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Page:United States Statutes at Large Volume 96 Part 2.djvu/785

 PUBLIC LAW 97-424—JAN. 6, 1983 "(m)(1) The Governor, responsible local officials, and publicly owned operators of mass transportation services in accordance with the planning process required under section 8 of this Act shall designate a recipient or recipients to receive and dispense the funds appropriated under this section that are attributable to urbanized areas of 200,000 or more population. In any case in which a statewide or regional agency or instrumentality is responsible under State laws for the financing, construction and operation, directly, by lease, contract, or otherwise, of public transportation services, such agency or instrumentality shall be the recipient to receive and dispense such funds. As used in this section, the term 'designated recipient' shall refer to a recipient selected according to the procedures required by this section or to a recipient designated in accordance with section 5(b)(l) of this Act prior to the date of enactment of this section. "(2) Sums apportioned under this subsection not made available for expenditure by designated recipients in accordance with the terms of paragraph (1) shall be made available to the Governor for expenditure in urbanized areas with populations of less than 200,000. "(n)(1) The Governor may transfer an amount of the State's apportionment under subsection (d) to supplement funds apportioned to the State under section 18(a) of this Act, or to supplement funds apportioned to urbanized areas with populations of 300,000 or less under this subsection. The Governor may make such transfers only after consultation with responsible local officials and publicly owned operators of mass transportation services in each area to which the funding was originally apportioned pursuant to subsection (d). The Governor may transfer an amount of the State's apportionment under section 18(a) to supplement funds apportioned to the State under subsection (d). Amounts transferred shall be subject to the capital and operating assistance limitations applicable to the original apportionments of such amounts, "(2) A designated recipient for an urbanized area of 200,000 or more population may transfer its apportionment under this section, or a portion thereof, to the Governor. The Grovernor shall distribute any such apportionment to urbanized areas in the State, including areas of 200,000 or more population, in accordance with this section. Amounts transferred shall be subject to the capital and operating assistance limitations applicable to the original apportionment of such amounts. "(o) Sums apportioned under this section shall be available for obligation by the recipient for a period of three years following the close of the fiscal year for which such sums are apportioned. Any amounts so apportioned remaining unobligated at the end of such period shall be added to the amount available for apportionment under this section for the succeeding fiscal year.

96 STAT. 2147

49 USC 1607.

"Designated recipient." 49 USC 1604.

49 USC 1614.

Distribution to urbanized areas.

MASS TRANSIT ACCOUNT DISTRIBUTION

"SEC. 9 A. (a)(1) Of the amount made available from the Mass Transit Account of the Highway Trust Fund under section 21(a) of this Act in fiscal year 1983, 8.64 per centum shall be available for expenditure under this section in such fiscal year only in urbanized areas with a population of less than 200,000. "(2) Of the amount made available from the Mass Transit Account of the Highway Trust Fund under section 21(a) of this Act in fiscal

49 USC 1607a-l. Ante, p. 2140.

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PUBLIC LAW 97-424—JAN. 6, 1983

year 1983, 88.43 per centum shall be available for expenditure under this section in such fiscal year only in urbanized areas with 200,000 population or more. "(b)(1) Of the funds available under subsection (a)(2) of this section, 66.71 per centum shall be apportioned among urbanized areas with 200,000 population or more as follows: "(A) 73.39 per centum shall be made available for expenditure in only those urbanized areas with a population of 1,000,000 or more, and on the basis of a formula under which such urbanized area will be entitled to receive an amount equal to the sum of— "(i) 50 per centum of the amount available under this subparagraph multiplied by the ratio which the total bus revenue vehicle miles operated in or directly serving such urbanized area bears to the total bus revenue vehicle miles in all such urbanized areas; "(ii) 25 per centum of such amount multiplied by the ratio which the population of such urbanized area bears to the total population of all such urbanized areas as shown by the latest Federal census; and "(iii) 25 per centum of such amount multiplied by a ratio for that urbanized area determined on the basis of population weighted by a factor of density, as determined by the Secretary; and "(B) 26.61 per centum shall be made available for expenditure in only those urbanized aresis with a population of less than 1,000,000 and on the basis of a formula under which such urbanized area will be entitled to receive an amount equal to the sum of— "(i) 50 per centum of the amount available under this subparagraph multiplied by the ratio which the total bus revenue vehicle miles operated in or directly serving such urbanized area bears to the total bus revenue vehicle miles in all such urbanized areas; "(ii) 25 per centum of such amount multiplied by the ratio which the population of such urbanized area bears to the total population of all such urbanized areas as shown by the latest available Federal census; and "(iii) 25 per centum of such amount multiplied by a ratio for that urbanized area determined on the basis of population weighted by a factor of density, as determined by the Secretary. "(2) Of the funds available under subsection (a)(2) of this section, 33.29 per centum shall be apportioned among urbanized areas of 200,000 population or more as follows: "(A) 60 per centum of the amount so apportioned multiplied by the ratio which the number of fixed guideway revenue vehicle miles attributable to the urbanized area, as determined by the Secretary, bears to the total number of all fixed guideway revenue vehicle miles attributable to all such urbanized areas; and "(B) 40 per centum of the amount so apportioned multiplied by the ratio which the number of fixed guideway route miles attributable to the urbanized area, as determined by the Secretary, bears to the total number of all fixed guideway route miles attributable to all such urbanized areas.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/787

 PUBLIC LAW 97-424—JAN. 6, 1983 No urbanized area in which commuter rail service is provided and which has a population of 750,000 or more shall receive less than 0.75 per centum of the sums made available under this paragraph. Under this paragraph, fixed guideway revenue vehicle or route miles provided, and passengers served thereby, in an urbanized area of less than 200,000 population, where such revenue vehicle miles or route miles and passengers served would otherwise be attributable to an urbanized area with a population of 1,000,000 or more in an adjacent State, shall be attributable to the public body in the State in which such urbanized area of less than 200,000 population is located as if the public body were an urbanized area of 200,000 or more so long as such public body contracts, directly or indirectly, for such service. For the purpose of this paragraph, the terms fixed guideway revenue vehicle miles' and 'fixed guideway route miles' shall include ferry boat operations directly or under contract by the designated recipient. "(c) Funds available under subsection (a)(1) of this section shall be apportioned on the basis of a formula under which urbanized areas of less than 200,000 population shall be entitled to receive an amount equal to the sum of— "(1) one-half of the total amount so apportioned multiplied by the ratio which the population of such urbanized area bears to the total population of all such urbanized areas in all the States as shown by the latest available Federal census; and "(2) one-half of the total amount so apportioned multiplied by a ratio for that urbanized area determined on the basis of population weighted by a factor of density, as determined by the Secretary. As used in this section, the term 'density' means the number of inhabitants per square mile. "(d)(1) The provisions of subsections (e), (f), (g), (h), (i), (m), and (n) of section 9 of this Act shall apply to grants made under this section, "(2)(A) Grants under this section shall be made for the purposes described in subsection (j) of section 9 of this Act, except that such grants may not be used for payment of operating expenses. "(B) The Federal grant for any project under this section shall not exceed 80 per centum of the net project cost of such project. "(3) The provisions of subsection (o) of section 9 shall apply to grants made under this section, except that amounts remaining unobligated at the end of the 3-year period shall be added to the amount available under section 3 for the succeeding fiscal year.".

96 STAT. 2149

Definitions.

"Density." Grants. Ante, p. 2141.

EXISTING CAPITAL GRANT PROGRAM

SEC. 304. (a) Section 3(a)(2)(A) of the Urban Mass Transportation Act of 1964 is amended— (1) by striking out "and" at the end of clause (i); (2) by striking out the period at the end of clause (ii) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following: "(iii) sufficient capability to maintain the facilities and equipment.", (b) Section 3(a) of the Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following: "(5) The Secretary shall take into account the adverse effect of decreased commuter rail service in considering applications for assistance under this section for the acquisition of rail lines and all

49 USC 1602.

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PUBLIC LAW 97-424—JAN. 6, 1983

49 USC 1604.

related facilities used in providing commuter rail service which are owned by a railroad subject to reorganization under title 11, United States Code. "(6) In making grants under this section in fiscal year 1983, the Secretary shall, to the extent practicable, emphasize projects that are labor intensive and that can begin construction or manufacturing within the shortest possible time.". (c) Section 15(b) of the Urban Mass Transportation Act of 1964 is amended by striking out "section 5" and inserting in lieu thereof "section 5 or 9".

Ante, p. 2141. ^

LETTERS OF INTENT

49 USC 1611.

49 USC 1602.

Ante, p. 2140.

SEC. 305. Section 3(a)(4) of the Urban Mass Transportation Act of 1964 is amended— (1) by inserting after the first sentence thereof the following: "At least thirty days prior to the issuance of a letter of intent under this paragraph, the Secretary shall notify, in writing, the Committee on Public Works and Transportation of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, of the proposed issuance of such letter of intent."; (2) by striking out "in section 4(c)" and inserting in lieu thereof the following "to carry out section 3"; and (3) by adding at the end thereof the following: "Funding for projects covered by letters of intent or letters of commitment issued, and full funding contracts executed, prior to the date of enactment of the Federal Public Transportation Act of 1982 should be funded under this section while not precluding the funding of a portion of such projects using section 9 capital funds unless such funding would impair the recipient's ability to fund routine capital projects under such section. Notwithstanding the provisions of section 4(a), the Federal share of the total project cost of any project under this section covered by a full funding contract, letter of intent, or letter of commitment in effect on the date of enactment of the Federal Public Transportation Act of 1982, or those projects within the federally agreed upon scope for the Washington, District of Columbia, metropolitan area transit system (as of such date), shall not be altered.". RESEARCH AND TRAINING GRANTS

49 USC 1603.

49 USC 1607c.

SEC. 306. (a) Section 4(d) of the Urban Mass Transportation Act of 1964 is amended by striking out "September 30, 1981, and September 30, 1982" and inserting in lieu thereof "and September 30, 1981, $5,000,000 for the fiscal year ending September 30, 1984, and $10,000,000 per fiscal year for each of the fiscal years ending September 30, 1985, and September 30, 1986". (b) Section 11(b)(5) of such Act is amended to read as follows: "(5) As a condition to project approval, the amount of the Federal grant must be equally matched from other than Federal funds.". (c) The first sentence of section ll(b)(7) of such Act is amended by inserting ", which include bona fide research and training in urban transportation" before the period.

