Page:United States Statutes at Large Volume 94 Part 1.djvu/851

 PUBLIC LAW 96-296—JULY 1, 1980

94 STAT. 801

(1) in subsection (a) by inserting ", or a motor contract carrier of property," after "carrier"; and (2) in subsection ObXD by inserting ", or motor contract carrier of property," after "water common carrier". (d) Section 10766(b) of title 49, United States Code, is amended— (1) by inserting ", and motor contract carriers of property," after "carriers" in the first sentence; (2) by inserting "or the motor contract carrier of property" after "carrier" in the third sentence; and (3) by striking the fifth sentence. (e) Section 10925 of title 49, United States Code, is amended by adding at the end thereof the following new subsection: "(e)(l) On application of a motor contract carrier of property who Permit holds a permit issued under section 10923 of this title, or on complaint revocation, conditions. of a competing motor common carrier of property who holds a Ante, p. 799. certificate under section 10922(b) of this title, or on its own initiative, Ante, p. 794. if the Commission, after notice and an opportunity for a proceeding, determines that the operations under the permit or any part thereof— "(A) do not conform with the operations of a motor contract carrier of property; and "(B) are those of a motor common carrier of property; the Commission may amend or revoke such permit or part thereof to conform the operations under such permit or part thereof to the operations of a motor contract carrier of property. "(2) The Commission may issue in place of any permit or part Certificate. thereof revoked under this subsection a certificate under section 10922(b) of this title which authorizes the holder of such certificate to provide transportation as a motor common carrier of property of the same property between the same points or within the same territory as authorized in the permit or part thereof.". ZONE OF RATE FREEDOM FOR MOTOR CARRIERS OF PROPERTY AND FREIGHT FORWARDERS

SEC. 11. Section 10708 of title 49, United States Code, is amended by adding at the end thereof the following new subsection: "(d)(1) Notwithstanding any other provision of this title, the Commission may not investigate, suspend, revise, or revoke any rate proposed by a motor common carrier of property or freight forwarder on the grounds that such rate is unreasonable on the basis that it is too high or too low if— "(A) the carrier notifies the Commission that it wishes to have the rate considered pursuant to this subsection; and "(B) the aggregate of increases and decreases in any such rate is not more than 10 percent above the rate in effect one year prior to the effective date of the proposed rate, nor more than 10 percent below the lesser of the rate in effect on July 1, 1980 (or, in the case of any rate which a carrier first establishes after July 1, 1980, for a service not provided by such carrier on such date, such rate on the date such rate first becomes effective), or the rate in effect one year prior to the effective date of the proposed rate. "(2) The Commission, by rule, may incresise the percentages specified in paragraph (1)(B) of this subsection for any group of motor common carriers of property or freight forwarders if it finds that— "(A) there is sufficient actual and potential competition to regulate rates; and

Rate changes, conditions.

Increase of percentages, conditions.

