H. R. 2539—151
SEC. 330. RAILROAD REVITALIZATION AND REGULATORY REFORM
ACT OF 1976 AMENDMENTS.
The Railroad Revitalization and Regulatory Reform Act of 1976
is amended—
(1) in section 102(7) (45 U.S.C. 802(7)) by striking ‘‘common
carrier by railroad or express, as defined in section 1(3) of
the Interstate Commerce Act (49 U.S.C. 1(3))’’ and inserting
in lieu thereof ‘‘rail carrier subject to part A of subtitle IV
of title 49, United States Code’’;
(2) in section 505(a)(3) (45 U.S.C. 825(a)(3))—
(A) by striking ‘‘A financially responsible person (as
defined in section 10910(a)(1) of title 49, United States
Code)’’ and inserting in lieu thereof ‘‘(A) A financially
responsible person’’; and
(B) by inserting at the end the following new subpara-
graph:
‘‘(B) For purposes of this paragraph, the term ‘financially
responsible person’ means a person who (i) is capable of paying
the constitutional minimum value of the railroad line proposed
to be acquired, and (ii) is able to assure that adequate transpor-
tation will be provided over such line for a period of not less
than 3 years. Such term includes a governmental authority but
does not include a class I or class II rail carrier.’’;
(3) in section 509(b) (45 U.S.C. 829(b)) by striking para-
graph (2); and
(4) in section 510 (45 U.S.C. 830) by striking ‘‘the provisions
of section 20a of the Interstate Commerce Act (49 U.S.C. 20a),
nor’’.
SEC. 331. NORTHEAST RAIL SERVICE ACT OF 1981 AMENDMENTS.
The Northeast Rail Service Act of 1981 is amended in section
1164 (45 U.S.C. 1112) by striking ‘‘11344 or 11345’’ each place
it appears and inserting in lieu thereof ‘‘11324 or 11325’’.
SEC. 332. CONRAIL PRIVATIZATION ACT AMENDMENT.
Section 4036 of the Conrail Privatization Act (45 U.S.C. 1344)
is amended by striking ‘‘(19)’’.
SEC. 333. MIGRANT 
AND 
SEASONAL 
AGRICULTURAL 
WORKER
PROTECTION ACT AMENDMENTS.
Section 401(b)(2)(C) of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1841(b)(2)(C)) is amended by
striking ‘‘part II of the Interstate Commerce Act (49 U.S.C. 301
et seq.), or any successor provision of’’ and inserting in lieu thereof
‘‘part B of’’.
SEC. 334. FEDERAL AVIATION ADMINISTRATION AUTHORIZATION ACT
OF 1994.
Section 
601(d) 
of 
the 
Federal 
Aviation 
Administration
Authorization Act of 1994 (Public Law 103–305) is repealed.
SEC. 335. TERMINATION OF CERTAIN MARITIME AUTHORITY.
(a) REPEAL
OF
INTERCOASTAL
SHIPPING
ACT, 1933.—The
Intercoastal Shipping Act, 1933 (46 U.S.C. App. 843 et seq.) is
repealed effective September 30, 1996.
(b) REPEAL OF PROVISIONS OF SHIPPING ACT, 1916.—The follow-
ing provisions of the Shipping Act, 1916 are repealed effective
September 30, 1996:
H. R. 2539—152
(1) Section 3 (46 U.S.C. App. 804).
(2) Section 14 (46 U.S.C. App. 812).
(3) Section 15 (46 U.S.C. App. 814).
(4) Section 16 (46 U.S.C. App. 815).
(5) Section 17 (46 U.S.C. App. 816).
(6) Section 18 (46 U.S.C. App. 817).
(7) Section 19 (46 U.S.C. App. 818).
(8) Section 20 (46 U.S.C. App. 819).
(9) Section 21 (46 U.S.C. App. 820).
(10) Section 22 (46 U.S.C. App. 821).
(11) Section 23 (46 U.S.C. App. 822).
(12) Section 24 (46 U.S.C. App. 823).
(13) Section 25 (46 U.S.C. App. 824).
(14) Section 27 (46 U.S.C. App. 826).
(15) Section 29 (46 U.S.C. App. 828).
(16) Section 30 (46 U.S.C. App. 829).
(17) Section 31 (46 U.S.C. App. 830).
(18) Section 32 (46 U.S.C. App. 831).
(19) Section 33 (46 U.S.C. App. 832).
(20) Section 35 (46 U.S.C. App. 833a).
(21) Section 43 (46 U.S.C. App. 841a).
