Page:United States Statutes at Large Volume 104 Part 2.djvu/327

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PUBLIC LAW 101-505—NOV. 3, 1990 104 STAT. 1307 petition with an existing, scheduled, regular-route, passenger transportation service performed by, or under a contract with, the Federal Government, a signatory to the Compact, a political subdivision of a signatory, or the Weishington Metropolitan Area Transit Authority, notwithstanding any Certificate of Authority. "(d) A certificate for the transportation of passengers may include authority to transport newspapers, passenger baggage, express, or mail in the same vehicle, or to transport passenger baggage in a separate vehicle. "10. (a) Certificates shall be effective from the date specified on them and shall remain in effect until amended, suspended, or terminated. "(b) Upon application by the holder of a certificate, the (Dommission may suspend, amend, or terminate the Certificate of Authority. "(c) Upon complaint or the Commission's own initiative, the Commission, after notice and hearing, may suspend or revoke all or part of any Certificate of Authority for willful failure to comply with— "(i) a provision of this Act; "(ii) an order, rule, or regulation of the Commission; or "(iii) a term, condition, or limitation of the certificate. "(d) The Commission may direct that a carrier cease an operation conducted under a certificate if the (Commission finds the operation, after notice and hearing, to be inconsistent with the public interest. "11. (a) A person may not transfer a C!ertificate of Authority unless the Commission approves the transfer as consistent with the public interest. "(b) A person other than the person to whom an operating authority is issued by the Commission may not lease, rent, or otherwise use that operating authority. "12. (a) A carrier may not abandon any scheduled commuter service operated under a Certificate of Authority issued to the carrier under this Act, unless the (Dommission authorizes the carrier to do so by a Commission order. "(b) Upon application by a carrier, the Commission shall issue an order, after notice and hearing, if it finds that abandonment of the route is consistent with the public interest. "(c) The Commission, by regulation or otherwise, may authorize the temporary suspension of a route if it is consistent with the public interest. "(d) As long as the carrier has an opportunity to earn a reasonable return in all its operations, the fact that a carrier is operating a service at a loss will not, of itself, determine the question of whether abandonment of service is consistent with the public interest. "18. (a) When the (Commission finds that there is an immediate need for service that is not available, the Commission may grant temporary authority for that service without a hearing or other proceeding up to a maximum of 180 consecutive days, unless suspended or revoked for good cause. "(b) A grant of temporary authority does not create any presumption that permanent authority will be granted at a later date. "Rates and Tariffs "14. (a) Each carrier shall file with the Commission, publish, and keep available for public inspection tariffs showing—