Page:United States Statutes at Large Volume 108 Part 2.djvu/971

 PUBLIC LAW 103-311—AUG. 26, 1994 108 STAT. 1687 (b) PUBLIC CONVENIENCE AND NECESSITY.— Section 10922(c) (relating to public convenience and necessity) as redesignated by subsection (a), is amended— (1) by striking "carrier of property" in paragraph (1) and inserting "carrier of household goods", (2) by striking paragraphs (4) and (6) and redesignating paragraphs (5), (7), (8), and (9) as (4), (5), (6), and (7), respectively, (3) by striking "carrier holding authority under paragraph (4)(D) of this subsection" in paragraph (4) (as redesignated) and inserting "motor carrier providing transportation of shipments weighing 100 pounds or less transported in a motor vehicle in which no one package exceeds 100 pounds", (4) by striking "of property" in paragraph (5) (as redesignated) and inserting "of household goods", (5) by striking "of property in paragraph (6) (as redesignated) and inserting "of household goods", and (6) by striking "Notwithstanding the provisions of paragraph (4) of this subsection, the provisions" in paragraph (7) (as redesignated) and inserting "The provisions". (c) CERTIFICATE SPECIFICATIONS.— Section 10922(f)(1) (relating to specifications for certificate), as redesignated by subsection (a) of this section, is amended by inserting "of household goods or passengers" after "motor common carrier". (d) PUBLIC CONVENIENCE AND NECESSITY.— Section 10922(h)(1) (relating to public convenience and necessity), as redesignated by subsection (a) of this section, is amended by inserting "of household goods or passengers" after "motor common carrier". SEC. 208. MOTOR CONTRACT CARRIER UCENSING. (a) AUTHORITY TO ISSUE PERMiTS.-^ection 10923(a) (relating to authority to issue permits) is amended by inserting "of household goods or passengers" after "motor contract carrier". (b) MOTOR CONTRACT CARRIER PERMITS.—Section 10923 (relating to permits of motor and water contract carriers and household goods freight forwarders) is amended by redesignating subsections (b) through (e) as (c) through (f), respectively, and by inserting after subsection (a) the following new subsection: "(b)(1) Except as provided in this section and section 10930 of this title, the Commission shall issue a permit to a person authorizing the person to provide transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor contract carrier of property other than household goods if the Commission finds that the person is able to comply with— "(A) this subtitle, the regulations of the Commission, and any safety requirements imposed by the Commission, "(B) the safety fitness requirements established by the Secretary of Transportation in consultation with the Commission pursuant to section 31144 of this title, and '(C) the minimum financial responsibility requirements established by the Commission pursuant to section 10927 of this title. "(2) In deciding whether to approve the application of a person for a permit as a motor contract carrier of property other than household goods the Commission shall consider any evidence demonstrating that the applicant is unable to comply with this subtitle,

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