[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4040 Reported in House (RH)]





                                                 Union Calendar No. 432

104th CONGRESS

  2d Session

                               H. R. 4040

                          [Report No. 104-794]

_______________________________________________________________________

                                 A BILL

  To amend title 49, United States Code, relating to intermodal safe 
                       container transportation.

_______________________________________________________________________

                           September 17, 1996

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed





                                                 Union Calendar No. 432
104th CONGRESS
  2d Session
                                H. R. 4040

                          [Report No. 104-794]

  To amend title 49, United States Code, relating to intermodal safe 
                       container transportation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 10, 1996

  Mr. Shuster (for himself, Mr. Oberstar, Mr. Petri, and Mr. Rahall) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

                           September 17, 1996

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
  To amend title 49, United States Code, relating to intermodal safe 
                       container transportation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Intermodal Safe Container 
Transportation Act Amendments of 1996''.

SEC. 2. REFERENCES TO TITLE 49.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 49, United States 
Code.

SEC. 3. DEFINITIONS.

    Section 5901 is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) except as otherwise provided in this chapter, the 
        definitions in sections 10102 and 13102 of this title apply.'';
            (2) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8), respectively; and
            (3) by inserting after paragraph (5) the following new 
        paragraph:
            ``(6) `gross cargo weight' means the weight of the cargo, 
        packaging materials (including ice), pallets, and dunnage.''.

SEC. 4. NOTIFICATIONS AND CERTIFICATIONS.

