Page:United States Statutes at Large Volume 56 Part 1.djvu/317

 56 STAT.] 77TH CONG. , 2D SESS.-CH. 318-MAY 16, 1942 thereon, the Commission, by filing with such tariff and delivering to the freight forwarder affected thereby, a statement in writing of its reasons for such suspension, may from time to time suspend the operation of such tariff and defer the use of such rate, charge, classi- fication, regulations, or practice, but not for a longer period than seven months beyond the time when it would otherwise go into effect; and after hearing, whether completed before or after the rate, charge, classification, regulation, or practice goes into effect, the Commission may make such order with reference thereto as would be proper in a proceeding instituted after such rate, charge, classification, regula- tion, or practice had become effective. If the proceeding shall not have been concluded and an order made within the period of suspen- sion, the proposed rate, charge, classification, regulation, or practice shall go into effect at the end of such period: Provided, however, That, subject to section 405 (b), this subsection shall not apply to any initial tariff filed prior to the expiration of ninety days after the date of enactment of this part. At any hearing involving a change in a rate, charge, or classification, or in a rule, regulation, or practice, the burden of proof shall be upon the freight forwarder to show that the proposed changed rate, charge, classification, rule, regulation, or practice is just and reasonable. "(f) Whenever in any investigation under this part, or in an investigation instituted upon petition of the freight forwarder con- cerned, which petition is hereby authorized to be filed, there shall be brought in issue any rate, charge, classification, regulation, or prac- tice of any freight forwarder, made or imposed by authority of any State, the Commission, before proceeding to hear and dispose of such issue, shall cause the State or States interested to be notified of the proceeding. The Commission may confer with the authorities of any State having regulatory jurisdiction over the class of persons sub- ject to this part, with respect to the relationship between rate struc- tures and practices of such persons subject to the jurisdiction of such State bodies and of the Commission; and to that end the Commission is authorized, under rules to be prescribed by it, to hold joint hear- ings with any such State regulatory bodies upon any matters wherein the Commission is empowered to act and where the rate-making authority of a State is or may be affected by the action taken by the Commission. The Commismsion is also anuthorized to avail itself of the cooperation, services, records, and facilities of such State author- ities in the enforcement of any provision of this part. Whenever in any such investigation the Commission, after full hearing, finds that any such rate, charge, classification, regulation, or practice causes any undue or unreasonable advantage, preference, or prejudice as between persons or localities in intrastate commerce on the one hand and inter- state commerce on the other hand, or any undue, unreasonable, or unjust discrimination against interstate commerce, which is hereby forbidden and declared to be unlawful, it shall prescribe the rate or charge, or the maximum or minimum, or maximum and minimum, thereafter to be charged, and the classification, regulation, or practice thereafter to be observed, in such manner as, in its judgment. will remove such advantage, preference, prejudice, or discrimination. Such rates, charges, classifications, regulations, and practices shall be observed while in effect by the freight forwarders parties to such proceeding affected thereby, the law of any State or the decision or order of any State authority to the contrary notwithstanding. "MOTOR CARRIER RATES APPLICABLE TO SMALL PARCEL FORWARDING "SEC. 407. In the establishment of rates or charges, classifications, rules, or regulations by common carriers by motor vehicle subject to part II of this Act, consideration may be given to the type of 65714°-43 --P. I --- 19 289 Suspension. Period of suspen- sion. Expiration of sus- pension period prior to decision. Proviso. Exception. Ante, p. 287. Burden of proof. Procedure when State rates affected. Conference with State authorities. Joint hearings. Use of State fatili- tils and setrvics. It(iIoI\it I lls- crlllliniatory rnt's. prlctices, etc. Observance of pre- scribed rates, etc. 49 Stat. 543 . 49U.S.C.§§301- 327. Ante, p. 176; pot, pp. 300, 746.

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