Page:United States Statutes at Large Volume 92 Part 2.djvu/70

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 1350

PUBLIC LAW 95-473—OCT. 17, 1978

(2) The Commission may grant a rehearing, reargument, or reconsideration of an action of the Commission that was taken by a division designated by the Commission if it finds that— (A) the action involves a matter of general transportation importance; or (B) the action would be affected materially because of clear and convincing new evidence or changed circumstances. Petition. An interested party may petition for rehearing, reargument, or reconsideration of an action of the Commission under this paragraph under regulations of the Commission. The Commission may stay an action pending a final determination under this paragraph. The Commission shall complete reconsideration and take final action by the 120th day after the petition is granted. (h) An action of the Commission under this section and an action of a designated division under subsection (c) of this section is effective on the 30th day after service on the parties to the proceeding unless the Commission provides for it to become effective on an earlier date. (i) Notwithstanding this subtitle, an action of the Commission under this section and an action of a designated division under subsection (c) of this section is final on the date on which it is served, and a civil action to enforce, enjoin, suspend, or set aside the action may be filed after that date. Extensions. (j) The Commission may extend a time period established by this section for a period of not more than 90 days. The extension shall be granted if a majority of the Commissioners agree to it by public vote. Annual report to T'he Commission shall send a written annual report to each House of G>ngress. Congress about extensions granted under this subsection. The report shall specify each extension granted (classified by the type of proceedI- ing involved) together with the reasons for and duration of each extension. (k) If an extension granted under subsection (j) of this section is not sufficient to allow for completion of necessary proceedings, the Commission may grant a further extension in an extraordinary situation if— (1) at least 7 Commissioners agree to the further extension by public vote; and (2) not later than the 15th day before expiration of the extension granted under subsection (j) of this section, the Commission submits a written report to the Congress that a further extension has been granted. The report shall include— (A) a full explanation of the reasons for the further extension; .,.

(B) the anticipated duration of the further extension; ':• \ • (C) the issues involved in the matter before the Commission; and (D) the names of personnel of the Commission working on the matter. 49 USC 10328. § 10328. Intervention (a) Designated representatives of employees of a carrier may intervene and be heard in a proceeding arising under this subtitle that affects those employees. (b) Under regulations of the Interstate Commerce Commission, • •' '• reasonable notice of, and an opportunity to intervene and participate in, a proceeding under this subtitle related to transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title that is, or is proposed to be, provided in a State shall