
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC307]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                  CHAPTER 3--GENERAL DUTIES AND POWERS
 
         SUBCHAPTER I--DUTIES OF THE SECRETARY OF TRANSPORTATION
 
Sec. 307. Safety information and intervention in Interstate 
        Commerce Commission proceedings
        
    (a) The Secretary of Transportation shall inspect promptly the 
safety compliance record in the Department of Transportation of each 
person applying to the Interstate Commerce Commission for authority to 
provide transportation or freight forwarder service. The Secretary shall 
report the findings of the inspection to the Commission.
    (b) When the Secretary is not satisfied with the safety record of a 
person applying for permanent authority to provide transportation or 
freight forwarder service, or for approval of a proposed transfer of 
permanent authority, the Secretary shall intervene and present evidence 
of the fitness of the person to the Commission in its proceedings.
    (c) When requested by the Commission, the Secretary shall--
        (1) provide the Commission with a complete report on the safety 
    compliance of a carrier providing transportation or freight 
    forwarder service subject to its jurisdiction;
        (2) provide promptly a statement of the safety record of a 
    person applying to the Commission for temporary authority to provide 
    transportation;
        (3) intervene and present evidence in a proceeding in which a 
    finding of fitness is required; and
        (4) make additional safety compliance surveys and inspections 
    the Commission decides are desirable to allow it to act on an 
    application or to make a finding on the fitness of a carrier.

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2421.)

                                          Historical and Revision Notes
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           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
307(a)................................  49:1653(e)(1).                   Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          4(e),
 80 Stat. 934.
307(b)................................  49:1653(e)(2).
307(c)................................  49:1653(e)(3), (4).
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---------------------------------

    In the section, the words ``be the duty of'' before ``Secretary 
shall'' are omitted as surplus.
    In subsection (a), the word ``inspect'' is substituted for 
``investigate'' as being more appropriate. The words ``person applying 
to the Interstate Commerce Commission for authority to provide 
transportation or freight forwarder service'' are substituted for 
``applicant seeking operating authority from the Interstate Commerce 
Commission'' as being more precise and to conform to subtitle IV of the 
revised title. The words ``of the inspection'' are inserted for clarity.
    In subsection (b), the words ``person applying for permanent 
authority to provide transportation or freight forwarder service'' are 
substituted for ``applicant for permanent operating authority'' as being 
more precise and to conform to subtitle IV of the revised title. The 
words ``proposed transfer of permanent authority'' are substituted for 
``proposed transaction involving transfer of operating authority'' to 
eliminate surplus words and for clarity because the transfer only 
involves permanent authority.
    In subsection (c)(1), the words ``providing transportation or 
freight forwarder service subject to its jurisdiction'' are inserted for 
clarity.
    Subsection (c)(2) is substituted for 49:1653(e)(3) for clarity and 
to conform to subtitle IV of the revised title. The words ``freight 
forwarder service'' are not used because the law does not provide for 
temporary authority for freight forwarders.
    In subsection (c)(3) and (4), the word ``finding'' is substituted 
for ``determination'' to conform to subtitle IV of the revised title.
    In subsection (c)(3), the words ``necessary or'' before 
``desirable'' are omitted as surplus.

  Abolition of Interstate Commerce Commission and Transfer of Functions

    Interstate Commerce Commission abolished and functions of Commission 
transferred, except as otherwise provided in Pub. L. 104-88, to Surface 
Transportation Board effective Jan. 1, 1996, by section 702 of this 
title, and section 101 of Pub. L. 104-88, set out as a note under 
section 701 of this title. References to Interstate Commerce Commission 
deemed to refer to Surface Transportation Board, a member or employee of 
the Board, or Secretary of Transportation, as appropriate, see section 
205 of Pub. L. 104-88, set out as a note under section 701 of this 
title.
