S.Amdt. 639

SA 639. Mr. LAUTENBERG submitted an amendment intended to be proposed
by him to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE      --SAFE HIGHWAYS AND INFRASTRUCTURE PRESERVATION

SEC. --001. SHORT TITLE.

This title may be cited as the ``Safe Highways and
Infrastructure Preservation Act''.

SEC. --002. OPERATION OF RESTRICTED PROPERTY-CARRYING UNITS
ON NATIONAL HIGHWAY SYSTEM.

(a) Restricted Property-Carrying Unit Defined.--Section
31111(a)(1) of title 49, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Restricted property-carrying unit.--The term
`restricted property-carrying unit' means any trailer, semi-
trailer, container, or other property-carrying unit that is
longer than 53 feet.''.
(b) Prohibition on Operation of Restricted Property-
Carrying Units.--
(1) In general.--Section 31111(b)(1)(C) of title 49, United
States Code, is amended to read as follows:
``(C) allows operation on any segment of the National
Highway System, including the Interstate System, of a
restricted property-carrying unit unless the operation is
specified on the list published under subsection (h);''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect 270 days after the date of enactment of
this Act.
(c) Limitations.--Section 31111 of title 49, United States
Code, is amended by adding at the end the following:
``(h) Restricted Property-Carrying Units.--
``(1) Applicability of prohibition.--
``(A) In general.--Notwithstanding subsection (b)(1)(C), a
restricted property-carrying unit may continue to operate on
a segment of the National Highway System if the operation of
such unit is specified on the list published under paragraph
(2).
``(B) Applicability of state laws and regulations.--All
operations specified on the list published under paragraph
(2) shall continue to be subject to all State statutes,
regulations, limitations and conditions, including routing-
specific, commodity-specific, and configuration-specific
designations and all other restrictions, in force on June 1,
2005.
``(C) Fire-fighting units.--Subsection (b)(1)(C) shall not
apply to the operation of a restricted property-carrying unit
that is used exclusively for fire-fighting.
``(2) Listing of restricted property-carrying units.--
``(A) In general.--Not later than 60 days after the date of
enactment of the Safe Highways and Infrastructure
Preservation Act, the Secretary shall initiate a proceeding
to determine and publish a list of restricted property-
carrying units that were authorized by State officials
pursuant to State statute or regulation on June 1, 2005, and
in actual and lawful operation on a regular or periodic basis
(including seasonal operations) on or before June 1, 2005.
``(B) Limitation.--A restricted property-carrying unit may
not be included on the list published under subparagraph (A)
on the basis that a State law or regulation could have
authorized the operation of the unit at some prior date by
permit or otherwise.
``(C) Publication of final list.--Not later than 270 days
after the date of enactment of the Safe Highways and
Infrastructure Preservation Act, the Secretary shall publish
a final list of restricted property-carrying units described
in subparagraph (A).
``(D) Updates.--The Secretary shall update the list
published under subparagraph (C) as necessary to reflect new
designations made to the National Highway System.
``(3) Applicability of prohibition.--The prohibition
established by subsection (b)(1)(C) shall apply to any new
designation made to the National Highway System and remain in
effect on those portions of the National Highway System that
cease to be designated as part of the National Highway
System.
``(4) Limitation on statutory construction.--This
subsection does not prevent a State from further restricting
in any manner or prohibiting the operation of a restricted
property-carrying unit if the restrictions or prohibitions
are consistent with the requirements of this section and
sections 31112 through 31114.''.
(d) Enforcement.--The second sentence of section 141(a) of
title 23, United States Code, is amended by striking
``section 31112'' and inserting ``sections 31111 and 31112''.

SEC. --003. OPERATION OF LONGER COMBINATION VEHICLES ON
NATIONAL HIGHWAY SYSTEM.

