[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.