[House Report 104-794]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-794
_______________________________________________________________________
INTERMODAL SAFE CONTAINER TRANSPORTATION ACT AMENDMENTS OF 1996
_______________________________________________________________________
September 17, 1996.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 4040]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 4040) to amend title 49, United
States Code, relating to intermodal safe container
transportation, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
Purpose
The purpose of this legislation is to make several changes
and corrections to the Intermodal Safe Container Transportation
Act of 1992 in order to permit the shippers, ocean carriers,
railroads and motor carriers that are subject to its strictures
to operationally implement the goals of the 1992 Act.
Background and Need
The Intermodal Safe Container Transportation Act was passed
by Congress in 1992. The 1992 Act was intended to set national
standards for the intermodal transfer of freight containers
between ocean shipping lines, railroads and motor carriers to
help ensure that no trucks hauling containers on the nation's
highways are overweight. To accomplish this, the 1992 Act
required that a certification be prepared for each intermodal
container which included a description of the container's
contents and the gross weight. This certification was to be
prepared by the shipper and passed along between ocean
carriers, railroads and motor carriers.
The 1992 Act contained several provisions that the ocean
shipping, railroad and motor carrier industries agreed would
impede the smooth flow of intermodal container shipments. These
problems were contained in the statute and could not be
corrected administratively by DOT. As a result, a coalition of
ocean carriers, railroads, motor carriers and freight shippers
recommended changes to the 1992 Act, and this coalition's
recommendations are the basis of these Amendments.
The 1992 Act's provisions become effective upon the date
that final regulations to enforce the 1992 Act take effect. The
Department of Transportation issued final regulations to
implement the 1992 Act to be effective on September 1, 1996.
DOT voluntarily agreed to delay implementation of these final
regulations until January 2, 1997. Therefore, the 1992 Act has
never gone into effect.
These Amendments made by this legislation fully meet the
objectives of the 1992 Act, are compatible with the complex
operations of the freight industry, and balance the needs of
carriers of all modes and shippers. These provisions are also
supported by DOT.
These Amendments encourage compliance with highway weight
rules by establishing liability for gross weight violations
from carrying intermodal containers. Shoppers must provide a
certification that among other things, identifies the weight
and contents of the container. If this certification is not
made or is made incorrectly, the shippers are liable for any
resultant highway weight violations.
The Amendments will speed shipments by permitting all
carriers to use electronic certifications and reduces paperwork
by permitting a bill of lading to be used as the certification.
The weight threshold for a container certification has been set
at 29,001 pounds. This weight reduces the burden of complying
with the Act but still ensures that all containers likely to
cause overweight violations will be identified.
The Committee believes that Federal and State enforcement
personnel should be facilitated in determining weight law
compliance by having intermodal container or trailer weight
certifications promptly available to them. Carriers and States,
where practical, should move to electronic data systems that
ensure rapid retrieval of required certificates for commercial
vehicle inspection authorities. In the interim, if carriers
provide required certifications in writing, carriers and States
should develop appropriate methods, including facsimile
transmission, to ensure that the information will be readily
available to enforcement personnel.
Section-By-Section Analysis
section 1--short title
The Act shall be cited as the Intermodal Safe Container Act
Amendments of 1996.
section 2--references to title 49
This section provides that all references are to provisions
contained in title 49, United States Code.
section 3--definitions
This section conforms the reference to definitions
contained in the Interstate Commerce Act to changes made in the
ICC Termination Act of 1995 and adds a new definition of Gross
Cargo Weight to section 5901 of title 49.
section 4--notification and certifications
This section strikes the existing section 5902 of title 49
and substitutes an amended section.
New subsection 5902(a) requires that any person tendering a
container or trailer having a projected gross cargo weight in
excess of 29,000 pounds to a motor carrier must give that motor
carrier a prior written, electronic or telephonic notification
of the projected gross cargo weight and a reasonable
description of the contents of such container or trailer. This
notification is only required if the motor carrier is the first
carrier.
