Page:United States Statutes at Large Volume 92 Part 2.djvu/136

 92 STAT. 1416

PUBLIC LAW 95-473--OCT. 17, 1978

of a freight forwarder (or similar assembling, consolidating, and shipping service is provided by the person for its own business) i^g^vf. j5,.,r„ is commonly used to transport the articles or commodities; or (B) the person controls, is controlled by, or is under common control with, a person referred to in clause (A) of this paragraph. 49 USC 10931. § 10931. Motor common carriers providing transportation entirely in one State (a) A motor common carrier may provide transportation subject to the jurisdiction of the Interstate Commerce Commission under Ante, p. 1361. subchapter II of chapter 105 of this title without a certificate issued by the Commission under section 10922 of this title, when— (1) the carrier provides transportation entirely in one State; (2) the carrier is not controlled by, controlling, or under common control with a carrier providing transportation outside the State; ^J ^ (3) the carrier has applied for, and has been issued, a certificate of public convenience and necessity by the State authority having jurisdiction to issue such a certificate, permitting the carrier to provide intrastate transportation by motor vehicle; and (4) the intrastate certificate was issued after, and the certificate states that— Publication in (A) notice was given to interested parties through publicaFederal Register. tion in the Federal Kegister of the filing of the application by the carrier and the desire of the carrier to provide transportation otherwise under the jurisdiction of the Commission within the limits of the certificate issued by the State authority; (B) reasonable opportunity to be heard was given; and '*' (C) the State authority considered and found that the public convenience and necessity require that the carrier be permitted to provide transportation under the jurisdiction of the Commission within limits that do not exceed the scope of the certificate issued by the State authority. Petitions. (b) An interested party that opposed issuing the certificate to a motor common carrier in a proceeding before a State authority may petition the Commission for reconsideration of a decision of the State authority. On reconsideration, the Commission, based on the record before the State authority, may affirm, reverse, or change that decision, but only with respect to the transportation subject to Commission jurisdiction. (c) The Commission may require, before a motor common carrier provides transportation authorized under this section, that— (1) a certified copy of the carrier's intrastate certificate and other appropriate information be filed with the Commission: and (2) the carrier comply with applicable requirements established by the Commission. Certificates of (d)(1) The Commission shall issue a certificate of registration to a registration. motor common carrier authori7;ing the carrier to provide transportation under this section. The authority granted under the certificate is subject to all other applicable provisions of this subtitle. Except as otherwise provided in this subsection and subchapter TIT of chapter 113 of this title, the certificate of registration may be transferred if it is transferred with the intrastate certificate. Transfer of the intrastate certificate without the certificate of registration revokes the certificate of registration.

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