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“Pending such hearing and the decision thereon, the Commission may from time to time suspend the operation of such schedule and defer the use of such rate, fare, or charge, or such rule, regulation, or practice, for a period not longer than three months beyond the time when it would otherwise go into effect, but only if it determines on the basis of factual information by sworn complaint, affidavit or other evidence, furnished by the complainant, or as a result of its own investigation, (a) that the rate, fare, or charge, or rule, regulation, or practice would probably be unlawful, and (b) that making such rate, fare, or charge, or rule, regulation, or practice effective would result in injury to the complainant, and (c) that remedies available to the complainant would, in the absence of suspension, be inadequate; and the Commission shall file with such schedule and deliver to the carrier or carriers affected by such suspension a statement in writing of its reasons for the suspension. After hearing whether completed before or after the rate, fare, charge, classification, rule, regulation, or practice goes into effect, the Commission may make such order with reference thereto as would be proper in a proceeding initiated after it had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed change of rate, fare, or charge, or classification, rule, regulation, or practice shall go into effect at the end of such period : Provided, That this paragraph shall not apply to any initial schedule or schedules filed on or before July 31, 1938, by any such carrier in bona fide operation when this section takes effect. Åt any hearing involving a change in a rate, fare, charge, or classification, or in a rule, regulation, or practice, the burden of proof shall be upon the carrier filing the schedule to show that the proposed changed rate, fare, charge, classification, rule, regulation, or practice is lawful, unless the complainant is also a carrier."

(g) Subsection (h) of section 216 of the Interstate Commerce Act, as amended, is amended by striking out the words "justness or reasonableness" in the first clause thereof and in.erting in lieu thereof the word "lawfulness."

(h) Subsection (i) of section 216 of the Interstate Commerce Act, as amended, is hereby repealed.

SEC. 12. (a) Subsection (a) of section 218 of the Interstate Commerce Act, as amended, is amended (1) by striking out of the second sentence the word "minimum", and (2) by striking out the last four sentences and inserting in lieu thereof the following: "No such contract carrier, unless otherwise provided by this part shall engage

in the transportation of passengers or property in interstate or foreign commerce unless the rates, fares, and charges actually maintained and charged for such transportation by said carrier have been published, filed, and posted in accordance with the provisions of this part, or in the alternative, at the carrier's option, unless the actual contract or contracts of such carrier covering such transportation have been published, filed, and posted in lieu thereof, in accordance with such regulations as the Commission shall prescribe. In all other respects, every such carrier shall be subject to section 217.”

(b) Subsection (b) of section 218 of the Interstate Commerce Act, as amended, is amended to read as follows:

“(b) Whenever, after hearing, upon complaint or upon its own initiative the Commission finds that any minimum rate or charge of

any contract carrier by motor vehicle, or any rule, regulation, or practice of any such carrier affecting such minimum rate or charge, or the value of the service thereunder, for the transportation of passengers or property or in connection therewith, contravenes the national transportation policy declared in this Act, or is in contravention of any provision of this Act, the Commission may prescribe such just and reasonable minimum rate or charge, or such rule, regulation, or practice as in its judgment may be necessary or desirable in the public interest and will not be in contravention of any provision of this Act. Such minimum rate or charge, or such rule, regulation, or practice, so prescribed by the Commission, shall give no advantage or preference to any such carrier in competition with any common carrier subject to this Act, which the Commission may find to be undue or inconsistent with the public interest and the national transportation policy declared in this Act, and the Commission shall give due consideration to the cost of the services rendered by such contract carriers. All complaints shall state fully the facts complained of and the reasons for such complaint and shall be made under oath."

(c) Subsection (c) of section 218 of the Interstate Commerce Act, as amended, is amended to read as follows:

"(c) Whenever there shall be filed with the Commission by any such contract carrier any schedule stating a charge for a new service or a reduced charge directly, or by means of any rule, regulation, or practice, for the transportation of passengers or property in interstate or foreign commerce, the Commission is hereby authorized and empowered upon complaint of interested parties or upon its own initiative at once and, if it so orders, without answer or other formal pleading by the interested party, but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such charge, or such rule, regulation, or practice.

