[Congressional Record Volume 140, Number 72 (Friday, June 10, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 10, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
       FEDERAL AVIATION ADMINISTRATION AUTHORIZATION ACT OF 1994

  The Senate continued with the consideration of the bill.
  Mrs. FEINSTEIN. Mr. President, I respectfully request the chairman's 
reconsideration of a specific provision which has been incorporated 
into this important legislation.
  As the chairman knows, section 211 of S. 1491 deregulates intrastate 
trucking for small-package carriers. Concerns have been raised that it 
could eliminate States' authority over safety and insurance aspects of 
the affected carriers. The California Public Utilities Commission is 
concerned that economic and safety regulations are often intertwined, 
and as a result, this legislation could preempt State safety regulating 
authority, thereby jeopardizing the State's ability to protect public 
safety on highways.
  It is my understanding that it is not the intent of this legislation 
to exempt the carriers affected by this bill from the relevant safety 
regulations; nor was this bill designed to impede States and their 
pertinent subdivisions from adopting, implementing, and enforcing 
highway safety and insurance standards. Mr. President, I hope the 
chairman will corrective if I am wrong, but although this bill 
deregulates the intermodal carrier industry, I have interpreted section 
211 as being crafted with the implicit understanding that the authority 
of States or their relevant subdivisions to enact or enforce any law, 
rule, regulation, standard, or other provision functioning as law 
intended to protect and safeguard the public from the unsafe operations 
of motor carriers on public highways would be preserved; including, but 
not limited to the requirement that any persons engaging in the 
transportation of property by motor carrier, whether such property has 
had or will have a prior or subsequent air movement, obtain and keep 
effective operating authority issued by a State or relevant political 
subdivision.
  Mr. FORD. The Senator from California is correct in her 
interpretation of section 211 of S. 1491. It was not my intent upon 
introduction of this legislation to in any way erode the State safety 
and insurance regulatory control over small-package carriers, but 
rather, merely to deregulate the intrastate trucking aspect of such 
carriers. My provision would serve specifically to regulate economic, 
not safety matters. I would like to thank the Senator for clarifying 
any misunderstanding relating to this feature of the bill.

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