Page:United States Statutes at Large Volume 94 Part 1.djvu/850

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 800

Ante, p. 793.

Ante, p. 797.

Permit issuance process, simplification. Commission finding, limitation.

Certificates and permits, limitations.

PUBLIC LAW 96-296—JULY 1, 1980 "(B) it has pending before the Commission an application filed prior in time to the application being considered for substantially the same traffic; or "(C) the Commission grants leave to intervene upon a showing of other interests that are not contrary to the transportation policy set forth in section 10101(a) of this title. "(5)(A) The provisions of paragraph (2) of subsection (a) of this section and paragraph (3) of this subsection shall not apply to applications under this section for authority to provide transportation by motor vehicle of food and other edible products (including edible byproducts but excluding alcoholic beverages and drugs) intended for human consumption, agricultural limestone and other soil conditioners, and agricultural fertilizers if— "(i) such transportation is provided with the owner of the motor vehicle in such vehicle, except in emergency situations; and "(ii) after issuance of the permit, such transportation (meas^ ured by tonnage) does not exceed, on an annual basis, the transportation provided by the motor vehicle (measured by tonnage) which is exempt from the jurisdiction of the Commission under section 10526(a)(6) of this title and the owner of the motor vehicle certifies to the Commission annually that he is complying with the provisions of this subparagraph and provides to the (]!ommission such information and records as the Commission may require. "(B) The Commission shall streamline and simplify, to the maximum extent practicable, the process for issuance of permits to which the provisions of subparagraph (A) of this paragraph apply. "(6) With respect to applications of persons for permits as motor contract carriers of property, the Commission may not make a finding relating to the public interest under subsection (a)(2) of this section which is based upon general findings developed in rulemaking proceedings.". (3) Section 10923(d) of title 49, United States Code, is amended— (A) in the first sentence of paragraph (1) by inserting the following immediately before the period at the end thereof: ", except that in the case of a motor contract carrier of property, the Commission may not require such carrier to limit its operations to carriage for a particular industry or within a particular geographic area"; and (B) in paragraph (2) by striking "including each person or number or class of persons" and substituting "including each person or class of persons (and, in the case of a motor contract carrier of passengers, the number of persons)". flt)) Section 10930(a) of title 49, United States Code, is amended— (1) in paragraph (1) by striking "both a certificate of a motor common carrier and a permit of a motor contract carrier issued under this subchapter, or"; and (2) by striking out paragraph (2) and inserting in lieu thereof the following: "(2) if a person controls, is controlled by, or is under common control with, another person, one of them may not hold a certificate of a water common carrier, while the other holds a permit of a water contract carrier, to transport property over the same route or in the same area.", (c) Section 10749 of title 49» United States Code, is amended—