Page:United States Statutes at Large Volume 92 Part 3.djvu/115

 PUBLIC LAW 95-599—NOV. 6, 1978

92 STAT. 2747

responsible State and local officials in cooperation with each ether, subject to approval by the Secretary, and which shall at a minimum, in case of any such area, encompass the entire urbanized area within a State as designated by the Bureau of Census.". (c) Subsections (d) and (f) of section 12 of the Urban Mass trans- Repeals. portation Act of 1964 are repealed and section 12(e) is redesignated 49 USC 1608. as section 12(d). (d) Section 12 of the Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following new subsection: "(e) None of the provisions of this Act shall be construed to authorize Federal financial assistance for the purpose of financing the acquisition by one public body of land, facilities, or equipment used in mass transportation from another public body in the same geographic area. "(f)(1) A State or local public body may petition the Interstate Exemption, Commerce Commission for an exemption from part II of the Interstate petition. Commerce Act for mass transportation services provided by such State 49 USC 301. or local public body or provided to such State of local public body by Notice and contract. Not later than one hundred and eighty days after the date hearing. such petition is received by the Commission, the Commission shall, after notice and reasonable opportunity for a hearing on such petition, by order, exempt such State or local public body or contractor from part II of the Interstate Commerce Act with respect to such mass transportation services to the extent and for such time as it specifies in such order, unless the Commission finds that— " (A) the public interest would not be served by such exemption, "(B) the exemption requested would result in an undue burden on the interstate or foreign commerce, or "(C) the mass transportation services, including rates, proposed to be exempt are not subject to regulation by any State or local public agency. "(2) Any State or local public body granted an exemption under paragraph (1) of this subsection shall be subject to all applicable Federal laws pertaining to (A) safety, (B) the representation of employees for purposes of collective bargaining, (C) retirement, annuities, and unemployment systems, and (D) all other provisions of law relating to employee-employer relations. The Commission, upon its own initiative or upon petition of an interested party, may alter, amend, or revoke any exemption under paragraph (1) of this subsection if it subsequently finds that new evidence, material error, or changed circumstances exist which materially affect its original order. "(g) In the case of any buses acquired with Federal financial assist- Bus seat ance provided under this Act, the Secretary shall permit the State specifications. or local body which is acquiring such buses to provide in advertising for bids for passenger seats functional specifications (which equal or exceed the performance specifications prescribed by the Secretary), based on that State or local body's determination of local requirements for safety, comfort, maintenance and life cycle costs. This subsection shall apply to the initial advertising for bids for the acquisition of buses occurring on or after the date of enactment of the Ante, p. 2735. Federal Public Transportation Act of 1978."

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