(22) Section 45 (46 U.S.C. App. 841c).
(c) CONFORMING AMENDMENTS.—
(1) MERCHANT
MARINE
ACT, 1936.—Section 204(a) of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1114(a)) is amended
by striking ‘‘the Intercoastal Shipping Act, 1933,’’.
(2) SHIPPING ACT OF 1984.—Section 5(e) of the Shipping
Act of 1984 (46 U.S.C. App. 1704(e)) is amended—
(A) by striking ‘‘This Act, the Shipping Act, 1916, and
the Intercoastal Shipping Act, 1933,’’ and inserting ‘‘This
Act and the Shipping Act, 1916’’; and
(B) by striking ‘‘this Act, the Shipping Act, 1916, or
the Intercoastal Shipping Act, 1933,’’ and inserting ‘‘this
Act or the Shipping Act, 1916’’.
SEC. 336. ARMORED CAR INDUSTRY RECIPROCITY ACT OF 1993
AMENDMENTS.
Section 5(2) of the Armored Car Industry Reciprocity Act of
1993 (15 U.S.C. 5904) is amended—
(1) by striking ‘‘subchapter II of chapter 105’’ and inserting
in lieu thereof ‘‘subchapter I of chapter 135’’; and
(2) by striking ‘‘holding the appropriate certificate, permit,
or license issued under subchapter II of chapter 109’’ and
inserting in lieu thereof ‘‘is registered under chapter 139’’.
SEC. 337. LABOR MANAGEMENT RELATIONS ACT, 1947 AMENDMENT.
Section 302(b)(2) of the Labor Management Relations Act, 1947
(29 U.S.C. 186(b)(2)) is amended by striking the parenthetical
phrase and inserting in lieu thereof ‘‘(as defined in section 13102
of title 49, United States Code)’’.
SEC. 338. INLANDS WATERWAY REVENUE ACT OF 1978 AMENDMENT.
Section 205(f)(1) of the Inlands Waterway Revenue Act of 1978
(33 U.S.C. 1803(f)(1)) is amended by striking ‘‘as set forth’’ and
all that follows through the period at the end and inserting in
lieu thereof ‘‘as set forth in sections 10101 and 13101 of title
49, United States Code.’’.
H. R. 2539—153
SEC. 339. NOISE CONTROL ACT OF 1972 AMENDMENT.
Section 18(d) of the Noise Control Act of 1972 (42 U.S.C.
4917(d)) is amended to read as follows:
‘‘(d) For purposes of this section, the term ‘motor carrier’
includes a motor carrier and motor private carrier as those terms
are defined in section 13102 of title 49, United States Code.’’.
SEC. 340. FAIR LABOR STANDARDS ACT OF 1938 AMENDMENT.
Section 13(b)(2) of the Fair Labor Standards Act of 1938 (29
U.S.C. 213(b)(2)) is amended by striking ‘‘common carrier by rail
and subject to the provisions of part I of the Interstate Commerce
Act’’ and inserting in lieu thereof ‘‘rail carrier subject to part A
of subtitle IV of title 49, United States Code’’.
TITLE IV—MISCELLANEOUS
PROVISIONS
SEC. 401. CERTAIN COMMERCIAL SPACE LAUNCH ACTIVITIES.
The licensing of a launch vehicle or launch site operator (includ-
ing any amendment, extension, or renewal of the license) under
chapter 701 of title 49, United States Code, shall not be considered
a major Federal action for purposes of section 102(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(C)) if—
(1) the Department of the Army has issued a permit for
the activity; and
(2) the Army Corps of Engineers has found that the activity
has no significant impact.
SEC. 402. DESTRUCTION OF MOTOR VEHICLES OR MOTOR VEHICLE
FACILITIES; WRECKING TRAINS.
(a) DESTRUCTION
OF MOTOR VEHICLES
OR MOTOR VEHICLE
FACILITIES.—Section 33 of title 18, United States Code, is
amended—
(1) by inserting ‘‘(a)’’ before ‘‘Whoever’’ the first place it
appears; and
(2) by adding at the end the following:
‘‘(b) Whoever is convicted of a violation of subsection (a) involv-
ing a motor vehicle that, at the time the violation occurred, carried
high-level radioactive waste (as that term is defined in section
2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12)))
or spent nuclear fuel (as that term is defined in section 2(23)
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23))),
shall be fined under this title and imprisoned for any term of
years not less than 30, or for life.’’.
