PREEMPTION OF INTRASTATE TRANSPORTATION OF PROPERTY.

SEC. 601. PREEMPTION OF INTRASTATE TRANSPORTATION OF PROPERTY. (a) Findings.— Congress finds and declares that— (1) the regulation of intrastate transportation of property by the States has— (A) imposed an unreasonable burden on interstate commerce; (B) impeded the free flow of trade, traffic, and transportation of interstate commerce; and (C) placed an unreasonable cost on the American consumers; and (2) certain aspects of the State regulatory process should be preempted. (b) Transportation by air carrier or carrier affiliated with a direct air carrier.— (1) In General.— Section 41713(b) is amended by adding at the end the following new paragraph: “(4) Transportation by air carrier or carrier affiliated with a direct air carrier.— “(A) General rule.— Except as provided in subparagraph (B), a State, political subdivision of a State, or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier or carrier affiliated with a direct air carrier through common controlling ownership when such carrier is transporting property by aircraft or by motor vehicle (whether or not such property has had or will have a prior or subsequent air movement). “(B) Matters not covered.— Subparagraph (A)— “(i) shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the author-108 STAT. 1606ity of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle or the hazardous nature of the cargo, or the authority of a State to regulate motor carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization; and “(ii) does not apply to the transportation of household goods, as defined in section 10102 of this title. “(C) Applicability of Paragraph (1).— This paragraph shall not limit the applicability of paragraph (1).”. (2) Conforming amendments.— (A) Section 41713.— Section 41713(b)(2) is amended by striking “Paragraph (1) of this subsection does” and inserting “Paragraphs (1) and (4) of this subsection do”. (B) Section 40102.— Section 40102(a)(35) is amended by striking “for air transportation”. (C) Section 10521.— Section 10521(b)(1) is amended by striking “and 11501(e)” and inserting, “11501(e), and 11501(h)”. (c) Transportation by Motor Carrier.— Section 11501 is amended by adding at the end the following new subsection: “(h) Preemption of State Economic Regulation of Motor Carriers.— “(1) General rule.— Except as provided in paragraphs (2) and (3), a State, political subdivision of a State, or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of any motor carrier (other than a carrier affiliated with a direct air carrier covered by section 41713(b)(4) of this title) or any motor private carrier with respect to the transportation of property. “(2) Matters not covered.— Paragraph (1)— “(A) shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the authority of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle or the hazardous nature of the cargo, or the authority of a State to regulate motor carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization; and “(B) does not apply to the transportation of household goods. “(3) State standard transportation practices.— “(A) Continuation.— Paragraph (1) shall not affect any authority of a State, political subdivision of a State, or political authority of 2 or more States to enact or enforce a law, regulation, or other provision, with respect to the intrastate transportation of property by motor carriers, related to— “(i) uniform cargo liability rules, “(ii) uniform bills of lading or receipts for property being transported, “(iii) uniform cargo credit rules, or “(iv) antitrust immunity for joint line rates or routes, classifications and mileage guides,108 STAT. 1607 if such law, regulation, or provision meets the requirements of subparagraph (B). “(B) Requirements.— A law, regulation, or provision of a State, political subdivision, or political authority meets the requirements of this subparagraph if— “(i) the law, regulation, or provision covers the same subject matter as, and compliance with such law, regulation, or provision is no more burdensome than compliance with, a provision of this subtitle or a regulation issued by the Interstate Commerce Commission or the Secretary of Transportation under this subtitle; and “(ii) the law, regulation, or provision only applies to a carrier upon request of such carrier. “(C) Election.— Notwithstanding any other provision of law, a carrier affiliated with a direct air carrier through common controlling ownership may elect to be subject to a law, regulation, or provision of a State, political subdivision, or political authority under this paragraph.”. (d) Effective Date.— This section and the amendments made by this section shall take effect on January 1, 1995; except that with respect to the State of Hawaii the amendment made by subsection (c) shall take effect on the last day of the 3-year period beginning on the date of the enactment of this Act.