Hazardous Materials Transportation Act Amendments of 1993
PL 103-311 (H.R.2178), enacted 08/26/1994

PUBLIC LAW 103-Hll—AUG. 26, 1994 
108 STAT. 1673 
Public Law 103-311 
103d Congress 
An Act 
To amend the Hazardous Materials Transportation Act to authorize appropriations 
for fiscal years 1994, 1995, 1996, and 1997, and for other piuposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
TITLE I—HAZARDOUS MATERIALS TRANSPORTATION 
ACT AMENDMENTS 
SEC. 101. SHORT TITLE. 
This title may be cited as the "Hazardous Materials Transpor-
tation Authorization Act of 1994". 
SEC. 102. 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 a repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of title 
49, United States Code. 
SEC. 103. AUTHORIZATION OF APPROPRIATIONS. 
Section 5127(a) (relating to authorization of appropriations) 
is amended by striking out "the fiscal year ending September 30, 
1993," and inserting "fiscal year 1993, $18,000,000 for fiscal year 
1994, $18,540,000 for fiscal year 1995, $19,100,000 for fiscal year 
1996, and $19,670,000 for fiscal year 1997". 
SEC. 104. EXEMPTIONS FROM REQUIREMENT TO FILE REGISTRATION 
STATEMENT. 
Section 5108(a) (relating to persons required to file) is amended 
by adding at the end the following new paragraph: 
"(4) The Secretary may waive the filing of a registration 
statement, or the payment of a fee, required under this sub-
section, or both, for any person not domiciled in the United 
States who solely offers hazardous materials for transportation 
to the United States from a place outside the United States 
if the country of which such person is a domiciliary does not 
require persons domiciled in the LTnited States who solely offer 
hazardous materials for transportation to the foreign country 
from places in the United States to file registration statements, 
or to pay fees, for making such an offer.". 
SEC. 105. PLANNING GRANTS FOR INDIAN TRIBES. 
(a) AUTHORITY To MAKE GRANTS.—Section 5116(a)(1) (relating 
to planning grants) is amended— 
Aug. 26, 1994 
[H.R. 2178] 
Hazardous 
Materials 
Transportation 
Authorization 
Act of 1994. 
49 u s e 5101 
note. 
108 STAT. 1674 
PUBLIC LAW 103-311—AUG. 26, 1994 
(1) by inserting "and Indian tribes" after "States" the first 
place it appears; and 
(2) by striking "in a State and between States" and insert-
ing "on lands under the jurisdiction of a State or Indian tribe, 
and between lands under the jurisdiction of a State or Indian 
tribe and lands of another State or Indian tribe". 
(b) MAINTENANCE OF EFFORT.—Section 5116(a)(2) (relating to 
planning grants) is amended— 
(1) by inserting "or Indian tribe" after "State" the first 
and third places it appears; 
(2) by striking "the State" the second place it appears; 
(3) by inserting "the State or Indian tribe" before "certifies"; 
and 
(4) by inserting "the State" before "agrees". 
(c) COORDINATION OF PLANNING.—Section 5116(a) (relating to 
planning grants in general) is amended by adding at the end 
the following new paragraph: 
"(3) A State or Indian tribe receiving a grant under this 
subsection shall ensure that planning under the grant is coordi-
nated with emergency planning conducted by adjacent States 
and Indian tribes.". 
SEC. 106. TRAINING CRITERIA FOR SAFE HANDLING AND TRANSPOR-
TATION. 
Section 5107(d) (relating to coordination of training require-
ments) is amended— 
(1) by inserting "or duplicate" after "conflict with"; and 
(2) by striking "hazardous waste operations and" and 
inserting "hazard communication, and hazardous waste oper-
ations, and". 
SEC. 107. DISCLOSURE OF FEES LEVIED BY STATES, POLITICAL SUB-
DIVISIONS, AND INDIAN TRIBES. 
Section 5125(g) (relating to fees) is amended— 
(1) by inserting "(1)" after "(g) FEES.—"; and 
(2) by adding at the end the following: 
Reports. 
"(2) A State or political subdivision thereof or Indian tribe 
that levies a fee in connection with the transportation of hazard-
ous materials shall, upon the Secretarj^s request, report to 
the Secretary on— 
"(A) the basis on which the fee is levied upon persons 
involved in such trsmsportation; 
"(B) the purposes for which the revenues from the 
fee are used; 
"(C) the annual total amount of the revenues collected 
from the fee; and 
"(D) such other matters as the Secretary requests.". 
SEC. 108. ANNUAL REPORT. 
Section 5121(e) (relating to annual report) is amended— 
(1) by striking "Annual" in the subsection heading, and 
(2) by striking the first sentence and inserting the follow-
ing: "The Secretary shall, once every 2 years, prepare and 
submit to the President for transmittal to the Congress a com-
prehensive report on the transportation of hazardous materials 
during the preceding 2 calendar years.". 
PUBLIC LAW 103-311—AUG. 26, 1994 
108 STAT. 1675 
SEC. 109. INTELLIGENT VEHICLE-fflGHWAY SYSTEMS. 
(a) IN GENERAL.—In implementing the Intelligent Vehicle-High-
way Systems Act of 1991 (23 U.S.C. 307 note), the Secretary of 
Transportation shall ensure that the National Intelligent Vehicle-
Highway Systems Program addresses, in a comprehensive and 
coordinated manner, the use of intelligent vehicle-highway system 
technologies to promote hazardous materials transportation safety. 
The Secretary of Transportation shall ensure that 2 or more oper-
ational tests funded under such Act shall promote such safety 
and advance technology for providing information to persons who 
provide emergency response to hazardous materials transportation 
incidents. 
