Page:United States Statutes at Large Volume 94 Part 2.djvu/648

 94 STAT. 1926

PUBLIC LAW 96-448—OCT. 14, 1980

"(ii) in all cases other than those specified in clause (i) of this subparagraph, the Commission may decide to extend such a proceeding to permit its fair and expeditious completion, but whenever the Commission decides to extend a proceeding pursuant to this clause, it must report its reasons to Congress. "(B) The provisions of this paragraph imposing time limitations upon Commission action shall not apply to any division proceeding involving a joint rate participated in by a class III rail carrier., (b) Section 10705(f)(1) of title 49, United States Code, as amended by subsection (a) of this section, is further amended— (1) by striking out subparagraph (B); (2) by striking out "(A)" immediately before "The Commission"; (3) by striking out "(i)" and inserting in lieu thereof "(A)"; (4) by striking out "(ii)" and inserting in lieu thereof "(B)"; and (5) by striking out "clause (i) of this subparagraph" and inserting in lieu thereof "subparagraph (A) of this paragraph". RATE BUREAUS

SEC. 219. (a) Section 10706(a)(1) of title 49, United States Code, is amended by adding at the end thereof the following new subparagraph: "(C) 'practicably participates in that movement' shall have such meaning as the Commission shall by regulation prescribe.", (b) Section 10706(a)(2)(A) of title 49, United States Code, is amended— (1) by inserting "publication," immediately after "initiation," in the first sentence; and (2) by striking out "section 10101" in the second sentence and inserting in lieu thereof "section 10101a". (c)(1) Section 10706(a)(3)(A) of title 49, United States Code, is amended to read as follows: "(3)(A) An organization established or continued under an agreement approved under this subsection shall make a final disposition of a rule or rate docketed with it by the 120th day after the proposal is docketed. Such an organization may not— "(i) permit a rail carrier to discuss, to participate in agreements related to, or to vote on single line rates proposed by another rail carrier, except that for purposes of general rate increases and broad tariff changes only, if the Commission finds at any time that the implementation of this clause is not feasible, it may delay or suspend such implementation in whole or in part; "(ii) permit a rail carrier to discuss, to participate in agreements related to, or to vote on rates related to a particular interline movement unless that rail carrier practicably participates in that movement; or "(iii) if there are interline movements over two or more routes between the same end points, permit a carrier to discuss, to participate in agreements related to, or to vote on rates except with a carrier which forms part of a particular single route. This clause shall take effect on January 1, 1984, or on such earlier date as the Commission determines. If the (Commission finds at any time that the implementation of this clause is not feasible, it may delay or suspend such implementation in whole or in part.". (2) Section 10706(a)(3)(B) of title 49, United States Code, is amended to read as follows:

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