Page:United States Statutes at Large Volume 54 Part 1.djvu/956

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PUBLIC LAWS-CH. 722-SEPT. 18 , 1940 Hearings. Application accom- panied by certificate of State board, etc., effect. Exempted motor carriers. Effect of State regu- lation. Applications here- under. 49 Stat. 547. 49U.S. C.,Supp.V, §304 (a) (7). Inquiry into busi- ness management. Codes of fair compe- tition. 49 Stat. 547. 49 U. 8. C ., Supp.V, 304 (b). Rehearing. Relettering of sub- sections. Textual changes. 49 Stat. 548. 49U. .C., Snpp. V, 6305. the time the certificate of exemption pertaining to such carrier or carriers became effective. No certificate of exemption shall be denied, and no order of revocation shall be issued, under this subparagraph, except after reasonable opportunity for hearing to interested parties. Where an application is made in good faith for the exemption of a motor carrier under this subparagraph, accompanied by a certificate of a State board of the State in which the operations of such carrier are carried on stating that in the opinion of such board such carrier is entitled to a certificate of exemption under this subparagraph, such carrier shall be exempt from the provisions of this part begin- ning with the sixtieth day following the making of such application to the Commission unless prior to such time the Commission shall have by order denied such application, and such exemption shall be effective until such time as the Commission, after such sixtieth day, may by order deny such application or may by order revoke all or any part thereof as hereinbefore authorized. In any case where a motor carrier has become exempt from the provisions of this part as provided in this subparagraph, it shall not be considered to be a burden on interstate or foreign commerce for a State to regulate such carrier with respect to the operations covered by such exemp- tion. Applications under this subparagraph shall be made in writ- ing to the Commission, verified under oath, and shall be in such form and contain such information as the Commission shall by regulations require." AMENDMENTS TO SECTIONS 204, 205 , AND 206 SEC. 20. (a) Paragraph (7) of subsection (a) of section 204 of the Interstate Commerce Act, as amended, is amended to read as follows: "(7) For purposes of the administration of the provisions of this part, to inquire into the management of the business of motor carriers and brokers, and into the management of the business of persons con- trolling, controlled by, or under common control with, motor carriers to the extent that the business of such persons is related to the man- agement of the business of one or more motor carriers, and the Commission shall keep itself informed as to the manner and method in which the same are conducted, and may obtain from such carriers and persons such information as the Commission deems necessary to carry out the provisions of this part; and may transmit to Congress from time to time, such recommendations (including recom- mendations as to additional legislation) as the Commission may deem necessary." (b) Such section 204 is further amended- (1) by repealing subsection (b) thereof (which relates to codes of fair competition under the National Industrial Recovery Act); (2) by repealing subsection (e) thereof (which relates to rehearing by the Commission on matters arising under part II); (3) by relettering subsections (c), (d), and (f) as (b), (c), and (d), respectively; and (4) by striking out in subsection (a) (3) thereof "204 (d) and (e)" and inserting in lieu thereof "204 (c)". (c) Section 205 of such Act, as amended, is amended- (1) by repealing subsection (a) thereof (which relates to pro- cedure in connection with recommended orders under part II); (2) by striking out in the remaining subsections thereof the "(])", and "(k)", and inserting in lieu thereof "(a)", "(b)", "(c)'c (d)", "(;e)", "(f); ) , )", and "()"; respectively; [54 STAT. 922