Highlights of Draft Surface Transportation Authorization Bill

Draft Bill Would Replace SAFETEA-LU, Transform U.S. Surface Transportation Programs

The draft authorization bill is intended to replace the current authorization, Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), which is due to expire on September 30, 2009.

The draft is also designed to transform U.S. surface transportation programs to achieve specific national objectives: upgrade the freight transportation network; reduce fatalities and serious injuries on highways; improve mobility and access in metropolitan areas; expand the interconnectivity of communities; provide transportation choices for commuters and travelers; limit the adverse effects of transportation on the environment; and promote modal choice, public health and livability of U.S. communities.

Full Committee Markup Could be Completed as Soon as End of July

Congressional sources indicate that Committee Chairman Oberstar would like the full Committee markup to be completed by the end of July 2009.

SAFETEA-LU extension decision. Sources also indicate that a decision on whether it will be necessary to pursue an extension of current surface transportation programs is expected by the time the full Committee mark up is held.

DOT proposes 18-month extension. On June 24, 2009, Democratic members of the House Transportation and Infrastructure Committee sent a letter to the President expressing disappointment in the Transportation Secretary's proposal to extend the current surface transportation programs for 18 months (through March 31, 2011). The letter notes that a surface transportation authorization bill has already started moving through the Committee.

Highway Trust Fund and Other Funding Provisions Not Yet Part of Draft Bill

According to Congressional sources, the Committee's draft bill does not include a provision to fund the Highway Trust Fund or other funding provisions. Legislative language to provide Highways Trust Fund funding and other funding provisions will be provided by the House Ways and Means Committee and is expected to be added to the Committee's draft in conjunction with a full Committee mark up.

Trade-Related Provisions in Draft Bill

Specific trade-related provisions in the draft bill, include (partial list):

Office of Intermodalism. The draft bill would establish an Office of Intermodalism to encourage and promote development of a national intermodal transportation system in the U.S. that is economically efficient and environmentally sound, provides the foundation for the U.S. to compete in the global economy, and moves individuals and property in an energy efficient manner.

The Department of Transportation would have an Under Secretary of Transportation for Intermodalism appointed by the President, by and with the advice and consent of the Senate. The Under Secretary would coordinate Federal policy on intermodal transportation and initiate policies to promote efficient intermodal transportation in the United States.

National Transportation Strategic Plan. The Under Secretary of Transportation for Intermodalism would be required to publish in the Federal Register a solicitation for States to submit projects to be included in the national transportation strategic plan.

The national transportation strategic plan would be required to include, at a minimum, the following:

identification of nationally significant transportation projects;

identification of regionally significant transportation projects;

interconnectivity between states;

identification of potential high-speed rail and short sea shipping routes; and

cost estimates for projects in National Transportation Strategic Plan.

Not later than April 30, 2012, and at least once every 2 years thereafter, the Under Secretary, in consultation with State departments of transportation, would be required to update the national transportation strategic plan. The Under Secretary would also have to submit the updated plan to specific congressional committees.

CMV safety inspection program. The Secretary of Transportation (Secretary) would be required to prescribe regulations on Government standards for inspection of commercial motor vehicles (CMVs) and retention by employers of records of an inspection. The standards would have to provide for annual or more frequent inspections of a CMV designed or used to transport property unless the Secretary finds that another inspection system is as effective as an annual or more frequent inspection system.

Electronic on-board recorders. The bill would require the Secretary, not later than one year after the date of enactment, to issue regulations to require CMVs owned or operated by motor carriers subject to DOT's hours-of-service regulations to be equipped with electronic on-board recorders.

These regulations would be required to be phased-in and apply to all CMVs used by motor carriers in interstate commerce no later than four years after the date of enactment.

Freight Improvement Program. The bill would require the Secretary to establish and implement a freight improvement program to improve the operations of the existing freight transportation system, add physical capacity to the freight transportation system in places where investment makes economic sense; strengthen the ability of rural communities to access national and international trade markets; and support regional economic development.

Under the Freight Improvement Program, a State would be allowed to obligate funds apportioned to the state under the Highway Trust Fund for publicly owned highway freight transportation projects that provide community and highway benefits by addressing economic, congestion, security, and safety issues associated with freight transportation.

Within one year of enactment, each state would be required to establish a freight advisory committee consisting of a representative cross-section of public and private sector freight stakeholders, such as ports, shippers, carriers, freight-related associations, etc. which would advise the State on freight-related priorities, issues, projects ,and funding needs, etc.