(a) In General.--Section 31112 of title 49, United States
Code, is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) National Highway System.--
``(1) General rule.--A State may not allow, on a segment of
the National Highway System that is not covered under
subsection (b) or (c), the operation of a commercial motor
vehicle combination (except a vehicle or load that cannot be
dismantled easily or divided easily and that has been issued
a special permit under applicable State law) with more than
one property-carrying unit (not including the truck tractor)
whose property-carrying units are more than--
``(A) the maximum combination trailer, semitrailer, or
other type of length limitation allowed by law or regulation
of that State on June 1, 2005, or
``(B) the length of the property-carrying units of those
commercial motor vehicle combinations, by specific
configuration, in actual and lawful operation on a regular or
periodic basis (including continuing seasonal operation) in
that State on or before June 1, 2005.
``(2) Additional limitations.--
``(A) Applicability of state restrictions.--A commercial
motor vehicle combination whose operation in a State is not
prohibited under paragraph (1) may continue to operate in the
State on highways described in paragraph (1) only in
compliance with all State laws, regulations, limitations, and
conditions, including routing-specific and configuration-
specific designations and all other restrictions in force in
the State on June 1, 2005. However, subject to regulations
prescribed by the Secretary under subsection (h), the State
may make minor adjustments of a temporary and emergency
nature to route designations and vehicle operating
restrictions in effect on June 1, 2005, for specific safety
purposes and road construction.
``(B) Additional state restrictions.--This subsection does
not prevent a State from further restricting in any manner or
prohibiting the operation of a commercial motor vehicle
combination subject to this section if the restrictions or
prohibitions are consistent with this section and sections
31113(a), 31113(b), and 31114.
``(C) Minor adjustments.--A State making a minor adjustment
of a temporary and emergency nature as authorized by
subparagraph (A) or further restricting or prohibiting the
operation of a commercial motor vehicle combination as
authorized by subparagraph (B) shall advise the Secretary not
later than 30 days after the action. The Secretary shall
publish a notice of the action in the Federal Register.
``(3) List of state length limitations.--
``(A) State submissions.--Not later than 60 days after the
date of enactment of the Safe Highways and Infrastructure
Preservation

[[Page S4972]]

Act, each State shall submit to the Secretary for publication
a complete list of State length limitations applicable to
commercial motor vehicle combinations operating in the State
on the highways described in paragraph (1). The list shall
indicate the applicable State laws and regulations associated
with the length limitations. If a State does not submit the
information as required, the Secretary shall complete and
file the information for the State.
``(B) Publication of interim list.--Not later than 90 days
after the date of enactment of the Safe Highways and
Infrastructure Preservation Act, the Secretary shall publish
an interim list in the Federal Register consisting of all
information submitted under subparagraph (A). The Secretary
shall review for accuracy all information submitted by a
State under subparagraph (A) and shall solicit and consider
public comment on the accuracy of the information.
``(C) Limitation.--A law or regulation may not be included
on the list submitted by a State or published by the
Secretary merely because it authorized, or could have
authorized, by permit or otherwise, the operation of
commercial motor vehicle combinations not in actual operation
on a regular or periodic basis on or before June 1, 2005.
``(D) Publication of final list.--Except as revised under
this subparagraph or subparagraph (E), the list shall be
published as final in the Federal Register not later than 270
days after the date of enactment of the Safe Highways and
Infrastructure Preservation Act. In publishing the final
list, the Secretary shall make any revisions necessary to
correct inaccuracies identified under subparagraph (B). After
publication of the final list, commercial motor vehicle
combinations prohibited under paragraph (1) may not operate
on a highway described in paragraph (1) except as published
on the list.
``(E) Inaccuracies.--On the Secretary's own motion or on
request by any person (including a State), the Secretary
shall review the list published under subparagraph (D). If
the Secretary decides there is reason to believe a mistake
was made in the accuracy of the list, the Secretary shall
begin a proceeding to decide whether a mistake was made. If
the Secretary decides there was a mistake, the Secretary
shall publish the correction.''.
(b) Conforming Amendments.--Section 31112 of title 49,
United States Code, is amended--
(1) by inserting ``126(e) or'' before ``127(d)'' in
paragraph (1) of subsection (g) (as redesignated by
subsection (a) of this section);
(2) by inserting ``(or June 1, 2005, with respect to
highways described in subsection (f)(1))'' after ``June 2,
1991'' in paragraph (3) of subsection (g) (as redesignated by
subsection (a) of this section);
(3) by striking ``Not later than June 15, 1992, the
Secretary'' and inserting ``The Secretary''; and
(4) by inserting ``or (f)'' after ``subsection (d)'' in
paragraph (2) of subsection (h) (as redesignated by
subsection (a) of this section).

