Page:United States Statutes at Large Volume 94 Part 2.djvu/736

 94 STAT. 2014 Compliance orders. Post, pp. 2019, 2021.

49 USC 10521.

Hearing.

28 USC 2341 et seq. Antitrust laws, applicability.

PUBLIC LAW 96-454—OCT. 15, 1980

"(3) If such person does not appear at the hearing or if the Commission finds that the agent has violated section 11901(j) or 11917 of this title or is consistently not fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services), it may issue an order to compel compliance with the requirement that the agent be fit, willing, and able. Thereafter, the Commission may issue an order to limit, condition, or prohibit such agent from any involvement in the transportation or provision of services incidental to the transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title if, after notice and an opportunity for a hearing, it finds that such agent, within a reasonable time after the date of issuance of a compliance order under this section, but in no event less than 30 days after such date of issuance, has willfully failed to comply with such order. "(4) Upon filing of a petition with the Commission by an agent who is the subject of an order issued pursuant to the second sentence of paragraph (3) of this subsection and after notice, a hearing shall be held with an opportunity to be heard. At such hearing, a determination shall be made whether the order issued pursuant to paragraph (3) of this subsection should be rescinded. "(5) Any agent adversely affected or aggrieved by an order of the Commission issued under this subsection may seek relief in the appropriate United States court of appeals as provided by and in the manner prescribed in chapter 158 of title 28, United States Code. "(d) The antitrust laws, as defined in the first section of the Clayton Act (15 U.S.C. 12), do not apply to discussions or agreements between a motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title and its agents (whether or not an agent is also a carrier) related solely to (1) rates for the transportation of household goods under the authority of the principal carrier, (2) accessorial, terminal, storage, or other charges for services incidental to the transportation of household goods transported under the authority of the principal carrier, (3) allowances relating to transportation of household goods under the authority of the principal carrier, and (4) ownership of a motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title by an agent or membership on the board of directors of any such motor common carrier by an agent.". (2) The analysis for chapter 109 of title 49, United States Code, is amended by inserting "10934. Household goods agents."

after "10933. Authorizing abandonment of freight forwarder service.".

Traffic or services, pooling or dividing agreements.

(b) Section 10322(a) of title 49, United States Code, is amended— (1) by inserting ", or section 10934" before the period at the end of the first sentence; and (2) by inserting "10934(c)," after "10928,". (c) Subsection Oa) of section 11342 of title 49, United States Code, is amended by inserting "(1)" after "(b)" and by adding at the end of such subsection the following new paragraphs: "(2) In the case of an application for Commission approval of an agreement or combination between a motor common carrier providing transportation of household goods and its agents to pool or divide traffic or services or any part of their earnings, such agreement or

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