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 PUBLIC LAW 97-424—JAN. 6, 1983

96 STAT. 2151

AVAILABILITY OF FUNDS—URBAN MASS TRANSIT PROGRAM

SEC. 307. Section 5 of the Urban Mass Transportation Act of 1964 is amended— (1) by adding immediately after subsection (c)(4) the following: "(5) Apportionments under this section for fiscal year 1975 shall be deemed to have lapsed on September 30, 1977, and apportionments under this section for fiscal year 1976 shall be deemed to have lapsed on September 30, 1978."; and (2) by adding at the end thereof the following new subsection: "(o) Notwithstanding any other provision of this section, any sums apportioned under this section before October 1, 1982, and available for expenditure in any urbanized area or part thereof on such date shall remain available for expenditure in such area or part in accordance with the provisions of this section until September 30, 1985. Any sums so apportioned remaining unobligated on October 1, 1985, shall be added to amounts available for apportionment under section 9 of this Act for the fisced year ending September 30, 1986.".

49 USC 1604.

Ante, p. 2141.

COMPETmVE PROCUREMENT

SEC. 308. Paragraph (2) of subsection (b) of section 12 of the Urban Mass Transportation Act of 1964 is amended to read as follows: "(2) In lieu of requiring that contracts for the acquisition of rolling stock be awarded based on consideration of performance, standardization, life-cycle costs and other factors, or on the basis of lowest initial capital cost, such contracts may be awarded based on a competitive procurement process. The Secretary shall report to Congress within a year of enactment of the Federal Public Transportation Act of 1982 on any legislative or administrative revisions required to ensure that procurement procedures are fair and competitive.".

49 USC 1608.

Report to Congress. Ante, p. 2140.

DEFINITIONS

SEC. 309. (a) Section 12(c)(l) of the Urban Mass Transportation Act of 1964 is amended by inserting before the semicolon at the end thereof the following:, and such term also means any bus rehabilitation project which extends the economic life of a bus five years or more". (b) Section 12(c)(2) of the Urban Mass Transportation Act of 1964 is amended by inserting "or rails" immediately after "separate right-of-way" and by striking out the semicolon at the end of such section and inserting in lieu thereof a comma and the following: "and also means a public transportation facility which uses a fixed catenary system and utilizes a right-of-way usable by other forms of transportation;".

49 USC 1608.

PERFORMANCE REPORTS

SEC. 310. (a) The Secretary of Transportation shall report to Congress in January of 1984 and in January of every second year thereafter his estimates of the current performance and condition of public mass transportation systems together with recommendations for any necessary administrative or legislative revisions. (b) In reporting to Congress pursuant to this section, the Secretary shall prepare a comprehensive assessment of public transportation facilities in the United States. The Secretary shall also assess future needs for such facilities and estimate future capital requirements

Submittal to Congress. 49 USC 1601c.

Public transportation facilities, assessment.

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PUBLIC LAW 97-424—JAN. 6, 1983 and operation and maintenance requirements for one-, five-, and ten-year periods at specified levels of service. CONSTRUCTION CONDITION

Financial assistance.

SEC. 311. The Secretary of Transportation shall only make available Federal financial assistance to the Metropolitan Atlanta Rapid Trcinsit Authority for the construction of the proposed fixed rail line from Doraville, Georgia, to the Atlanta Hartsfield International Airport on the condition that the portion of such line extending north from Lenox Station to Doraville and the portion of such line extending south from Lakewood Station to the Atlanta Hartsfield International Airport will be constructed simultaneously in usable segments so that revenue passenger service to Doraville and such airport shall commence at approximately the same time. This section shall apply until priorities different from those set forth in the preceding sentence are adopted after September 30, 1983, by a valid act of the Georgia Grenered Assembly and by a valid resolution of the Board of the Metropolitan Atlanta Rapid Transit Authority. LOAN REPAYMENT

49 USC 1601 note.

49 USC 1602.

SEC. 312. (a) The Massachusetts Bay Transportation Authority shall have no obligation to repay the United States 80 per centum of the principal and the interest owed on the following loans entered into with the Secretary of Transportation under the Urban Mass Tremsportation Act of 1964 for the acquisition of rights-of-way: the loan numbered MA03-9001 entered into on January 26, 1973, and the loan numbered MA23-9010 entered into on December 20, 1976. (b)(l) The Secretary of Transportation may convert the remaining 20 per centum of the principal and interest owed on the loans described in subsection (a) to grants under the conditions set forth in paragraph (2), (2) In lieu of the local matching share otherwise required, the grant agreement may provide that State or local funds shall be committed to public transportation projects in the urbanized area, on a schedule acceptable to the Secretary of Transportation, in an amount equal to the local share that would have been required had the amount of principal and interest forgiven under subsection (a) been the Federal share of a capital grant made when the original loan was made. The State or local funds contributed under the terms of the preceding sentence shall be made available for capital projects eligible for funding under section 3(a) of the Urban Mass Transportation Act of 1964 and may not be used to satisfy the local matching requirements for any other grant project. A D V A N C E ACQUISITION O F RIGHTS-OF-WAY

49 USC 1602.

SEC. 313. Section 3(a)(l)(A) of the Urban Mass Transportation Act of 1964 is amended by striking out "and" the second place it appears and by inserting immediately before the semicolon at the end thereof the following: ", and the acquisition of rights-of-way, and relocation, for fixed guideway corridor development for projects in advanced stages of any such detailed alternatives analyses or preliminary engineering".

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Page:United States Statutes at Large Volume 96 Part 2.djvu/791

 PUBLIC LAW 97-424—JAN. 6, 1983

96 STAT. 21153

FEASIBILITY STUDY

SEC. 314. (a) The Secretary of Transportation shall make a grant Grant. to the Massachusetts Bay Transportation Authority to conduct a feasibility study to examine the possibility of replacing either any or all three of the existing electric trolley bus lines (and thereby eliminating the overhead power lines) in Cambridge, Massachusetts, with the more advanced and equally environmentally sound electric bus technology that is being developed in the State of California for the Santa Barbara transit system. (b) Notwithstanding section 21(a)(2) of the Urban Mass Transportation Act of 1964, of the amount made available by such section Ante, p. 2140. 21(a)(2) for the fiscal year ending September 30, 1983, $500,000 shall be available only to carry out this section and such amount shall remain available until expended. STUDY OF LONG-TERM LEVERAGE FINANCING

SEC. 315. The Secretary of Transportation shall conduct a study on the feasibility of providing an assured flow of Federal funds under long-term contracts with local or State transit authorities for use in leveraging further capital assistance from State or local government or private sector sources. Within six months of the date of enactment of this Act, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Public Works and Transportation of the House a report of such study.

Report to congressional committees.

FORMULA GRANTS FOR NONURBANIZED AREAS

SEC. 316. (a) Section 18(a) of the Urban Mass Transportation Act of 1964 is amended by striking out "appropriated pursuant to section 4(e) of this Act" and inserting in lieu thereof "made available under section 21(a) of this Act to carry out this section". (b) Section 18(c) of the Urban Mass Transportation Act of 1964 is amended by striking out "three years" in the first sentence and inserting in lieu thereof "two years".

49 USC 1614. Ante, p. 2140.

ASSISTANCE TO MEET SPECIAL NEEDS OF ELDERLY AND HANDICAPPED PERSONS

SEC. 317. (a) Section 16(b) of the Urban Mass Transportation Act of 1964 is amended by striking out "section 4(c)(3) of this Act, 2 per centum" and inserting in lieu thereof "section 21(a)(2) of this Act, 3.5 per centum". (b) The amendment made by subsection (a) of this section shall take effect October 1, 1983. (c) Section 16 of the Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following: "(c) In carrying out subsection (a) of this section, section 165(b) of the Federal-Aid Highway Act of 1973, and section 504 of the Rehabilitation Act of 1973 (consistent with any applicable Governmentwide standards for the implementation of such section 504), the Secretary shall, not later than ninety days after the date of the enactment of this subsection, publish in the Federal Register for public comment, proposed regulations and, not later than one hundred and eighty days after the date of such enactment, promulgate

49 USC 1612.

Effective date. 49 USC 1612 note. Publication in Federal Register. 23 USC 142 note. 29 USC 794.

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PUBLIC LAW 97-424—JAN. 6, 1983

final regulations, establishing (1) minimum criteria for the provision of transportation services to handicapped and elderly individuals by recipients of Federal financial assistance under this Act or under any provision of law referred to in section 165(b) of the Federal-Aid 23 USC 142 note. Highway Act of 1973, and (2) procedures for the Secretary to monitor recipients' compliance with such criteria. Such regulations shall include provisions for ensuring that organizations and groups representing such individuals are given adequate notice of and opportunity to comment on the proposed activities of recipients for the purpose of achieving compliance with such regulations.". REPEAL OF SAFETY AUTHORITY

Repeal. 49 USC 1604a.

