Page:United States Statutes at Large Volume 92 Part 2.djvu/128

 92 STAT. 1408

PUBLIC LAW 95-473—OCT. 17, 1978

change is intended to be effective. After the proceeding begins, the Commission may order the carrier proposing the discontinuance or change to continue any part of the transportation pending completion of the proceeding and the decision of the Commission if the Commission serves a copy of its order on the carrier at least 10 days before the date on which the carrier intended the discontinuance or change to be effective. However, the Commission may not order the transportation continued for more than 4 months after the date on which the carrier intended the discontinuance or change to be effective. (c) If, after a proceeding completed either before or after the proposed discontinuance or change has become effective, the Commission finds that any part of the transportation is required or permitted by present or future public convenience and necessity and will not unreasonably burden interstate or foreign commerce, the Commission may order the carrier to continue or restore that transportation for not to exceed one year from the date of the Commission order. On expiration of the Commission order, the jurisdiction of each State involved in the discontinuance or change is no longer superseded except to the extent this section is again invoked. 49 USC 10909. § 10909. Discontinuing or changing train or ferry transportation in one State (a) When a carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I Ante, p. 1359. of chapter 105 of this title has proposed a discontinuance or change of any part of the transportation of a train or ferry operated by it entirely in one State and— (1) the law of the State prohibits the discontinuance or change; ^.,:, (2) the carrier has requested the State authority having jurisdiction over the discontinuance or change for permission to discontinue or change the transportation and the request has been denied; or (3) the State authority has not acted finally by the 120th day after the carrier made the request; \ the carrier may petition the Commission for permission to discontinue or change the transportation. Notification. (b) When a petition is filed under subsection (a) of this section, the Commission shall notify the chief executive officer of the State in Hearing which the train or ferry is operated concerning the petition. Before opportunity. acting on the petition, the Commission shall give interested parties a full hearing. If such a hearing is requested, the Commission shall give all interested parties at least 30 days notice of the hearing and shall hold the hearing in the State in which the train or ferry is operated. The Commission may cooperate with, and use the services, records, and facilities of, the State in carrying out this section. (c) The Commission may grant permission to the carrier to discontinue or change any part of the transportation if the Commission finds that— (1) the present or future public convenience and necessity require or permit the discontinuance or change to be authorized by the Commission; and (2) continuing the transportation, without the proposed discontinuance or change, will constitute an unreasonable burden on the interstate operations of the carrier or on interstate commerce.

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