Each state would also be required to (i) develop a freight plan that provides a comprehensive overview of the State's current and long-range freight planning activities and investments; and (ii) establish performance measures, performance targets, an inventory and assessment of secondary freight routes, grants to freight corridor coalitions, freight corridor plans, etc.

Requirement for registration and DOT number. The bill would establish a requirement for registration and DOT number. The new section would establish the criteria for registration, provides for the revocation, suspension of registration under certain circumstances, etc. The Secretary would be permitted to establish a fee for the registration.

The bill would also prohibit an employer registered under this new section from providing transportation subject to jurisdiction under 49 USC Chapter 135, Subchapter I unless the employer is also registered under 49 USC 13902 to provide such transportation.

Implementation of hazmat safety permit program. The bill would require, not later than one year after enactment, the Government Accountability Office to conduct a study and transmit a report to Congress on the implementation of the hazmat safety permit program.

Uniform hazmat State registration and permit program. The bill would require the Secretary to establish and carry out a program to develop uniform forms and procedures for States to register, and issue permits to, persons who transport, or cause to be transported, hazmats by motor vehicle and the regulations issued to carry it out. Not later than six years after the date of enactment, the Secretary would be required to issue regulations to carry out these provisions.

Civil penalties for obstruction of inspections, investigations. The bill will allow the Secretary to impose a penalty on a person who obstructs or prevents the Secretary from carrying out inspections or investigations under section 49 USC 5121(c) or 5121(i).

Records checks for CMV operators registered to operate in Mexico, Canada. The bill would require the Assistant Secretary of Homeland Security (Transportation Security Administration) to ensure that the background records check required for operators registered to operate in Canada or Mexico who want to transport a hazmat in commerce in the U.S. includes a check of the operator's criminal history.

Transportation of lithium cells and batteries. The bill would amend 49 USC Chapter 51 by adding a news Section 5111 on the transportation of lithium cells and batteries. New Section 5111 would, among other things, require the Transportation Secretary, at a minimum, to take specified actions regarding lithium cells and batteries, including (partial list):

require packages containing lithium cells and batteries and other such energy producing devices to be identified as hazmats;

provide for appropriate marking and labeling of such packages and proper identification in shipping documents;

minimize regulatory exemptions from such packaging, marking, and labeling requirements;

establish requirements for testing and retesting lithium cells and batteries and other such energy producing devices that are, at a minimum, equivalent to United Nations testing regime, and provide for appropriate marking or other measures to indicate compliance;

establish appropriate packaging performance requirements;

establish limits on the number of lithium cells and batteries and other such energy producing devices that may be contained in a single package and limits on the number of such packages that may be transported in a unit load device, pallet, or container on board aircraft.

The bill would also require the (i) establishment of appropriate safety measures for the transport of lithium cells or batteries identified as being defective for safety reasons or damaged and prohibit the air transportation and interstate air transportation; (ii) establishment of procedures for when lithium cells or batteries are recalled for safety reasons; and (iii) consolidation and simplification of the DOT regulations governing requirements for lithium cells and batteries.

Prohibition of external product piping on cargo tanks transporting hazmats. The draft bill would amend 49 USC Chapter 51 (Transportation of Hazardous Material) by adding a new Section 5118 which would prohibit the transportation of hazmats in the external product piping of all cargo tank motor vehicles manufactured on/after two years after enactment. This prohibition would be expanded to include all vehicles on/after December 31, 2020. (See bill text for limitations on the applicability of this prohibition.)

Hazmat data collection. Not later than 12 months after the date of enactment of the Hazardous Material Transportation Safety Act of 2009, the Secretary would be required to establish and maintain a system to collect data on the volume of hazmats transported throughout the U.S. by all modes of transportation for the purpose of enhancing the planning and preparation of Federal, State, and local governments and emergency responders for incident response and management.

Paperless hazard communications pilot. The Secretary would be allowed to conduct three pilot projects, at least one of which would have to be in a rural area, to evaluate the feasibility and effectiveness of using paperless hazard communications systems (i.e., the use of advanced communications methods, such as wireless communications devices, to convey hazard information between all parties in the transportation chain, including emergency responders and law enforcement personnel).

Subcommittee-approved draft bill available at http://transportation.house.gov/Media/file/Highways/HPP/OBERST_044_xml.pdf.