“Pending such hearing and the decision thereon, the Commission may from time to time suspend the operation of such schedule and defer the use of such charge, or such rule, regulation, or practice, for a period not longer than three months beyond the time when it would otherwise go into effect, but only if it determines on the basis of factual information by sworn complaint, affidavit, or other evidence, furnished by the complainant, or as a result of its own investigation, (1) that the charge, or rule, regulation, or practice would probably be unlawful, and (2) that making such charge, or rule, regulation, or practice effective would result in injury to the complainant, and (3) that remedies available to the complainant would, in the absence of suspension, be inadequate; and the Commission shall file with such schedule and deliver to the carrier affected by such suspension a statement in writing of its reasons for the suspension. After full hearing, whether completed before or after the charge, or rule, regulation, or practice goes into effect, the Commission may make such order with reference thereto as would be proper in a proceeding initiated after it had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed change in any charge, or rule, regulation, or practice shall go into effect at the end of such period: Provided, That this paragraph shall not apply to any initial schedule or schedules filed on or before July 31, 1938, by any such carrier in bona tide operation when this section takes effect. The

rule as to burden of proof specified in section 216 (g) shall apply to this paragraph.”

Sec. 13. (a) Subsection (d) of section 302 of the Interstate Commerce Act, as amended, is amended by striking out "except" and inserting in lieu thereof "including any person heretofore engaged in transportation as a contract carrier by water which the Commission shall find in appropriate proceedings not to be engaged in transportation as a contract carrier

by water as defined hereby, but excluding”. (b) Subsection (e) of section 302 of the Interstate Commerce Act, as amended, is amended by amending the first sentence thereof to read as follows: "The term 'contract carrier by water' means any person which engages in transportation by water of passengers or property in interstate or foreign commerce for compensation (other than transportation referred to in paragraph (d) and the exemption therein) on the basis of bilateral contracts for specialized or individualized service or services equivalent to bona fide private carriage by water".

SEC. 14. Subsection (b) of section 303 of the Interstate Commerce Act, as amended, is hereby repealed.

Sec. 15. (a) Subsection (a) of section 305 of the Interstate Commerce Act, as amended, is amended to read as follows:

“(a) It shall be the duty of every common carrier by water, with respect to transportation subject to this part which it undertakes or holds itself out to perform, or which it is required by or under authority of this part to perform to provide and furnish such transportation upon reasonable request therefor, and to establish, observe, and enforce rates, fares, charges, and classifications, regulations, and practices to be applied in connection therewith which result in charges not less than just and reasonable minimum charges nor more than just and reasonable maximum charges, and just and reasonable regulations and practices relating thereto, and to the issuance, form, and substance of tickets, receipts, bills of lading, and manifests, the manner and method of presenting, marking, packing, and delivering property for transportation, the carrying of personal, sample, and excess baggage, the facilities for transportation, and all other matters relating to or connected with such transportation in interstate or foreign commerce. All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, shall be not less than just and reasonable minimum charges nor more than just and reasonable maximum charges therefor, and every charge for such service or any part thereof which is less than a reasonable minimum charge or more than a just and reasonable maximum charge is prohibited and declared to be unlawful."

(b) Subsection (b) of section 305 of the Interstate Commerce Act, as amended, is amended by amending the first two sentences therein to read as follows: "It shall be the duty of common carriers by water to establish reasonable through routes with other such carriers and with common carriers by railroad, for the transportation of persons or property, and rates, fares, charges, and classifications applicable thereto which result in charges not less than just and reasonable minimum charges nor more than just and reasonable maximum charges, and to provide reasonable facilities for operating such through routes, and to make reasonable rules and regulations with respect to their

operation and providing for reasonable compensation to those entitled thereto. Common carriers by water may establish reasonable through routes and rates, fares, charges, and classifications applicable thereto which result in charges not less than just and reasonable minimum charges nor more than just and reasonable maximum charges with common carriers by motor vehicle.”

(c) Subsection (c) of section 305 of the Interstate Commerce Act, as amended, is amended by striking out the last sentence.

Sec. 16. Subsection (e) of section 306 of the Interstate Commerce Act, as amended, is amended (1) by striking out of the second sentence the word “minimum", and (2) by striking out the last five sentences and inserting in lieu thereof the following: “No contract carrier by water, unless otherwise provided by this part, shall engage in transportation subject to this part unless the rates, fares, or charges actually maintained and charged have been published, filed, and posted in accordance with the provisions of this part, or in the alternative, at the carrier's option, unless the actual contract or contracts covering such transportation have been published, filed, and posted in lieu thereof, if accordance with such regulations as the Commission shall prescribe. In all other respects every such carrier shall be subject to sections 306 (a)-(d)."