(b) GRANTS FOR CERTAIN EMERGENCY RESPONSE INFORMATION 
TECHNOLOGIES.— 
(1) In carrying out one of the operational tests under sub-
section (a), the Secretary of Transportation may make grants 
to one or more persons, including a State or local government 
or department, agency, or instrumentality thereof, to dem-
onstrate the feasibility of establishing and operating computer-
ized telecommunications emergency response information tech-
nologies that are used— 
(A) to identify the contents of shipments of hazardous 
materials transported by motor carriers; 
(B) to permit retrieval of data on shipments of hazard-
ous materigds transported by motor carriers; 
(C) to link systems that identify, store, and allow the 
retrieval of data for emergency response to incidents and 
accidents involving transportation of hazardous materials 
by motor carrier; and 
(D) to provide information to facilitate responses to 
accidents and incidents involving hazardous materials ship-
ments by motor carriers either directly or through linkage 
with other systems. 
(2) Any project carried out with a grant under this sub-
section must involve two or more motor carriers of property. 
One of the motor carriers selected to participate in the project 
must be a carrier that transports mostly hazardous materials. 
The other motor carrier selected must be a regular-route com-
mon carrier that specializes in transporting less-than-truckload 
shipments. The motor carriers selected may be engaged in 
multimodal movements of hazardous materials with other 
motor carriers, rail carriers, or water carriers. 
(3) To the maximum extent practicable, the Secretary of 
Transportation shall coordinate a project under this subsection 
with any existing Federal, State, and local government projects 
and private projects which are similar to the project under 
this subsection. The Secretary may require that a project under 
this subsection be carried out in conjunction with such similar 
Federal, State, and local government projects and private 
projects. 
SEC. 110. RAIL TANK CAR SAFETY. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary of Transportation shall issue final regulations 
under the following: 
Safety. 
Science and 
technology. 
23 u s e 307 note. 
Regulations. 
108 STAT. 1676 
PUBLIC LAW 103-311—AUG. 26, 1994 
49 use 5103 
note. 
Regulations. 
Regulations. 
Effective date. 
(1) The rulemaking proceeding under Docket HM-175A 
entitled "Crashworthiness Protection Requirements for Tank 
Cars". 
(2) The rulemaking proceeding under Docket HM-201 enti-
tled "Detection and Repair of Cracks, Pits, Corrosion, Lining 
Flaws, Thermal Protection Flaws and Other Defects of Tank 
Car Tanks". 
SEC. 111. SAFE PLACEMENT OF TRAIN CARS. 
The Secretary of Transportation shall conduct a study of exist-
ing practices regarding the placement of cars on trains, with particu-
lar attention to the placement of cars that carry hazardous mate-
rials. In conducting the study, the Secretary shall consider whether 
such placement practices increase the risk of derailment, hazardous 
materials spills, or tank ruptures or have any other adverse effect 
on safety. The results of the study shall be submitted to Congress 
within 1 year after the date of enactment of this Act. 
SEC. 112. GRADE CROSSING SAFETY. 
The Secretary of Transportation shall, within 6 months after 
the date of enactment of this Act, amend regulations— 
(1) under chapter 51 of title 49, United States Code (relat-
ing to transportation of hazardous materials), to prohibit the 
driver of a motor vehicle transporting hazardous materials 
in commerce, and 
(2) under chapter 315 of such title (relating to motor carrier 
safety) to prohibit the driver of any commercial motor vehicle, 
from driving the motor vehicle onto a highway-rail grade crossing 
without having sufficient space to drive completely through the 
crossing without stopping. 
SEC. 
1
1
3
. 
DRIVER'S 
RECORD 
OF 
DUTY 
STATUS. 
(a) IN GENERAL.— 
(1) The Secretary of Transportation shall prescribe regula-
tions amending part 395 of title 49, Code of Federal Regula-
tions, to improve— 
(A) compliance by commercial motor vehicle drivers 
and motor carriers with hours of service requirements; 
and 
(B) the effectiveness and efficiency of Federal and State 
enforcement officers reviewing such compliance. 
(2) Such regulations shall be proposed not later than 12 
months after the date of enactment of this Act and shall be 
issued and become effective not later than 18 months after 
such date of enactment. In prescribing the regulations, the 
Secretary of Transportation shall ensure that compliance can 
be achieved at a cost that is reasonable to drivers and motor 
carriers. 
(b) CONTENTS OF REGULATIONS.—Such regulations shall include 
the following: 
(1) A description of identification items (which include 
either driver name or vehicle number) that shall be part of 
a written or electronic document to enable such written or 
electronic document to be used by a motor carrier or by an 
enforcement officer as a supporting document to verify the 
accuracy of a driver's record of duty status. 
(2) A provision specifying the number, type, and frequency 
of supporting documents that must be retained by a motor 
PUBLIC LAW 103-311—AUG. 26, 1994 
108 STAT. 1677 
carrier so as to allow verification of the accuracy of such docu-
ments at a reasonable cost, to the driver and the motor carrier, 
of record acquisition and retention. 
(3) A provision specifying the period during which support-
ing documents shall be retained by the motor carrier. The 
period shall be at least 6 months from the date of a document's 
receipt. 
(4) A provision to authorize, on a case-by-case basis, motor 
carrier self-compliance systems that ensure driver compliance 
with hours of service requirements and allow Federal and State 
enforcement officers the opportunity to conduct independent 
audits of such systems to validate compliance with section 
395.8(k) of title 49, Code of Federal Regulations (or successor 
regulations thereto). Such authorization may also be provided 
•
^ 
by the Secretary to a group of motor carriers that meet specific 
conditions that may be established by regulation by the Sec-
retary and that are subject to audit by Federal and State 
enforcement officers. 
(5) A provision to allow a waiver, on a case-by-case basis, 
of certain requirements of section 395.8(k) of title 49, Code 
of Federal Regulations (or successor regulations thereto), when 
sufficient supporting documentation is provided directly and 
at a satisfactory frequency to enforcement personnel by an 
intelligent vehicle-highway system, as defined by section 6059 
of the Intelligent Vehicle-Highway Systems Act of 1991 (23 
U.S.C. 307 note). Such waiver may also be allowed for a group 
of motor carriers that meet specific conditions that may be 
established by regulation by the Secretary. 