SEC. 318. (a) Section 107 of the National Mass Transportation Assistance Act of 1974 (Public Law 93-503) is repealed. (b) The Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following new section: "SAFETY AUTHORITY

49 USC 1618.

"SEC. 22. The Secretary may investigate conditions in any facility, equipment, or manner of operation financed under this Act which the Secretary believes creates a serious hazard of death or injury. The investigation should determine the nature and extent of such conditions and the means which might best be employed to correct or eliminate them. If the Secretary determines that such conditions do create such a hazard, he shall require the local public body which has received funds under this Act to submit a plan for correcting or eliminating such condition. The Secretary may withhold further financial assistance under this Act from the local public body until he approves such plan and the local public body implements such plan.'^ TITLE IV PART A—COMMERCIAL MOTOR VEHICLE SAFETY DEFINITIONS

49 USC 2301.

SEC. 401. For purposes of this part, unless the context otherwise requires, the term— (1) "commercial motor vehicle" means any self-propelled or towed vehicle used on the highways in commerce principally to transport passengers or cargo— (A) if such vehicle has a gross vehicle weight rating of ten thousand or more pounds; (B) if such vehicle is designed to transport more than ten passengers, including the driver; or (C) if such vehicle is used in the transportation of materials found by the Secretary to be hazardous for the purposes of the Hazardous Materials Transportation Act, as amended (49 U.S.C. 1801 et seq.); (2) "employee" means— (A) a driver of a commercial motor vehicle (including an independent contractor while in the course of personally operating a commercial motor vehicle); (B) a mechanic; (C) a freight handler; or (D) any individual other than an employer;

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 PUBLIC LAW 97-424—JAN. 6, 1983

96 STAT. 2155

who is employed by a commercial motor carrier and who in the course of his employment directly affects commercial motor vehicle safety, but such term does not include an employee of the United States, any State, or a political subdivision of a State who is acting within the course of such employment, nor does such term include an individual employed by a commercial motor carrier engaged in the transportation of passengers; (3) "employer" means any person engaged in a business affecting commerce who owns or leases a commercial motor vehicle in connection with that business, or assigns employees to operate it in commerce, but such term does not include the United States, any State, or a political subdivision of a State; (4) "person" means one or more individuals, partnerships, associations, corporations, business trusts, or any other organized group of individuals; (5) "Secretary" means the Secretary of Transportation; and (6) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, or the Commonwealth of the Northern Marianas. GRANTS TO STATES

SEC. 402. (a) Under the terms and conditions of this section, subject to the availability of funds, the Secretary is authorized to make grants to States for the development or implementation of programs for the enforcement of Federal rules, regulations, standards, and orders applicable to commercial motor vehicle safety and compatible State rules, regulations, standards, and orders. (b)(1) The Secretary shall formulate procedures for any State to submit a plan whereby the State agrees to adopt, and to assume responsibility for enforcing Federal rules, regulations, standards, and orders applicable to commercial motor vehicle safety, or compatible State rules, regulations, standards, and orders. Such plan shall be approved by the Secretary if, in the Secretary's judgment, the plan is adequate to promote the objectives of this section, and the plan— (A) designates the State motor vehicle safety agency responsible for administering the plan throughout the State; (B) contains satisfactory assurances that such agency has or will have the legal authority, resources, and qualified personnel necessary for the enforcement of such rules, regulations, standards, and orders; (C) gives satisfactory assurances that such State will devote adequate funds to the administration of such plan and enforcement of such rules, regulations, standards, and orders; (D) provides a right of entry and inspection sufficient to enforce such rules, regulations, standards, and orders; (E) provides that all reports required pursuant to this section be submitted to the State agency, and that such agency make available upon request to the Secretary all such reports; (F) provides that such State agency will adopt such uniform reporting requirements and use such uniform forms for recordkeeping, inspections, and investigations as may be established and required by the Secretary; and

49 USC 2302.

Enforcement plan.

Plan objectives.

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 96 STAT. 2156

Continuing evaluation. Disapproval notice.

Judicial review. 5 USC 701 et seq.

PUBLIC LAW 97-424—JAN. 6, 1983

(G) requires registrants of commercial motor vehicles to make a declaration of knowledge of applicable Federal and State safety rules, regulations, standards, and orders. (2) If a plan submitted under paragraph (1) of this subsection is rejected, the Secretary shall provide the State a written explanation of the Secretary's action and shall permit the State to modify and resubmit its proposed plan for approval, in accordance with the procedures formulated in such paragraph. (c) The Secretary shall, on the basis of reports submitted by the State agency, and on the Secretary's own inspections, make a continuing evaluation of the manner in which each State with a plan approved under this section is canning out such plan. Whenever the Secretary finds, after affording due notice and opportunity for comment, that a State plan previously approved is not being followed or that it has become inadequate to Eissure the enforcement of Federal rules, regulations, standards, or orders applicable to commercial motor vehicle safety or compatible State rules, regulations, standards, or orders, he shall notify the State of withdrawal of approval of such plan. Upon receipt of such notice such plan shall cease to be in effect. Any State aggrieved by a determination of the Secretary pursueint to this subsection may seek judicial review pursuant to chapter 7 of title 5, United States Code. The State may, however, retain jurisdiction in any administrative or judicial enforcement proceeding commenced before the withdrawal of the plan whenever the issues involved do not directly relate to the reasons for the withdrawal of approval of the plan. (d) The Secretary shall not approve any plan under this section which does not provide that the aggregate expenditure of funds of the State and political subdivisions thereof, exclusive of Federal funds, for commercial motor vehicle safety programs will be maintained at a level which does not fall below the average level of such expenditure for its last two full fiscal years preceding the date of enactment of this section. FEDERAL SHARE OF COSTS

49 USC 2303.

SEC. 403. By grants authorized under this peirt, the Secretary shall reimburse any State an amount not to exceed 80 per centum of the costs incurred by that State in that fiscal year in the development and implementation of programs to enforce commercial motor vehicle rules, regulations, standards, or orders adopted pursuant to this title. The funds of the State and political subdivisions thereof which are required to be expended under section 402(d) of this title shall not be considered to be part of the non-Federal share. The Secretary is authorized to allocate, among the States whose applications for grants have been approved, those amounts appropriated for grants to support such programs, pursuant to such criteria as may be established. AUTHORIZATIONS

49 USC 2304.

SEC. 404. To carry out the purposes of section 402 of this title, there is authorized to be appropriated out of the Highway Trust Fund not to exceed $10,000,000 in the fiscal year ending September 30, 1984, not to exceed $20,000,000 in the fiscal year ending September 30, 1985, not to exceed $30,000,000 in the fiscal year ending September 30, 1986, not to exceed $40,000,000 in the fiscal year ending September 30, 1987, and not to exceed $50,000,000 in the

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96 STAT. 2157

fiscal year ending September 30, 1988. Appropriated funds authorized by this section shall be used to reimburse States pro rata for the Federal share of costs incurred. Grants made pursuant to the authority of this part shall be for periods not to exceed one fiscal year, ending at the end of a fiscal year.

Reimbursement to States.

PROTECTION OF EMPLOYEES

SEC. 405. (a) No person shall discharge, discipline, or in any manner discriminate against any employee with respect to the employee's compensation, terms, conditions, or privileges of employment because such employee (or any person acting pursuant to a request of the employee) has filed any complaint or instituted or caused to be instituted any proceeding relating to a violation of a commercial motor vehicle safety rule, regulation, standard, or order, or has testified or is about to testify in any such proceeding. (b) No person shall discharge, discipline, or in any manner discriminate against an employee with respect to the employee's compensation, terms, conditions, or privileges of employment for refusing to operate a vehicle when such operation constitutes a violation of any Federal rules, regulations, standards, or orders applicable to commercial motor vehicle safety or health, or because of the employee's reasonable apprehension of serious injury to himself or the public due to the unsafe condition of such equipment. The unsafe conditions causing the employee's apprehension of injury must be of such nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a bona fide danger of an accident, injury, or serious impairment of health, resulting from the unsafe condition. In order to qusilify for protection under this subsection, the employee must have sought from his employer, and have been unable to obtain, correction of the unsafe condition. (c)(1) Any employee who believes he has been discharged, disciplined, or otherwise discriminated against by any person in violation of subsection (a) or (b) of this section may, within one hundred and eighty days after such alleged violation occurs, file (or have filed by any person on the employee's behalf) a complaint with the Secretary of Labor alleging such discharge, discipline, or discrimination. Upon receipt of such a complaint, the Secretary of Labor shall notify the person named in the complaint of the filing of the complaint. (2)(A) Within sixty days of receipt of a complaint filed under paragraph (1) of this subsection, the Secretary of Labor shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify the complainant and the person alleged to have committed a violation of this section of his findings. Where the Secretary of Labor has concluded that there is reasonable cause to believe that a violation has occurred, he shall accompany his findings with a preliminary order providing the relief prescribed by subparagraph (B) of this paragraph. Thereafter, either the person alleged to have committed the violation or the complainant may, within thirty days, file objections to the findings or preliminary order, or both, and request a hearing on the record, except that the filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Such hearings shall be expeditiously conducted. Where a hearing is not timely requested, the preliminary order

Discrimination. 49 USC 2305.

Unsafe conditions.

Filing of complaint.

Investigation.

Hearing request.

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 96 STAT. 2158

PUBLIC LAW 97-424—JAN. 6, 1983

shall be deemed a final order which is not subject to judicial review. Final order. Upon the conclusion of such hearing, the Secretary of Labor shall issue a final order within one hundred and twenty days. In the interim, such proceedings may be terminated at any time on the basis of a settlement agreement entered into by the Secretary of Labor, the complainant, and the person alleged to have committed the violation. Complainant, (B) If, in response to a complaint filed under paragraph (1) of this reinstatement to subsection, the Secretary of Labor determines that a violation of former position. subsection (a) or (b) of this section has occurred, the Secretary of Labor shall order (i) the person who committed such violation to take affirmative action to abate the violation, (ii) such person to reinstate the complainant to the complainsmt's former position together with the compensation (including back pay), terms, conditions, and privileges of the complainant's employment, and (iii) compensatory damages. If such an order is issued, the Secretary of Labor, at the request of the complainant may assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorney's fees) reasonably incurred, as determined by the Secretary of Labor, by the complednant for, or in connection with, the bringing of the complaint upon which the order was issued. Review. (d)(1) Any person adversely affected or aggrieved by an order issued after a hearing under subsection (c) of this section may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred, or the circuit in which such person resided on the date of such violation. The petition for review must be filed within sixty days from the issuance of the Secretary of Labor's order. Such review shall be in accordance with the provisions of 5 USC 101 etseq. chapter 7 of title 5, United States Code, and shall be heard and decided expeditiously. (2) An order of the Secretary of Labor, with respect to which review could have been obtained under this section, shall not be subject to judicial review in any criminal or other civil proceeding. Civil action. (e) Whenever a person heis failed to comply with an order issued under subsection (c)(2) of this section, the Secretary of Labor shall file a civil action in the United States district court for the district in which the violation was found to occur in order to enforce such order. In actions brought under this subsection, the district courts shall have jurisdiction to grant all appropriate relief, including injunctive relief, reinstatement, and compensatory damages. Civil actions brought under this subsection shall be heard and decided expeditiously. MINIMUM FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS 49 USC 10927 note.

