Page:United States Statutes at Large Volume 94 Part 1.djvu/868

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 818

PUBLIC LAW 96-296—JULY 1, 1980

An interested party may petition to reopen and reconsider an action of the Commission under this paragraph under regulations of the Commission. "(2) The Commission may grant a rehearing, reargument, or reconsideration of an action of the Commission that was taken by a division or an employee board designated by the Commission if it finds that— "(A) the action involved a matter of general transportation importance; or "(B) the action would be affected materially because of clear and convincing new evidence or changed circumstances. An interested party may petition for rehearing, reargument, or reconsideration of an action of the Commission under this paragraph Stay of Commis- under regulations of the Commission. The Commission may stay an sion action. action pending a final determination under this paragraph. The Commission shall complete reconsideration and take final action by the 120th day after the petition is granted. "(3) If the Commission initiates any action under paragraph (1) of this subsection, final disposition under such paragraph shall be made not later than the 120th day following the date action is initiated. Effective "(h) A final decision under this section shall be effective on the date date. it is served on the parties, and a civil action to enforce, enjoin, suspend, or set aside the decision may be filed after that date. Time period, "(i) In extraordinary circumstances, the Commission may extend a extension. time period established by this section, except that the total of all such extensions with respect to any matter subject to the provisions of this section shall not exceed 90 days.". Repeal. (b) Section 10323 of title 49, United States Code, is hereby repealed. (c)(1) Section 10324(a) of title 49, United States Code, is amended by striking out the last sentence. (2) Section 10324(c) of title 49, United States Code, is amended to read as follows: "(c) An action of the Commission under section 10327 of this title is 49 USC 10327. enforceable, unless the Commission stays or postpones such action.". (d) Section 10325 of title 49, United States Code, is hereby repealed. Repeal. (e) Section 10327(a) of title 49, United States Code, is amended by striking out "Notwithstanding sections 10322, 10323, and 10324(c) of this title, this" and inserting in lieu thereof "This". (f) The index for subchapter II of chapter 103 of title 49, United States Code, is amended by striking out the items relating to Bections 10322, 10323, 10324, and 10325 and inserting in lieu thereof the following: "10322. Commission action and appellate procedure in non-rail proceedings. "10323. Repealed. "10324. Commission action. "10325. Repealed.". ENFORCEMENT

SEC. 26. (a) Section 11701(c) of title 49, United States Code, is amended by striking "related to a rail carrier". (b) Section 11707(e) of title 49, United States Code, is amended by adding the following at the end thereof: "For the purposes of th& subsection— "(1) an offer of compromise shall not constitute a disallowance of any part of the claim unless the carrier, in writing, informs the claimant that such part of the claim is disallowed and provides reasons for such disallowance; and