________________________
Calendar No. 335
RELIEVE FARMERS FROM LIMITATIONS ON DRIVING TIME
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 604
February 9 (legislative day, February 7), 1996.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourth congress
second session
LARRY PRESSLER, South Dakota,
Chairman
ERNEST F. HOLLINGS, South Carolina TED STEVENS, Alaska
DANIEL K. INOUYE, Hawaii JOHN McCAIN, Arizona
WENDELL H. FORD, Kentucky CONRAD BURNS, Montana
J. JAMES EXON, Nebraska SLADE GORTON, Washington
JOHN D. ROCKEFELLER IV, West VirginiaTRENT LOTT, Mississippi
JOHN F. KERRY, Massachusetts KAY BAILEY HUTCHISON, Texas
JOHN B. BREAUX, Louisiana OLYMPIA SNOWE, Maine
RICHARD H. BRYAN, Nevada JOHN ASHCROFT, Missouri
BYRON L. DORGAN, North Dakota BILL FRIST, Tennessee
Patric G. Link, Chief of Staff
Kevin G. Curtin, Democratic Chief
Counsel and Staff Director
Calendar No. 335
104th Congress Report
SENATE
2d Session 104-233
_______________________________________________________________________
RELIEVE FARMERS FROM LIMITATIONS ON DRIVING TIME
_______
February 9 (legislative day, February 7), 1996.--Ordered to be printed
_______________________________________________________________________
Mr. Pressler, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 604]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 604) to amend title 49, United
States Code, to relieve farmers and retail farm suppliers from
limitations on maximum driving and on-duty time in the
transportation of agricultural commodities or farm supplies if
such transportation occurs within a 100-air mile radius of the
source of the commodities or the distribution point for the
farm supplies, having considered the same, reports favorably
thereon with an amendment in the nature of a substitute and an
amendment to the title and recommends that the bill as amended
do pass.
Purpose of the Bill
The purpose of S. 604 as reported is to provide an exemption
for farmers and retail farm suppliers from Department of
Transportation (DOT) hours-of-service regulations limiting
maximum driving and on-duty time when transporting farm
supplies within a 50-mile radius of their distribution point
during the crop-planting and harvesting season.
Background and Needs
Currently, DOT regulations limit maximum driving and on-duty
time for drivers of commercial vehicles and, under certain
circumstances, can require drivers to take three days off after
working up to 15 hours a day for four days straight. These
hours-of-service regulations are unduly burdensome for farmers
and retail farm suppliers during the limited, but intense, six-
to-eight week planting and harvesting season.
The Committee and the agricultural community recognize the
safety reasons for time limitations to be imposed on long-haul
truck drivers who operate commercial vehicles every day for a
living. The farmers and their retail suppliers object, however,
to regulations that make them stop during the delivery of time-
sensitive planting and harvesting supplies so they can
accumulate enough off-duty time to resume driving. Changing
weather conditions can also make immediate delivery of
necessary supplies imperative.
It is also becoming more prevalent for trained agronomic
experts to provide expert advice on the use of seed, feed, and
materials and assist in the interpretation of environmental
regulations related to the application of chemicals and
fertilizers. Due to the narrow window of opportunity for the
plant growing season, these experts provide delivery as part of
their service, but it is not their principal function.
DOT has recognized the need for exemptions from its
transportation limitations. Specifically, DOT has granted
hours-of-service exemptions for small package delivery drivers
to meet delivery demands during the holiday season. However, no
exemption exists for farmers or farm suppliers to enable them
to meet legitimate and time-sensitive demands imposed during
the planting or harvesting season.
Legislative History
The substitute amendment responds to a long-standing
concern of members of the Committee and the agriculture
constituency that the DOT's hours-of-service regulations are
unduly burdensome for farmers and farm suppliers during the
limited, but intense, planting and harvesting season. An Exon
amendment almost identical to the substitute was first approved
by the Committee, during the 102nd Congress, as part of S.
1583, the Pipeline Safety Improvement Act of 1991, although it
was not enacted.
An hours-of-service exemption provision for farmers was
enacted into law on August 26, 1994, as part of the Hazardous
Materials Transportation Authorization Act of 1994 (Public Law
103-311). However, the enacted provision was greatly reduced in
scope during conference negotiations with the House of
Representatives. Instead of providing the exemption, the
enacted provision directed the Secretary of Transportation to
initiate a rulemaking, within three months of enactment, to
determine whether or not the hours-of-service requirements
might be waived for farmers and retail farm suppliers under
certain circumstances.
In response, on December 8, 1994, DOT issued an Advance
Notice of Proposed Rulemaking (ANPRM) on ``Maximum Driving and
On-Duty Time: Hours of Service for Farmers and Retail Farm
Suppliers.'' The ANPRM sought, by February 6, 1995, comments
and safety data necessary to justify a waiver under the
statutory two-prong test created by the Motor Carrier Safety
Act of 1984. Under the test DOT may waive, in whole or in part,
any of the Federal Motor Carrier Safety Regulations if it is
determined that such a waiver is consistent with the public
interest and safe operation of commercial motor vehicles.
DOT admits the statutory test for the granting of waivers
is extremely difficult to meet. None of the petitions
requesting waivers from hours-of-service requirements has been
granted since 1984.
S. 604 was introduced in the Senate on March 23, 1995, by
Chairman Pressler. In open executive session on Thursday,
August 10, 1995, the Committee approved without objection the
substitute amendment offered by Chairman Pressler to S. 604.
This amendment provides an exemption for farmers and retail
farm suppliers from the DOT limitations on maximum driving and
on-duty time when such farmers and retail farm suppliers are
transporting farm supplies for agricultural purposes within a
50-mile radius of their distribution point during the crop
planting and harvesting seasons.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and Section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 17, 1995.
Hon. Larry Pressler,
Chairman, Committee on Commerce, Science, and Transportation, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed S. 604, a bill to exempt certain farm transportation
from hours of service requirements of Title 49, Code of Federal
Regulations, as ordered reported by the Senate Committee on
Commerce, Science, and Transportation on August 10, 1995. The
bill would exempt certain farmers and farm suppliers from
limitations on maximum driving and on-duty time on the
transportation of agricultural supplies and commodities. Such
limitations are currently required by the Department of
Transportation pursuant to Section 31502 of Title 49, United
States Code. Enacting S. 604 would not affect the federal
budget or the budgets of state and local governments.
Enacting S. 604 would not affect direct spending on
receipts. Therefore, pay-as-you-go procedures would not apply
to the bill.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is John
Patterson.
Sincerely,
June E. O'Neill, Director.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation:
Number of persons covered
This legislation simply provides regulatory relief for
persons already involved in the delivery of farm supplies.
Therefore, the numbers of persons covered should be consistent
with current levels.
Economic impact
No negative impact on the taxpayer is expected from this
bill. Relieving farmers and retail farm suppliers from
burdensome regulations may reduce costs related to delivery of
farm supplies.
Privacy
This legislation will not have any adverse impact on the
personal privacy of the individuals affected.
Paperwork
As this bill simply provides an exemption from the DOT
hours-of-service requirement for motor carrier operators under
certain circumstances, there should be no change in paperwork.
Section-by-section Analysis
The bill consists of one section. It provides that the
Secretary of Transportation shall exempt farmers and retail
farm suppliers from the hours of service requirements contained
in section 395.3 of title 49, Code of Federal Regulations, when
such farmers and retail farm suppliers are transporting farm
supplies for agricultural purposes within a 50-mile radius of
their distribution point during the crop-planting and
harvesting seasons.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change in existing law.