SEC. 406. (a) Section 30 of the Motor Carrier Act of 1980 is amended in subsections (a) and (b) by striking out "two-year period" each place it appears and inserting in lieu thereof "three and onehalf year period. (b) Section 3(Kc) of the Motor Carrier Act of 1980 is amended by striking out "(c) Financial" and inserting in lieu thereof "(c)(D Subject to paragraph (2) of this subsection, financial" and by adding at the end thereof the following new paragraph: "(2)(A) Any person domiciled in any contiguous foreign country who provides transportation by motor vehicle to which any of the

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 PUBLIC LAW 97-424—JAN. 6, 1983 minimal levels of financial responsibility established under this section apply shall have evidence of such financial responsibility in such motor vehicle at any time such person is providing such transportation. "(B) The Secretary of Transportation and the Secretary of the Treasury shall deny entry into the United States of any motor vehicle in which there is not evidence of financial responsibility required to be in such vehicle under subparagraph (A) of this paragraph.". (c) Section 30(g) of the Motor Carrier Act of 1980 is amended by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively, and by inserting before paragraph (2) (as so redesignated) the following new paragraph: "(1) Interstate commerce' includes transportation between a place in a State and a place outside the United States, to the extent such transportation is in the United States;". (d) Section 30(f) of the Motor Carrier Act of 1980 is amended to read as follows: "(f) This section shall not apply to any motor vehicle having a gross vehicle weight rating of less than ten thousand pounds, if such vehicle is not used to transport any quantity of cleiss A or B explosives, any quantity of poison gas, or a large quantity of radioactive materials in interstate or foreign commerce.".

96 STAT. 2159

49 USC 10927 note.

"Interstate commerce."

PART B—COMMERCIAL MOTOR VEHICLE LENGTH LIMITATION LENGTH U M I T A T I O N S ON FEDERALLY ASSISTED HIGHWAYS

SEC. 411. (a) No State shall establish, maintain, or enforce any regulation of commerce which imposes a vehicle length limitation of less than forty-eight feet on the length of the semitrailer unit operating in a truck tractor-semitrailer combination, and of less than twenty-eight feet on the length of any semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination, on any segment of the Nationsil System of Interstate and Defense Highways and those classes of qualifying Federal-aid Primary System highways as designated by the Secretary, pursuant to subsection (e) of this section. (b) Length limitations established, maintained, or enforced by the States under subsection (a) of this section shall apply solely to the semitrailer or trailer or trailers and not to a truck tractor. No State shall establish, maintain, or enforce any regulation of commerce which imposes an overall length limitation on commercial motor vehicles operating in truck-tractor semitrailer or truck tractor semitrailer, trailer combinations. No State shall establish, maintain, or enforce any regulation of commerce which has the effect of prohibiting the use of trailers or semitrailers of such dimensions as those that were in actual and lawful use in such State on December 1, 1982. No State shall establish, maintain, or enforce any regulation of commerce which has the effect of prohibiting the use of existing trailers or semitrailers, of up to twenty-eight and one-half feet in length, in a truck tractor-semitrailer-trailer combination if those trailers or semitrailers were actually and lawfully operating on December 1, 1982, within a sixty-five-foot overall length limit in any State. (c) No State shall prohibit commercial motor vehicle combinations consisting of a truck tractor and two trailing units on any segment

49 USC 2311.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/798

 96 STAT. 2160

Specialized equipment accommodations.

Final rules.

"Truck tractor."

Effective date. Exclusions.

PUBLIC LAW 97-424—JAN. 6, 1983

of the National System of Interstate and Defense Highways, and those classes of qualifying Federal-aid Primary System highways as designated by the Secretary pursuant to subsection (e) of ttds section. (d) The Secretary is authorized to establish rules to implement the provisions of this section, and to make such determinations as are necessary to accommodate specialized equipment (including, but not limited to, automobile transporters) subject to subsections (a) and (b) of this section. (e)(1) The Secretary shall designate as qualifying Federal-aid Primary System highways subject to the provisions of subsections (a) and (c) those Primary System highways that are capable of safely accommodating the vehicle lengths set forth therein. (2) The Secretary shall make an initial determination of which classes of highways shall be designated pursuant to paragraph (1) within 90 days of the date of enactment of this section. (3) The Secretary shall enact fingJ rules pursuant to paragraph (1) no later than two hundred and seventy days from the date of enactment of this section and may revise such rules from time to time thereafter. (f) For the purposes of this section, "truck tractor" shall be defined as the noncargo carrying power unit that operates in combination with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit. (g) The provisions of this section shall take effect ninety days after the date of enactment of this title. (h) The length limitations described in this section shall be exclusive of safety and energy conservation devices, such as rear view mirrors, turn signal lamps, marker lamps, steps and handholds for entry and egress, flexible fender extensions, mudflaps and splash and spray suppressant devices, load-induced tire bulge, refrigeration units or air compressors and other devices, which the Secretary may interpret as necessary for safe and efficient operation of commercial motor vehicles, except that no device excluded under this subsection from the limitations of this section shall have by its design or use the capability to carry cargo. ACCESS TO THE INTERSTATE SYSTEM

Commercial motor vehicles. 49 USC 2312.

SEC. 412. No State may enact or enforce any law denying reasonable access to commercial motor vehicles subject to this title between (1) the Interstate and Defense Highway System and any other qualifying Federal-aid Primary System highways, as designated by the Secretary, and (2) terminals, facilities for food, fuel, repairs, and rest, and points of loading and unloading for household goods carriers. ENFORCEMENT

Civil action. 49 USC 2313.

SEC. 413. The Secretary, or, on the request of the Secretary, the Attorney General of the United States, is authorized and directed to institute any civil action for injunctive relief as may be appropriate to assure compliance with the provisions of this title. Such action may be instituted in any district court of the United States in any State where such relief is required to assure compliance with the terms of this title. In any action under this section, the court shall, upon a proper showing, issue a temporary restraining order or

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preliminary or permanent injunction. In any such action, the court may also issue a mandatory injunction commanding any State or person to comply with any applicable provision of this title, or any rule issued under authority of this title. SPLASH AND SPRAY SUPPRESSANT DEVICES

SEC. 414. (a) The Congress declares that visibility on wet roadways on the Interstate System should be improved by reducing, by a practicable and reliable means, splash and spray from truck tractors, semitrailers, and trailers. (b) The Secretary shall by regulation— (1) within one year after the date of the enactment of this title, establish minimum standards with respect to the performance and installation of splash and spray suppression devices for use on truck tractors, semitrailers, or trailers; (2) within two years after the date of the enactment of this title, require that all new truck tractors, semitrailers, and trailers operated on the Interstate System be equipped with any splash and spray suppression device which satisfies the standards established pursuant to paragraph (1) of this subsection; and (3) within five years after the date of the enactment of this title, require that all truck trailers, semitrailers, and trailers operated on the Interstate System be equipped with any splash and spray suppression device which satisfies the standards established pursuant to paragraph (1) of this subsection. (c) For the purposes of this section, the term— (1) "truck tractor" means the noncargo carrying power unit that operates in combination with a semitrailer or trailer(s); (2) "semitrailer" and "trailer" mean any semitrailer or trailer, respectively, with respect to which section 422 of this title applies; and (3) "Interstate System" has the same meaning provided in section 101 of title 23, United States Code.

49 USC 2314.

Minimum standards, establishment.

Definitions.

REPORT REGARDING LONGER COMBINATION COMMERCIAL MOTOR VEHICLES

SEC. 415. (a) Within 18 months after the date of enactment of this title, the Secretary, after consultation with the transportation officials and Governors of the several States and after an opportunity for public comment, shall submit to Congress a detailed report on the potential benefits and costs if any, to shippers, receivers, operators of commercial motor vehicles, and the general public, that reasonably may be anticipated from the establishment of a National intercity truck route network for the operation of a special class of longer combination commercial motor vehicles. (b) For the purposes of this section, the term— (1) "longer combination commercial motor vehicles" means multiple-trailer combinations consisting of (A) truck tractorsemitrailer-full trailer, and (B) truck tractor-semitrailer-full trailer-full trailer combinations with an overall length not in excess of one hundred and ten feet; and (2) "national intercity truck route network" means a network consisting of a number of controlled-access, interconnecting segments of the National System of Interstate and Defense

Submittal to Congress. 49 USC 2315.

Definitions.

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 96 STAT. 2162

Weight limits.

PUBLIC LAW 97-424—JAN. 6, 1983 Highways and other highways of comparable design and traffic capacity including, but not limited to, all such highways where the operation of longer combination commercial motor vehicles is authorized on the date of enactment of this section, (c) The detailed report mandated by this section shall include, but need not be limited to, the following— (1) a specific plan for the establishment of a national intercity truck route network, including the designation of those specific highway segments which would be required to connect the major distribution centers and markets for long-haul intercity freight service, except that the Secretary shall not include in the plan any highway segment which, because of design limitations or other factors, cannot accommodate the safe operation of longer combination commercial motor vehicles; (2) an analysis of the intercity motor freight volume that reasonably can be anticipated to be transported by longer combination commercial motor vehicles over the national intercity truck route network if such network is established by Congress; (3) an analysis of the fuel savings that reasonably can be anticipated in the transportation of freight by commercial motor vehicle if such network is established by Congress; (4) an analysis of the productivity gains that reasonably can be anticipated to be achieved in the transportation of freight by commercial motor vehicle if such network is established by Congress; (5) an analysis of the fuel conservation and productivity gains historically achieved by operators of longer combination commercial motor vehicles; and (6) an analysis of the safety record of longer combination commercial motor vehicle operations that have been conducted prior to the date of enactment of this section. (d) In making the findings and determinations required by subsection (c) of this section, and in making the detailed report to Congress required by this section, the Secretary shall assume that the longer combination commercial motor vehicles operating on the national intercity truck route network, if and when established by Congress, would be subject to the single- and tandem-axle weight limits imposed by section 127 of title 23, United States Code. The Secretary shall further assume that the overall gross weight of such vehicles on a group of two or more consecutive axles shall be limited by the formula set forth in such section, and only by such formula. (e) In making the detailed report to Congress required by this section, the Secretary shall Eissume that longer combination commercial motor vehicles operating on the national intercity truck route network will have reasonable access to terminals, combination breakup areas, and food and fuel facilities consistent with safe operations of such vehicles. PART C—OTHER PROVISIONS STATE RECREATIONAL BOATING

SEC. 421. (a) The Federal Boat Safety Act of 1971 (Public Law 92-75; 85 Stat. 213) is amended as follows: (1) By inserting "contract with, and" immediately after "The Secretary may" in the second sentence of section 25(a) (46 U.S.C.