SEC. --004. TERMINATION OF DETERMINATIONS OF GRANDFATHER
RIGHTS.

(a) In General.--Section 127 of title 23, United States
Code, is amended by adding at the end the following:
``(h) Grandfather Rights.--
``(1) General rule.--After the 270th day following the date
of enactment of the Safe Highways and Infrastructure
Preservation Act, a State may not allow, on a segment of the
Interstate System, the operation of a vehicle or combination
(other than a longer combination vehicle) exceeding an
Interstate weight limit unless the operation is specified on
the list published under paragraph (2).
``(2) List of vehicles and combinations.--
``(A) Proceeding.--Not later than 60 days after the date of
enactment of the Safe Highways and Infrastructure
Preservation Act, the Secretary shall initiate a proceeding
to determine and publish a list of vehicles and combinations
(other than longer combination vehicles), otherwise exceeding
an Interstate weight limit, that the Department of
Transportation, any other Federal agency, or a State has
determined on or before June 1, 2005, could be lawfully
operated within such State--
``(i) on July 1, 1956;
``(ii) in the case of the overall gross weight of any group
of 2 or more consecutive axles, on the date of enactment of
the Federal-Aid Highway Amendments of 1974; or
``(iii) under a special rule applicable to a State under
subsection (a).
``(B) Limitations.--
``(i) Actual and lawful operations required.--An operation
of a vehicle or combination may be included on the list
published under subparagraph (A) only if the vehicle or
combination was in actual and lawful operation in the State
on a regular or periodic basis on or before June 1, 2005.
``(ii) State authority not sufficient.--An operation of a
vehicle or combination may not be included on the list
published under subparagraph (A) on the basis that a State
law or regulation could have authorized the operation of the
vehicle or combination at some prior date by permit or
otherwise.
``(C) Publication of final list.--Not later than 270 days
after the date of enactment of the Safe Highways and
Infrastructure Preservation Act, the Secretary shall publish
a final list of vehicles and combinations described in
subparagraph (A).
``(3) Limitation on statutory construction.--This
subsection does not prevent a State from reducing the gross
vehicle weight limitation, the single and tandem axle weight
limitations, or the overall maximum gross weight on a group
of 2 or more consecutive axles applicable to portions of the
Interstate System in the State for operations on the list
published under paragraph (2)(C) as long as no such reduction
results in a limitation that is less than an Interstate
weight limit.
``(4) Applicability of existing requirements.--All vehicles
and combinations included on the list published under
paragraph (2) shall be subject to all routing-specific,
commodity-specific, and weight-specific designations in force
in a State on June 1, 2005.
``(5) Interstate weight limit defined.--In this subsection,
the term `Interstate weight limit' means the 80,000 pound
gross vehicle weight limitation, the 20,000 pound single axle
weight limitation (including enforcement tolerances), the
34,000 pound tandem axle weight limitation (including
enforcement tolerances), and the overall maximum gross weight
(including enforcement tolerances) on a group of 2 or more
consecutive axles produced by application of the formula in
subsection (a).''.
(b) Conforming Amendment.--The fourth sentence of section
127(a) of title 23, United States Code, is amended by
striking ``the State determines''.

SEC. --005. NONDIVISIBLE LOAD PROCEEDING.

Section 127 of title 23, United States Code, is further
amended by adding at the end the following:
``(i) Nondivisible Loads.--
``(1) Proceeding.--Not later than 60 days after the date of
enactment of the Safe Highways and Infrastructure
Preservation Act, the Secretary shall initiate a proceeding
to define the term `vehicles and loads which cannot be easily
dismantled or divided' as used in subsection (a) and section
31112 of title 49.
``(2) List of commodities.--
``(A) In general.--The definition developed under paragraph
(1) shall include a list of commodities (or classes or types
of commodities) that do not qualify as nondivisible loads.
``(B) Limitation.--The list of commodities developed under
paragraph (1) shall not be interpreted to be a comprehensive
list of commodities that do not qualify as nondivisible
loads.
``(3) Regulations.--Not later than 270 days after the date
of enactment of the Safe Highways and Infrastructure
Preservation Act, the Secretary shall issue final regulations
setting forth the determination of the Secretary made under
paragraph (1). The Secretary shall update the regulations as
necessary.
``(4) Applicability.--Regulations issued under paragraph
(2) shall apply to all vehicles and loads operating on the
National Highway System.
``(5) State requirements.--A State may establish any
requirement that is not inconsistent with regulations issued
under paragraph (2).
``(6) Statement of policy.--The purpose of this subsection
is to promote conformity with Interstate weight limits to
preserve publicly funded infrastructure and protect motorists
by limiting maximum vehicle weight on key portions of the
Federal-aid highway system.''.

