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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Intermodal Safe Container
Transportation Act Amendments of 1996''.

SEC. 2. REFERENCES TO TITLE 49.

Except as otherwise expressly provided, whenever in this Act 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. 3. DEFINITIONS.

Section 5901 is amended--
(1) by striking paragraph (1) and inserting the following:
''(1) except as otherwise provided in this chapter, the
definitions in sections 10102 and 13102 of this title apply.'';
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(3) by inserting after paragraph (5) the following new
paragraph:
''(6) 'gross cargo weight' means the weight of the cargo,
packaging materials (including ice), pallets, and dunnage.''.

SEC. 4. NOTIFICATIONS AND CERTIFICATIONS.

Section 5902 is amended to read as follows:
''Sec. 5902. Notifications and certifications
''(a) Prior Notification.--
''(1) In general.--If the first carrier to which any loaded
container or trailer having a projected gross cargo weight of
more than 29,000 pounds is tendered for intermodal
transportation is a motor carrier, the person tendering the
container or trailer shall give the motor carrier a
notification of the projected gross cargo weight and a
reasonable description of the contents of the container or
trailer before the tendering of the container or trailer. The
notification may be transmitted electronically or by telephone.
''(2) Applicability.--This subsection applies to any person
within the United States who tenders a container or trailer
subject to this chapter for intermodal transportation if the
first carrier is a motor carrier.
''(b) Certification.--
''(1) In general.--A person who tenders a loaded container
or trailer with an actual gross cargo weight of more than
29,000 pounds, to a first carrier for intermodal transportation
shall provide a certification of the contents of the container
or trailer in writing, or electronically, before or when the
container or trailer is so tendered.
''(2) Contents of certification.--The certification
required by paragraph (1) shall include the following:
''(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.
''(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 tendering a container
or trailer to a first carrier, that contains the information
required by paragraph (2) meets the requirements of paragraph
(1).
''(5) Use of 'freight all kinds' term.--The term 'Freight
All Kinds' or 'FAK' may not be used for the purpose of
certification under this subsection after December 31, 2000, as
a description required under paragraph (2)(B) 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 such term after December 31, 2000, for rating
purposes.
''(6) Separate document marking.--If a separate document is
used to meet the requirements of paragraph (1), it shall be
conspicuously marked 'INTERMODAL CERTIFICATION'.
''(7) Applicability.--This subsection applies to any
person, domestic or foreign, who first tenders a container or
trailer subject to this chapter for intermodal transportation
within the United States.
''(c) Forwarding Certifications to Subsequent Carriers.--
''(1) General rule.--A carrier, agent of a carrier, broker,
customs broker, freight forwarder, warehouser, or terminal
operator shall forward the certification provided under
subsection (b) to a subsequent carrier transporting the
container or trailer in intermodal transportation before or
when the container or trailer is tendered to the subsequent
carrier.
''(2) Presumption of no certification required.--If no
certification is received by the subsequent carrier before or
when the container or trailer is being tendered to it, the
subsequent carrier may presume that no certification is
required.
''(3) Limitation on construction of forwarding.--The act of
forwarding the certification may not be construed as a
verification or affirmation of the accuracy or completeness of
