National Transportation Safety Board Amendments of 1996
PL 104-291 (H.R.3159), enacted 10/11/1996

110 STAT. 3452 
PUBLIC LAW 104-291—OCT. 11, 1996 
Public Law 104-291 
104th Congress 
An Act 
Oct. 11, 1996 
[H.R. 3159] 
National 
Transportation 
Safety Board 
Amendments of 
1996. 
49 u s e 1101 
note. 
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, 
TITLE I—NTSB AMENDMENTS 
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 investiga-
tion 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 sub-
section 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 INFORMA-
TION.—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 
PUBLIC LAW 104-291—OCT. 11, 1996 
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 informa-
tion.". 
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, £ind 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.". 
TITLE II—EVTERMODAL 
TRANSPORTATION 
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 defini-
tions 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 (relat-
ing to prior notification) is amended— 
Intermodal Safe 
Container 
Transportation 
Amendments Act 
of 1996. 
49 use 5101 
note. 
110 STAT. 3454 
PUBLIC LAW 104-291—OCT. 11, 1996 
(1) by striking "Before a person tenders to a first carrier 
for intermodal transportation a" and inserting "If the first 
carrier to which an/'; 
(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 transpor-
tation 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 sub-
section applies to any person within the United States who 
tenders a container or trailer subject to this chapter for inter-
modal 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 con-
tainer 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 certifi-
cation 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 docu-
ment is used to meet the requirements of paragraph (1), it 
PUBLIC LAW 104-291—OCT. 11, 1996 
110 STAT. 3455 
shall be conspicuously marked 'INTERMODAL CERTIFI-
CATION'. 
"(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 "transpor-
tation 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 con-
tents 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 sub-
section (d) as subsection (e) and by inserting after subsection (c) 
the following: 
"(d) LIABILITY TO OWNER OR BENEFICIAL OWNER.—If— 
"(1) a person inaccurately trginsfers information on a certifi-
cation 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 informa-
tion 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 redesig-
nated, 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: 
110 STAT. 3456 
PUBLIC LAW 104-291—OCT. 11, 1996 
"(1) The notification and certification requirements of sub-
sections (a) and (b) of this section do not apply to any inter-
modal 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 £iny weight-related 
fine or penalty incurred by any other motor carrier that 
performs a part of the highway transportation.". 
SEC. 205. PROHIBrnONS. 
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 contedner 
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 ceirrier 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; £ind 
"(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 estab-
lish that it tendered to the operator the notice required by 
paragraph (1) of this subsection, then the operator shall be 
entitled to reimbursement fi*om the motor carrier in the amount 
PUBLIC LAW 104-291—OCT. 11, 1996 
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) £ind inserting the following: 
"(a) GENERAL.—If a person involved in the intermodal transpor-
tation 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 certifi-
cation 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) £in 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 certifi-
cation, 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: 
"§ 5907. Effective date 
"This chapter shall take effect 180 days after the date of enact-
ment 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.". 
110 STAT. 3458 
PUBLIC LAW 104-291—OCT. 11, 1996 
SEC. 209. RELATIONSHIP TO OTHER LAWS. 
(a) IN GENERAL.—Chapter 59 is amended by adding at the 
end thereof the following: 
*'§ 5908. Relationship to other laws 
"Nothing in this chapter affects— 
"(1) chapter 51 (relating to tremsportation 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): 
HOUSE REPORTS: No. 104-682 (Coram, on Transportation and Infrastructure). 
SENATE REPORTS: No. 104-324 accompanying S. 1831 (Comm. on Comm4rce, 
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.