SEC. --006. WAIVERS OF WEIGHT LIMITATIONS DURING PERIODS OF
NATIONAL EMERGENCY.

Section 127 of title 23, United States Code, is further
amended by adding at the end the following:
``(j) Waivers During Periods of National Emergency.--
``(1) In general.--Notwithstanding any other provision of
this section or section 126, the Secretary, in consultation
with the Secretary of Defense or Secretary of Homeland
Security, may waive or limit the application of any vehicle
weight limit established under this section or section 126
with respect to a highway route during a period of national
emergency in order to respond to the effects of the national
emergency.
``(2) Applicability.--Emergency limits established under
paragraph (1) shall preempt any inconsistent State vehicle
weight limits.''.

SEC. --007. VEHICLE WEIGHT LIMITATIONS--NATIONAL HIGHWAY
SYSTEM.

(a) In General.--Title 23, United States Code, is amended
by inserting after section 125 the following:

``Sec. 126. Vehicle weight limitations--National Highway
System

``(a) Non-Interstate Highways on NHS.--
``(1) In general.--After the 270th day after the date of
enactment of the Safe Highways and Infrastructure
Preservation Act, any Interstate weight limit that applies to
vehicles and combinations (other than longer combination
vehicles) operating on the Interstate System in a State under
section 127 shall also apply to vehicles and combinations
(other than longer combination vehicles) operating on non-
Interstate segments of the National Highway System in such
State, unless such segments are subject to lower State weight
limits as provided for in subsection (d).
``(2) Existing highways.--
``(A) In general.--Notwithstanding paragraph (1), in the
case of a non-Interstate segment of the National Highway
System that is open to traffic on June 1, 2005, a State may
allow the operation of any vehicle or combination (other than
a longer combination vehicle) on such segment that the
Secretary determines under subsection (b) could be

[[Page S4973]]