(b) WRECKING TRAINS.—Section 1992 of such title is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Whoever’’ the first place it
appears;
(2) by inserting ‘‘(b)’’ before ‘‘Whoever is convicted’’;
(3) striking ‘‘any such crime, which’’ and inserting ‘‘a viola-
tion of subsection (a) that’’;
(4) by inserting after the paragraph beginning ‘‘Whoever
is convicted’’ the following:
‘‘Whoever is convicted of any such violation involving a train
that, at the time the violation occurred, carried high-level radio-
active waste (as that term is defined in section 2(12) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101(12))) or spent nuclear
H. R. 2539—154
fuel (as that term is defined in section 2(23) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10101(23))), shall be fined under
this title and imprisoned for any term or years not less than
30, or for life.’’; and
(5) by inserting ‘‘(c)’’ before ‘‘A judgment’’.
SEC. 403. VIOLATION OF GRADE-CROSSING LAWS AND REGULATIONS.
(a) FEDERAL REGULATIONS.—Section 31310 of title 49, United
States Code, is amended by adding at the end thereof the following:
‘‘(h) GRADE-CROSSING VIOLATIONS.—
‘‘(1) SANCTIONS.—The Secretary shall issue regulations
establishing sanctions and penalties relating to violations, by
persons operating commercial motor vehicles, of laws and regu-
lations pertaining to railroad-highway grade crossings.
‘‘(2) MINIMUM
REQUIREMENTS.—The regulations issued
under paragraph (1) shall, at a minimum, require that—
‘‘(A) the penalty for a single violation is not less than
a 60-day disqualification of the driver’s commercial driver’s
license; and
‘‘(B) any employer that knowingly allows, permits,
authorizes, or requires an employee to operate a commercial
motor vehicle in violation of such a law or regulation shall
be subject to a civil penalty of not more than $10,000.’’.
(b) DEADLINE.—The initial regulations required under section
31310(h) of title 49, United States Code, shall be issued not later
than 1 year after the date of the enactment of this Act.
(c) STATE REGULATIONS.—Section 31311(a) of title 49, United
States Code, is amended by adding at the end thereof the following:
‘‘(18) The State shall adopt and enforce regulations pre-
scribed by the Secretary under section 31310(h) of this title.’’.
SEC. 404. MISCELLANEOUS TITLE 23 AMENDMENTS.
Section 127 of title 23, United States Code, is amended by
adding at the end the following:
‘‘(g) OPERATION OF CERTAIN SPECIALIZED HAULING VEHICLES
ON CERTAIN PENNSYLVANIA HIGHWAYS.—If the segment of United
States Route 220 between Bedford and Bald Eagle, Pennsylvania,
is designated as part of the Interstate System, the single axle
weight, tandem axle weight, gross vehicle weight, and bridge for-
mula limits set forth in subsection (a) shall not apply to that
segment with respect to the operation of any vehicle which could
have legally operated on that segment before the date of the enact-
ment of this subsection.’’.
SEC. 405. TECHNICAL AMENDMENTS.
(a) NHS DESIGNATION ACT.—Effective November 28, 1995, the
National Highway System Designation Act of 1995 (Public Law
104–59) is amended—
(1) in section 312(b) (109 Stat. 584) by striking ‘‘of such
title’’ and inserting in lieu thereof ‘‘of title 23, United States
Code’’;
(2) in section 319(b)(3) (109 Stat. 589) by striking ‘‘at the
end’’ and inserting in lieu thereof ‘‘after paragraph (3)’’;
(3) in section 332(a)(1)(C)(iii) (109 Stat. 596) by inserting
closing quotation marks after ‘‘Mexico’’;
(4) in section 336(1) (109 Stat. 602)—
(A) by striking ‘‘for’’ each place it appears; and
H. R. 2539—155
(B) by inserting ‘‘for’’ after ‘‘million’’ each place it
appears; and
(5) by inserting closing quotation marks and a period after
the period at the end of section 337(c)(1)(B) (109 Stat. 603).
(b) TITLE 23.—Section 149(b) of title 23, United States Code,
is amended—
(1) by inserting ‘‘or’’ after the semicolon at the end of
paragraph (3); and
(2) by striking ‘‘; or’’ at the end of paragraph (4) and
inserting a period.
(c) ISTEA.—Section 1069(v) of the International Surface
Transportation Efficiency Act of 1991 (105 Stat. 2010) is amended
by striking the period at the end of the first sentence.
SEC. 406. FIBER DRUM PACKAGING.