New subsection 5902(b) sets forth that a person who tenders
a loaded container or trailer that has an actual gross cargo
weight exceeding 29,000 pounds must provide a written or
electronic certification to the first carrier. Subsection
5902(b)(2) provides that this certification shall include (i)
the actual gross cargo weight, (ii) a reasonable description of
the contents of the container or trailer, (iii) the identity of
the certifying party, (iv) the container or trailer number, and
(v) the date or the certification or transfer. Subsection
5902(b)(3) sets forth how a carrier may transfer data contained
on a certification. Subsection 5902(b)(4) permits a bill of
lading to serve as the certification if it contains the
required elements for a certification. Subsection 5902(b)(5)
prohibits, after December 31, 2000, the use of the term
``Freight All Kinds'' or ``FAK'' to describe the contents of a
container or trailer if the weight of any one commodity in that
container or trailer exceeds 20 percent of the weight of the
contents of that container or trailer. A three-year phase-in is
provided to give carriers that use such designations time to
adjust their information systems. Subsection 5902(b)(6) sets
out certification document markings. Subsection 5902(b)(7)
applies this section to any domestic or foreign person who
tenders a container or trailer for intermodal transportation in
the United States.
New Subsection 5902(c) requires that any certification be
transferred from a carrier to a subsequent carrier. It provides
that if a carrier does not receive a certification, then it is
presumed that no certification was required for that container
or trailer. This subsection states that a person who fails to
forward or inaccurately transfers the certificate is liable to
any person who incurs any bond, fine, penalty, cost (including
storage) or interest charge incurred as a result of such
failure or inaccuracy. This subsection gives carriers a right
to file a lien against the contents or the container or trailer
if such carrier incurs any such bond, fine, penalty, cost or
interest charge. This subsection also sets forth the
information that motor carriers must provide to leased
operators and the liability of motor carriers to leased
operators in the event of a resultant gross weight violation.
Subsection 5902(d) sets forth the rights of owners of
freight who pay a carrier's lien to collect from other persons
in the case of a carrier filing a lien on the shipment for
weight violations.
The Act creates lien rights in favor of carriers that must
post a bond, or that must pay fines, penalties or costs
resulting from the failure of a shipper to provide an accurate
certification, failure of a previous carrier to forward a
required certification, or from the inaccurate transfer of
information on a certificate. Similarly, the entity or entities
that are responsible for the failure to forward a
certification, or for inaccurate transfer of information, are
liable to the lienholder, or to the entity that pays to have
the lien released, for amounts secured by the loan. Section
5902(c) and 5902(d) both now contain language describing the
scope of the liability of such an entity or entities to a
lienholder or to the entity paying to release the lien. The
language relating to ``costs'' differs slightly in the two
subsections. These differences are stylistic only, and no
substantive distinction is to be inferred from the differences
in the language. It is the intent of the Committee that while
``costs'' shall include court costs and reasonable legal fees
directly related to asserting or enforcing any lien, no entity
shall be liable to any other entity for consequential or
indirect damages arising from the exercise of any lien rights.
Accordingly, for example, no entity shall be liable under the
Act for damages premised on delay in delivery of cargo (except
for storage costs, which are explicitly included), lost
profits, disruption to commercial relationships, or any other
similar claim, regardless of whether or not the potential for
such damage is foreseeable or in fact known.
Subsection 5902(e) clarifies the situations in which this
subsection does not apply.
section 5--prohibitions
Subsection (a) makes a conforming change to Section
5903(a).
Subsection (b) strikes the existing Section 5903(b) and
substitutes an amended version which provides that it is
presumed that if no certification is received by a motor
carrier when an intermodal container or trailer is tendered to
it, then the motor carrier may presume that the gross cargo
weight of the container or trailer is less than 29,001 pounds.
This subsection also provides that a copy of the certification
is not required to accompany the intermodal container or
trailer.
