[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.

                                 
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