[Congressional Record Volume 142, Number 104 (Tuesday, July 16, 1996)]
[Senate]
[Pages S7893-S7895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. PRESSLER (for himself, Mr. Lott and Mr. Inouye):

  S. 1957. A bill to amend chapter 59 of title 49, United States Code, 
relating to intermodal safe container transportation; to the Committee 
on Commerce, Science, and Transportation.


  THE INTERMODAL SAFE CONTAINER TRANSPORTATION AMENDMENTS ACT OF 1996

  Mr. PRESSLER. Mr. President, today I am introducing the Intermodal 
Safe Container Transportation Amendments Act of 1996. I am pleased to 
be joined by Senators Lott and Inouye, chairman and ranking member of 
the Surface Transportation and Merchant Marine Subcommittee. This is a 
bipartisan technical corrections bill and I urge its swift passage.
  Before I explain the purpose of this legislation, I want to provide 
some history on intermodal container shipments in order for my 
colleagues to better understand the time-sensitive nature of the bill 
we are introducing today. Let me explain.
  Intermodal containers are used throughout the world to transport 
cargo by ship, rail, and highway. These containers facilitate the 
timely movement of imports and exports. More often than not, they pose 
no overweight concerns while transported by ship or rail. However, if a 
container is too heavy, it can cause problems when transferred to a 
truck. In some cases, trucks carrying heavy containers end up on our 
Nation's highways operating in violation of vehicle weight regulations. 
This can damage our highway infrastructure and reduce highway safety 
for the traveling public.
  In an effort to mitigate these problems, Congress enacted the 
Intermodal Safe Container Transportation Act of 1992. The purpose of 
that law was to require shippers to provide a carrier involved in 
intermodal transportation with a certification of the gross cargo 
weight of the intermodal container prior to accepting the shipment. 
This information, including weight and a general cargo description, 
should assist the operator in determining whether transporting a 
particular container could result in violations of highway gross weight 
or axle weight regulations. Without the communication of this 
information, the trucker has no way of knowing whether he or she may be 
operating an overweight vehicle. In short, the act let the trucker 
beware.
  Mr. President, the 1992 act has yet to be implemented. Final 
Regulations were issued by the Department of Transportation [DOT] in 
December 1994. However, significant concerns about implementation were 
raised by shippers and carriers, causing DOT to reassess its final rule 
and implementation was delayed until September 1, 1996.
  Unfortunately, the implementation as currently proposed could have 
devastating consequences on intermodal transportation. At best, 
shipments of intermodal cargo will be late in reaching their 
destination. At worst, a complete backlog of shipments and severe 
gridlock at our Nation's ports will result.
  Many of these operational concerns could be alleviated by 
administrative action. Yet, DOT informs us that some of the issues can 
only be resolved by legislation. That is why we are introducing this 
bill today.

  As chairman of the Senate Committee on Commerce, Science, and 
Transportation, I want to assure my colleagues that the sponsors of 
today's technical corrections proposal are very concerned about the 
lengthy delay in implementing the 1992 law. As I said earlier, 
overweight vehicles negate safety and cause severe damage to our 
Nation's highway infrastructure. We need to help our motor carrier 
operators receive information to prevent overweight carriage. That is 
the intent of the 1992 act. That congressional intent must be carried 
forward during implementation.
  Indeed, we are all frustrated over the delays. We also are frustrated 
that the various industry concerns have not been brought to our 
attention far earlier to facilitate a timely legislative resolution. 
However, in the past few weeks, we worked with representatives from all 
of the affected groups, including shippers, motor carriers, rail 
carriers, and ocean carriers. We also requested and received input from 
the administration and safety advocates.
  After many meetings and lengthy discussions, we have developed what I 
consider to be a very sound and reasonable technical amendments bill. 
Of

[[Page S7894]]

course, we also are willing to consider further refinements and other 
suggestions. Nonetheless, our goal is to ensure the long overdue 
implementation of the 1992 1ct can be responsibly carried out as soon 
as possible.
  This technical corrections bill also is designed to reduce 
unnecessary paperwork by allowing greater use of electronic interchange 
technology to expedite the transfer of information. Moreover, it 
provides incentives to encourage the private sector to comply with 
overweight container regulations.
  Our bill raises the intermodal container weight threshold requiring 
certification from 10,000 to 29,000 pounds. Studies have concluded the 
new threshold weight will still prevent gross vehicle weight violations 
while eliminating unnecessary compliance burdens that would otherwise 
be imposed on smaller shipments. Because the 1992 enacted trigger was 
not based on any conclusive data concerning gross vehicle weight or 
axle weight limitations, we feel it is appropriate to institute a more 
appropriate level for certification. In fact, Federal Highway 
Administration officials have confirmed the new trigger provision would 
be quite sufficient to effectively meet the intent of the 1992 act.
  Finally, the bill would clarify liability for failing to provide the 
certification or transferring the information during the intermodal 
movement. It ensures the party responsible for the failure is the party 
liable for the costs incurred for overweight violations.
  Clearly, it is important for my colleagues to understand the 
technical changes proposed by this bill. It is equally important, 
however, for my colleagues to understand what this bill does not do. 
Given the limited time left in this legislative session, we simply 
cannot afford to fall victim to misconceptions or misrepresentations of 
this measure.
  This bill does not make any changes to regulations or enforcement of 
laws concerning the carriage, documentation, placarding, or handling of 
hazardous materials transportation. It does not allow for an increase 
in Federal truck gross vehicle weights nor affect State enforcement of 
such regulations in any way. And, the bill does not affect truck axle 
weight regulations either. The bill meets the objectives of the 1992 
act, but reduces unnecessary compliance burdens and service 
disruptions.
  Mr. President, I urge all of my colleagues to recognize the urgency 
for moving this measure forward expeditiously. I also urge the 
administration to work diligently to address those problematic areas 
which do not need legislative action. Working together, we can advance 
the safety of our Nation's roads and highways.
  I urge my colleagues to support this bipartisan legislation.
  Mr. President, I ask unanimous consent the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1957

