[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 2178 Enrolled Bill (ENR)]
H.R.2178
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To amend the Hazardous Materials Transportation Act to authorize
appropriations for fiscal years 1994, 1995, 1996, and 1997, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

4974fc314f00cb063c397055c67ad18541d1ce82fb8a656458958ba137261615

This title may be cited as the ``Hazardous Materials Transportation
Authorization Act of 1994''.

296e91ed3ed44d1fe6ed21706c30df48d5579547f75785773b535f93d938769c

TITLE I

-HAZARDOUS MATERIALS TRANSPORTATION ACT AMENDMENTS

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.

43644d8bdc92aea2359daaabebc4b5841867645f1729c249c2e3e2cc2f445143

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''.

5e5c0d22be8ff16d240c066346fb0dba5cd7f9a22ecbe0f691bbd8a270e5abde

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 subsection,
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 United 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.''.

74519ceb77caee80cd1e762626f437e6e41728bb502b2d9f9da1b2a77cab26a2

(a) Authority To Make Grants.--Section 5116(a)(1) (relating to
planning grants) is amended--
(1) by inserting ``and Indian tribes'' after ``States'' the
first place it appears; and
(2) by striking ``in a State and between States'' and inserting
``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
coordinated with emergency planning conducted by adjacent States
and Indian tribes.''.

f7eb1e0530a12dbabe3da6528ef13ee60e2742e516e40ffcd5840aecd4b27659

Section 5107(d) (relating to coordination of training requirements)
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 operations,
and''.

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SUBDIVISIONS, 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:
``(2) A State or political subdivision thereof or Indian tribe
that levies a fee in connection with the transportation of
hazardous materials shall, upon the Secretary's request, report to
the Secretary on--
``(A) the basis on which the fee is levied upon persons
involved in such transportation;
``(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.''.

df598c584d4256aea49a1a4dfbaffbf596ebe7843511046fc6f370be7e32419b

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 following:
``The Secretary shall, once every 2 years, prepare and submit to
the President for transmittal to the Congress a comprehensive
report on the transportation of hazardous materials during the
preceding 2 calendar years.''.

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(a) In General.--In implementing the Intelligent Vehicle-Highway
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 operational 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
subsection (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 demonstrate the
feasibility of establishing and operating computerized
telecommunications emergency response information technologies 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 hazardous
materials 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 shipments
by motor carriers either directly or through linkage with other
systems.
(2) Any project carried out with a grant under this subsection
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 common 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.

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Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall issue final regulations under the
following:
(1) The rulemaking proceeding under Docket HM-175A entitled
``Crashworthiness Protection Requirements for Tank Cars''.
(2) The rulemaking proceeding under Docket HM-201 entitled
``Detection and Repair of Cracks, Pits, Corrosion, Lining Flaws,
Thermal Protection Flaws and Other Defects of Tank Car Tanks''.

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The Secretary of Transportation shall conduct a study of existing
practices regarding the placement of cars on trains, with particular
attention to the placement of cars that carry hazardous materials. 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.

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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 (relating
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.

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(a) In General.--
(1) The Secretary of Transportation shall prescribe regulations
amending part 395 of title 49, Code of Federal Regulations, 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 carrier so as
to allow verification of the accuracy of such documents at a
reasonable cost, to the driver and the motor carrier, of record
acquisition and retention.
(3) A provision specifying the period during which supporting
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 Secretary 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 section, a
supporting document is any document that is generated or received by a
motor carrier or commercial motor vehicle driver in the normal 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.

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(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-Ptionon the
number of driver's licenses), after being found toP 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 controlled
substance subsequent to completing such a rehabilitation 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.

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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.''.

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The Secretary of Transportation shall designate a toll free
telephone number for transporters of hazardous materials 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.

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(a) Amendments Relating to Packaging.--
(1) Sections 5102(3)(C)(ii) and 5102(4)(A)(iii) are each
amended by striking ``packages'' and inserting ``packagings''.
(2) Sections 5103(b)(1)(A)(iii), 5121(c)(1)(A), 5125(b)(1)(E),
and 5126(a) are each amended by striking ``a package or'' and
inserting ``a packaging or a''.
(3) Section 5108(a)(1)(D) 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
package'' each place it appears and inserting ``, package, or packaging
(or a component of a container, package, or packaging)''.

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SUPPLIERS.
Not later than 3 months after the date of enactment of this Act the
Secretary of Transportation 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 or farm supplies for
agricultural purposes within a 50-mile radius of their distribution
point or farm.

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(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 subsections:
``(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, shall--
``(A) identify regions or locations in which fire
departments 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 organization
under this subsection in a fiscal year if the organization 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 additional 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 Secretary
shall submit to Congress a report on the allocation and uses of
training grants authorized under subsection (b) for fiscal year 1993
through fiscal year 1996 and grants authorized under subsection (j) and
section 5107 for fiscal years 1995 and 1996. 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 subparagraph
(A), there is authorized to be appropriated to the Secretary for
carrying out section 5116(j) $1,000,000 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(g)(2)(A)(viii) is amended by striking
``5107(e),''.
(2) Section 5116(i)(1) is amended by striking ``and section
5107(e)''.
(3) Section 5116(i)(3) is amended by striking ``and section
5107(e)''.

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(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:
``(c) Applications To Be Dealt With Promptly.--The Secretary shall
issue or renew the exemption for which an application was filed or 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 Federal Register of the
reason why the Secretary's decision on the 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
decisions on preemption) is amended by inserting immediately after 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 additional time necessary before the
decision is made.''.

