I
103D CONGRESS
1ST SESSION
H. R. 2860
To amend the Interstate Commerce Act to modify the Interstate Commerce
Commission’s regulatory responsibilities over the trucking industry, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 4, 1993
Mr. EMERSON introduced the following bill; which was referred to the
Committee on Public Works and Transportation
A BILL
To amend the Interstate Commerce Act to modify the Inter-
state Commerce Commission’s regulatory responsibilities
over the trucking industry, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Trucking Regulatory
Reform Act of 1993’’.
SEC. 2. PURPOSE.
This Act is part of the continuing effort by the Con-
gress to reduce burdensome and unnecessary Government
regulation and to enhance competition, safety, and effi-
ciency in the motor carrier industry.
SEC. 3. FINDINGS.
Congress finds that—
(1) a safe, sound, competitive, and fuel-efficient
motor carrier system is vital to the maintenance of
a strong national economy and a strong national de-
fense;
(2) the statutes governing Federal regulation of
the motor carrier industry are outdated and must be
revised to reflect present and future transportation
needs and realities;
(3) significant competitive and consumer bene-
fits have resulted from the enactment and implemen-
tation of the Motor Carrier Act of 1980;
(4) limitation of the Interstate Commerce Com-
mission’s regulatory responsibility over motor car-
riers of property will result in enhanced competition
in the motor carrier industry;
(5) elimination of unnecessary regulatory re-
quirements will improve performance of the motor
carrier industry at both the Federal and the State
level;
(6) streamlined regulatory oversight functions
will result in a reduction of the paperwork burden
for businesses and government; and
(7) legislative and resulting changes should be
implemented with the least amount of disruption
consistent with achieving the reforms enacted.
SEC. 4. TRANSPORTATION POLICY.
Section 10101(a)(2) of title 49, United States Code,
is amended—
(1) by redesignating clauses (A) through (I) as
clauses (C) through (K), respectively;
(2) by inserting after ‘‘in order to’’ the follow-
ing new clauses: ‘‘(A) allow, to the maximum extent
possible, competition and the demand for services to
establish reasonable rates for transportation by
motor carriers of property; (B) minimize the need
for Federal regulatory control over the motor carrier
transportation system and to require fair and expe-
ditious regulatory decisions when regulation is re-
quired;’’.
SEC. 5. DEFINITIONS.
Section 10102 of title 49, United States Code, is
amended—
(1) by redesignating paragraphs (13) and (14)
as paragraphs (14) and (15), respectively;
(2) by inserting after paragraph (12) the fol-
lowing new paragraph:
‘‘(13) ‘independently determined rate, classifica-
tion, rule or practice’ means a rate, classification,
rule, or practice established by—
‘‘(A) a single motor common carrier for
application only to transportation that it can
provide over its line; or
‘‘(B) 2 or more interlining carriers without
participation in an organization established or
continued under an agreement approved under
section 10706(b) for application only to trans-
portation that the interlining carriers can pro-
vide jointly over their lines.’’;
(3) by inserting after paragraph (15), as so re-
designated, the following new paragraph:
‘‘(16) ‘motor common carrier independent ac-
tion’ means any action taken by a motor common
carrier of property that is a member of an organiza-
tion established or continued under an agreement
approved under section 10706(b) or by 2 or more
interlining motor common carriers of property that
are members of such an organization—
‘‘(A) to establish a rate, classification, rule,
or practice to be published by the organization
in the appropriate organization or individual
tariff or to cancel a rate, classification, rule, or
practice for the account of the motor common
carrier or the interlining motor common car-
riers; or
‘‘(B) to instruct the organization that an
existing rate established by collective action (in-
cluding a joint-rate, general rate increase, or
broad tariff restructuring) which is proposed to
be instituted, changed, or canceled, be retained
with or without modification for the account of,
or be made inapplicable to the account of, the
carrier or the accounts of the interlining car-
riers and published in the appropriate organiza-
tion or individual carrier tariffs.’’; and
(4) by redesignating existing paragraphs (15)
through (31) as paragraphs (17) through (33), re-
spectively.
SEC. 6. EXEMPTIONS.
Section 10505 of title 49, United States Code, is
amended—
(1) in subsection (a) by inserting ‘‘, or a motor
carrier providing transportation of property other
than household goods,’’ after ‘‘rail carrier providing
transportation’’;
any carrier participating in it from liability or any remedy
available under the antitrust laws, as defined in the first
section of the Clayton Act (15 U.S.C. 12), unless the Com-
mission has determined reasonableness of the rate, classi-
fication, rule, or practice under the provisions of this sub-
title.’’.
(b) Section 10706(b)(4) of title 49, United States
Code, as redesignated by subsection (a)(4) of this section,
is amended—
(1) 
by 
redesignating 
subparagraphs 
(E)
through (H) as subparagraphs (F) through (I), re-
spectively; and
(2) by inserting after subparagraph (D) the fol-
lowing new subparagraph:
‘‘(E) No agreement approved under this sub-
section may provide for docketing of the independent
actions of motor common carriers providing trans-
portation of property other than household goods or
for discussion of or voting upon those independent
actions.’’.
SEC. 8. STANDARDS FOR RATEMAKING.
