Page:United States Statutes at Large Volume 94 Part 1.djvu/845

 PUBLIC LAW 96-296—JULY 1, 1980

94 STAT. 795

"(4) The provisions of paragraph (1) of this subsection (other than Transportation authority subparagraph (A)) shall not apply to applications under this subsec- applications. tion for authority to provide— "(A) transportation to any community not regularly served by a motor common carrier of property certificated under this section; "(B) transportation services which will be a direct substitute for abandoned rail service to a community if such abandonment results in such community not having any rail service and if such application is Hied within 120 days after such abandonment has been approved by the Commission; "(C) transportation for the United States Government of property other than used household goods, hazardous or secret materials, and sensitive weapons and munitions; "(D) transportation of shipments weighing 100 pounds or less if transported in a motor vehicle in which no one package exceeds 100 pounds; and "(E) transportation by motor vehicle of food and other edible products (including edible byproducts but excluding alcoholic beverages and drugs) intended for human consumption, agricultural limestone and other soil conditioners, and agricultural fertilizers if— "(i) such transportation is provided with the owner of the motor vehicle in such vehicle, except in emergency situations; and "(ii) after issuance of the certificate, such transportation (measured by tonnage) does not exceed, on an annual basis, the transportation provided by the motor vehicle (measured by tonnage) which is exempt from the jurisdiction of the Commission under section 10526(a)(6) of this title and the Post, p. 797 owner of the motor vehicle certifies to the O)mmission annually that he is complying with the provisions of this clause and provides to the Commission such information and records as the Commission may require. "(5) Notwithstanding any other provision of law, any carrier holding authority under paragraph (4)(D) of this subsection operating one or more commercial motor vehicles with a gross vehicle weight rating of 10,000 pounds or more shall be subject to commercial motor vehicle safety regulations promulgated by the Secretary of Transportation pursuant to this title with respect to its entire operations, including the operations of commercial motor vehicles with gross vehicle weight ratings less than 10,000 pounds. "(6) The Commission shall streamline and simplify, to the maximum extent practicable, the process for issuance of certificates to which the provisions of paragraph (4)(E) of this subsection apply. "(7) No motor common carrier of property may protest an applica- Application tion to provide transportation filed under this subsection unless— protest by "(A)(i) it possesses authority to handle, in whole or in part, the carrier. traffic for which authority is applied; "(ii) it is willing and able to provide service that meets the reasonable needs of the shippers involved; and "(iii) it has performed service within the scope of the application during the previous 12-month period or has, actively in good faith, solicited service within the scope of the application during such period;

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