[104th Congress Public Law 291]
[From the U.S. Government Printing Office]
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[DOCID: f:publ291.104]
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NATIONAL TRANSPORTATION SAFETY BOARD AUTHORIZATION
[[Page 110 STAT. 3452]]
Public Law 104-291
104th Congress
An Act
<<NOTE: Oct. 11, 1996 - [H.R. 3159]>> 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<<NOTE: National Transportation Safety Board Amendments of 1996.>> TITLE
I--NTSB AMENDMENTS
<<NOTE: 49 USC 1101 note.>> SEC. 101. SHORT TITLE.
This title may be cited as the ``National Transportation Safety
Board Amendments of 1996''.
SEC. 102. FOREIGN INVESTIGATIONS.
Section 1114 of title 49, United States Code, is amended--
(1) by striking ``(b) and (c)'' in subsection (a) and
inserting ``(b), (c), and (e)''; and
(2) by adding at the end the following:
``(e) Foreign Investigations.--
``(1) In general.--Notwithstanding any other provision of
law, neither the Board, nor any agency receiving information
from the Board, shall disclose records or information relating
to its participation in foreign aircraft accident
investigations; except that--
``(A) the Board shall release records pertaining to
such an investigation when the country conducting the
investigation issues its final report or 2 years
following the date of the accident, whichever occurs
first; and
``(B) the Board may disclose records and information
when authorized to do so by the country conducting the
investigation.
``(2) Safety recommendations.--Nothing in this subsection
shall restrict the Board at any time from referring to foreign
accident investigation information in making safety
recommendations.''.
SEC. 103. PROTECTION OF VOLUNTARY SUBMISSION OF INFORMATION.
Section 1114(b) of title 49, United States Code, is amended by
adding at the end the following:
``(3) Protection of Voluntary Submission of Information.--
Notwithstanding any other provision of law, neither the Board,
nor any agency receiving information from the Board, shall
disclose voluntarily provided safety-related information if that
information is not related to the exercise of the Board's
[[Page 110 STAT. 3453]]
accident or incident investigation authority under this chapter
and if the Board finds that the disclosure of the information
would inhibit the voluntary provision of that type of
information.''.
SEC. 104. TRAINING.
Section 1115 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Training of board employees and others.--The Board may
conduct training of its employees in those subjects necessary
for the proper performance of accident investigation. The Board
may also authorize attendance at courses given under this
subsection by other government personnel, personnel of foreign
governments, and personnel from industry or
otherwise who have a requirement for accident investigation
training. The Board may require non-Board personnel to reimburse
some or all of the training costs, and amounts so reimbursed
shall be credited to the appropriation of the `National
Transportation Safety Board, Salaries and Expenses' as
offsetting collections.''.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
Section 1118(a) of title 49, United States Code, is amended--
(1) by striking ``and''; and
(2) by inserting before the period at the end of the first
sentence the following: ``, $42,400,00 for fiscal year 1997,
$44,400,000 for fiscal year 1998, and $46,600,000 for fiscal
year 1999.''.
<<NOTE: Intermodal Safe Container Transportation Amendments Act of
1996.>> TITLE II--INTERMODAL TRANSPORTATION
<<NOTE: 49 USC 5101 note.>> 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--
[[Page 110 STAT. 3454]]
(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 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
[[Page 110 STAT. 3455]]
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
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 by moving the text of paragraph
(2), as so redesignated down 1 line and to the left, flush full
measure and indenting such paragraph; and
(2) by inserting before paragraph (2), as redesignated, the
following:
[[Page 110 STAT. 3456]]
``(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'' in subsection (a) 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
[[Page 110 STAT. 3457]]
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 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,'' after ``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. 207. 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. 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 5907 and inserting the
following:
``5907. Effective date.''.
[[Page 110 STAT. 3458]]
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.''.
Approved October 11, 1996.
LEGISLATIVE HISTORY--H.R. 3159 (S. 1831):
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HOUSE REPORTS: No. 104-682 (Comm. on Transportation and Infrastructure).
SENATE REPORTS: No. 104-324 accompanying S. 1831 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 142 (1996):
July 22, considered and passed House.
Sept. 18, considered and passed Senate, amended, in lieu of
S. 1831.
Sept. 26, House concurred in Senate amendment.
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