[Congressional Record Volume 142, Number 129 (Wednesday, September 18, 1996)]
[Senate]
[Pages S10866-S10867]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      THE NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS OF 1996

                                 ______
                                 

                      PRESSLER AMENDMENT NO. 5390

  Mr. STEVENS (for Mr. Pressler) proposed an amendment to the bill (S. 
1831) to amend title 49. United States Code, to authorize 
appropriations for fiscal years 1997, 1998, and 1999 for the National 
Transportation Safety Board, and for other purposes; as follows:

       On page 2, before line 1, insert the following:

                        TITLE I--NTSB AMENDMENTS

       On page 2, line 1, strike ``SECTION 1.'' and insert ``SEC. 
     101.''.
       On page 2, line 4, strike ``SEC. 2.'' and insert ``SEC. 
     102.''.
       On page 3, line 3, strike ``SEC. 3.'' and insert ``SEC. 
     103.''.
       On page 3, line 17, strike ``SEC. 4.'' and insert ``SEC. 
     104.''.
       On page 4, line 8, strike ``SEC. 5.'' and insert ``SEC. 
     105.''.
       On page 4, after line 15, insert the following:

                  TITLE II--INTERMODAL TRANSPORTATION

     SEC. 201. SHORT TITLE.

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

     SEC. 202. AMENDMENT OF TITLE 49, UNITED STATES CODE.

       Except as otherwise expressly provided, whenever in this 
     title 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. 203. 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 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:
       ``(6) `gross cargo weight' means the weight of the cargo, 
     packaging materials (including ice), pallets, and dunnage.''.

     SEC. 204. 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) by 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 
     electric 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

[[Page S10867]]

     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 
     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; 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 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 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.''.

     SEC. 205. 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.--Notwithstanding 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.'';
       (3) by striking ``10,000 pounds (including packing 
     materials and pallets)'' in subsection (c)(1) and inserting 
     ``29,000 pounds''; and
       (4) by adding at the end the following:
       ``(d) Notice to Leased Operators.--
       ``(1) In general.--If a motor carrier knows that the gross 
     cargo weight of an intermodal container or trailer subject to 
     the certification requirements of section 5902(b) would 
     result in a violation of applicable State gross vehicle 
     weight laws, then--
       ``(A) the motor carrier shall give notice to the operator 
     of a vehicle which is leased by the vehicle operator to a 
     motor carrier that transports an intermodal container or 
     trailer of the gross cargo weight of the container or trailer 
     as certified to the motor carrier under section 5902(b);
       ``(B) the notice shall be provided to the operator prior to 
     the operator being tendered the container or trailer;
       ``(C) the notice required by this subsection shall be in 
     writing, but may be transmitted electronically; and
       ``(D) the motor carrier shall bear the burden of proof to 
     establish that it tendered the required notice to the 
     operator.
       ``(2) Reimbursement.--If the operator of a leased vehicle 
     transporting a container or trailer subject to this chapter 
     is fined because of a violation of a State's gross vehicle 
     weight laws or regulations and the lessee motor carrier 
     cannot establish that it tendered to the operator the notice 
     required by paragraph (1) of this subsection, then the 
     operator shall be entitled to reimbursement from the motor 
     carrier in the amount of any fine and court costs 
     resulting from the failure of the motor carrier to tender 
     the notice to the operator.''.

     SEC. 206. 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 4903(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,'' after ``first carrier'' in 
     subsection 9(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. 207. PERISHABLE AGRICULTURAL COMMODITIES.

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

     SEC. 208. EFFECTIVE DATE.

       (a) In General.--Section 5907 (relating to regulations and 
     effective date) is amended to read as follows:

     ``Sec. 5907. Effective date

       ``This chapter shall take effect 180 days after the date of 
     enactment of the Intermodal Safe Container Transportation 
     Amendments Act of 1996.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     59 is amended by striking the item relating to section 5709 
     and inserting the following:

``Sec. 5907. Effective date''.

     SEC. 209. 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''

                          ____________________