Subsection (c) conforms the weight limit in Section
5903(c)(1) from 10,000 to 29,000 pounds.
section 6--liens
Subsection (a) amends Section 5905(a) to conform this
section, which establishes in which instances parties have
liens on the contents of containers or trailers, to the amended
lien provisions in section 5902.
Subsection (b) makes conforming changes to Section 5905(b)
to include the owner of the contents of the container or
trailer and provides that any lien shall remain in effect until
the lien holder receives payment in accordance with Section
5905(a).
section 7--perishable agricultural commodities
This section makes conforming changes.
section 8--effective date
This section amends Section 5907 to provide that the
statutory changes made by this Act are effective on the date of
enactment of this act. This section also provides that these
provisions as amended by this Act shall be implemented 180 days
after the date of enactment of this Act. The purpose of this
section is to ensure that the provisions of the 1992 Act do not
take effect on January 1, 1997. Therefore, the statutory
changes made by this Act are effective on the date of
enactment. To ensure that all relevant parties have 180 days to
prepare for the changes made by this Act, this section provides
that they shall not be effective for 180 days.
section 9--relationship to other laws
Subsection (a) adds a new Section 5908 which states that
nothing in this act affects hazardous materials transportation
or vehicle weight laws.
Subsection (b) is a conforming change.
Committee Oversight Findings and Recommendations
With respect to the requirements of clause 2(l)(3) of rule
XI of the Rules of the House of Representatives, and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
no oversight findings or recommendations are included in this
report.
Inflationary Impact Statement
Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the committee estimates that the
enactment of H.R. 4040 will have no significant inflationary
impact on prices and costs in the operation of the national
economy.
Compliance With House Rule XI
1. With respect to the requirement of clause 2(l)(3)(B) of
rule XI of the rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, H.R.
4040 does not contain any new budget authority or new credit
authority.
2. With respect to the requirement of clause 2(l)(3)(D) of
rule XI of the rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 4040.
3. With respect to the requirement of clause 2(l)(3)(C) of
rule XI of the rules of the House of Representatives and
section 403 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
4040, as amended, from the Director of the Congressional Budget
Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 16, 1996.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed H.R. 4040, the Intermodal Safe Container
Transportation Amendments Act of 1996, as ordered reported by
the House Committee on Transportation and Infrastructure on
September 12, 1996. CBO estimates that implementing H.R. 4040
would have no impact on the federal budget. Enacting H.R. 4040
would not affect direct spending or receipts. Therefore, pay-
as-you-go procedures would not apply to the bill.
H.R. 4040 would amend Title 49 of the U.S. Code.
Specifically, it would amend the Intermodal Safe Container
Transportation Act of 1992. Some of the changes include
increasing the weight threshold required for container
certification from 10,000 pounds to 29,001 pounds and
permitting carriers to use electronic certifications. Based on
information from the Federal Highway Administration, CBO
estimates that implementing H.R. 4040 would have no impact on
the federal budget because it does not impose any additional
requirements on the federal government.
H.R. 4040 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4),
and would impose no costs on state, local, or tribal
governments.
H.R. 4040 contains private-sector mandates. However, CBO
has not had sufficient time to evaluate such mandates or their
costs and thus is not able to provide a cost estimate for those
mandates.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Clare
Doherty (for federal costs), Karen McVey (for the state and
local costs), and Jean Wooster (for the impact on the private
sector).
Sincerely,
June E. O'Neill, Director.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows (existing law proposed
to be omitted is enclosed in black brackets, new matter is
printed in italic, existing law in which no change is proposed
is shown in roman):
CHAPTER 59 OF TITLE 49, UNITED STATES CODE
* * * * * * *
CHAPTER 59--INTERMODAL SAFE CONTAINER TRANSPORTATION
Sec.
5901. Definitions.
* * * * * * *
[5907. Regulations and effective date.]
