[Public Papers of the Presidents of the United States: George H. W. Bush (1992-1993, Book II)]
[October 28, 1992]
[Page 2057]
[From the U.S. Government Publishing Office www.gpo.gov]



Statement on Signing the Intermodal Safe Container Transportation Act of 
1992
October 28, 1992

    Today I am signing into law H.R. 3598, the ``Intermodal Safe 
Container Transportation Act of 1992.''
    This Act will require shippers to certify the cargo weights and 
contents of intermodal containers and trailers. The Act also authorizes 
States to impose liability on shippers where citations for violations of 
State highway weight limits are issued to highway motor carriers as a 
result of erroneous certifications. The legislation is a progressive 
step toward reducing the number of overweight vehicles on U.S. highways 
and the threats that they pose to public safety and highway pavement 
conditions.
    I regret, however, that there are some problems with the bill's 
approach. I am concerned about the paperwork burden that will be levied 
on small shippers, the potential for inconsistent application by States, 
and the fact that the bill would, in effect, establish two enforcement 
programs: one for shippers in intermodal commerce and another for all 
other shippers.
    The Department of Transportation has been given considerable 
flexibility to develop the regulations required by H.R. 3598. The 
Department will use its flexibility to minimize these potential 
problems.
    I urge all States to adopt a similar approach. Failure to do so 
could complicate, instead of clarify, the intermodal shipping 
community's understanding of weight regulations for intermodal cargoes.
    This legislation is a first step toward a full review of overweight 
vehicle operations on U.S. highways. My Administration intends to 
undertake such a review.
    One section of the bill purports to require the Secretary of 
Transportation to submit, to several congressional committees, 
legislative and other recommendations for improving the collection of 
certain transportation data. Under Article II, section 3 of the 
Constitution, the President possesses the exclusive authority to 
determine what legislative measures he and his subordinates will 
recommend for the Congress' consideration. To avoid constitutional 
difficulties, and consistent with established practice, I interpret this 
section of the bill to be advisory, not mandatory.

                                                             George Bush

The White House,
October 28, 1992.

                    Note: H.R. 3598, approved October 28, was assigned 
                        Public Law No. 102-548.