Page:United States Statutes at Large Volume 94 Part 1.djvu/855

 PUBLIC LAW 96-296—JULY 1, 1980

94 STAT. 805

any person the vote cast by any member carrier on any proposal before the organization; "(vi) the organization ma^^ not allow a carrier to vote for one or more other carriers without specific written authority from the carrier being represented; and "(vii) the organization shall make a final disposition of a rule or rate dfocketed with it by the 120th day after the proposal is docketed, except that if unusual circumstances require, the organization may extend such period, subject to review by the Commission. "(C) No agreement approved under this subsection may provide for discussion of or voting on rates to which the provisions of section 10708(d) or 10730(b) of this title apply, except that rates Ante, pp. 80i, established or filed under section 10730 of this title before the ^02. date of enactment of the Motor Carrier Act of 1980 or changes Ante, p. 793. with respect to such rates may be discussed or voted on under agreements approved under this subsection until January 1,

mi.

Single-line rates.

"(D) No agreement approved under this subsection may provide for discussion of or voting upon single-line rates on or after January 1, 1984, except that such date shall be July 1, 1984, if the Motor Carrier Ratemaking Study Commission does not submit its final report under section 14(b)(4) of the Motor Carrier Act of 1980 on or before January 1, 1983. This subparagraph and Ante, p. 803. subparagraph (B)(i)(n) of this paragraph shall not apply to the following: "(i) general rate increases or decreases if the agreement gives shippers, under specified procedures, at least 15 days' notice of the proposal and an opportunity to present comments on it before a tariff containing the increases or decreases is filed with the Commission and if discussion of such increases or decreases is limited to industry average carrier costs and, after the date of elimination of the antitrust immunity by this subparagraph, does not include discussion of individual markets or particular single-line rates; "(ii) changes in commodity classifications; "(iii) changes in tariff structures if discussion of such changes is limited to industry average carrier costs and, after the date of elimination of antitrust immunity by this subparagraph, does not include discussion of individual markets or particular single-line rates; "(iv) publishing of tariffs, filing of independent actions for individual members carriers, providing of support services for members, and changes in rules or reflations which are of at least substantially general application throughout the area in which such changes will apply. "(E) In any proceeding in which a party to such proceeding alleges that a carrier voted, discussed, or agreed on a rate or allowance in violation of this subsection, that party has the burden of showing that the vote, discussion, or agreement occurred. A showing of parallel behavior does not satisfy that burden by itself. "(F) The Commission shall, by regulation, determine reason- Quorum able quorum standards to be applied for meetings of organiza- standards. tions established or continued under an agreement approved under this subsection.

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