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1474(a)) and in section 26(a) (46 U.S.C. 1475(a)) immediately after "promulgate, may". (2) In section 26(b) and (c) (46 U.S.C. 1475 (b) and (c))— (A) by striking "appropriated" and inserting "authorized to be expended"; and (B) by adding at the end thereof the following: "His action in doing so shall be deemed a contractual obligation of the United States for the payment of the proportional share of the cost of implementing the program.". (3) In section 26(d) (46 U.S.C. 1475(d))— (A) by striking "appropriated" in the third and fourth sentences and inserting in lieu thereof "authorized to be expended"; (B) by inserting immediately after the third sentence the following: "Approval of those elements of a combined program shall be deemed a contractual obligation of the United States for the payment of the proportional share of the cost of implementing State recreational boating safety programs pursuant to this Act."; and (C) by adding at the end thereof the following: "Approval of those elements of a combined program shall be deemed a contractual obligation of the United States for the payment of the proportional share of the cost of implementing State recreational boating facilities programs pursuant to this Act.". (4) In section 30 (46 U.S.C. 1479) by striking the section heading and all that follows thereafter and inserting in lieu thereof the following: " AUTHORIZATION O F CONTRACTS P E N D I N G AUTHORITY FOR S T A T E REC-

R E A T I O N A L BOATING SAFETY AND FACILITIES IMPROVEMENT PROGRAMS

"SEC. 30. For the purposes of providing financial assistance for State recreational boating safety and facilities improvement programs, the Secretary is authorized to expend, subject to such amounts as are provided in appropriations Acts for liquidation of contract authority, an amount equal to the revenues accruing each fiscal year from the taxes under section 4041(b) of the Internal Revenue Code of 1954 with respect to special motor fuels used as fuel in motor boats and under section 4081 of such Code with respect to gasoline used as fuel in motor boats. Of the funds available for allocations and distribution for recreational boating safety and facilities improvement programs, one-third shall be allocated for recreational boating safety programs and two-thirds shall be allocated for recreational boating facilities improvement programs beginning with fiscal year 1983. Any funds authorized to be expended for State recreational and boating safety improvement programs shall remain available until expended and shall be deemed to have been expended only if a sum equal to the total amounts authorized to be expended under this section for the fiscal year in question and all previous fiscal years have been obligated. Any funds that were previously obligated but are released by payment of a final voucher or modification of a program acceptance shall be credited to the balance of unobligated funds and shall be immediately available for expenditure.".

97-200 O—84—pt. 2

26: QL3

26 USC 4041. 26 USC 4081.

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PUBLIC LAW 97-424—JAN. 6, 1983 REFORESTATION

16 USC 1606a.

SEC. 422. (a) Section 303(d) and (e) of the Act of October 14, 1980 (P.L. 96-451, 16 U.S.C. 160a (d) and (e)), are amended to read as follows: "(d) During each of the fiscal years 1983, 1984, and 1985, the Secretary of Agriculture shall expend all amounts available in the Trust Fund (including any amounts not expended in previous fiscal years) for— "(1) reforestation and timber stand improvement as set forth in the Congressional policy in section 3(d) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(d)); and "(2) administrative costs of the Federal Government properly allocatable to the activities described in paragraph (1). In no event may the Secretary expend less than $104,000,000 out of the Trust Fund in fiscal year 1983 for the purposes of this subsection. "(e) It is the intent of Congress that the Secretary shall expend all of the funds available in the Trust Fund in each fiscal year. Any such funds which are not expended in a given fiscal year shall remain available for expenditure without fiscal year limitation; except that any funds not expended prior to October 1, 1985, shall, no later than April 30, 1986, be distributed to the States for use in State forestry programs pursuant to the formula set forth in the Act of May 23, 1908 (16 U.S.C. 500, Public Law 136, Sixtieth Congress.", (b) In section 303(b)(1) of such Act, strike out "and before October 1, 1985,". SALTONSTALL-KENNEDY ACT AMENDMENT

SEC. 423. (a) Section 2(e) of the Act of August 11, 1939, commonly referred to as the Saltonstall-Kennedy Act (15 U.S.C. 713c-3 (e)), is amended to read as follows: "(e) ALI-OCATION OF FUND MONEYS.—(1) Notwithstanding

any

other provision of law, all moneys in the fund shall be used exclusively for the purpose of promoting United States fisheries in accordance with the provisions of this section, and no such moneys shall be transferred from the fund for any other purpose. With respect to any fiscal year, all moneys in the fund, including the sum of all unexpended moneys carried over into that fiscal year and all moneys transferred to the fund under subsection (b) or any other provision of law with respect to that fiscal year, shall be allocated as follows: "(A) the Secretary shall use no less than 60 per centum of such moneys to make direct industry assistance grants to develop the United States fisheries and to expand domestic and foreign markets fbr United States fishery products pursuant to subsection (c) of this section; and "(B) the Secretary shall use the balance of the moneys in the fund to finance those activities of the National Marine Fisheries Service which are directly related to development of the United States fisheries pursuant to subsection (d) of this section. "(2) The Secretary shall, consistent with the number of meritorious applications received with respect to any fiscal year, obligate or expend all of the moneys in the fund described in paragraph (1). Any such moneys which are not expended in a given fiscal year shall remain available for expenditure in accordance with this section

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 PUBLIC LAW 97-424—JAN. 6, 1983 without fiscal year limitation, except that the Secretary shall not obligate such moneys at a rate less than that necessary to prevent the balance of moneys in the fund from exceeding $3,000,000 at the end of any fiscal year.". (b) The amendment made by subsection (a) of this section shall take effect on October 1, 1983.

96 STAT. 2165

Effective date. 15 USC 713C-3 note.

OCEAN DUMPING

SEC. 424. (a) Section 104 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1431(b)) is amended by adding the following new subsections at the end thereof: "(h) Notwithstanding any provision of title I of the Marine Protection, Research, and Sanctuaries Act of 1972 to the contrary, during the two-year period beginning on the date of enactment of this subsection, no permit may be issued under such title I that authorizes the dumping of any low-level radioactive waste unless the Administrator of the Environmental Protection Agency determines— "(1) that the proposed dumping is necessary to conduct research— "(A) on new technology related to ocean dumping, or "(B) to determine the degree to which the dumping of such substance will degrade the marine environment; "(2) that the scale of the proposed dumping is limited to the smallest amount of such material and the shortest duration of time that is necessary to fulfill the purposes of the research, such that the dumping will have minimal adverse impact upon human health, welfare, and amenities, and the marine environment, ecological systems, economic potentialities, and other legitimate uses; "(3) after consultation with the Secretary of Commerce, that the potential benefits of such research will outweigh any such adverse impact; and "(4) that the proposed dumping will be preceded by appropriate baseline monitoring studies of the proposed dump site and its surrounding environment. Each permit issued pursuant to this subsection shall be subject to such conditions and restrictions as the Administrator determines to be necessary to minimize possible adverse impacts of such dumping. "(i)(l) Two years after the date of enactment of this subsection, the Administrator may not issue a permit under this title for the disposal of radioactive waste material until the applicant, in addition to complying with all other requirements of this title, prepares, with respect to the site at which the disposal is proposed, a Radioactive Material Disposal Impact Assessment which shall include— "(A) a listing of all radioactive materials in each container to be disposed, the number of containers to be dumped, the structural diagrams of each container, the number of curies of each material in each container, and the exposure levels in rems at the inside and outside of each container; "(B) an analysis of the environmental impact of the proposed action, at the site at which the applicant desires to dispose of the material, upon human health and welfare and marine life; "(C) any adverse environmental effects at the site which cannot be avoided should the proposal be implemented;

33 USC 1414. Permit issuance. 33 USC 1411.

Radioactive Material Disposal Impact Assessment.

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 96 STAT. 2166

Consultation and public hearing results. Comprehensive monitoring plan.

Assessment, copy to congressional committees. Recommendation to Congress. Ocean dumping permit, restricted issuance.

"Resolution."

PUBLIC LAW 97-424—JAN. 6, 1983

"(D) an analysis of the resulting environmental and economic conditions if the containers fail to contain the radioactive waste material when initially deposited at the specific site; "(E) a plan for the removal or containment of the disposed nuclear material if the container leaks or decomposes; "(F) a determination by each affected State whether the proposed action is consistent with its approved Coastal Zone Management Program; "(G) an analysis of the economic impact upon other users of marine resources; "(H) alternatives to the proposed action; "(I) comments and results of consultation with State officials and public hearings held in the coastal States that are nearest to the affected areas; "(J) a comprehensive monitoring plan to be carried out by the applicant to determine the full effect of the disposal on the marine environment, living resources, or human health, which plan shall include, but not be limited to, the monitoring of exterior container radiation samples, the taking of water and sediment samples, and fish and benthic animal samples, adjacent to the containers, and the acquisition of such other information as the Administrator may require; and "(K) such other information which the Administrator may require in order to determine the full effects of such disposal. "(2) The Administrator shall include, in any permit to which paragraph (1) applies, such terms and conditions as may be necessary to ensure that the monitoring plan required under paragraph (1)(J) is fully implemented, including the analysis by the Administrator of the samples required to be taken under the plan. "(3) The Administrator shall submit a copy of the assessment prepared under paragraph (1) with respect to any permit to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Environment and Public Works of the Senate. "(4)(A) Upon a determination by the Administrator that a permit to which this subsection applies should be issued, the Administrator shall transmit such a recommendation to the House of Representatives and the Senate. "(B) No permit may be issued by the Administrator under this Act for the disposal of radioactive materials in the ocean unless the Congress, by approval of a resolution described in paragraph (D) within 90 days of continuous session of the Congress beginning on the date after the date of receipt by the Senate and the House of Representatives of such recommendation, authorizes the Administrator to grant a permit to dispose of radioactive material under this Act. "(C) For purposes of this subsection— "(1) continuity of session of the Congress is broken only by an adiournment sine die; '(2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the 90 day calendar period. "(D) For the purposes of this subsection, the term 'resolution' means a joint resolution, the resolving clause of which is as follows: 'That the House of Representatives and the Senate approve and authorize the Administrator of the Environmental Protection Agency to grant a permit under the Marine Protection, Research,

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and Sanctuaries Act of 1972 to dispose of radioactive materials in the ocean as recommended by the Administrator to the Congress on, 19 '; the first blank space therein to be filled with the appropriate applicant to dispose of nuclear material and the second blank therein to be filled with the date on which the Administrator submits the recommendation to the House of Representatives and the Senate.".