(c) SUPPORTING DOCUMENT DEFINED.—For purposes of this sec-
tion, a supporting document is any document that is generated 
or received by a motor carrier or commercial motor vehicle driver 
in the normsd course of business that could be used, as produced 
or with additional identifying information, to verify the accuracy 
of a driver's record of duty status. 
SEC. 114. SAFETY PERFORMANCE HISTORY OF NEW DRIVERS. 
(a) AMENDMENT OF REGULATIONS.—Within 18 months after 
the date of enactment of this Act, the Secretary of Transportation 
shall amend section 391.23 of title 49, Code of Federal Regulations 
(or successor regulations thereto), to— 
(1) specify the safety information that must be sought 
under that section by a motor carrier with respect to a driver; 
(2) require that such information be requested from former 
employers and that former employers furnish the requested 
information within 30 days after receiving the request; and 
(3) ensure that the driver to whom such information applies 
has a reasonable opportunity to review and comment on the 
information, 
(b) SAFETY INFORMATION.—^The safety information required to 
be specified under subsection (a)(1) shall include information on— 
(1) any motor vehicle accidents in which the driver was 
involved during the preceding 3 years; 
(2) any failure of the driver, during the preceding 3 years, 
to undertake or complete a rehabilitation program under section 
31302 of title 49, United States Code (relating to limita-
tion on the number of driver's licenses), after being found to 
79-194 O—95—31: QL 3 Part 2 
108 STAT. 1678 
PUBLIC LAW 103-311—AUG. 26, 1994 
have used, in violation of law or Federal regulation, alcohol 
or a controlled substance; 
(3) any use by the driver, during the preceding 3 years, 
in violation of law or Federal regulation, of alcohol or a con-
trolled substance subsequent to completing such a rehabilita-
tion program; and 
(4) any other matters determined by the Secretary of 
Transportation to be appropriate and useful for determining 
the driver's safety performance. 
(c) FORMER EMPLOYER.—^For purposes of this section, a former 
employer is any person who employed the driver in the preceding 
3 years. 
SEC. 116. RETENTION OF SHIPPING PAPERS. 
Section 5110 (relating to shipping papers and disclosure) is 
amended by adding at the end the following new subsection: 
"(e) RETENTION OF PAPERS.—After the hazardous material to 
which a shipping paper provided to a carrier under subsection 
(a) applies is no longer in transportation, the person who provided 
the shipping paper and the carrier required to maintain it under 
subsection (a) shall retain the paper or electronic image thereof 
for a period of 1 year to be accessible through their respective 
principal places of business. Such person and carrier shall, upon 
request, make the shipping paper available to a Federal, State, 
or local government agency at reasonable times and locations.". 
49 use 5121 
SEC. 116. TOLL FREE NUMBER FOR REPORTING. 
The Secretary of Transportation shall designate a toll free 
telephone number for transporters of hazardous materisds and other 
individuals to report to the Secretary possible violations of chapter 
51 of title 49, United States Code, or any order or regulation 
issued under that chapter. 
SEC. 117. TECHNICAL CORRECTIONS. 
(a) AMENDMENTS RELATING TO PACKAGING.— 
(1) Sections 5102(3)(CXii) and 5102(4XA)(iii) are each 
amended by striking "packages" and inserting "packagings". 
(2) Sections 5103(bXl)(A)(iii), 5121(cXl)(A), 5125(bXlXE), 
and 5126(a) are each amended by striking "a package or" and 
inserting "a packaging or a". 
(3) Section 5108(aX IXD) is amended— 
(A) by striking "a bulk package" and inserting in lieu 
thereof "a bulk packaging"; and 
(B) by striking "the package" and inserting "the bulk 
packaging". 
(b) OTHER.—Section 5104(a)(1) is amended by striking "or pack-
age" each place it appears and inserting ", package, or packaging 
(or a component of a container, package, or packaging)". 
SEC. l i a HOURS OF SERVICE RULEMAKING FOR FARMERS AND 
RETAIL FARM SUPPLIERS. 
Not later than 3 months after the date of enactment of this 
Act the Secretary of Trsinsportation shall initiate a rulemaking 
proceeding to determine whether or not the requirements of section 
395.3 of title 49, Code of Federal Regulations, relating to hours 
of service, may be waived for farmers and retail farm suppliers 
when such farmers and retail farm suppliers are transporting crops 
PUBLIC LAW 103-311—AUG. 26, 1994 
108 STAT. 1679 
or farm supplies for agricultural purposes within a 50-mile radius 
of their distribution point or farm. 
SEC. 119. TRAINING. 
(a) SUPPLEMENTAL PUBLIC SECTOR TRAINING GRANTS.—Section 
5116 (relating to planning and training grants, monitoring, and 
review) is amended by adding at the end the following new sub-
sections: 
"(j) SUPPLEMENTAL TRAINING GRANTS.— 
"(1) In order to further the purposes of subsection (b), 
the Secretary shall, subject to the availability of funds, make 
grants to national nonprofit employee organizations engaged 
solely in fighting fires for the purpose of training instructors 
to conduct hazardous materials response training programs 
for individuals with statutory responsibility to respond to 
hazardous materials accidents and incidents. 
"(2) For the purposes of this subsection the Secretary, 
after consultation with interested organizations, shsJl— 
"(A) identify regions or locations in which fire depart-
ments or other organizations which provide emergency 
response to hazardous materials transportation accidents 
and incidents are in need of hazardous materials training; 
and 
"(B) prioritize such needs and develop a means for 
identifying additional specific training needs. 
"(3) Funds granted to an organization under this subsection 
shall only be used— 
"(A) to train instructors to conduct hazardous materials 
response training programs; 
"(B) to purchase training equipment used exclusively 
to train instructors to conduct such training programs; 
and 
"(C) to disseminate such information and materials 
as are necessary for the conduct of such training programs. 
