Page:United States Statutes at Large Volume 119.djvu/1742

 119 STAT. 1724

PUBLIC LAW 109–59—AUG. 10, 2005

development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)). ‘‘(3) COST SHARING.— ‘‘(A) FEDERAL SHARE.—The Federal share of the cost of activities carried out under a cooperative research and development agreement entered into under this subsection shall not exceed 50 percent; except that, if there is substantial public interest or benefit associated with any such activity, the Secretary may approve a greater Federal share. ‘‘(B) TREATMENT OF DIRECTLY INCURRED NON-FEDERAL COSTS.—All costs directly incurred by the non-Federal partners, including personnel, travel, and hardware or software development costs, shall be credited toward the non-Federal share of the cost of the activities described in subparagraph (A). ‘‘(4) USE OF TECHNOLOGY.—The research, development, or use of a technology under a cooperative research and development agreement entered into under this subsection, including the terms under which the technology may be licensed and the resulting royalties may be distributed, shall be subject to the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 311 of such title is amended by striking the item relating to section 31108 and inserting the following: ‘‘31108. Motor carrier research and technology program.’’. SEC. 4112. NEBRASKA CUSTOM HARVESTERS LENGTH EXEMPTION.

(a) IN GENERAL.—Section 31112(c) of title 49, United States Code, is amended by adding at the end the following: ‘‘(5) Nebraska may allow the operation of a truck tractor and 2 trailers or semitrailers not in actual lawful operation on a regular or periodic basis on June 1, 1991, if the length of the property-carrying units does not exceed 81 feet 6 inches and such combination is used only to transport equipment utilized by custom harvesters under contract to agricultural producers to harvest one or more of wheat, soybeans, and milo during the harvest months for such crops, as defined by the State of Nebraska.’’. (b) CONFORMING AMENDMENT.—Such section 31112(c) is amended by striking the subsection designation and heading and inserting the following: ‘‘(c) SPECIAL RULES FOR WYOMING, OHIO, ALASKA, IOWA, AND NEBRASKA.—’’. SEC. 4113. PATTERN OF SAFETY VIOLATIONS BY MOTOR CARRIER MANAGEMENT.

(a) DUTIES OF EMPLOYERS AND EMPLOYEES.—Section 31135 of title 49, United States Code, is amended— (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Each’’; and (2) by adding at the end the following: ‘‘(b) PATTERN OF NONCOMPLIANCE.—If the Secretary finds that an officer of a motor carrier engages or has engaged in a pattern or practice of avoiding compliance, or masking or otherwise concealing noncompliance, with regulations on commercial motor

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