52433666230e1781488b76ebd43b0b6e4d9759dfa903b85598d0aaaf291cc53b

CARRIERS NEAR FEDERAL PRISONS.
(a) Study.--The Secretary of Transportation shall conduct a study
to determine the safety considerations of transporting hazardous
materials by motor carriers in close proximity to Federal prisons,
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 enactment
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 Secretary's recommendations for any legislative or
regulatory changes to enhance the safety regarding the transportation
of hazardous materials by motor carriers near Federal prisons.

baa1d593c533a94633e7ada952149c0e8cf55c3f9e6f03b57b402fd5bde68af1

(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 transportation), 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 Transportation
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 rulemaking proceeding
initiated under subsection (a) shall be completed before October 1,
1995.
(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.

d2f2a42b221fd18a8b0d62a0122a737b948c3255856a2de20a34424376ae8d68

(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 provided 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 paragraph (1)
by Congress.
(c) Prohibition of Contracts.--If it has been finally determined by
a court or Federal agency that any person intentionally affixed 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.
(2)(A) The Secretary of Transportation may waive the provisions
of paragraph (1) if the products or services required are not
reasonably available from companies organized under 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.

be896f667d637e881c02219a5d94434f9f7bdd5303f73ce6250e15e66c89b198

This title may by cited as the ``Trucking Industry Regulatory
Reform Act of 1994''.

d55373390b7cd618a510d75b37acf2c84e8bf2577aa6d0cd859bc6a9daf7472d

TITLE II

-TRUCKING INDUSTRY REGULATORY REFORM

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.

2548e76905bcaf15328ca2416bcb62fb516b722e454819a56ad563450ec59019

The purpose of this title is to enhance competition, safety, and
efficiency in the motor carrier industry and to enhance efficiency in
government.

9df7374bb141072f940e56bc18b5abe7b8a06c70912201b32a3c142f0ad24b1b

Section 10101(a)(2) (relating to transportation policy) is
amended--
(1) by redesignating subparagraphs (A) through (I) as
subparagraphs (C) through (K), respectively, and
(2) by inserting before subparagraph (C) (as so redesignated)
the following: ``(A) encourage fair competition, and reasonable
rates for transportation by motor carriers of property; (B) promote
Federal regulatory efficiency in the motor carrier transportation
system and to require fair and expeditious regulatory decisions
when regulation is required;''.

71b1944f1656a0f12ae00a444daea115602dea6c17d69c2e0b2763fe4a7c9600

(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
transportation of property other than household goods, or in non-
contiguous 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 packaging
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) 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.

fb8939881d8cedad5d5a64ae3d920318f762b32f601b75dc2ac7d6dc59757b41

(a) Authority To Establish Rates.--Section 10702(b) (relating 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 providing
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'', and
(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 participating
carrier certifying its continuing participation in such tariff,
which certification shall be kept open for public inspection''.
(c) General Tariff Requirement.--Section 10762(a) (relating to
general tariff requirement) is amended--
(1) by inserting ``(excluding a motor common carrier providing
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 providing
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 paragraph (1),
(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 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 ``common 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 (relating to
general tariff requirements) is amended by adding at the end thereof
the following new subsection:
``(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
practice' means a rate, classification, rule, or practice
established 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 agreement
approved under section 10706(b) for application to
transportation that the interlining carriers can provide
jointly over their lines.''.

f4d38e71fc4b481400b5f730be86e2f4aa8d3dbd1ac145f5cbe49e8a37516812

(a) In General.--Section 10922 (relating to certification of motor
and water carriers) is amended--
(1) by redesignating subsections (b) through (l) 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 Commission
under 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 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 safety fitness requirements
under paragraph (1)(A) or (1)(B) 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.''.
(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),
respectively,
(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 shipments
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
redesignated) and inserting ``of household goods'',
(5) by striking ``of property'' in paragraph (6) (as
redesignated) and inserting ``of household goods'', and
(6) by striking ``Notwithstanding the provisions of paragraph
(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''.

3170b4a444fa925446a6692b3a3adac9e57b040846ebbf855249f2343ac2096d

(a) Authority To Issue Permits.--Section 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 (relating 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 Commission
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
demonstrating that the applicant is unable to comply with this
subtitle, the regulations of the Commission, safety requirements of the
Commission, or the safety fitness and minimum financial responsibility
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 (1)(B) 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, 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
paragraphs (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,''.

54641e67a636105578a9aac9634ec34e06fce29d979defdd42a94cdca3e4e1ef

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
subparagraph (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
safety 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 requirements
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''.

e10a0316dfa4fc935336a681c070041d78931a1e7a30a1e2f70f62ec8f6e7dd3

(a) Interstate Commerce Commission Report.--The Interstate Commerce
Commission shall prepare and submit to the Secretary 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 Commission that could be eliminated or restructured.
The Commission 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 functions, 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 subsection (a).

9694c17140182a8c2647744819d3c0ff2c900e8d1192846e5bee8735864f1a04

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:
``Sec. 10936. Limitation on State regulation of intrastate passengers
by bus
``A State or political subdivision of a State may not enforce any
law or regulation relating to intrastate fares for the transportation
of passengers by bus by an interstate motor carrier of passengers over
a route authorized by the Commission.''.
(b) Conforming Amendments.--
(1) Section 10521(b)(1) 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''.
(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.''.

aaa93a795173236c186f5d9747b95d303abeab330cdba8d70ee8e3864ed5621c

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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

7c3948068fda23a4d1cccb3386d961f800b464a6aab8c1cd74d8655ae010c1a5

Hazardous Materials Transportation Authorization Act of 1994 — HR. 2178

Other Sections

TITLE I

TITLE II

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