       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 Amendments Act of 1996''.

     SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

       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 of the United States Code.

     SEC. 3. DEFINITIONS.

       Section 5901 (relating to definitions) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) except as otherwise provided in this chapter, the 
     definitions in section 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:
       ``(6) `gross cargo weight' means the weight of the cargo, 
     packaging materials (including ice), pallets, and dunnage.''.

     SEC. 4. NOTIFICATION AND CERTIFICATION.

       (a) Prior Notification.--Subsection (a) of section 5902 
     (relating to prior notification) is amended--
       (1) by striking ``Before a person tenders to a first 
     carrier for intermodal transportation a'' and inserting ``If 
     the first carrier to which any'';
       (2) by striking ``10,000 pounds (including packing material 
     and pallets), the person shall give the carrier a written'' 
     and inserting ``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'';
       (3) by striking ``trailer.'' and inserting ``trailer before 
     the tendering of the container or trailer.'';
       (4) by striking ``electronically.'' and inserting 
     ``electronically or by telephone.''; and
       (5) adding at the end thereof the following: ``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.--Subsection (b) of section 5902 
     (relating to certification) is amended to read as follows:
       ``(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--
       ``(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; and
       ``(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 who tenders 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 section 5902(b) after December 31, 2000, 
     as a commodity description 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 the term after that date 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.--Subsection (c) of section 
     5902 (relating to forwarding certifications to subsequent 
     carriers) is amended--
       (1) by striking ``transportation.'' and inserting 
     ``transportation before or when the loaded intermodal 
     container or trailer is tendered to the subsequent carrier. 
     If no certification is received by the subsequent carrier 
     before or when the container or trailer is tendered to it, 
     the subsequent carrier may presume that no certification is 
     required.''; and
       (2) by adding at the end thereof the following ``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 for any such fine, penalty, cost (including 
     storage), or interest incurred as a result of the inaccurate 
     transfer of information or failure to forward the 
     certification. A subsequent carrier who incurs a bond, fine, 
     penalty, or cost (including storage), or interest 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 and all court costs and legal fees 
     incurred by the carrier as a result of such inaccurate 
     transfer or failure.''.
       (d) Liability.--Section 5902 is amended by redesignating 
     subsection (d) as subsection (e), and by inserting after 
     subsection (c) the following:
       ``(d) Liability to Owner or Beneficial Owner.--If--
       ``(1) a person inaccurately transfers information on a 
     certifcation 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; and
       ``(3) that 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

[[Page S7895]]

     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 it.
       (e) Nonapplication.--Subsection (e) of section 5902, as 
     redesignated, is amended--
       (1) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively; and
       (2) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) The notification and certification requirements of 
     subsections (a and b) of this section do not apply to any 
     intermodal container or trailer containing consolidation 
     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.''.

     SEC. 5. PROHIBITIONS.

       Section 5903 (relating to prohibitions) is amended--
       (1) by inserting after ``person'' a comma and the 
     following: ``to whom section 5902(b) applies,'';
       (2) by striking subsection (b) and inserting the following:
       ``(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.--Nothwithstanding any other provision 
     of this chapter to the contrary, a copy of the certification 
     required by section 5902(b) is not required to accompany the 
     intermodal container or trailer.''; and
       (3) by striking ``10,000 pounds (including packing 
     materials and pallets)'' in subsection (c)(1) and inserting 
     ``29,000 pounds''.

     SEC. 6. LIENS.