"(4) The Secretary may only make a grant to an organiza-
tion under this subsection in a fiscal year if the orgsmization 
enters into an agreement with the Secretary to train instructors 
to conduct hazardous materials response training programs 
in such fiscal year that will use— 
"(A) a course or courses developed or identified under 
subsection (g); or 
"(B) other courses which the Secretary determines are 
consistent with the objectives of this subsection; 
for training individuals with statutory responsibility to respond 
to accidents and incidents involving hazardous materials. Such 
agreement also shall provide that training courses shall be 
open to all such individuals on a nondiscriminatory basis. 
"(5) The Secretary may impose such additionsd terms and 
conditions on grants to be made under this subsection as the 
Secretary determines are necessary to protect the interests 
of the United States and to carry out the objectives of this 
subsection. 
"(k) REPORTS.—Not later than September 30, 1997, the Sec-
retary shedl submit to Congress a report on the allocation and 
uses of training grants authorized under subsection (b) for fiscal 
year 1993 throu^ fiscal year 1996 and grants authorized under 
subsection (j) and section 5107 for fiscal years 1995 and 1996. 
108 STAT. 1680 
PUBLIC LAW 103-311—AUG. 26, 1994 
Such report shall identify the ultimate recipients of training grants 
and include a detailed accounting of all grant expenditures by 
grant recipients, the number of persons trained under the grant 
programs, and an evaluation of the efficacy of training programs 
carried out.". 
(b) FUNDING.—Section 5127(b) (relating to appropriations for 
hazmat employee training) is amended— 
(1) by inserting "(1)" after "TRAINING.—", and 
(2) by adding at the end the following: 
"(2)(A) There shall be available to the Secretary for carrying 
out section 5116(j), from amounts in the account established 
pursuant to section 5116(i), $250,000 for each of fiscal years 
1995,1996,1997, and 1998. 
"(B) In addition to amounts made available under subpara-
graph (A), there is authorized to be appropriated to the Sec-
retary for carrying out section 5116(j) $1,()00,000 for each of 
the fiscal years 1995,1996,1997, and 1998.". 
(c) HAZMAT EMPLOYEE TRAINING PROGRAM.— 
(1) The first sentence of section 5107(e) (relating to hazmat 
employee training requirements and grants) is amended to 
read as follows: "The Secretary shall, subject to the availability 
of funds under section 5127(c)(3), make grants for training 
instructors to train hazmat employees under this section.". 
(2) The second sentence of such section is amended by 
inserting "hazmat employee" after "nonprofit". 
(3) Section 5107 (relating to hazmat employee training 
requirements and grants) is amended by adding at the end 
thereof the following new subsection: 
"(g) EXISTING EFFORT.—NO grant under subsection (e) shall 
supplant or replace existing employer-provided hazardous materials 
training efforts or obligations.". 
(4) Section 5127(b)(1) (relating to hazmat employee training 
funding) is amended to read as follows: 
"(b) TRAINING OF HAZMAT EMPLOYEE INSTRUCTORS.—<1) There 
is authorized to be appropriated to the Secretary $3,000,000 for 
each of fiscal years 1995, 1996, 1997, and 1998 to carry out 
section 5107(e).". 
(d) CONFORMING AMENDMENTS.— 
(1) Section 5108(gX2XA)(viii) is amended by striking 
"5107(e),". 
(2) Section 5116(i)(l) is amended by striking "and section 
5107(e)". 
(3) Section 5116(i)(3) is amended by striking "and section 
5107(e)". 
SEC. 120. TIME FOR SECRETARIAL ACTION. 
(a) EXEMPTIONS.—Section 5117 (relating to exemptions and 
exclusions) is amended— 
(1) by redesignating subsections (c) and (d) as (d) and 
(e) respectively, and 
(2) by inserting after subsection (b) the following: 
Federal 
"(c) APPLICATIONS TO B E DEALT WiTH PROMPTLY.—The Sec-
R^ter, 
retary shall issue or renew the exemption for which an application 
pub ication. 
^^^ ^ j ^ ^ ^^ deny such issuance or renewal within 180 days after 
the first day of the month following the date of the filing of such 
application, or the Secretary shall publish a statement in the Fed-
eral Register of the reason why the Secretary's decision on the 
PUBLIC LAW 103-311—AUG. 26, 1994 
108 STAT. 1681 
exemption is delayed, along with an estimate of the additional 
time necessary before the decision is made.". 
(b) DECISIONS ON PREEMPTION.—Section 5125(d) (relating to Federal 
decisions on preemption) is amended by inserting immediately after 
5^^^[-o„ 
the second sentence the following: "The Secretary shall issue a 
decision on an application for a determination within 180 days 
after the date of the publication of the notice of having received 
such application, or the Secretary shall publish a statement in 
the Federal Register of the reason why the Secretary's decision 
on the application is delayed, along with an estimate of the addi-
tional time necessary before the decision is made.". 
SEC. 121. STUDY OF HAZARDOUS MATERIALS TRANSPORTATION BY 
49 USC 5112 
MOTOR CARRIERS NEAR FEDERAL PRISONS. 
note. 
(a) STUDY.—^The Secretary of Transportation shall conduct a 
study to determine the safety considerations of transporting hazard-
ous materials by motor carriers in close proximity to Federal pris-
ons, particularly those housing maximum security prisoners. Such 
study shall include an evaluation of the ability of such facilities 
and the designated local planning agencies to safely evacuate such 
prisoners in the event of an emergency and any special training, 
equipment, or personnel that would be required by such facility 
and the designated local emergency planning agencies to carry 
out such evacuation. Such study shall not apply to or address 
issues concerning rail transportation of hazardous materials. 
(b) REPORT.—^Not later than 1 year after the date of the enact-
ment of this Act, the Secretary of Transportation shall transmit 
to Congress a report on the results of the study conducted under 
this section, along with the Secretarjr's recommendations for any 
legislative or regulatory changes to enhance the safety regarding 
the transportation of hazardous materials by motor carriers near 
Federal prisons. 
SEC. 122. USE OF FIBER DRUM PACKAGING. 