    Section 5902 is amended to read as follows:
``Sec. 5902. Notifications and certifications
    ``(a) Prior Notification.--
            ``(1) In general.--If the first carrier to which any loaded 
        container or trailer having a projected gross cargo weight of 
        more than 29,000 pounds is tendered for intermodal 
        transportation is a motor carrier, the person tendering the 
        container or trailer shall give the motor carrier a 
        notification of the projected gross cargo weight and a 
        reasonable description of the contents of the container or 
        trailer before the tendering of the container or trailer. The 
        notification may be transmitted electronically or by telephone.
            ``(2) Applicability.--This subsection applies to any person 
        within the United States who tenders a container or trailer 
        subject to this chapter for intermodal transportation if the 
        first carrier is a motor carrier.
    ``(b) Certification.--
            ``(1) In general.--A person who tenders a loaded container 
        or trailer with an actual gross cargo weight of more than 
        29,000 pounds, to a first carrier for intermodal transportation 
        shall provide a certification of the contents of the container 
        or trailer in writing, or electronically, before or when the 
        container or trailer is so tendered.
            ``(2) Contents of certification.--The certification 
        required by paragraph (1) shall include the following:
                    ``(A) The actual gross cargo weight.
                    ``(B) A reasonable description of the contents of 
                the container or trailer.
                    ``(C) The identity of the certifying party.
                    ``(D) The container or trailer number.
                    ``(E) The date of certification or transfer of data 
                to another document, as provided for in paragraph (3).
            ``(3) Transfer of certification data.--A carrier who 
        receives a certification may transfer the information contained 
        in the certification to another document or to electronic 
        format for forwarding to a subsequent carrier. The person 
        transferring the information shall state on the forwarded 
        document the date on which the data was transferred and the 
        identity of the party who performed the transfer.
            ``(4) Shipping documents.--For purposes of this chapter, a 
        shipping document, prepared by the person tendering a container 
        or trailer to a first carrier, that contains the information 
        required by paragraph (2) meets the requirements of paragraph 
        (1).
            ``(5) Use of `freight all kinds' term.--The term `Freight 
        All Kinds' or `FAK' may not be used for the purpose of 
        certification under this subsection after December 31, 2000, as 
        a description required under paragraph (2)(B) for a trailer or 
        container if the weight of any commodity in the trailer or 
        container equals or exceeds 20 percent of the total weight of 
        the contents of the trailer or container. This subsection does 
        not prohibit the use of such term after December 31, 2000, for 
        rating purposes.
            ``(6) Separate document marking.--If a separate document is 
        used to meet the requirements of paragraph (1), it shall be 
        conspicuously marked `INTERMODAL CERTIFICATION'.
            ``(7) Applicability.--This subsection applies to any 
        person, domestic or foreign, who first tenders a container or 
        trailer subject to this chapter for intermodal transportation 
        within the United States.
    ``(c) Forwarding Certifications to Subsequent Carriers.--
            ``(1) General rule.--A carrier, agent of a carrier, broker, 
        customs broker, freight forwarder, warehouser, or terminal 
        operator shall forward the certification provided under 
        subsection (b) to a subsequent carrier transporting the 
        container or trailer in intermodal transportation before or 
        when the container or trailer is tendered to the subsequent 
        carrier.
            ``(2) Presumption of no certification required.--If no 
        certification is received by the subsequent carrier before or 
        when the container or trailer is being tendered to it, the 
        subsequent carrier may presume that no certification is 
        required.
            ``(3) Limitation on construction of forwarding.--The act of 
        forwarding the certification may not be construed as a 
        verification or affirmation of the accuracy or completeness of 
        the information in the certification.
            ``(4) Liability.--
                    ``(A) In general.--If a person inaccurately 
                transfers the information on the certification or fails 
                to forward the certification to a subsequent carrier, 
                then that person is liable to any person who incurs any 
                bond, fine, penalty, cost (including storage), or 
                interest charge incurred as a result of the inaccurate 
                transfer of information or failure to forward the 
                certification.
                    ``(B) Lien.--A subsequent carrier incurring a bond, 
                fine, penalty, or cost (including storage), or interest 
                charge as a result of the inaccurate transfer of the 
                information or the failure to forward the certification 
                shall have a lien against the contents of the container 
                or trailer under section 5905 in the amount of the 
                bond, fine, penalty, or cost (including storage), or 
                interest charge and all court costs and legal fees 
                incurred by the carrier as a result of such inaccurate 
                transfer or failure.
            ``(5) Notice to leased operators.--If a motor carrier knows 
        that the gross cargo weight of an intermodal container or 
        trailer subject to the certification requirements of subsection 
        (b) would result in a violation of applicable State gross 
        vehicle weight laws--
                    ``(A) a motor carrier must inform the operator of a 
                vehicle which is leased by the vehicle operator to a 
                motor carrier which transports an intermodal container 
                or trailer of the gross cargo weight of the container 
                or trailer as certified to the motor carrier pursuant 
                to subsection (b);
                    ``(B) the notice must be provided to the operator 
                prior to the operator being tendered the container or 
                trailer;
                    ``(C) the notice required by this subsection must 
                be in writing, but may be transmitted electronically;
                    ``(D) the motor carrier shall bear the burden of 
                proof to establish that it tendered the required notice 
                to the operator; and
                    ``(E) if the operator of a leased vehicle 
                transporting a container or trailer subject to this 
                chapter should receive a fine because of a violation of 
                a State's gross vehicle weight laws or regulations and 
                lessee motor carrier cannot establish that it tendered 
                to the operator the notice required by this section, 
                the operator shall be entitled to reimbursement from 
                the motor carrier of the amount of any fine and court 
                costs resulting from the failure of the motor carrier 
                to tender the notice to the operator.
    ``(d) Liability to Owner or Beneficial Owner.--If--
            ``(1) a person inaccurately transfers information on a 
        certification required by subsection (b)(1) or fails to forward 
        a certification to the subsequent carrier;
            ``(2) as a result of the inaccurate transfer of such 
        information or a failure to forward a certification, the 
        subsequent carrier incurs a bond, fine, penalty, or cost 
        (including storage), or interest charge; and
            ``(3) a subsequent carrier exercises its rights to a lien 
        under section 5905,
then that person is liable to the owner or beneficial owner or to any 
other person paying the amount of the lien to the subsequent carrier 
for the amount of the lien and all costs related to the imposition of 
the lien, including court costs and legal fees incurred in connection 
with imposition of the lien.
    ``(e) Nonapplicability.--
            ``(1) Consolidated shipments.--The notification and 
        certification requirements of subsections (a) and (b) do not 
        apply to any intermodal container or trailer containing 
        consolidated shipments loaded by a motor carrier if that motor 
        carrier--
                    ``(A) performs the highway portion of the 
                intermodal movement; or
                    ``(B) assumes the responsibility for any weight-
                related fine or penalty incurred by any other motor 
                carrier that performs a part of the highway 
                transportation.
            ``(2) Intermodal transportation of loaded containers.--
                    ``(A) In general.--Subsections (a) and (b) and 
                section 5903(c) do not apply to a carrier when the 
                carrier is transferring a loaded container or trailer 
                to another carrier during intermodal transportation, 
                unless the carrier is also the person tendering the 
                loaded container or trailer to the first carrier.
                    ``(B) Special rule.--A carrier, agent of a carrier, 
                broker, customs broker, freight forwarder, warehouser, 
                or terminal operator is deemed not to be a person 
                tendering a loaded container or trailer to a first 
                carrier under this section, unless the carrier, agent, 
                broker, customs broker, freight forwarder, warehouser, 
                or terminal operator assumes legal responsibility for 
                loading property into the container or trailer.''.