       Section 5905 (relating to liens) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) General.--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 resulting 
     from--
       ``(1) erroneous information provided by the certifying 
     party in the certification to the first carrier in violation 
     of section 5903(a) of this title;
       ``(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 (c),

     then the person posting the bond, or paying the fine, 
     penalty, costs (including storage), or interest has a lien 
     against the contents equal to the amount of the bond, fine, 
     penalty, cost (including storage), or interest 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.'';
       (2) by inserting a comma and ``or the owner or beneficial 
     owner of the contents,'' and ``first carrier'' in subsection 
     (b)(1); and
       (3) by striking ``cost, or interest.'' in subsection (b)(1) 
     and inserting ``cost (including storage), or interest. The 
     lien shall remain in effect until the lien holder has 
     received payment for all costs and expenses described in 
     subsection (a) of this section.''.

     SEC. 7. PERISHABLE AGRICULTURAL COMMODITIES.

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

     SEC. 8. REGULATIONS; EFFECTIVE DATE.

       (a) Regulations.--Section 5907(a) (relating to regulations) 
     is amended by striking the first sentence and inserting the 
     following: ``Not later than 30 days after the date of 
     enactment of the International Safe Container Transportation 
     Amendments Act of 1996, the Secretary of Transportation shall 
     initiate a proceeding to consider adoption or modification of 
     regulations under this chapter to reflect the amendments made 
     by that Act. The Secretary shall prescribe final regulations, 
     if such regulations are needed, within 90 days after such 
     date of enactment.''.
       (b) Effective Date.--Section 5907(b) (relating to effective 
     date) is amended to read as follows:
       ``(b) Effective Date.--This chapter is effective on the 
     date of enactment of the Intermodal Safe Container 
     Transportation Amendments Act of 1996. The Secretary shall 
     implement the provisions of this chapter 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 
     thereof the following:

     ``Sec. 5908. Relationship to other laws

       ``Nothing in this chapter affects--
       ``(1) chapter 51 (relating to transportation of hazardous 
     material) or the regulations promulgated under that chapter; 
     or
       ``(2) any State highway weight or size law or regulation 
     applicable to tractor-trailer combinations.''.
       (b) Clerical Amendment.--The table of sections for such 
     chapter is amended by adding at the end thereof the 
     following:

``5908. Relationship to other laws''

  

  Mr. LOTT. Mr. President, I rise today to speak in support of the 
Intermodal Safe Container Transportation Amendments Act of 1996 which 
is being introduced today by Senator Pressler. It was drafted in a 
completely bipartisan manner with other members of the Senate's 
Committee on Commerce, Science, and Transportation.
  Let me be clear. Without a doubt, there is a problem with overweight 
containers in the transportation world. There is also a problem with 
how the government disciplines offenders under the current law. This 
legislation will go to the root of the problem and provide effective 
remedies.
  The present system places the truck operators, who in most cases are 
least responsible for the problem, in the greatest jeopardy. It is like 
getting mad at your local letter carrier for delivering a month old 
letter to you. It makes no sense because the letter carrier just 
received the letter today. The intermodal carrier receives the 
container already overweight. They did not make it overweight. For the 
government policy to be effective, Senator Pressler has proposed 
legislation which goes directly at the cause and not the symptom. This 
will make the world's intermodal transportation system safer.
  Let me also be up-front. This bill will raise the threshold for 
certification from 10,000 pounds to 29,001 pounds. This action is 
definitely needed and acknowledged as a responsible action. Studies 
from all segments of the transportation industry have concluded that 
this new trigger weight would not increase the risks to the public. I 
believe this will permit better regulatory compliance.
  The efficiency of the intermodal system is addressed by reducing or 
virtually eliminating unnecessary paperwork. Senator Pressler allows 
for the use of electronic data interchange technology to speed 
intermodal transfers. No longer will a driver have to carry a hard copy 
paper certification. The shippers also benefit with the elimination of 
the burdensome separate intermodal certifications. This will permit 
shippers to use a standard bill of lading or other existing shipping 
document as the certification.
  Let's talk enforcement. Senator Pressler put teeth into this 
amendment by focusing action on the beneficial owner of the cargo. 
While this requires no additional State action, it permits the truck 
operator to resolve an overweight violation with greater efficiency. It 
preserves State authority to regulate all highway safety laws. Let me 
be clear, this bill ensures that the parties who cause the container to 
be overweight will be identified and held accountable and liable.
  Let me conclude by complimenting all those who worked skillfully and 
diligently in order to forge this bipartisan and very necessary piece 
of legislation. The dedication in resolving the many technical details 
is reflected in this legislation. This legislation is a collaborative 
effort through the leadership of Senator Pressler and with input from 
the Department of Transportation, The Advocates for Highway and Auto 
Safety, National Industrial Transportation League and the Intermodal 
Safe Container Coalition.
  The bottom line is that the world of intermodal transportation needs 
to be improved, and Senator Pressler's Intermodal Safe Container 
Transportation Amendments Act of 1996 offers the right legislative 
solutions. It will produce many enhancements and safety practices which 
will benefit all the parties involved. This legislation will also 
increase speed and efficiency in the intermodal world without 
jeopardizing the concerns of the general public.
  I ask all my colleagues to take a closer look at Senator Pressler's 
proposal and consider joining us as cosponsors to this important 
transportation legislation.
                                 ______