(a) INITIATION OF RULEMAKING PROCEEDING.—^Not later than 
the 60th day following the date of enactment of this Act, the 
Secretary of Transportation shall initiate a rulemaking proceeding 
to determine whether the requirements of section 5103(b) of title 
49, United States Code (relating to regulations for safe transpor-
tation), as they pertain to open head fiber drum packaging can 
be met for the domestic transportation of liquid hazardous materials 
(with respect to those classifications of liquid hazardous materials 
transported by such drums pursuant to regulations in effect on 
September 30, 1991) with standards other than the performance-
oriented packaging standards adopted under docket number HM-
181 contained in part 178 of title 49, Code of Federal Regulations. 
(b) ISSUANCE OF STANDARDS.—If the Secretary of Transpor-
tation determines, as a result of the rulemaking proceeding initiated 
under subsection (a), that a packaging standard other than the 
performance-oriented packaging standards referred to in subsection 
(a) will provide an equal or greater level of safety for the domestic 
transportation of liquid hazardous materials than would be provided 
if such performance-oriented packaging standards were in effect, 
the Secretary shall issue regulations which implement such other 
standard and which take effect before October 1,1996. 
(c) COMPLETION OF RULEMAKING 
PROCEEDING.—^The rule-
making proceeding initiated under subsection (a) shall be completed 
before October 1,1995. 
49 USC 5103 
note. 
Regulations. 
108 STAT. 1682 
PUBLIC LAW 103-311—AUG. 26, 1994 
(d) LIMITATIONS.— 
(1) The provisions of subsections (a), (b), and (c) shall 
not apply to packaging for those hazardous materials regulated 
by the Department of Transportation as poisonous by inhalation 
under chapter 51 of title 49, United States Code. 
(2) Nothing in this section shall be construed to prohibit 
the Secretary of Transportation from issuing or enforcing 
regulations for the international transportation of hazardous 
materials. 
49 use 5101 
SEC. 123. BUY AMERICA. 
(a) COMPLIANCE WITH BUY AMERICAN ACT.—None of the funds 
made available under this title may be expended in violation of 
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-
10c; popularly known as the "Buy American Act"), which are 
applicable to those funds. 
(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.— 
(1) In the case of any equipment or products that may 
be authorized to be purchased with financial assistance pro-
vided under this title, it is the sense of Congress that entities 
^ 
receiving such assistance should, in expending such assistance, 
purchase only American-made equipment and products. 
(2) In providing financial assistance under this title, the 
Secretary of Transportation shall provide to each recipient of 
the assistance a notice describing the statement made in para-
graph (1) by Congress. 
(c) PROHIBITION OF CONTRACTS.—If it has been finally deter-
mined by a court or Federal agency that any person intentionally 
af^ed a label bearing a "Made in America" inscription, or any 
> inscription with the same meaning, to any product sold in or shipped 
' to the United States that is not made in the United States, such 
person shall be ineligible to receive any contract or subcontract 
made with funds provided pursuant to this title, pursuant to the 
debarment, suspension, and ineligibility procedures described in 
sections 9.400 through 9.409 of title 48, Code of Federal Regulations. 
(d) RECIPROCITY.— 
(1) Except as provided in paragraph (2), no contract or 
subcontract may be made with funds authorized under this 
title to a company organized under the laws of a foreign country 
, unless the Secretary of Transportation finds that such country 
affords comparable opportunities to companies organized under 
. laws of the United States. 
(2XA) The Secretary of Transportation may waive the provi-
sions of paragraph (1) if the products or services required 
are not reasonably available from companies organized under 
Reports. 
the laws of the United States. Any such waiver shall be reported 
to Congress. 
(B) Paragraph (1) shall not apply to the extent that to 
do so would violate the General Agreement on Tariffs and 
Trade or any other international agreement to which the United 
States is a party. 
PUBLIC LAW 103-311—AUG. 26, 1994 
108 STAT. 1683 
TITLE 
II—TRUCKING 
INDUSTRY 
REGULATORY 
REFORM 
SEC. 201. SHORT TITLE. 
This title may by cited as the "Trucking Industry Regulatory 
Reform Act of 1994". 
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, United States Code. 
SEC. 203. PURPOSE. 
The purpose of this title is to enhance competition, safety, 
and efficiency in the motor carrier industry and to enhance effi-
ciency in government. 
SEC. 204. TRANSPORTATION POLICY. 
Section 
10101(a)(2) (relating to transportation 
policy) is 
amended— 
(1) by redesignating subparagraphs (A) through (I) as sub-
paragraphs (C) through (K), respectively, and 
(2) by inserting before subparagraph (C) (as so redesig-
nated) the following: "(A) encourage fair competition, and 
reasonable rates for transportation by motor carriers of prop-
erty; (B) promote Federal regulatory efficiency in the motor 
carrier transportation system and to require fair and expedi-
tious regulatory decisions when regulation is required;". 
SEC. 205. EXEMPTIONS. 
(a) IN GENERAL.—Section 10505 (relating to authority to exempt 
rail carrier transportation) is amended— 
(1) by inserting ", or a motor carrier providing trans-
portation of property other than household goods, or in non-
contiguous domestic trade," after 
"rail carrier 
providing 
transportation" in subsection (a), 
(2) by inserting "section 10101 or" before "section 10101a" 
in subsection (a)(1) and subsection (d), 
(3) by inserting ", or a motor carrier providing transpor-
tation of property other than household goods, or in non-contig-
uous domestic trade," after "rail carrier" in subsection (f), and 
(4) by striking out "or" in subsection (g), and inserting 
after "subtitle" the following: ", (3) to relieve a motor carrier 
of property or other person from the application or enforcement 
of the provisions of sections 10706, 10761, 10762, 10927, and 
11707 of this title, or (4) to exempt a motor carrier of property 
from the application of, and compliance with, any law, rule, 
regulation, standard, or order pertaining to cargo loss and 
damage; insurance; antitrust immunity for joint line rates and 
routes, classification of commodities (including uniform packag-
ing rules), uniform bills of lading, or standardized mileage 
guides; or safety fitness.". 
(b) DEFINITION.—Section 10102 (relating to definitions) is 
amended by redesignating paragraphs (18) through (31) as (19) 
Trucking 
Industry 
Regulatory 
Reform Act of 
1994. 