5907. Effective date.
5908. Relationship to other laws.
Sec. 5901. Definitions
In this chapter--
[(1) the definitions in section 10102 of this title
apply.]
(1) except as otherwise provided in this chapter, the
definitions in sections 10102 and 13102 of this title
apply.
* * * * * * *
(6) ``gross cargo weight'' means the weight of the
cargo, packaging materials (including ice), pallets,
and dunnage.
[(6)] (7) ``intermodal transportation'' means the
successive transportation of a loaded container or
trailer from its place of origin to its place of
destination by more than one mode of transportation in
interstate or foreign commerce, whether under a single
bill of lading or under separate bills of lading.
[(7)] (8) ``trailer'' means a nonpower, property-
carrying, trailing unit that is designed for use in
combination with a truck tractor.
[Sec. 5902. Notifications and certifications
[(a) Prior Notification.--Before a person tenders to a first
carrier for intermodal transportation a loaded container or
trailer having a projected gross cargo weight of more than
10,000 pounds (including packing material and pallets), the
person shall give the carrier a written notification of the
gross cargo weight and a reasonable description of the contents
of the container or trailer. The notification may be
transmitted electronically.
[(b) Certification.--Not later than when a person tenders to
a first carrier for intermodal transportation a container or
trailer to which subsection (a) of this section applies or a
loaded container or trailer having an actual gross cargo weight
of more than 10,000 pounds (including packing material and
pallets), the person shall certify to the carrier in writing
the actual gross cargo weight and a reasonable description of
the contents of the container or trailer.
[(c) Forwarding Certifications to Subsequent Carriers.--A
carrier, agent of a carrier, broker, customs broker, freight
forwarder, warehouser, or terminal operator shall forward the
certification provided under subsection (b) of this section to
a subsequent carrier transporting the container or trailer in
intermodal transportation. 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.
[(d) Nonapplication.--(1) Subsections (a) and (b) of this
section and section 5903(c) of this title 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.
[(2) 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. 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. 5903. Prohibitions
(a) Providing Erroneous Information.--A person, to whom
section 5902(b) applies, tendering a loaded container or
trailer may not provide erroneous information in a
certification required by section 5902(b) of this title.
[(b) Transporting Prior to Receiving Certification.--A motor
carrier may not transport a loaded container or trailer to
which section 5902(b) of this title applies before receiving
the certification required by section 5902(b).]
(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.--(1) A person may not coerce or
attempt to coerce a person participating in intermodal
transportation to transport a loaded container or trailer
having an actual gross cargo weight of more than [10,000 pounds
(including packing materials and pallets)] 29,000 pounds before
the certification required by section 5902(b) of this title is
provided.
* * * * * * *
Sec. 5905. Liens
[(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 under State law to post a bond or pay any fine,
penalty, cost, or interest resulting from providing erroneous
information in the certification to the first carrier in
violation of section 5903(a) of this title, the person has a
lien against the contents equal to the amount of the bond,
fine, penalty, cost, 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
the certification.]
(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.--(1) A lien under this section does not
authorize a person to dispose of the contents of a loaded
container or trailer until the person who tendered the
container or trailer to the first carrier or the owner or
beneficial owner of the contents is given a reasonable
opportunity to establish responsibility for the bond, fine,
penalty, [cost, or interest.] 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. 5906. Perishable agricultural commodities
[Sections 5904(a)(2) and 5905 of this title do] Section 5905
does not apply to a container or trailer the contents of which
are perishable agricultural commodities (as defined in the
Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499a et
seq.)).
[Sec. 5907. Regulations and effective date
[(a) Regulations.--Not later than July 25, 1993, the
Secretary of Transportation shall prescribe final regulations
to enforce this chapter. The Secretary may establish by
regulation exemptions to the regulations that are in the public
interest and consistent with the purposes of this chapter.
[(b) Effective Date.--This chapter is effective on the date
final regulations to enforce this chapter are prescribed.]
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. 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.