Page:United States Statutes at Large Volume 110 Part 5.djvu/380

 110 STAT. 3454 PUBLIC LAW 104-291—OCT. 11, 1996 (1) by striking "Before a person tenders to a first carrier for intermodal transportation a" and inserting "If the first carrier to which an/'; (2) by striking "10,000 pounds (including packing material and pallets), the person shall give the carrier a written" and inserting "29,000 pounds is tendered for intermodal transportation is a motor carrier, the person tendering the container or trailer shall give the motor carrier a"; (3) by striking "trailer." and inserting "trailer before the tendering of the container or trailer."; (4) by striking "electronically." and inserting "electronically or by telephone."; and (5) by adding at the end thereof the following: "This 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.— Subsection (b) of section 5902 (relating to certification) is amended to read as follows: "(b) CERTIFICATION.— "(1) IN GENERAL. — A person who tenders a loaded container or trailer with an actual gross cargo weight of more than 29,000 pounds to a first carrier for intermodal transportation shall provide a certification of the contents of the container or trailer in writing, or electronically, before or when the container or trailer is so tendered. "(2) CONTENTS OF CERTIFICATION.—The certification required by paragraph (1) shall include— "(A) the actual gross cargo weight; "(B) a reasonable description of the contents of the container or trailer; "(C) the identity of the certifying party; "(D) the container or trailer number; and "(E) the date of certification or transfer of data to another document, as provided for in paragraph (3). "(3) TRANSFER OF CERTIFICATION DATA. —A carrier who receives a certification may transfer the information contained in the certification to another document or to electronic format for forwarding to a subsequent carrier. The person transferring the information shall state on the forwarded document the date on which the data was transferred and the identity of the party who performed the transfer. "(4) SHIPPING DOCUMENTS.—For purposes of this chapter, a shipping document, prepared by the person who tenders a container or trailer to a first carrier, that contains the information required by paragraph (2) meets the requirements of paragraph (1). "(5) USE OF 'FREIGHT ALL KINDS' TERM.— The term 'Freight All Kinds' or 'FAK' may not be used for the purpose of certification under section 5902(b) after December 31, 2000, as a commodity description for a trailer or container if the weight of any commodity in the trailer or container equals or exceeds 20 percent of the total weight of the contents of the trailer or container. This subsection does not prohibit the use of the term after that date for rating purposes. "(6) SEPARATE DOCUMENT MARKING.— I f a separate document is used to meet the requirements of paragraph (1), it

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