49 u s e 10101 
note. 
49 use 10101 
note. 
108 STAT. 1684 
PUBLIC LAW 103-311—AUG. 26, 1994 
through (32), respectively, and by inserting after paragraph (17) 
the following: 
"(18) 'non-contiguous domestic trade' means motor-water 
transportation subject to the jurisdiction of the Commission 
under chapter 105 of this title involving traffic originating 
. in or destined to Alaska, Hawaii, or a territory or possession 
of the United States.", 
(c) CLERICAL AMENDMENTS.— 
(1) The caption of section 10505 is amended by inserting 
"and motor carrier" after "rail carrier". 
(2) The chapter analysis for chapter 105 is amended by 
inserting "and motor carrier" after "rail carrier" in the item 
relating to section 10505. 
SEC. 206. TARIFF FILING. 
(a) AUTHORITY TO ESTABLISH RATES.—Section 10702(b) (relat-
ing to authority for carriers to establish rates, classifications, rules, 
and practices) is amended by inserting ", except a motor contract 
carrier of property," after "A contract carrier". 
(b) PROHIBITION OF TRANSPORTATION WITHOUT TARIFF.—Section 
10761(a) (relating to transportation prohibited without tariff) is 
amended— 
(1) by inserting "(excluding a motor common carrier provid-
ing transportation of property, other than household goods, 
under an individually determined rate, classification, rule, or 
practice, as defined in section 10102(13) or in noncontiguous 
domestic trade)" after "chapter 105 of this title", 2ind 
(2) by striking out "That carrier" in the second sentence 
and inserting "A carrier subject to this subsection", 
(3) by inserting before the period at the end of the first 
sentence the following: ", except that a motor carrier of property 
the application of whose rates is determined or governed by 
a tariff on file with the Commission cannot collect its rates 
unless the carrier is a participant in those tariffs", and 
(4) by inserting before the period at the end of the second 
sentence the following: ", except that a motor carrier of property 
the application of whose rates are determined or governed 
by a tariff on file with the Commission shall issue a power 
of attorney to the tariff publishing agent of such tariff and, 
upon its acceptance, the agent shall issue a notice to the partici-
pating carrier certifying its continuing participation in such 
tariff, which certification shall be kept open for public inspec-
tion". 
(c) GENERAL TARIFF REQUIREMENT.—Section 10762(a) (relating 
to general tariff requirement) is amended— 
(1) by inserting "(excluding a motor common carrier provid-
ing transportation of property, other than household goods, 
under an individually determined rate, classification, rule, or 
practice, as defined in section 10102(13), or in noncontiguous 
domestic trade)" after "A motor common carrier" in the second 
sentence of paragraph (1), 
(2) by inserting "(excluding a motor common carrier provid-
ing transportation of property, other than household goods, 
under an individually determined rate, classification, rule, or 
practice, as defined in section 10102(13), or in noncontiguous 
. domestic trade)" after "carriers" in the third sentence of para-
graph (1), 
PUBLIC LAW 103-311—AUG. 26, 1994 
108 STAT. 1685 
*r 
(3) by striking the last sentence of paragraph (1) and 
inserting the following: "A motor contract carrier of property 
is not required to publish or file actual or minimum rates 
under this subtitle. Except as provided in the Negotiated Rates 
Act of 1993 and the amendments made by that Act, nothing 
in the Trucking Industry Regulatory Reform Act of 1994 (and 
the amendments made by that Act) creates any obligation for 
a shipper based solely on a rate that was on file with the 
Commission or elsewhere on the date of enactment of such 
Act.", and 
(4) by adding at the end the following: 
"(3) A motor common carrier of property (other than a 
motor common carrier providing transportation of household 
goods or in noncontiguous domestic trade) shall provide to 
the shipper, on request of the shipper, a written or electronic 
copy of the rate, classification, rules, and practices, upon which 
any rate agreed to between the shipper and carrier may have 
been based. When the applicability or reasonableness of the 
rates and related provisions billed by a motor common carrier 
is challenged by the person paying the freight charges, the 
Commission shall determine whether such rates and provisions 
are reasonable or applicable based on the record before it. 
In those cases where a motor common carrier (other than 
a motor common carrier providing transportation of household 
goods or in noncontiguous domestic trade) seeks to collect 
charges in addition to those billed and collected which are 
contested by the payor, the carrier may request that the 
Commission determine whether any additional charges over 
those billed and collected must be paid. A carrier must issue 
any bill for charges in addition to those originally billed within 
180 days of the original bill in order to have the right to 
collect such charges. 
"(4) If a shipper seeks to contest the charges originally 
*" billed, the shipper may request that the Commission determine 
whether the charges originally billed must be paid. A shipper 
must contest the original bill within 180 days in order to 
have the right to contest such charges. 
"(5) Any tariff on file with the Commission on the date 
Termination 
of enactment of the Trucking Industry Regulatory Reform Act **^^-
of 1994 not required to be filed with the Commission after 
the enactment of that Act is null and void beginning on that 
date.". 
(d) PROPOSED RATE CHANGES.— 
(1) COMMON CARRIERS.—Section 10762(c)(1) (relating to 
proposed rate changes) is amended by inserting "(excluding 
a motor common carrier providing transportation of property 
other than household goods, under an individually determined 
rate, classification, 
rule, or practice defined 
in 
section 
10102(13), or in a noncontiguous domestic trade)" after "com-
mon carrier". 
(2) CONTRACT CARRIERS.—Section 10762(c)(2) (relating to 
proposed rate changes) is amended by inserting "(except a 
motor contract carrier of property)" after "contract carrier". 
(e) EFFECT ON NEGOTIATED RATES ACT.—Section 10762 (relat-
ing to general tariff requirements) is amended by adding at the 
end thereof the following new subsection: 
108 STAT. 1686 
PUBLIC LAW 103-311—AUG. 26, 1994 
"(j) Nothing in this section shall affect the application of the 
provisions of the Negotiated Rates Act of 1993 (or the amendments 
made by that Act) to undercharge claims for transportation provided 
prior to the date of enactment of the Trucking Industry Regulatory 
Reform Act of 1994.". 
