Page:United States Statutes at Large Volume 101 Part 1.djvu/274

 101 STAT. 244

PUBLIC LAW 100-17—APR. 2, 1987

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aof3t>3-3ai 49 USC 10521 et aeq.

is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission, unless the Commission finds, on the basis of evidence presented by any person objecting to the issuance of the certificate, that the transportation to be authorized by the certificate is not consistent with the public interest. "(ii) OTHER PERSONS.—The Commission shall issue a certificate to a person (other than a private recipient of governmental assistance) authorizing that person to provide special or charter transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of passengers if the Commission finds that the person is fit, willing, and able to provide the treinsportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission. "(C) PUBLIC RECIPIENTS FOR CHARTER TRANSPORTATION.—

Vi'I&-i}l ') d n (Ir

The Commission shall issue a certificate to a public recipient of governmental assistance authorizing that recipient to provide special or charter transportation subject to the 81 jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of passengers if the Commission finds that— "(i) the recipient is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission; and "(iiXD no motor common carrier of passengers (other •Mas "#03 than a motor common carrier of passengers which is a public recipient of governmental assistance) is providI ing, or is willing and able to provide, the transportation aiJii to be authorized by the certificate; or "(II) the transportation to be authorized by the certificate is to be provided entirely in the area in which the public recipient provides regularly scheduled mass transportation services. "(D) PUBLIC RECIPIENTS FOR REGULAR-ROUTE TRANSPORTATION.—The Commission shall issue a certificate to a public recipient of governmental assistance authorizing 1o that recipient to provide regular-route transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of passengers if the Commission finds that the recipient is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission, unless the Commission finds, on the basis of evidence presented by any person i'on objecting to the issuance of the certificate, that the transportation to be authorized by the certificate is not consistent with the public interest. "(E) TREATMENT OF CERTAIN PUBLIC RECIPIENTS.—Subject

49 USC app. 1608.

to provisions of section 12(f) of the Urban Mass Transportation Act of 1964, any public recipient of governmental assistance which is providing or seeking to provide transportation of passengers subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this

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