Page:United States Statutes at Large Volume 92 Part 3.djvu/436

 92 STAT. 3068 Petition. Notice and heanng.

PUBLIC LAW 95-607—NOV. 8, 1978 "(b) If the Commission finds, upon the petition of an interested party and after notice and a hearing on the record, that a common carrier by railroad subject to this part has materially failed to furnish safe and adequate car service as required by paragraph (11) of this section, the Commission may require such carrier to provide itself with such facilities and equipment as may be reasonably necessary to furnish such service, if the evidence of record establishes, and the Commission affirmatively finds, that— " (i) the provision of such facilities or equipment will not materially and adversely affect the ability of such carrier to otherwise provide safe and adequate transportation services; "(ii) the expenditure required for such facilities or equipment, including a return which equals such carrier's current cost of capital, will be recovered; and "(iii) the provision of such facilities or equipment will not impair the ability of such carrier to attract adequate capital.". Approved November 8, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1482 accompanying H.R. 11979 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 95-1159 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 23, considered and passed Senate. Oct. 11, 13, H.R. 11979 considered and passed Hoase; passage vacated, and S. 2981, amended, passed in lieu. Oct. 15, Senate concurred in House amendments.

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