Page:United States Statutes at Large Volume 90 Part 1.djvu/102

 90 STAT. 52

PUBLIC LAW 94-210—FEB. 5, 1976 ^ d

"(d) shall solicit, study, evaluate, and present before the Commission, in any proceeding, formal or informal, the views of those communities and users of rail service affected by proceedings initiated by or pending before the Commission, whenever the Director determines, for whatever reason (such as size or location), that such community or user of rail service might not other' wise be adequately represented before the Commission in the course of such proceedings; and "(e) shall evaluate and represent, before the Commission and before other Federal agencies wlien their policies and activities significantly affect rail transportation matters subject to the jurisdiction of the Commission, and shall by other means assist the constructive representation of, the public interest in safe, efficient, reliable, and economical rail transportation services. In the performance of its duties under this paragraph, the Office of Rail Public Counsel shall assist the Commission in the development of a public interest record in proceedings before the Commission. "(5) The budget requests and budget estimates of the Office of Rail Budget request and estimates, Public Counsel shall be submitted concurrently to the Congress and submittal to to the President. Congress and "(6) There are authorized to be appropriated to the Office of Rail President. Public Counsel for the purpose of carrying out the provisions of this Appropriation section not to exceed $500,000 for the fiscal year ending June 30, 1976, authorization. not to exceed $500,000 for the fiscal year transition period ending September 30, 1976, and not to exceed $2,000,000 for the fiscal year ending September 30, 1977.". (b) Section 13 of the Interstate Commerce Act (49 U.S.C. 13), as Ante, p. 46. amended by this Act, is further amended by adding at the end thereof the following new paragraph: "(6)(a) Whenever, pursuant to section 553(e) of title 5, United States Code, an interested person (including a government entity) petitions the Commission for the commencement of a proceeding for the issuance, amendment, or repeal of an order, rule, or regulation relating to common carriers by railroads under this Act, the Commission shall grant or deny such petition within 120 days after the date of receipt of such petition. If the Commission grants such a petition, it shall commence an appropriate proceeding as soon thereafter as practicable. If the Commission denies such a petition, it shall set forth, Publication in Federal Register. and publish in the Federal Register, its reasons for such denial. Civil action. "(b) If the Commission denies a petition under subdivision (a) (or if it fails to act thereon within the 120-day period established by such subdivision), the petitioner may commence a civil action in an appropriate court of appeals of the United States for an order directing the Commission to initiate a proceeding to take the action requested in such petition. Such an action shall be commenced within 60 days after the date of such denial or, where appropriate, within 60 days after the date of expiration of such 120-day period. "(c) If the petitioner, in an action commenced under subdivision (b), demonstrates to the satisfaction of the court, by a preponderance of the evidence in the record before the Commission or, in an action based on a petition on which the Commission failed to act, in a new proceeding before such court, that the action requested in such petition to the Commission is necessary and that the failure of the Commission to take such action will result in the continuation of practices which •are not consistent with the public interest or in accordance with this Act, such court shall order the Commission to initiate such action. "(d) In any action under this paragraph, a court shall have no authority to compel the Commission to take any action other than the

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