the information in the certification.
''(4) Liability.--
''(A) In general.--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 charge incurred as a result of the inaccurate
transfer of information or failure to forward the
certification.
''(B) Lien.--A subsequent carrier incurring a bond,
fine, penalty, or cost (including storage), or interest
charge as a result of the inaccurate transfer of the
information or the failure to forward the certification
shall have a lien against the contents of the container
or trailer under section 5905 in the amount of the
bond, fine, penalty, or cost (including storage), or
interest charge and all court costs and legal fees
incurred by the carrier as a result of such inaccurate
transfer or failure.
''(5) Notice to leased operators.--If a motor carrier knows
that the gross cargo weight of an intermodal container or
trailer subject to the certification requirements of subsection
(b) would result in a violation of applicable State gross
vehicle weight laws--
''(A) a motor carrier must inform the operator of a
vehicle which is leased by the vehicle operator to a
motor carrier which transports an intermodal container
or trailer of the gross cargo weight of the container
or trailer as certified to the motor carrier pursuant
to subsection (b);
''(B) the notice must be provided to the operator
prior to the operator being tendered the container or
trailer;
''(C) the notice required by this subsection must
be in writing, but may be transmitted electronically;
''(D) the motor carrier shall bear the burden of
proof to establish that it tendered the required notice
to the operator; and
''(E) if the operator of a leased vehicle
transporting a container or trailer subject to this
chapter should receive a fine because of a violation of
a State's gross vehicle weight laws or regulations and
lessee motor carrier cannot establish that it tendered
to the operator the notice required by this section,
the operator shall be entitled to reimbursement from
the motor carrier of the amount of any fine and court
costs resulting from the failure of the motor carrier
to tender the notice to the operator.
''(d) Liability to Owner or Beneficial Owner.--If--
''(1) a person inaccurately transfers information on a
certification required by subsection (b)(1) or fails to forward
a certification to the subsequent carrier;
''(2) as a result of the inaccurate transfer of such
information or a failure to forward a certification, the
subsequent carrier incurs a bond, fine, penalty, or cost
(including storage), or interest charge; and
''(3) a 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 imposition of the lien.
''(e) Nonapplicability.--
''(1) Consolidated shipments.--The notification and
certification requirements of subsections (a) and (b) do not
apply to any intermodal container or trailer containing
consolidated shipments loaded by a motor carrier if that motor
carrier--
''(A) performs the highway portion of the
intermodal movement; or
''(B) assumes the responsibility for any weight-
related fine or penalty incurred by any other motor
carrier that performs a part of the highway
transportation.
''(2) Intermodal transportation of loaded containers.--
''(A) In general.--Subsections (a) and (b) and
section 5903(c) do not apply to a carrier when the
carrier is transferring a loaded container or trailer
to another carrier during intermodal transportation,
unless the carrier is also the person tendering the
loaded container or trailer to the first carrier.
''(B) Special rule.--A carrier, agent of a carrier,
broker, customs broker, freight forwarder, warehouser,
or terminal operator is deemed not to be a person
tendering a loaded container or trailer to a first
carrier under this section, unless the carrier, agent,
broker, customs broker, freight forwarder, warehouser,
or terminal operator assumes legal responsibility for
loading property into the container or trailer.''.