(f) DEFINITION.—Section 10102 (relating to definitions) is 
amended— 
(1) by redesignating paragraphs (13) through (32) as (14) 
through (33), and 
(2) by inserting after paragraph (12) the following: 
"(13) 'individually determined rate, classification, rule, or 
f
>ractice' mesms a rate, classification, rule, or practice estab-
ished by— 
"(A) a single motor common carrier for application 
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 agree-
ment approved under section 10706(b) for application to 
transportation that the interlining carriers can provide 
jointly over their lines.". 
SEC. 207. MOTOR COMMON CARRIER UCENSING. 
(a) IN GENERAL.—Section 10922 (relating to certification of 
motor and water carriers) is amended— 
(1) bv redesignating subsections (b) through (1) as (c) 
through (m), respectively, and by inserting after subsection 
(a) the following new subsection: 
"(b)(1) Except as provided in this section, the Commission shall 
issue a certificate to a person authorizing that person to provide 
transportation subject to the jurisdiction of the Commission under 
subchapter II of chapter 105 of this title as a motor common 
carrier of property if the Commission finds that the person is 
able to comply with— 
"(A) this subtitle, the regulations of the Commission, and 
any safety requirements imposed by the Commission, 
"(B) the safety fitness requirements established by the 
Secretary of Transportation in consultation with the Commis-
sion under section 31144 of this title, and 
"(C) the minimum financial responsibility requirements 
established by the Commission pursuant to section 10927 of 
i 
this title. 
"(2) In making a finding under paragraph (1), the Commission 
shall consider and, to the extent applicable, make findings on, 
any evidence demonstrating that the applicant is unable to comply 
with the requirements of subparagraph (A), (B), or (C) of that 
paragraph. 
(3) The Commission shall find any applicant for authority 
to operate as a motor carrier under this section to be unfit If 
the applicant does not meet the safety and ssifety fitness require-
ments under paragraph (IXA) or (IXB) of this subsection and shall 
deny the application. 
"(4) A person may protest an application under this subsection 
to provide transportation only on the ground that the applicant 
fails or will fail to comply with this subtitle, the regulations of 
the Commission, the safety requirements of the Commission, or 
the safety fitness or minimum financial responsibility requirements 
of paragraph (1) of this subsection.". 
PUBLIC LAW 103-311—AUG. 26, 1994 
108 STAT. 1687 
(b) PUBLIC CONVENIENCE AND NECESSITY.—Section 10922(c) 
(relating to public convenience and necessity) as redesignated by 
subsection (a), is amended— 
(1) by striking "carrier of property" in paragraph (1) and 
inserting "carrier of household goods", 
(2) by striking paragraphs (4) and (6) and redesignating 
paragraphs (5), (7), (8), and (9) as (4), (5), (6), and (7), respec-
tively, 
(3) by striking "carrier holding authority under paragraph 
(4)(D) of this subsection" in paragraph (4) (as redesignated) 
and inserting "motor carrier providing transportation of ship-
ments weighing 100 pounds or less transported in a motor 
vehicle in which no one package exceeds 100 pounds", 
(4) by striking "of property" in paragraph (5) (as redesig-
nated) and inserting "of household goods", 
(5) by striking "of property in paragraph (6) (£is redesig-
nated) and inserting "of household goods", and 
(6) by striking "Notwithstanding the provisions of para-
graph (4) of this subsection, the provisions" in paragraph (7) 
(as redesignated) and inserting "The provisions". 
(c) CERTIFICATE SPECIFICATIONS.—Section 10922(f)(1) (relating 
to specifications for certificate), as redesignated by subsection (a) 
of this section, is amended by inserting "of household goods or 
passengers" after "motor common carrier". 
(d) PUBLIC CONVENIENCE AND NECESSITY.—Section 10922(h)(1) 
(relating to public convenience and necessity), as redesignated by 
subsection (a) of this section, is amended by inserting "of household 
goods or passengers" after "motor common carrier". 
SEC. 208. MOTOR CONTRACT CARRIER UCENSING. 
(a) AUTHORITY TO ISSUE PERMiTS.-^ection 10923(a) (relating 
to authority to issue permits) is amended by inserting "of household 
goods or passengers" after "motor contract carrier". 
(b) MOTOR CONTRACT CARRIER PERMITS.—Section 10923 (relat-
ing to permits of motor and water contract carriers and household 
goods freight forwarders) is amended by redesignating subsections 
(b) through (e) as (c) through (f), respectively, and by inserting 
after subsection (a) the following new subsection: 
"(b)(1) Except as provided in this section and section 10930 
of this title, the Commission shall issue a permit to a person 
authorizing the person to provide transportation subject to the 
jurisdiction of the Commission under subchapter II of chapter 105 
of this title as a motor contract carrier of property other than 
household goods if the Commission finds that the person is able 
to comply with— 
"(A) this subtitle, the regulations of the Commission, and 
any safety requirements imposed by the Commission, 
"(B) the safety fitness requirements established by the 
Secretary of Transportation in consultation with the Commis-
sion pursuant to section 31144 of this title, and 
'(C) the minimum financial responsibility requirements 
established by the Commission pursuant to section 10927 of 
this title. 
"(2) In deciding whether to approve the application of a person 
for a permit as a motor contract carrier of property other than 
household goods the Commission shall consider any evidence dem-
onstrating that the applicant is unable to comply with this subtitle, 
108 STAT. 1688 
PUBLIC LAW 103-311—AUG. 26, 1994 
the regulations of the Commission, safety requirements of the 
Commission, or the safety fitness and minimum financial respon-
sibility requirements of subsection (b)(1). 
"(3) The Commission shall find any applicant for authority 
to operate as a motor carrier of property other than household 
goods under this subsection to be unfit if the applicant does not 
meet the safety and safety fitness requirements of paragraph (1)(A) 
or (IXB) of this subsection and shall deny the application. 
