Page:United States Statutes at Large Volume 109 Part 1.djvu/914

 109 STAT. 898 PUBLIC LAW 104-88 —DEC. 29, 1995 "(d) COMMENTS.—Written comments about an application may be filed with the Board within 45 days afl:er the date on which notice of the application is published under subsection (c). "(e) DEADLI^fES.—The Board shall conclude evidentiary proceedings by the 240th day after the date on which notice of the application is published under subsection (c). The Board shall issue a final decision by the 180th day after the conclusion of the evidentiary proceedings. The Board may extend a time period under this subsection; except that the total of all such extensions with respect to any application shall not exceed 90 days. "(f) EFFECT OF APPROVAL.— ^A carrier or corporation participating in or resulting from a transaction approved by the Board under this section, or exempted by the Board from the application of this section pursuant to section 13541, may carry out the transaction, own and operate property, and exercise control or franchises acquired through the transaction without the approval of a State authority. A carrier, corporation, or person participating in the approved or exempted transaction is exempt from the antitrust laws and from all other law, including State and municipal law, as necessary to let that person carry out the transaction, hold, maintain, and operate property, and exercise control or franchises acquired through the transaction. "(g) LIMITATION ON APPLICABILITY. — This section shall not apply to transactions involving carriers whose aggregate gross operating revenues were not more than $2,000,000 during a period of 12 consecutive months ending not more than 6 months before the date of the agreement of the parties. "(h) APPLICABILITY OF CERTAIN PROVISIONS.— When the Board approves and authorizes a transaction under this section in which a person not a carrier providing transportation subject to jurisdiction under subchapter I of chapter 135 acquires control of at least 1 carrier subject to such jurisdiction, the person is subject, as a carrier, to the following provisions of this title that apply to the carrier being acquired by that person, to the extent specified by the Board: sections 504(f), 14121 -14123, 14901(a), and 14907. "(i) INTERIM APPROVAL. —Pending determination of an application filed under this section, the Board may approve, for a period of not more than 180 days, the operation of the properties sought to be acquired by the person proposing in the application to acquire those properties, when it appears that failure to do so may result in destruction of or injury to those properties or substantially interfere with their future usefulness in providing adequate and continuous service to the public. Transportation provided by a motor carrier under a grant of approval under this subsection is subject to this part. "(j) SUPPLEMENTAL ORDERS. —When cause exists, the Board may issue appropriate orders supplemental to an order made in a proceeding under this section. "CHAPTER 145—FEDERAL-STATE RELATIONS "Sec. "14501. Federal authority over intrastate transportation. "14502. Tax discrimination against motor carrier transportation property. "14503. Withholding State and local income tax by certain carriers. "14504. Registration of motor carriers by a State. "14505. State tax.

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