(a) IN GENERAL.—In the administration of chapter 51 of title
49, United States Code, the Secretary of Transportation shall issue
a final rule within 60 days after the date of the enactment of
this Act authorizing the continued use of fiber drum packaging
with a removable head for the transportation of liquid hazardous
materials with respect to those liquid hazardous materials trans-
ported by such drums pursuant to regulations in effect on Septem-
ber 30, 1991, if—
(1) the packaging is in compliance with regulations of the
Secretary under the Hazardous Materials Transportation Act
as in effect on September 30, 1991; and
(2) the packaging will not be used for the transportation
of hazardous materials that include materials which are poison-
ous by inhalation or materials in Packing Groups I and II.
(b) EXPIRATION.—The regulation referred to in subsection (a)
shall expire on the later of September 30, 1997, or the date on
which funds are authorized to be appropriated to carry out chapter
51 of title 49, United States Code (relating to transportation of
hazardous materials), for fiscal years beginning after September
30, 1997.
(c) STUDY.—
(1) IN GENERAL.—Within 90 days after the date of the
enactment of this Act, the Secretary shall contract with the
National Academy of Sciences to conduct a study—
(A) to determine whether the requirements of section
5103(b) of title 49, United States Code (relating to regula-
tions for safe transportation), as they pertain to fiber drum
packaging with a removable head can be met for the
transportation of liquid hazardous materials (with respect
to those liquid hazardous materials transported by such
drums pursuant to regulations in effect on September 30,
1991) with standards (including fiber drum industry stand-
ards set forth in a June 8, 1992, exemption application
submitted to the Department of Transportation), other than
the performance-oriented packaging standards adopted
under docket number HM–181 contained in part 178 of
title 49, Code of Federal Regulations; and
(B) to determine whether a packaging standard (includ-
ing such fiber drum industry standards), other than such
performance-oriented packaging standards, will provide an
equal or greater level of safety for the transportation of
H. R. 2539—156
liquid hazardous materials than would be provided if such
performance-oriented packaging standards were in effect.
(2) COMPLETION.—The study shall be completed before
March 1, 1997 and shall be transmitted to the Committee
on Commerce, Science, and Transportation of the Senate and
the Transportation and Infrastructure Committee of the House
of Representatives.
(d) SECRETARIAL ACTION.—By September 30, 1997, the Sec-
retary shall issue final regulations to determine what standards
should apply to fiber drum packaging with a removable head for
transportation of liquid hazardous materials (with respect to those
liquid hazardous materials transported by such drums pursuant
to regulations in effect on September 30, 1991) after September
30, 1997. In issuing such regulations, the Secretary shall give
full and substantial consideration to the results of the study con-
ducted in subsection (c).
SEC. 407. NONCONTIGUOUS DOMESTIC TRADE STUDY.
Within 6 months after the effective date of this Act, the Sec-
retary of Transportation shall transmit to the Committee on Com-
merce, Science, and Transportation of the Senate and the Commit-
tee on Transportation and Infrastructure of the House of Represent-
atives a study that analyzes each of the noncontiguous domestic
trades, including analyzing—
(1) carrier competition in both regulated and unregulated
portions of those trades;
(2) rate structures in those trades;
(3) the impact of tariff filing on carrier pricing;
(4) the problems of parallel pricing and its impact on com-
petition in the domestic trades;
(5) the impact on domestic cargo pricing of foreign cargo
services;
(6) whether additional protections are needed to protect
shippers from the abuse of market power; and
(7) the extent to which statutory or regulatory changes
should be made to further the transportation policy of section
13101 of title 49, United States Code.
SEC. 408. FEDERAL HIGHWAY ADMINISTRATION RULEMAKING.
(a) ADVANCE NOTICE.—The Federal Highway Administration
shall issue an advance notice of proposed rulemaking dealing with
a variety of fatigue-related issues pertaining to commercial motor
vehicle motor vehicle safety (including 8 hours of continuous sleep
after 10 hours of driving, loading and unloading operations, auto-
mated and tamper-proof recording devices, rest and recovery cycles,
fatigue and stress in longer combination vehicles, fitness for duty,
and other appropriate regulatory and enforcement countermeasures
for reducing fatigue-related incidents and increasing driver alert-
ness) not later than March 1, 1996.
H. R. 2539—157
(b) RULEMAKING.—The Federal Highway Administration shall
issue a notice of proposed rulemaking dealing with such issues
within 1 year after issuance of the advance notice under subsection
(a) is published and shall issue a final rule dealing with those
issues within 2 years after the last day of such 1-year period.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.