Page:United States Statutes at Large Volume 92 Part 2.djvu/131

 PUBLIC LAW 95-473—OCT. 17, 1978 r

92 STAT. 1411

(B) contain information required by Commission regulations; and (C) be served on persons designated by the Commission. _{,,1^^ (2) In deciding whether to approve the application of a person for a permit as a motor contract carrier, the Commission shall consider— (A) the number of shippers to be served by the carrier; (B) the nature of the transportation proposed to be provided; (C) the effect that granting the permit would have on the transportation of carriers protesting the granting of the permit; and (D) the effect that denying the permit would have on the person applying for the permit, its shippers, or both, and the changing character of the requirements of those shippers. (3) The Commission may not deny any part of an application for a freight forwarder permit filed by a corporation controlled by, or under common control with— ^ ^ ^i^^ (A) a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of chapter 105 of this title, because of the relationship between the Ante, pp. 1359, corporation and that carrier; and 1361, 1365. (B) a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 only because the service to be provided by the corporation will compete with service provided by another freight forwarder subject to subchapter IV of that chapter. Ante, p. 1369. (c) Each permit issued to a person— (1) to provide transportation as a motor contract carrier is subject to section 10927(a) of this title and shall specify the transportation to be provided by the carrier; (2) to provide transportation as a water contract carrier shall specify the transportation to be provided by the carrier; and (3) to provide service as a freight forwarder shall specify the nature or general description about which the service is to be \ provided, the area in which, and the areas between which, the service may be provided by the freight forwarder. (d)(1) The Commission may prescribe necessary conditions under which a contract carrier or freight forwarder provides transportation or service. The Commission may prescribe the conditions when the permit is issued and at any time thereafter. (2) The permit for a motor contract carrier shall specify necessary conditions, including each person or number or class of persons for which the carrier may provide transportation— (A) to ensure that the carrier provides transportation as a motor contract carrier and within the scope of the permit; and (B) to carry out requirements established by the Commission under this subtitle. (3) Subject to the permit and its conditions, a motor contract carrier may substitute or add to its equipment and facilities as requests for its transportation develop. The Commission may not prescribe a, ^ condition preventing— (A) a water contract carrier from substituting or adding contracts within the scope of the permit to satisfy the requirements of business development and public demand; and (B) a water contract carrier or freight forwarder from adding ^.. to its equipment and facilities, and transportation or service, as

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