"(4) A person may protest an application under this subsection 
to provide trsmsportation only on the ground that the applicant 
fails or will fail to comply with this subtitle, the regulations of 
the Commission, safety requirements of the Commission, or the 
safety fitness or minimum financial responsibility requirements 
of paragraph (1).". 
(c) 
APPLICATION 
FILING 
REQUIREMENTS.—Section 
10923(c) 
(relating to application filing requirements), as redesignated by 
subsection (b) of this section, is amended— 
(1) by striking "motor contract carrier of property" in para-
graphs (3) and (4) and inserting "motor contract carrier of 
household goods", 
(2) by striking paragraph (5) and redesignating paragraphs 
(6) and (7) as (5) and (6), respectively, and 
(3) by striking "motor contract carriers of property" in 
paragraph (5) (as redesignated) and inserting "motor contract 
carriers of household goods". 
(d) 
CONDITIONS OF TRANSPORTATION OR SERVICE.—Section 
10923(e) (relating to conditions of transportation or service), as 
redesignated by subsection (b) of this section, is amended— 
(1) by inserting "of passengers or household goods" after 
"contract carrier" in paragraph (1), and 
(2) by striking "each person or class of persons (and, in 
the case of a motor contract carrier of passengers, the number 
of persons)" in paragraph (2) and inserting "in the case of 
a motor contract carrier of passengers, the number of persons,". 
SEC. 209. REVOCATION OF MOTOR CARRIER AUTHORITY. 
Section 10925(d)(1) (relating to effective period of certificates, 
permits, and licenses) is amended— 
(1) by striking "if a motor carrier or broker" in subpara-
graph (A) and inserting "if a motor carrier of passengers, motor 
common carrier of household goods, or broker", 
(2) by striking "and" at the end of subparagraph (A), 
(3) by redesignating subparagraph (B) as (D) and inserting 
after subparagraph (A) the following new subparagraphs: 
(B) if a motor contract carrier of property, for failure 
to comply with safety requirements of the Commission 
or the S2ifety fitness requirements pursuant to section 
10701, 10924(e), 10927 (b) or (d), or 31144, of this title; 
"(C) if a motor common carrier of property other than 
household goods, for failure to comply with safety require-
ments of the Commission or the safety fitness requirements 
pursuant to section 10701, 10702, 10924(e), 10927 (b) or 
(d), or 31144 of this title; and". 
SEC. 210. STUDY OF INTERSTATE COMMERCE COMMISSION FUNC-
TIONS. 
(a) INTERSTATE COMMERCE COMMISSION REPORT.—-The Inter-
state Commerce Commission shall prepare and submit to the Sec-
PUBLIC LAW 103-311—AUG. 26, 1994 
108 STAT. 1689 
retary of Transportation and to each committee of the Congress 
having jurisdiction over legislation affecting the Commission a 
report identifying and analyzing all regulatory responsibilities of 
the Commission. The Commission shall make recommendations 
concerning specific statutory and regulatory functions of the 
• 
v 
Commission that could be eliminated or restructured. The Commis-
sion shall submit the report within 60 days after the date of 
enactment of this Act. 
(b) SECRETARY OF TRANSPORTATION STUDY.—The Secretary of 
Transportation shall study the feasibility and efficiency of merging 
the Interstate Commerce Commission into the Department of 
Transportation as an independent agency, combining it with other 
Federal agencies, retaining the Interstate Commerce Commission 
in its present form, eliminating the agency and transferring all 
or some of its functions to the Department of Transportation or 
other Federal agencies, and other organizational changes that lead 
to government, transportation, or public interest efficiencies. The 
study shall consider the cost savings that might be achieved, the 
efficient allocation of resources, the elimination of unnecessary func-
tions, and responsibility for regulatory functions. The Secretary 
shall solicit comments from the public with respect to both the 
Department's and the Commission's findings. The Secretary shall 
submit the results of such study together with any recommendations 
to the Congress within 4 months after the date of the submission 
of the Interstate Commerce Commission report required in sub-
section (a). 
SEC. 211. LIMITATION 
ON STATE REGULATION 
OF 
INTRASTATE 
TRANSPORTATION OF PASSENGERS BY BUS. 
(a) IN GENERAL.—Chapter 109 (relating to licensing) is 
amended by adding at the end thereof the following new section: 
''§10936. Limitation on State regulation of intrastate pas-
sengers by bus 
"A State or political subdivision of a State may not enforce 
any law or regulation relating to intrastate fares for the transpor-
tation of passengers by bus by an interstate motor carrier of pas-
sengers over a route authorized by the Commission.". 
(b) CONFORMING AMENDMENTS.— 
(1) Section 10521(bXl) is amended by inserting "10936," 
after "10935,". 
(2) Section 11501(e) is amended— 
(A) by striking all but paragraph (5), 
(B) by redesignating paragraph (5) as subsection (e), 
and 
(C) by striking "paragraph" and inserting "subsection". 
108 STAT. 1690 
PUBLIC LAW 103-311—AUG. 26,1994 
(3) The table of sections for subchapter IV of chapter 109 
is amended by adding at the end the following new item: 
"10936. Limitation on State regulation of intrastate passengers by bus.". 
49 u s e 10101 
SEC. 212. EFFECTIVE DATE. 
This title and the amendments made by this title shall take 
effect upon the enactment of this Act, except for sections 207 and 
208, which shall take effect on January 1,1995. 
Approved August 26, 1994, 
LEGISLATIVE HISTORY—H.R. 2178 (S. 1640): 
HOUSE REPORTS: No. 103-336, Pt. 1 (Ckimm. on Energy and Commerce). 
SENATE REPORTS: No. 103-217 accompanying S. 1640 (Comm. on C!ommerce, 
Science, and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 139 (1993): Nov. 21, considered and passed House. 
Vol. 140 (1994): Aug. 11, considered and passed Senate, amended, in lieu of 
S. 1640. 
Aug. 16, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 30 (1994): 
Aug. 21, Presidential statement.