SEC. 5. PROHIBITIONS.

(a) Providing Erroneous Information.--Section 5903(a) is amended by
inserting '', to whom section 5902(b) applies,'' after ''A person''.
(b) Transporting Prior To Receiving Certification.--Section 5903(b)
is amended to read as follows:
''(b) Transporting Prior To Receiving Certification.--
''(1) Presumption.--If no certification is received by a
motor carrier before or when a loaded intermodal container or
trailer is tendered to it, the motor carrier may presume that
the gross cargo weight of the container or trailer is less than
29,001 pounds.
''(2) Copy of certification not required to accompany
container or trailer.--Notwithstanding any other provision of
this chapter, if a certification is required by section
5902(b), a copy of the certification is not required to
accompany the intermodal container or trailer.''.
(c) Unlawful Coercion.--Section 5903(c)(1) is amended by striking
''10,000 pounds (including packing materials and pallets)'' and
inserting ''29,000 pounds''.

SEC. 6. LIENS.

(a) General Rule.--Section 5905(a) is amended to read as follows:
''(a) General Rule.--If a person involved in the intermodal
transportation of a loaded container or trailer for which a
certification is required by section 5902(b) of this title is required,
because of a violation of a State's gross vehicle weight laws or
regulations, to post a bond or pay a fine, penalty, cost (including
storage), or interest charge resulting from--
''(1) erroneous information provided by the certifying
party in the certification to the first carrier in violation of
section 5903(a),
''(2) the failure of the party required to provide the
certification to the first carrier to provide it,
''(3) the failure of a person required under section
5902(c) to forward the certification to forward it, or
''(4) an error occurring in the transfer of information on
the certification to another document under section 5902(b)(3)
or 5902(c),
then the person posting the bond, or paying any fine, penalty, cost
(including storage), or interest charge has a lien against the contents
equal to the amount of the bond, fine, penalty, cost (including
storage), or interest charge incurred, until the person receives a
payment of that amount from the owner or beneficial owner of the
contents or from the person responsible for making or forwarding the
certification or transferring the information from the certification to
another document.''.
(b) Limitations.--Section 5905(b)(1) is amended--
(1) by inserting after ''the first carrier'' the following:
''or the owner or beneficial owner of the contents''; and
(2) by striking ''cost, or interest.'' and inserting ''cost
(including storage), or interest charge. The lien shall remain
in effect until the lien holder has received payment for all
costs and expenses as described in subsection (a).''.

SEC. 7. PERISHABLE AGRICULTURAL COMMODITIES.

Section 5906 is amended by striking ''Sections 5904(a)(2) and 5905
of this title do'' and insert ''Section 5905 does''.

SEC. 8. EFFECTIVE DATE.

Section 5907 is amended to read as follows:
''Sec. 5907. Effective date
''This chapter, as amended by the Intermodal Safe Container
Transportation Act Amendments of 1996, is effective on the date of the
enactment of such Act. The provisions of this chapter shall be
implemented 180 days after such date of enactment.''.

SEC. 9. RELATIONSHIP TO OTHER LAWS.

(a) In General.--Chapter 59 is amended by adding at the end the
following new section:
''Sec. 5908. Relationship to other laws
''Nothing in this chapter affects--
''(1) chapter 51 (relating to transportation of hazardous
material) or the regulations issued under that chapter; or
''(2) any State highway weight or size law or regulation
applicable to tractor-trailer combinations.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by striking the item relating to section 5907 and inserting the
following:

''5907. Effective date.
''5908. Relationship to other laws.''.

Passed the House of Representatives September 18, 1996.

Attest:

ROBIN H. CARLE,

Clerk.
Output:
Intermodal Safe Container Transportation Act Amendments of 1996 - Amends Federal transportation law to revise the prior notification requirements for intermodal freight transportation.
Requires a person who tenders to a first carrier that is a motor carrier (currently, any carrier) a container or trailer with a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing material and pallets) for intermodal transportation to give prior notification of the cargo weight and a reasonable description of its contents to the motor carrier.
Allows such notification to be made by telephone, and allows the required certification of the container or trailer contents to be electronic. Sets forth administrative and civil penalties for persons who inaccurately transfer certification information. Makes such a person liable to the owner or beneficial owner for any lien filed by a subsequent carrier that incurred a bond, fine, or other penalty as a result of an inaccurate information transfer or a failure to forward a certification.
Requires a motor carrier that knows that the gross cargo weight of an intermodal container or trailer violates State vehicle weight laws to give notice to the operator of a leased vehicle that transports such items. Requires the motor carrier to reimburse the operator of the leased vehicle that are fined because of a violation of a State's gross vehicle weight laws.
Allows a motor carrier to presume that the gross cargo weight of a container or trailer is under 29,001 pounds if it receives no certification before or when a loaded intermodal container or trailer is tendered to it. Declares that a copy of a certification is not required to accompany the intermodal container or trailer.
Prohibits a person from coercing a person transporting a loaded container or trailer having a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing materials and pallets) before the required certification is provided.
Adds to the circumstances giving certain persons a lien against the contents of the container or trailer as a result of a violation of a State's gross vehicle weight laws. Includes among such circumstances: (1) failure of the party required to provide certification off gross cargo weight to the first carrier to provide it; (2) failure of the party required to forward such certification to forward it; or (3) error in the transfer of information on the certification to another document.