89 STAT. 1212
CONCURRENT RESOLUTIONS—DEC. 19, 1975 (d) of this paragraph. That" and insert in lieu thereof "subdivision (d) alleging that"; (3) strike in its entirety clause (iv) of new subdivision (c) thereof and insert in lieu thereof the following new such clause (iv): "(iv) the increase or decrease for any rate filed within the second year following such date of enactment is not more than 7 per centum of the rate in effect on January 1, 1977;"; (4) in new subdivision (d) thereof— (A) after "interested party" and before "that—" insert the following: "or of the Office of Eail Public Counsel"; (B) after "injury to the complainant" and before "; and" insert the following "or, in the case of the complaint of such Office, injury to a member of the public or the public generally"; (5) in new subdivision (f) thereof after the first sentence thereof and before the last sentence thereof insert the following two new sentences: "In any hearing under this section, the burden of proof is on the carrier to show that the proposed changed rate, fare, charge, classification, rule, regulation, or practice is compensatory, just, and reasonable. The Commission shall specifically consider, in any such hearing, proof that such proposed changed rate, fare, charge, classification, rule, regulation, or practice will have a significantly adverse effect on the competitive posture of shippers or consignees to be affected by such change.". SEC. 15. In section 202(f) of the bill in the clause preceding paragraph (1) thereof strike "to" and in paragraph (1) thereof immediately before "modify" insert "to". SEC. 16. In section 15(3) of the Interstate Commerce Act (as amended by section 203(a) of the bill)(1) strike "In determining" in the first sentence of the new matter and insert in lieu thereof "With respect to carriers by railroad, in determining"; and (2) strike " (C) " and insert in lieu thereof "(c)". SEC. 17. In new section 5b of the Interstate Commerce Act (as inserted in section 208(b) of the bill) — (1) in paragraph (6)(a)(i) thereof strike "discussions or"; (2) in paragraph (6)(a)(ii) thereof strike "discussions or". SEC. 18. In new section 24 of the Interstate Commerce Act (as inserted by section 304 of the bill)— (1) strike out the brackets and the second sentence in subsection (b) thereof and insert in lieu thereof the following: "The Director shall be appointed by the Commission and shall be qualified and take office upon the approval of such appointment by a concurrent resolution of the Senate and of the House of Representatives."; (2) in subsection (c) thereof strike "recommednations" and insert in lieu thereof "recommendations"; (3) in subsection (e) thereof strike the comma after President and all that follows through the end of such subsection and insert in lieu thereof a period. SEC. 19. In section 306 of the Eegional Rail Reorganization Act of 1973 (as inserted in section 609(b) of the bill) strike out the bracket immediately before "SEC. 306.". SEC. 20. In section 403 of the bill— (1) insert " (a) " immediately after "403.";
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