33 USC 1401 note.

THE MERCHANT MARINE ACT, 1936

SEC. 425. Section 1103(f) of the Merchant Marine Act, 1936 (46 U.S.C. 1273(f)), is amended by adding at the end thereof the following new sentence: "No additional limitations may be imposed on new commitments to guarantee loans for any fiscal year, except in such amounts as established in advance in annual authorization Acts. No vessel eligible for guarantees under this title shall be denied eligibility because of its type.". AIRPORT AND AIRWAY DEVELOPMENT PROGRAM

SEC. 426. (a) Section 507(a) of the Airport and Airway Improvement Act of 1982 (title V, Public Law 97-248, 96 Stat. 679) is amended by redesignating paragraph (3) as paragraph (3)(A) and adding immediately thereafter a new subparagraph (B) as follows: "(B) There is hereby established a supplementary discretionary fund consisting of those amounts to be credited to such fund pursuant to section 505(a) of this title. Amounts in the supplementary discretionary fund shall be distributed by the Secretary in the same manner and for the same purposes as funds distributed pursuant to subparagraph (A) except that (i) such amounts may only be distributed for projects involving construction, reconstruction, or repair begun after the date of enactment of this subparagraph and not to pay for any such work begun before such date, and (ii) the Secretary shall give preference to those projects that increase the safety or capacity of the airport receiving such funds. If any Act of Congress has the effect of limiting or reducing the amount authorized or available to be obligated for any fiscal year for the purposes of section 505, the Secretary shall implement such limitation or reduction by deferring the distribution of a corresponding amount of supplementary discretionary funds until a subsequent fiscal year. In no event may the Secretary reduce any other apportionment or distribution under this section in order to comply with any such Congressional limitation or reduction unless all of the supplementary discretionary funds available for distribution in such year have been deferred until a subsequent fiscal year.", (b) Section 505(a) of such Act is amended by— (1) striking out "$1,050,000,000" and inserting in lieu thereof $1,250,000,000, of which $200,000,000 shall be credited to the supplementary discretionary fund established by paragraph (3)(B) of section 507(a) of this title"; (2) striking out "$1,843,500,000" and inserting in lieu thereof "$2,243,500,000, of which $400,000,000 shall be credited to such fund";

49 USC 2206.

Supplementary discretionary fund. Distribution.

Limitation or reduction.

Ante, p. 676.

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Ante, p. 677.

Ante, p. 679.

26 USC 9502.

PUBLIC LAW 97-424—JAN. 6, 1983

(3) striking out "$2,755,500,000" and inserting in lieu thereof "$3,230,500,000, of which $475,000,000 shall be credited to such fund"; (4) striking out "$3,772,500,000" and inserting in lieu thereof "$4,247,500,000, of which $475,000,000 shall be credited to such fund"; (5) striking out "$4,789,700,000" and inserting in lieu thereof "$5,264,700,000 of which $475,000,000 shall be credited to such fund"; and (6) adding at the end thereof the following new sentence: "TTiose amounts credited to the supplementary discretionary fund pursuant to this subsection shall not be subject to any of the apportionments or distributions set forth in sections 507(a)(l), (2), (3)(A), or 508(d) of this title.". (c) The first sentence of section 506(c)(2) of such Act is amended by striking out ever3rthing after "section 505" and inserting in lieu thereof "for that fiscal year multiplied by a factor equal to 1.83 in the case of fiscal year 1983; 1.25 in the case of fiscal year 1984; 1.28 in the case of fiscal year 1985; 1.28 in the case of fiscal year 1986; and 1.34 in the case offiscalyear 1987.". (d) The second sentence of section 507(a)(l)(E) of such Act is amended by inserting ", after complying with the provisions of paragraph (3)(B) of this subsection," immediately after "the Secretary". (e) Section 9502(d)(l)(A) of the Internal Revenue Code of 1954 is amended by striking out "the Airport and Airway Improvement Act of 1982", the second time it appears therein, and inserting in lieu thereof "the Surface Transportation Assistance Act of 1982". CODIFICATION CORRECTIONS

SEC. 427. Section 11909(b) of title 49, United States Code, is amended by inserting after "chapter 105 of this title" the following: ", or subject to the jurisdiction of the Commission prior to enactment of the Department of Transportation Act,". (b) Section 11914(b) of title 49, United States Code, is amended by inserting after "chapter 105 of this title," the following: "or subject to the jurisdiction of the Commission prior to enactment of the Department of Transportation Act,".

^?enuAct o f 198V

' °

TITLE V—HIGHWAY REVENUE ACT OF 1982

Subtitle AShort Title; Table of Contents; Amendment of 1954 Code SEC. 501. SHORT TITLE; TABLE OF CONTENTS.

26 USC 1 note.

(a) SHORT TITLE.—This title may be cited as the "Highway Revenue Act of 1982". (b) TABLE OF CONTENTS.— TITLE V—fflGHWAY REVENUE ACT OF 1982 Subtitle A—Short Title; Table of Contents; Amendment of 1954 Code Sec. 501. Short title; table of contents.

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 PUBLIC LAW 97-424—JAN. 6, 1983

96 STAT. 2169

Sec. 502. Amendment of 1954 Code. Subtitle B—Tax Changes Sec. 511. Motor fuel taxes. Sec. 512. Excise tax on heavy trucks. Sec. 513. Heavy truck use tax. Sec. 514. Taxes on heavy truck tires. Sec. 515. Repeal of tax on lubricating oil. Sec. 516. Period taxes and exemptions in effect. Sec. 517. Treatment of certain motor carrier operating authorities acquired by taxpayers other than corporations. Sec. 518. Extension of payment due date for certain fuel taxes. Subtitle C—Floor Stocks Provisions Sec. 521. Floor stocks taxes. Sec. 522. Floor stocks refunds. Sec. 523. Definitions and specied rules. Subtitle D—Highway Trust Fund; Mass Transit Account Sec. 531. 4-year extension of Highway Trust Fund; codification of Trust Fund in Internal Revenue Code of 1954; establishment of Mass Transit Account. Subtitle E—Miscellaneous Provisions Sec. 541. Tax treatment of public utility property. Sec. 542. No return required of individual whose only gross income is grant of $1,000 from State. Sec. 543. Deduction for conventions on cruise ships. Sec. 544. Additional weeks of Federal supplemental compensation. Sec. 545. Exclusion of certain home energy assistance from income under SSI and AFDC. Sec. 546. Modifications to chlor-alkali electrolsrtic cells. Sec. 547. Interest exempt other than under the Internal Revenue Code of 1954. SEC. 502. AMENDMENT OF 1954 CODE.

Except as otherwise expressly provided therein, whenever in subtitle B 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 the Internal Revenue Ckxie of 1954.

26 USC i et seq.

Subtitle B—Tax Changes SEC. 511. MOTOR FUEL TAXES. (a) TAXES ON GASOLINE, DIESEL FUEL, AND SPECIAL MOTOR FUEI^S INCREASED FROM 4 CENTS A GALLON TO 9 CENTS A GALLON.— (1) GASOLINE TAX.—Subsection (a) of section 4081 (relating to

26 USC 4081.

tax on gasoline) is amended by striking out "4 cents a gallon" and inserting in lieu thereof "9 cents a gallon". (2) DIESEL FUEL AND SPECIAL MOTOR FUELS.—Section 4041 26use404i. (relating to tax on diesel fuel and special motor fuels) is amended by striking out subsections (a) and (b) and inserting in lieu thereof the following:

"(a) DIESEL FUEL AND SPECIAL MOTOR FUELS.— "(1) DIESEL FUEL.—There is hereby imposed

a tax of 9 cents a gallon on any liquid (other than any product taxable under section 4081)— "(A) sold by any person to an owner, lessee, or other operator of a diesel-powered highway vehicle for use as a fuel in such vehicle, or

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 96 STAT. 2170

PUBLIC LAW 97-424—JAN. 6, 1983 "(B) used by any person as a fuel in a diesel-powered highway vehicle unless there was a taxable sale of such liquid under subparagraph (A). "(2) SPECIAL MOTOR FUELS.—There is hereby imposed a tax of 9 cents a gallon on benzol, benzene, naphtha, liquefied petroleum gas, casing head and natural gasoline, or any other liquid (other than kerosene, gsis oil, or fuel oil, or any product taxable under section 4081 or paragraph (1) of this subsection)— "(A) sold by any person to an owner, lessee, or other operator of a motor vehicle or motorboat for use as a fuel in such motor vehicle or motorboat, or "(B) used by any person as a fuel in a motor vehicle or motorboat unless there was a taxable sale of such liquid under subparagraph (A)." (b) EXEMPTION FOR METHANOL AND ETHANOL FUELS.—

26 USC 4041.

(1) IN GENERAL.—Section 4041 is amended by adding at the end of the subsection (b) inserted by subsection (c) of this section the following new paragraph: "(2) QUALIFIED METHANOL AND ETHANOL FUEL.—

(A) IN GENERAL.—No tax shall be imposed by subsection (a) on any qualified methanol or ethanol fuel. "(B) QUALIFIED METHANOL OR ETHANOL FUEL.—The term 'qualified methanol or ethanol fuel' means any liquid at least 85 percent of which consists of methanol, ethanol, or other alcohol produced from a substance other than petroleum or natural gas. "(C) TERMINATION.—On and after October 1, 1988, subparagraph (A) shall not apply." 26 USC 44E.

(2) COORDINATION WITH CREDIT.—Subsection (c) of section 44E

(relating to coordination of credit for alcohol used as a fuel with exemption from excise tax) is amended by striking out "section 4041(k) or 4081(c)" and inserting in lieu thereof "subsection (b)(2) or (k) of section 4041 or section 4081(c)". (c) EXEMPTION FOR OFF-HIGHWAY BUSINESS USE.—

26 USC 6421.

(1) GASOLINE.—Subsection (a) of section 6421 (relating to nonhighway use of gasoline) is amended by striking out the first sentence auid inserting in lieu thereof the following: "Except as provided in subsection (i), if gasoline is used in an off-highway business use, the Secretary shall pay (without interest) to the ultimate purchaser of such gasoline an amount equal to the amount determined by multiplying the number of gallons so used by the rate at which tax was imposed on such gasoline under section 4081."

