Page:United States Statutes at Large Volume 94 Part 2.djvu/744

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 2022

Commission authority.

49 USC 10101. 49 USC 10708.

PUBLIC LAW 96-454—OCT. 15, 1980

"(9) Notwithstanding the provisions of paragraph (4) of this subsection, the provisions of paragraph (1) of this subsection (other than subparagraph (A)) shall not apply to applications under this subsection for authority to provide transportation for the United States Government of used household goods which transportation is incidental to a pack and crate service on behalf of the Department of Defense." (b) Subsection Qoi) of section 10721 of title 49, United States Code, is amended— (1) by inserting before the period at the end of paragraph (1) of such subsection the following: "; except that any rates for the transportation of household goods for the United States Government shall not be predatory". (2) by adding at the end of such subsection the following new paragraph: "(3) Nothing in this subsection shall limit the Commission's authority to suspend and investigate proposed rates for the transportation of household goods for the United States Government on the basis that such rates constitute predatory practices in contravention of the transportation policy set forth in section 10101(a) of this title. However, pending final Commission action in a proceeding under section 10708 of this title to determine whether a proposed rate for the transportation of household goods for the United States Government under this subsection is predatory or not, the Commission may suspend the proposed rate under subsection (b) of such section 10708 only if it appears from specific facts shown by the verified complaint of a person that— "(A) without suspension, the proposed rate will cause substantial injury to the complainant; and "(B) it is likely that the complainant will prevail on the merits.".