SEC. 5. PROHIBITIONS.

    (a) Providing Erroneous Information.--Section 5903(a) is amended by 
inserting ``, to whom section 5902(b) applies,'' after ``A person''.
    (b) Transporting Prior to Receiving Certification.--Section 5903(b) 
is amended to read as follows:
    ``(b) Transporting Prior to Receiving Certification.--
            ``(1) Presumption.--If no certification is received by a 
        motor carrier before or when a loaded intermodal container or 
        trailer is tendered to it, the motor carrier may presume that 
        the gross cargo weight of the container or trailer is less than 
        29,001 pounds.
            ``(2) Copy of certification not required to accompany 
        container or trailer.--Notwithstanding any other provision of 
        this chapter, if a certification is required by section 
        5902(b), a copy of the certification is not required to 
        accompany the intermodal container or trailer.''.
    (c) Unlawful Coercion.--Section 5903(c)(1) is amended by striking 
``10,000 pounds (including packing materials and pallets)'' and 
inserting ``29,000 pounds''.

SEC. 6. LIENS.

    (a) General Rule.--Section 5905(a) is amended to read as follows:
    ``(a) General Rule.--If a person involved in the intermodal 
transportation of a loaded container or trailer for which a 
certification is required by section 5902(b) of this title is required, 
because of a violation of a State's gross vehicle weight laws or 
regulations, to post a bond or pay a fine, penalty, cost (including 
storage), or interest charge resulting from--
            ``(1) erroneous information provided by the certifying 
        party in the certification to the first carrier in violation of 
        section 5903(a),
            ``(2) the failure of the party required to provide the 
        certification to the first carrier to provide it,
            ``(3) the failure of a person required under section 
        5902(c) to forward the certification to forward it, or
            ``(4) an error occurring in the transfer of information on 
        the certification to another document under section 5902(b)(3) 
        or 5902(c),
then the person posting the bond, or paying any fine, penalty, cost 
(including storage), or interest charge has a lien against the contents 
equal to the amount of the bond, fine, penalty, cost (including 
storage), or interest charge incurred, until the person receives a 
payment of that amount from the owner or beneficial owner of the 
contents or from the person responsible for making or forwarding the 
certification or transferring the information from the certification to 
another document.''.
    (b) Limitations.--Section 5905(b)(1) is amended--
            (1) by inserting after ``the first carrier'' the following: 
        ``or the owner or beneficial owner of the contents''; and
            (2) by striking ``cost, or interest.'' and inserting ``cost 
        (including storage), or interest charge. The lien shall remain 
        in effect until the lien holder has received payment for all 
        costs and expenses as described in subsection (a).''.

SEC. 7. PERISHABLE AGRICULTURAL COMMODITIES.

    Section 5906 is amended by striking ``Sections 5904(a)(2) and 5905 
of this title do'' and inserting ``Section 5905 does''.

SEC. 8. EFFECTIVE DATE.

    Section 5907 is amended to read as follows:
``Sec. 5907. Effective date
    ``This chapter, as amended by the Intermodal Safe Container 
Transportation Act Amendments of 1996, is effective on the date of the 
enactment of such Act. The provisions of this chapter shall be 
implemented 180 days after such date of enactment.''.

SEC. 9. RELATIONSHIP TO OTHER LAWS.

    (a) In General.--Chapter 59 is amended by adding at the end the 
following new section:
``Sec. 5908. Relationship to other laws
    ``Nothing in this chapter affects--
            ``(1) chapter 51 (relating to transportation of hazardous 
        material) or the regulations issued under that chapter; or
            ``(2) any State highway weight or size law or regulation 
        applicable to tractor-trailer combinations.''.
    (b) Conforming Amendment.--The analysis for such chapter is amended 
by striking the item relating to section 5907 and inserting the 
following:

``5907. Effective date.
``5908. Relationship to other laws.''.