26 USC 4041.

(2) DIESEL FUEL AND SPECIAL MOTOR FUELS.—Section 4041 is

amended by inserting after subsection (a) the following new subsection: "(b) EXEMPTION FOR OFF-HIGHWAY BUSINESS USE; EXEMPTION FOR QUALIFIED METHANOL AND ETHANOL FUEL.— "(1) EXEMPTION FOR OFF-HIGHWAY BUSINESS USE.—

"(A) IN GENERAL.—No tax shall be imposed by subsection (a) on liquids sold for use or used in an off-highway business use. "(B) TAX WHERE OTHER USE.— If a liquid on which no tax

was imposed by reason of subparagraph (A) is used otherwise than in an off-highway business use, a tax shall be imposed by paragraph (I)(B) or (2)(B) of subsection (a) (whichever is appropriate).

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96 STAT. 2171

" ( O OFF-HIGHWAY BUSINESS USE DEFINED.—For purposes

of this subsection, the term 'off-highway business use has the meaning given to such term by section 6421(d)(2)." (3) CLERICAL AMENDMENTS.—

(A) Subparagraphs (A) and (B) of section 6421(d)(2) are 26 USC 6421. each amended by striking out "qualified business use" and inserting in lieu thereof "off-highway business use". (B) The heading for paragraph (2) of section 6421(d) is amended by striking out "QUALIFIED" and inserting in lieu thereof "OFF-HIGHWAY". (d) RATES OF TAX FOR GASOHOL.— (1) AMENDMENTS OF SECTION 4081.—

26 USC 408i.

(A) IN GENERAL.—Paragraph (1) of section 4081(c) (relating to gasoline mixed with alcohol) is amended by striking out "no tax shall be imposed by this section on the sale of any gasoline" and inserting in lieu thereof "subsection (a) shall be applied by substituting '4 cents' for '9 cents' in the case of the sale of any gasoline". (B) TREATMENT OF LATER SEPARATION.—

(i) Paragraph (2) of section 4081(c) is amended by striking out tax was not imposed by reason of this subsection" and inserting in lieu thereof "tax was imposed under subsection (a) at the rate of 4 cents a gallon by reason of this subsection". (ii) Paragraph (2) of section 4081(c) is amended by adding at the end thereof the following new sentence: "The amount of tax imposed on any sale of such gasoline by such person shall be 5 cents a gallon." (2) AMENDMENT OF SECTION 4041.—Subsection (k) of section 26 USC 404i. 4041 (relating to fuels containing alcohol) is amended to read as follows: "(k) FUELS CONTAINING ALCOHOL.—

"(1) IN GENERAL.—Under regulations prescribed by the Secretary, in the case of the sale or use of any liquid fuel at least 10 percent of which consists of alcohol (as defined in section 4081(c)(3))— "(A) subsection (a) shall be applied by substituting *4 cents' for '9 cents' each place it appears, and "(B) no tax shall be imposed by subsection (c). "(2) LATER SEPARATION.—If any person separates the liquid fuel from a mixture of the liquid fuel and alcohol to which paragraph (1) applied, such separation shall be treated as a sale of the liquid fuel. Any tax imposed on such sale shall be reduced by the amount (if any) of the tax imposed on the sale of such mixture. "(3) TERMINATION.—Paragraph (1) shall not apply to any sale or use after December 31, 1992. (3) CREDIT FOR ALCOHOL USED AS A FUEL.—Section 44E (relating

26 USC 44E.

to alcohol used as a fuel) is amended— (A) by striking out "40 cents" each place it appears and inserting in lieu thereof "50 cents", and (B) by striking out "30 cents" each place it appears and inserting in lieu thereof "37.5 cents". (4) AMENDMENTS OF SECTION 6427.Subsection (f) of section 26 USC 6427. 6427 is amended to read as follows: "(f) GASOLINE USED TO PRODUCE CERTAIN ALCOHOL FUELS.—

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Page:United States Statutes at Large Volume 96 Part 2.djvu/810

 96 STAT. 2172

PUBLIC LAW 97-424—JAN. 6, 1983 "(1) IN GENERAL.—Except as provided in subsection (i), if any gasoline on which a tax is imposed by section 4081 at the rate of 9 cents a gallon is used by any person in producing a mixture described in section 4081(c) which is sold or used in such person's trade or business, the Secretary shall pay (without interest) to such person an amount equal to the amount determined at the rate of 5 cents a gallon. The preceding sentence shall not apply with respect to any mixture sold or used after December 31, 1992. "(2) COORDINATION WITH OTHER REPAYMENT PROVISIONS.—No

amount shall be payable under paragraph (1) with respect to any gasoline with respect to which an amount is payable under vii 6421." •' b
 * subsection (d) or (e) of this section or under section 6420 or

(5) T A R I F F ON ALCOHOL IMPORTED FOR USE AS A FUEL.—Item901.50

of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by striking out "40 cents per gal." each place it appears and inserting in lieu thereof "50 cents per gal." (e) USE IN CERTAIN TAXICABS.— 26 USC 6427.

(1) IN GENERAL.—Paragraph (1) of section 6427(e) (relating to use in certain taxicabs) is amended by striking out "an amount equal to the aggregate amount of the tax imposed on such gasoline or fuel" and inserting in lieu thereof "an amount determined at the rate of 4 cents a gallon". (2) EXTENSION OF REPAYMENT.—Paragraph (3) of section 6427(e) (relating to termination) is amended by striking out "December 31, 1982" and inserting in lieu thereof "September 30, 1984". (3) SUSPENSION OF SHARED TRANSPORTATION REQUIREMENT.—

Report and recommendations to Congress. 26 USC 6427 note.

Clause (ii) of section 6427(e)(2)(A) (relating to qualified taxicab services) is amended to read as follows: "(ii) is not prohibited by company policy from furnishing (with the consent of the passengers) shared transportation.'' (4) STUDY.—The Secretary of the Treasury or his delegate shall conduct a study of the reduced rate of fuels taxes provided for taxicabs by section 6427(e) of the Internal Revenue Code of 1954. Not later than January 1, 1984, the Secretary shall transmit a report on the study conducted under the preceding sentence to the Congress, together with such recommendations as he may deem advisable. (f) REFUND OF MOTOR FUEL TAXES TO AERIAL AND OTHER APPLICATORS OF AGRICULTURAL SUBSTANCES.—Paragraph (4) of section

26 USC 6420.

6420(c) (defining use on a farm for farming purposes) is amended to read as follows: "(4) CERTAIN FARMING USE OTHER THAN BY OWNER, ETC.—In

applying paragraph (3)(A) to a use on a farm for any purpose described in paragraph (3)(A) by any person other than the owner, tenant, or operator of such farm— "(A) the owner, tenant, or operator of such farm shall be treated as the user and ultimate purchaser of the gasoline, except that "(B) if— "(i) the person so using the gasoline is an aerial or other applicator of fertilizers or other substances and is the ultimate purchaser of the gasoline, and

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96 STAT. 2173

"(ii) the person described in subparagraph (A) waives (at such time and in such form and manner as the Secretary shall prescribe) his right to be treated as the user and ultimate purchaser of the gasoline, then subparagraph (A) of this paragraph shall not apply and the aerial or other applicator shall be treated as having used such gasoline on a farm for farming purposes." (g) TECHNICAL AND CONFORMING AMENDMENTS.— (1) GASOLINE USED IN NONCOMMERCIAL AVIATION.—Paragraph

(3) of section 4041(c) (relating to noncommercial aviation) is 26 USC 4041. amended to read as follows: "(3) RATE OF TAX.—The rate of tax imposed by paragraph (2) on any gasoline is the excess of 12 cents a gallon over the rate at which tax was imposed on such gasoline under section 4081." (2) COMPORMING AMENDMENTS.—

(A) Paragraph (2) of section 6416(b) is amended by strik- 26 USC 6416. ing out "section 4041(a)(1) or (b)(l)" and inserting in lieu thereof "paragraph (I)(A) or (2)(A) of section 4041(a)^'. (B) Subsection (a) of section 6427 is amended by striking 26 USC 6427. out "section 4041(a), (b), or (c)" and inserting in lieu thereof "section 4041(a) or (c)". (C) Paragraph (1) of section 6427(b) is amended by striking out "subsection (a) or (b) of section 4041" each place it appears and inserting in lieu thereof "subsection (a) of section 4041". (D) Subsection (c) of section 6427 is amended by striking out "section 4041(a), (b) or (c)" and inserting in lieu thereof "section 4041(a) or (c)". (h) EFFECTIVE DATE.— 26 USC 404i (1) IN GENERAL.—Except as otherwise provided in this subsec- ^°^tion, the amendments made by this section shall take effect on April 1, 1983. (2) TARIFF ON IMPORTED ALCOHOL.—The amendment made by subsection (d)(5) shall apply with respect to articles entered, or withdrawn from warehouse for consumption, after March 31, 1983. (3) FOR SUBSECTION (e)(2).—The amendment made by subsection (e)(2) shall take effect on January 1, 1983. (4) SHARED TRANSPORTATION REQUIREMENT.—The amendment

made by subsection (e)(3) shall apply with respect to fuel purchased after December 31, 1982, and before January 1, 1984. SEC. 512. EXCISE TAX ON HEAVY TRUCKS. (a) CHANGES IN EXISTING MANUFACTURERS EXCISE TAX.— (1) INCREASE IN THRESHOLD WEIGHTS.—Paragraph (2) of

section 4061(a) (relating to exclusion for light-duty trucks, etc.) is 26 USC 4061. amended to read as follows: "(2) EXCLUSION FOR TRUCKS WITH GROSS VEHICLE WEIGHT OF 33,000 P O U N D S OR LESS, AND CERTAIN TRAILERS.—

"(A) The tax imposed by paragraph (1) shall not apply to automobile truck chassis and automobile truck bodies, suitable for use with a vehicle which has a gross vehicle weight of 33,000 pounds or less (as determined under regulations prescribed by the Secretary). "(B) The tax imposed by paragraph (1) shall not apply to truck trailer and semitrailer chassis and bodies, suitable for use with a trailer or semitrailer which has a gross vehicle

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 96 STAT. 2174

PUBLIC LAW 97-424—JAN. 6, 1983 weight of 26,000 pounds or less (as determined under regulations prescribed by the Secretary)."