lawfully operated on such segment on June 1, 2005.
``(B) Applicability of state laws and regulations.--All
operations described in subparagraph (A) shall continue to be
subject to all State statutes, regulations, limitations and
conditions, including routing-specific, commodity-specific,
and configuration-specific designations and all other
restrictions, in force on June 1, 2005.
``(3) New highways.--Subject to subsection (d)(1), the
gross vehicle weight limitations and axle loading limitations
applicable to all vehicles and combinations (other than
longer combination vehicles) on a non-Interstate segment of
the National Highway System that is not open to traffic on
June 1, 2005, shall be the Interstate weight limit.
``(b) Listing of Vehicles and Combinations.--
``(1) In general.--The Secretary shall initiate a
proceeding to determine and publish a list of vehicles and
combinations (other than longer combination vehicles),
otherwise exceeding an Interstate weight limit, that could be
lawfully operated on a non-Interstate segment of the National
Highway System on June 1, 2005.
``(2)  Requirements.--In publishing a list of vehicles and
combinations under paragraph (1), the Secretary shall
identify--
``(A) the gross vehicle weight limitations and axle loading
limitations in each State applicable, on June 1, 2005, to
vehicles and combinations (other than longer combination
vehicles) on non-Interstate segments of the National Highway
System; and
``(B) operations of vehicles and combinations (other than
longer combination vehicles), exceeding State gross vehicle
weight limitations and axle loading limitations identified
under subparagraph (A), which were in actual and lawful
operation on a regular or periodic basis (including seasonal
operations) on June 1, 2005.
``(3) Limitation.--An operation of a vehicle or combination
may not be included on the list published under paragraph (1)
on the basis that a State law or regulation could have
authorized such operation at some prior date by permit or
otherwise.
``(4) Publication of final list.--Not later than 270 days
after the date of enactment of the Safe Highways and
Infrastructure Preservation Act, the Secretary shall publish
a final list of vehicles and combinations described in
paragraph (1).
``(5) Updates.--The Secretary shall update the list
published under paragraph (1) as necessary to reflect new
designations made to the National Highway System.
``(c) Applicability of Limitations.--The limitations
established by subsection (a) shall apply to any new
designation made to the National Highway System and remain in
effect on those non-Interstate highways that cease to be
designated as part of the National Highway System.
``(d) Limitations on Statutory Construction.--
``(1) State enforcement of more restrictive weight
limits.--This section does not prevent a State from
maintaining or imposing a weight limitation that is more
restrictive than the Interstate weight limit on vehicles
or combinations (other than longer combination vehicles)
operating on a non-Interstate segment of the National
Highway System.
``(2) State actions to reduce weight limits.--This section
does not prevent a State from reducing the State's gross
vehicle weight limitation, single or tandem axle weight
limitations, or the overall maximum gross weight on 2 or more
consecutive axles on any non-Interstate segment of the
National Highway System.
``(e) Longer Combination Vehicles.--
``(1) Prohibition.--
``(A) In general.--After the 270th day after the date of
enactment of the Safe Highways and Infrastructure
Preservation Act, a longer combination vehicle may continue
to operate on a non-Interstate segment of the National
Highway System only if the operation of the longer
combination vehicle configuration type was authorized by
State officials pursuant to State statute or regulation on
June 1, 2005, and in actual and lawful operation on a regular
or periodic basis (including seasonal operations) on or
before June 1, 2005.
``(B) Applicability of state laws and regulations.--All
operations described in subparagraph (A) shall continue to be
subject to all State statutes, regulations, limitations and
conditions, including routing-specific, commodity-specific,
and configuration-specific designations and all other
restrictions, in force on June 1, 2005.
``(2) Listing of vehicles and combinations.--
``(A) In general.--Not later than 60 days after the date of
enactment of the Safe Highways and Infrastructure
Preservation Act, the Secretary shall initiate a proceeding
to determine and publish a list of longer combination
vehicles that could be lawfully operated on non-Interstate
segments of the National Highway System on June 1, 2005.
``(B) Limitation.--A longer combination vehicle may not be
included on the list published under subparagraph (A) on the
basis that a State law or regulation could have authorized
the operation of such vehicle at some prior date by permit or
otherwise.
``(C) Publication of final list.--Not later than 270 days
after the date of enactment of the Safe Highways and
Infrastructure Preservation Act, the Secretary shall publish
a final list of longer combination vehicles described in
subparagraph (A).
``(D) Updates.--The Secretary shall update the list
published under subparagraph (A) as necessary to reflect new
designations made to the National Highway System.
``(3) Limitation on statutory construction.--This
subsection does not prevent a State from further restricting
in any manner or prohibiting the operation of a longer
combination vehicle if the restrictions or prohibitions are
consistent with the requirements of section 127 of this title
and sections 31112 through 31114 of title 49, United States
Code.
``(f) Model Schedule of Fines.--
``(1) In general.--The Secretary, in consultation with the
States, shall establish a model schedule of fines to be
assessed for violations of this section.
``(2) Purpose.--The purpose of the schedule of fines shall
be to ensure that fines are sufficient to deter violations of
the requirements of this section and to permit States to
recover costs associated with damages caused to the National
Highway System by the operation of such vehicles.
``(3) Adoption by states.--The Secretary shall encourage
but not require States to adopt the schedule of fines.
``(g) Definitions.--In this section:
``(1) Interstate weight limit.--The term `Interstate weight
limit' has the meaning given that term in section 127(h).
``(2) Longer combination vehicle.--The term `longer
combination vehicle' has the meaning given that term in
section 127(d).''.
(b) Enforcement of Requirements.--Section 141(a) of title
23, United States Code, is amended--
(1) by striking ``the Federal-aid primary system, the
Federal-aid urban system, and the Federal-aid secondary
system, including the Interstate System'' and inserting ``the
National Highway System, including the Interstate System,'';
and
(2) by striking ``section 127'' and inserting ``sections
126 and 127''.
(c) Conforming Amendment.--The chapter analysis for
subchapter I of chapter 1 of title 23, United States Code, is
amended by inserting after the item relating to section 125
the following:

``126. Vehicle weight limitations--National Highway System.''.
______