Sec. 17. (a) Subsection (b) of section 307 of the Interstate Commerce Act, as amended, is amended to read as follows:

"(b) Whenever, after hearing, upon complaint or in an investigation on its own initiative, the ('ommission shall be of opinion that any individual or joint rate, fare, or charge demanded, charged, or collected by any common carrier or carriers by water for transportation subject to this part, or any regulation, practice, or classification of such carrier or carriers relating to such transportation, is or will be in contravention of any provision of this part, it shall determine and prescribe the lawful reasonable minimum or maximum rate, fare, or charge thereafter to be observed, or the lawful relationship, regulation, practice, or classification thereafter to be made effective."

(b) Subsection (c) of section 307 of the Interstate ('ommerce Act, as amended, is amended by striking out the words “justness or reasonableness" in the first clause thereof, and inserting in lieu thereof the word "lawfulness".

(c) Subsection (d) of section 307 of the Interstate ('ommerce Act, as amended, is amended to read as follows:

"(d) The Commission may, and it shall whenever deemed by it to be necessary or desirable in the public interest, after full hearing upon complaint or upon its own initiative without a complaint, establish through routes, joint classifications which when applied with joint rates, fares, or charges result in charges not less than just and reasonable minimum charges nor more than just and reasonable maximum charges, and just and reasonable minimum or maximum joint rates, fares, or charges, applicable to the transportation of passengers or property by common carriers by water, or by such carriers and carriers by railroad, and the divisions of such rates, fares, or charges as hereinafter provided, and the terms and conditions under which such through routes shall be operated. The Commission shall not, however, establish any through route, classification, or practice, or any rate, fare, or charge, between street electric passenger railways not

engaged in the general business of transporting freight in addition to their passenger and express business, and common carriers by water. No existing through route shall be canceled except by agreement of all carriers whose lines are embraced therein unless the Commission shall, upon application and after hearing, find that cancellation is consistent with the public interest without regard to the provisions of paragraph (4) of section 15, and the burden of proof shall be upon the carrier or carriers to show that the cancellation is consistent with such public interest."

(d) Subsection (f) of section 307 of the Interstate Commerce Act, as amended, is hereby repealed.

(e) Subsection (g) of section 307 of the Interstate Commerce Act, as amended, is amended to read as follows:

"(g) Whenever there shall be filed with the Commission any schedule (except a schedule referred to in section 322) stating a new rate, fare, charge, classification, regulation, or practice for the interstate or foreign transportation of passengers or property by a common carrier or carriers by water, the Commission may upon protest of interested parties or upon its own initiative at once, and if it so orders, without answer or other formal pleading by such carrier or carriers, but upon reasonable notice, enter upon an investigation concerning the lawfulness of such rate, fare, charge, classification, regulation, or practice.

“Pending such hearing and the decision thereon, the Commission may from time to time suspend the operation of such schedule and defer the use of such rate, fare, charge, classification, regulation, or practice, for a period not longer than three months beyond the time when it would otherwise go into effect but only if it determines on the basis of factual information furnished by sworn complaint, affidavit, or other evidence, furnished by the complainant, or as a result of its own investigation, (1) that the rate, fare, charge, classification, regulation, or practice would probably be unlawful, and (2) that making such rate, fare, charge, classification, regulation, or practice effective would result in injury to the complainant, and (3) that remedies available to the complaint would, in the absence of suspension, be inadequate; and the Commission shall file with such schedule and deliver to the carrier or carriers affected thereby a statement in writing of its reasons for the suspension. After hearing, whether completed before or after the rate, fare, charge, classification, regulation, or practice goes into effect, the Commission may make such order with reference thereto, as would be proper in a proceeding instituted after :such rate, fare, charge, classification, regulation, or practice had become effective. If the proceeding shall not have been concluded and an order made within the period of suspension, the proposed rate, fare, charge, classification, regulation, or practice shall go into effect at the end of such period: Provided, however, That this subsection shall not apply to any initial schedule filed prior to October 1, 1941, by any such carrier (other than a carrier subject, at the time this part takes effect, to the provisions of the Intercoastal Shipping Act, 1933, as amended, or the Shipping Act, 1916, as amended) insofar as such :schedule names rates on traffic, or for services connected therewith, as to which such carrier was in bona fide operation on January 1, 1940. At any hearing involving a change in a rate, fare, charge, or elassifi

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