Page:United States Statutes at Large Volume 94 Part 1.djvu/476

 94 STAT. 426 49 USC 10706. 49 USC 10784.

49 USC 10923.

49 USC 11101.

49 USC 11121. Rail carrier car service. 49 USC 10501.

Hearing.

49 USC 11304. 11 USC 101.

PUBLIC LAW 96-258—JUNE 3, 1980 (7) Section 10706(c)(2) is amended by striking out the period after "section" and substituting a dash. (8) Section 10784(a) is amended— (A) by striking out "thereafter correct, revise, and supplement that valuation, including previous inventories and classifications, by keeping" and substituting "keep"; and (B) by adding at the end thereof the following new sentence: "When necessary, the Commission may correct, revise, and supplement an inventory or valuation of property it has made.". (9) Section 10923(b)(2) is amended— (A) by striking out "and" in clause (O; (B) by striking out ", and the changing character of the requirements of those shippers." in clause (D) and substituting a semicolon and "and"; and (C) by inserting the following new clause immediately below clause (D): "(E) the changing character of the requirements of those shippers.". (10) Section 11101(c) is amended— (A) in clause (I)(A) by inserting "(i)" before "a farmer", and by striking out "or a motor private carrier;" and substituting -a comma and "or (ii)"; (B) in clause dXB) by striking out "(B)" and substituting "a motor private carrier and it" as a flush phrase after "or (ii/* in clause (I)(A), and by striking out "(i)" and "(ii)"; (C) in clause (I)(C) by striking out "(C)" and substituting "(B)"; and (D) in clause (2) by striking out "(I)(C)" and substituting "(I)(B)". (11) Section 11121(a) is amended to read as follows: "(a)(l) A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title shall furnish safe and adequate car service and establish, observe, and enforce reasonable rules and practices on car service. The Commission may require a reiil carrier to provide facilities and equipment that are reasonably necessary to furnish safe and adequate car service if the Commission decides that the rail carrier has materially failed to furnish that service. The Commission may begin a proceeding under this paragraph when an interested person files an application with it. The Commission may act only after a hearing on the record and an affirmative finding, based on the evidence presented, that— "(A) providing the facilities or equipment will not materially and adversely affect the ability of the carrier to provide safe and adequate transportation; "(B) the amount spent for the facilities or equipment, including a return equal to the carrier's current cost of capital, will be recovered; and "(C) providing the facilities or equipment will not impair the ability of the carrier to attract adequate capital. "(2) The Commission may require a rail carrier to— "(A)fileits car service rules with the Commission; and "(B) incorporate those rules in its tariffs.". (12) Section 11304(a)(2) is amended— (A) by striking out "bankruptcy from" and substituting "a case under title 11 from"; and

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