49 USC 11349: Temporary operating approval for transactions involving motor and water carriers

49 USC 11349: Temporary operating approval for transactions involving motor and water carriers Text contains those laws in effect on January 4, 1995

From Title 49-TRANSPORTATIONSUBTITLE IV-INTERSTATE COMMERCECHAPTER 113-FINANCESUBCHAPTER III-COMBINATIONS

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§11349. Temporary operating approval for transactions involving motor and water carriers

(a) Pending determination of an application filed with the Interstate Commerce Commission under this subchapter for approval of a consolidation or merger of the properties of at least 2 motor carriers or at least 2 water carriers, or of a purchase, lease, or contract to operate the properties of at least one motor carrier or at least one water carrier, the Commission may approve, for a period of not more than 180 days, the operation of the properties sought to be acquired by the person proposing in the application to acquire those properties. The Commission may approve operation of motor carrier properties when it appears that failure to grant the approval may result in destruction of or injury to those motor carrier properties the person is seeking to acquire, or substantially interfere with their future usefulness in providing adequate and continuous service to the public. The Commission may approve the operation of water carrier properties only for good cause shown.

(b) The Commission may take action under subsection (a) of this section without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5. Transportation provided by a motor carrier under a grant of approval under this section is subject to this subtitle.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1439 .)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
11349	49:310a(b), (c).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §210a(b), (c); added June 29, 1938, ch. 811, §10, 52 Stat. 1238 ; Sept. 18, 1940, ch. 722, §21(b), 54 Stat. 923 .
	49:911(b).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §311(b); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 944 .

The section consolidates and restates the source provisions for clarity. The word "temporary" is omitted as unnecessary.

In subsection (a), the words "at least 2" are substituted for "of two or more" and the words "at least one" are substituted for "of one or more" for consistency. The words "in its discretion" in 49:310a(b) are omitted as surplus. The words "of not more than" are substituted for "not exceeding" for consistency. The words "The Commission may approve operation of" are inserted each place for clarity.

In subsection (b), the words "may take action under subsection (a) of this section without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5" are substituted for "without hearings or other proceedings" as being more precise. The words "is subject to this subtitle" are substituted for "shall be subject to all applicable provisions of this chapter and to the rules, regulations, and requirements of the Commission thereunder" for clarity and to eliminate redundancy.