Page:United States Statutes at Large Volume 96 Part 1.djvu/1165

 PUBLIC LAW 97-261—SEPT. 20, 1982

96 STAT. 1123

(c) The heading of section 11345a of title 49, United States Code, is amended to read as follows: "§ 11345a. Consolidation, merger, and acquisition of control: motor carrier procedure". (d) Subsection (a) of such section is amended by striking out "of property". (e) The item relating to section 11345a in the analysis for subchapter III of chapter 113 of title 49, United States Code, is amended to read as follows: "11345a. Consolidation, merger, and acquisition of control: motor carrier procedure."

(f) Section 11344(b) of title 49, United States Code, is amended by redesignating paragraphs (1), (2), (3), (4), and (5) (and any references thereto) as subparagraphs (A), (B), (C), (D), and (E), respectively, by inserting "(1)" immediately before "In a proceeding", and by adding at the end thereof the following new paragraph: "(2) In a proceeding under this section which involves only carriers of passengers providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105 of this title, the Commission shall consider at least the following: "(A) the effect of the proposed transaction on the adequacy of transportation to the public. "(B) the effect on the public interest of including, or failing to include, other rail carriers in the area involved in the proposed transaction. "(C) the total fixed charges that result from the proposed transaction. "(D) the interest of carrier employees affected by the proposed transaction.". (g) Section 11344(d) of title 49, United States Code, is amended by adding at the end thereof the following new sentence: "The provisions of this subsection do not apply to any proceeding under this section which involves only carriers of passengers providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title.".

49 USC 10521.

SAFETY ENFORCEMENT

SEC. 22. (a) Section 10925(d) of title 49, United States Code, is amended by redesignating paragraph (2) (and any references thereto) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: "(2) Without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5, upon petition by the Secretary of Transportation, the Commission may suspend a certificate or permit of a motor carrier of passengers if the Commission finds that such carrier has been conducting unsafe operations which are an imminent hazard to public health or property.". (b) Paragraph (3) of section 10925(d) of title 49, United States Code, as redesignated by subsection (a) of this section, is amended by inserting immediately before the period at the end thereof the following: "or, in the case of a suspension under paragraph (2) of this subsection, until the Commission revokes such suspension".

49 USC 10321. 5 USC 551.

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