Page:United States Statutes at Large Volume 92 Part 2.djvu/158

 92 STAT. 1438

Notice.

Panel; recommended decisions.

Written views to the panel. Availability to public.

PUBLIC LAW 95-473—OCT. 17, 1978 this section only if it sent the proposed transaction to the Secretary for a report under section 11350 of this title at least 6 months before applying under this section. (b) When the Commission notifies persons required to receive notice that an application has been filed under this section, the Commission must include in the notice a copy of the application, a summary of the proposed transaction, and the applicant's reasons and public interest justification for the transaction. When the Commission notifies the Secretary of Transportation that an application has been filed under this section, the Commission shall also request the report of the Secretary prepared under section 11350 of this title. By the 10th day after receiving an application under this section, the Commission shall send notice of the proposed transaction to— (1) the chief executive officer of each State that may be affected by the execution or implementation of the proposed transaction; (2) the Attorney General; (3) the Secretary of Labor; and (4) the Secretary of Transportation (unless the Secretary is the applicant under subsection (a) of this section). (c) The Commission shall designate a panel of the Commission to make a recommended decision on each application under this section. The panel must begin a proceeding by the 90th day after the date the Commission receives the application, complete the proceeding by the 180th day after the application is referred to it, and give its recommended decision and certify the record to the entire Commission by the 90th day after the proceeding is completed. The panel may use employees appointed under section 3105 of title 5 and the Rail Services Planning Office in conducting the proceeding, evaluating the application and comments received about it, and determining whether it is in the public interest to approve and authorize the transaction under the last sentence of subsection (d) of this section. To carry out this subsection, the panel may make rules and rulings to avoid unnecessary costs and delay. In making its recommended decision, the panel shall— (1) request the views of the Secretary of Transportation about the effect of the transaction on the national transportation policy, as stated by the Secretary, and consider the report submitted under section 11350 of this title; (2) request the views of the Attorney General about the effect of the transaction on competition; and (3) request the views of the Secretary of Labor about the effect of the transaction on rail carrier employees, particularly whether the proposal contains adequate employee protection provisions. The Secretaries and the Attorney General shall send their written views to the panel. Those statements are available to the public under section 552(a) of title 5. (d) When the recommended decision and record of a proceeding under this section are certified to the entire Commission, it must hear oral argument on the matter certified to it and make a final decision by the 120th day after receiving the recommended decision and record. The Commission may extend a time period under subsection (c) of this section or under this subsection but must make its final decision by the end of the 2d year after receipt of the application by the Commission. The Commission shall consider the report of the Secretary of Transportation under section 11350 of this title in making

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