(a) Section 10701(a) of title 49, United States Code,
is amended—
(1) by striking ‘‘(other than a rail rate),’’ in the
first sentence and inserting ‘‘(other than a (1) rail
rate, or (2) an independently determined rate or a
rate determined by the independent action, as de-
fined in section 10102(16)(A), of a motor carrier
providing transportation of property other than
household goods),’’;
(2) by striking ‘‘(including a rail carrier)’’ in
the second sentence and inserting ‘‘(including a rail
carrier, but excluding a motor carrier providing
transportation of property other than household
goods under rates described in clause (2) of the first
sentence of this subsection)’’; and
(3) by striking ‘‘(including rail carriers)’’ in the
third sentence and inserting ‘‘(including rail car-
riers, but excluding motor carriers providing trans-
portation of property other than household goods
under rates described in clause (2) of the first sen-
tence of this subsection)’’.
(b) Section 10701(e) of title 49, United States Code,
is amended by inserting ‘‘(except a motor carrier or a
group of motor carriers providing transportation of prop-
erty other than household goods under independently de-
termined rates or rates determined by independent action,
as defined in section 10102(16)(A))’’ after ‘‘motor car-
riers’’.
SEC. 
9. 
PRESCRIPTION 
OF 
RATES, 
CLASSIFICATIONS,
RULES, AND PRACTICES BY THE INTERSTATE
COMMERCE COMMISSION.
(a) Section 10704(b)(1) of title 49, United States
Code, is amended—
(1) in subparagraph (A) by inserting after
‘‘title’’ the following: ‘‘(except as to a motor common
carrier providing transportation of property other
than household goods under independently deter-
mined rates or rates determined by independent ac-
tion, as defined in section 10102(16)(A))’’; and
(2) by inserting ‘‘, except as provided in para-
graph (2) of this subsection, or the’’ after ‘‘shall
prescribe,’’.
(b) Section 10704(b) of title 49, United States Code,
is amended—
(1) by redesignating paragraphs (2), (3), and
(4) as paragraphs (3), (4), and (5), respectively; and
(2) by inserting after paragraph (1) the follow-
ing new paragraph:
‘‘(2) If the carrier is a motor common carrier provid-
ing transportation of property other than household goods
which establishes rates collectively in an organization es-
tablished or continued under an agreement approved
under section 10706 of this title or by independent action,
as defined in section 10102(16)(B), the Commission shall
prescribe only the maximum rate or the classification,
rule, or practice to be followed.’’.
(c) Section 10704(c)(1) of title 49, United States
Code, is amended—
(1) in the first sentence by inserting ‘‘(except a
motor contract carrier providing transportation of
property other than household goods)’’ after ‘‘con-
tract carrier’’ the first place it appears;
(2) in the first sentence by inserting ‘‘(except
the minimum rate of a motor contract carrier pro-
viding transportation of property other than house-
hold goods)’’ after ‘‘minimum rate’’ the second place
it appears; and
(3) in the second sentence by striking ‘‘rate,’’
and inserting ‘‘rate (except the rate of a motor con-
tract carrier providing transportation of property
other than households goods),’’.
(d) Section 10704(c)(2) of title 49, United States
Code, is amended by inserting ‘‘except a motor contract
carrier providing transportation of property other than
household goods,’’ after ‘‘contract carrier,’’.
(e) Section 10704(d) of title 49, United States Code,
is amended by inserting ‘‘and motor carriers providing
transportation of property other than household goods’’
after ‘‘rail carriers’’.
(f) Section 10705(b) of title 49, United States Code,
is amended by adding at the end the following new para-
graph:
‘‘(3) Nothing in this section shall be applicable to
motor common carriers providing transportation of prop-
erty other than household goods under rates, classifica-
tions, rules, and practices that have been independently
determined, as defined in section 10102(13), or estab-
lished by independent action as defined in section
10102(16)(A).’’.
SEC. 10. INVESTIGATION AND SUSPENSION OF NEW RATES,
CLASSIFICATIONS, RULES, AND PRACTICES.
(a) Section 10708(a)(1) of title 49, United States
Code, is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘(except as to new indi-
vidual rates, classifications, rules, and practices
that are independently determined, as defined
in section 10102(13), or established by inde-
pendent 
action, 
as 
defined 
in 
section
10102(16)(A), by motor common carriers pro-
viding transportation of property other than
household goods)’’ after ‘‘affecting a rate’’; and
(B) by striking ‘‘or’’ the last place it ap-
pears;
(2) in subparagraph (B)—
(A) by inserting ‘‘(other than a motor con-
tract carrier providing transportation of prop-
erty other than households goods)’’ after ‘‘con-
tract carrier’’; and
(B) by striking the period at the end of
such subparagraph and inserting ‘‘; or’’; and
(3) by inserting after subparagraph (B) the fol-
lowing new subparagraph:
‘‘(C) a new rate, classification, rule, or practice
described in subparagraph (A) and established by
independent 
action, 
as 
defined 
in 
section
10102(16)(B), or established collectively in accord-
ance with the procedures of an agreement approved
by the Commission under section 10706(b) is filed
with the Commission by or on behalf of a motor
common carrier or 2 or more interlining motor com-
mon carriers providing transportation of property,
other than household goods.’’.
(b) Section 10708(d) of title 49, United States Code,
is amended—
(1) in paragraph (1) by striking ‘‘motor com-
mon carrier of property or’’ and inserting ‘‘motor
common carrier providing transportation of house-
hold goods or a’’;