26 USC 4061.

(2) REPEAL OF TAX ON PARTS AND ACCESSORIES, TERMINATION OF TAX IMPOSED AT MANUFACTURES LEVEL.—Section 4061 is

amended by adding at the end thereof the following new subsection: "(c) TERMINATION.— "(1) TAX ON PARTS AND ACCESSORIES.—On and after the

day

after the date of the enactment of this subsection, the tax imposed by subsection (b) shall not apply. "(2) TAX ON TRUCKS.—On and after April 1, 1983, the tax imposed by subsection (a) shall not apply." (3) EXEMPTION OF CERTAIN RAIL TRAILERS AND VANS.—Subsec-

26 USC 4063.

26 USC 4061 note.

tion (a) of section 4063 (relating to exemptions for specified articles) is amended by adding at the end thereof the following new paragraph: "(8) RAIL TRAILERS AND RAIL VANS.—The tax imposed under section 4061 shall not apply in the case of— "(A) any chassis or body of a trailer or semitrailer which is designed for use both as a highway vehicle and a railroad car, and "(B) any parts or accessories designed primarily for use on or in connection with an article described in subparagraph (A). For purposes of this paragraph, a piggy-back trailer or semitrailer shall not be treated as designed for use as a railroad car." (4) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on the day after the date of the enactment of this Act. (b) IMPOSITION OF RETAIL TAX ON SALE OF HEAVY TRUCKS AND TRAILERS.—

(1) IN GENERAL.—Chapter 31 is amended by adding at the end thereof the following new subchapter:

"Subchapter B—Heavy Trucks and Trailers "Sec. 4051. Imposition of tax on heavy trucks and trailers sold at retail. "Sec. 4052. Definitions and special rules. "Sec. 4053. Exemptions. 26 USC 4051.

"SEC. 4051. IMPOSITION OF TAX ON HEAVY TRUCKS AND TRAILERS SOLD AT RETAIL. "(a) IMPOSITION OF TAX.—

"(1) IN GENERAL.—There is hereby imposed on the first retail sale of the following articles (including in each case parts or accessories sold on or in connection therewith or with the sale thereof) a tax of 12 percent of the amount for which the article is so sold: "(A) Automobile truck chassis. "(B) Automobile truck bodies. "(C) Truck trailer and semitrailer cheissis. "(D) Truck trailer and semitrailer bodies. "(E) Tractors of the kind chiefly used for highway transportation in combination with a trailer or semitrailer. "(2) EXCLUSION FOR TRUCKS WEIGHING 33,000 POUNDS OR LESS.—The tax imposed by paragraph (1) shall not apply to

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96 STAT. 2175

automobile truck chassis and automobile truck bodies, suitable for use with a vehicle which has a gross vehicle weight of 33,000 pounds or less (as determined under regulations prescribed by the Secretary). "(3)

EXCLUSION FOR TRAILERS WEIGHING 26,OOO POUNDS OR

LESS.—The tax imposed by paragraph (1) shall not apply to truck trailer and semitrailer chassis and bodies, suitable for use with a trailer or semitrailer which has a gross vehicle weight of 26,000 pounds or less (as determined under regulations prescribed by the Secretary. "(4) SALE OF TRUCKS, ETC., TREATED AS SALE OF CHASSIS AND

BODY.—For purposes of this subsection, a sale of an automobile truck or truck trailer or semitrailer shall be considered to be a sale of a chassis and of a body described in paragraph (1). "(b) SEPARATE PURCHASE OF TRUCK OR TRAILER AND PARTS AND ACCESSORIES THEREFOR.—Under regulations prescribed by the

Secretary— "(1) IN GENERAL.—If—

"(A) the owner, lessee, or operator of any vehicle which contains an article taxable under subsection (a) installs (or causes to be installed) any part or accessory on such vehicle, and "(B) such installation is not later than the d^te 6 months after the date such vehicle (as it contains such article) was first placed in service, then there is hereby imposed on such installation a tax equal to 12 percent of the price of such part or accessory and its installation. "(2) EXCEPTIONS.—Paragraph (1) shall not apply if— "(A) the part or accessory installed is a replacement pgirt or accessory, or "(B) the aggregate price of the parts and accessories (and their installation) described in paragraph (1) with respect to any vehicle does not exceed $200 (or such other amount or amounts as the Secretary may by regulations prescribe). "(3) INSTALLERS SECONDARILY LIABLE FOR TAX.—In addition to

the owner, lessee, or operator of the vehicle, the owner of the trade or business installing the part or accessory shall be liable for the tax imposed by paragraph (1). "(c) TERMINATION.—On and after October 1, 1988, the taxes imposed by this section shall not apply. (d) TRANSITIONAL RULE.—In the case of any article taxable under subsection (a) on which tax was imposed under section 4061(a), subsection (a) shall be applied by substituting '2 percent' for '12 percent'. "SEC. 4052. DEFINITIONS AND SPECIAL RULES. "(a) FIRST RETAIL SALE.—For purposes of this subchapter—

"(1) IN GENERAL.—The term 'first retail sale' means the first sale, for a purpose other than for resale, after manufacture, production, or importation. "(2) LEASES CONSIDERED AS SALES.—Rules similar to the rules of section 4217 shall apply. "(3) USE TREATED AS SALE.—

"(A) IN GENERAL.—If any person uses an article taxable under section 4051 before the first retail sale of such article, then such person shall be liable for tax under section 4051

26 USC 4052.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/814

 96 STAT. 2176

PUBLIC LAW 97-424—JAN. 6, 1983 in the same manner as if such article were sold at retail by him. "(B)

EXEMPTION FOR USE IN FURTHER MANUFACTURE.—

Subparagraph (A) shall not apply to use of an article as material in the manufacture or production of, or as a component part of, another article to be manufactured or produced by him. "(C) COMPUTATION OP TAX.—In the case of any person made liable for tax by subparagraph (A), the tax shall be computed on the price at which similar articles are sold at retail in the ordinary course of trade, as determined by the Secretary. "(b) DETERMINATION OF PRICE.—

"(1) IN GENERAL.—In determining price for purposes of this subchapter— "(A) there shall be included any charge incident to placing the article in condition ready for use, "(B) there shall be excluded— "(i) the amount of the tax imposed by this subchapter, "(ii) if stated as a separate charge, the amount of any retail sales tax imposed by any State or political subdivision thereof or the District of Columbia, whether the liability for such tax is imposed on the vendor or vendee, and "(iii) the fair market value (including any tax imposed by section 4071) at retail of any tires (not including any metal rim or rim base), and "(C) the price shall be determined without regard to any trade-in. "(2) SALES NOT AT ARM'S LENGTH.—In the case of any article sold (otherwise than through an arm's-length transaction) at less than the fair market price, the tax under this subchapter shall be computed on the price for which similar articles are sold at retail in the ordinary course of trade, as determined by the Secretary. "(c) CERTAIN COMBINATIONS NOT TREATED AS MANUFACTURE.—For

purposes of this subchapter (other than subsection (a)(3)(B)), a person shall not be treated as engaged in the manufacture of any article by reason of merely combining such article with any equipment or other item listed in section 4063(d). "(d) CERTAIN OTHER RULES MADE APPLICABLE.—Under regulations prescribed by the Secretary, rules similar to the rules of—"(1) subsections (c) and (d) of section 4216 (relating to partial payments), and (2) section 4222 (relating to registration), shall apply for purposes of this subchapter. 26 USC 4053.

"SEC. 4053. EXEMPTIONS.

"(a) EXEMPTION OP SPECIFIED ARTICLES.—No tax shall be imposed under section 4051 on any article specified in subsection (a) of section 4063. "(b) CERTAIN EXEMPTIONS MADE APPLICABLE.—The exemptions rovided by section 4221(a) are hereby extended to the tax imposed y section 4051."

E

(2) TECHNICAL AND CONFORMING AMENDMENTS.—

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96 STAT. 2177

(A) Chapter 31 is amended by striking out the chapter heading and inserting in lieu thereof the following:

"CHAPTER 31—RETAIL EXCISE TAXES "SUBCHAPTER A. Special fuels. "SUBCHAPTER B. Heavy trucks and trailers.

"Subchapter A—Special Fuels". (B) The table of chapters for subtitle D is amended by striking out the item relating to chapter 31 and inserting in lieu thereof the following new item: "Chapter 31. Retail excise taxes." (C) Paragraph (2) of section 6416(b), as amended by this 26 USC 6416. Act, is amended by inserting "or under section 4051" after "section 4041(a)". (D) Paragraph (1) of section 6416(a) is amended by striking out "chapter 31 (special fuels)" and inserting in lieu thereof "chapter 31 (relating to retail excise taxes)". (3) EFFECTIVE DATE.—The amendments made by this subsec- 26 USC 4051 tion shall take effect on April 1, 1983. "°^SEC. 513. HEAVY TRUCK USE TAX.

(a) INCREASE IN RATE OF TAX.—Subsection (a) of section 4481 (relating to imposition of tax) is amended to read as follows:

26 USC 4481.

"(a) IMPOSITION OF TAX.—A tax is hereby imposed on the use of any

highway motor vehicle which (together with the semitrailers and trailers customarily used in connection with highway motor vehicles of the same type as such highway motor vehicle) has a taxable gross weight of at least 33,000 pounds at the rate specified in the following table: "(1) IN GENERAL.— "Taxable gross weight At least 33,000 pounds

But less than 55,000 pounds

55,000 pounds

80,000 pounds

80,000 pounds or more

Rate of tax $50 a year, plus $25 for each 1,000 pounds or fraction thereof in excess of 33,000 pounds. $600 a year, plus the applicable rate for each 1,000 pounds or fraction thereof in excess of 55,000 pounds. The maximum tax a year."

"(2) DEFINITIONS.—For purposes of paragraph (1)— "In the case of the taxable period beginning on July 1 of: The applicable rate is: 1984 $40 1985 40 1986. 44 1987 48 1988 or thereafter .52

The maximum tax is: $1,600 1,600 1,700 1,800 1,900."

(b) EXEMPTION WHERE TRUCK USED FOR LESS THAN 5,000 MILES ON PUBLIC HIGHWAYS.—Section 4483 (relating to exemptions from high- 26 USC 4483.

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