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Volume 82 · 449

Public Law 90–433

To amend sections 203(b)(5) and 220 of the Interstate Commerce Act, as amended, and for other purposes.

Approved July 26, 1968

Statutory text

AN ACT

To amend sections 203(b)(5) and 220 of the Interstate Commerce Act, as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That at the end of section 203(b)(5) of the Interstate Commerce Act delete the semicolon and add the following language: “, but any interstate transportation performed by such a cooperative association or federation of cooperative associations for nonmembers who are neither farmers, cooperative associations, nor federations thereof for compensation, except transportation otherwise exempt under this part, shall be limited to that which is incidental to its primary transportation operation and necessary for its effective performance and shall in no event exceed 15 per centum of its total interstate transportation services in any fiscal year, measured in terms of tonnage: Provided, That, for the purposes hereof, notwithstanding any other provision of law, transportation performed for or on behalf of the United States or any agency or instrumentality thereof shall be deemed to be transportation performed for a non-member: Provided further, That any such cooperative association or federation which performs interstate transportation for nonmembers who are neither farmers, cooperative associations, nor federations thereof, except transportation otherwise exempt under this part, shall notify the Commission of its intent to perform such transportation prior to the commencement thereof: And provided further, That in no event shall any such cooperative association or federation which is required hereunder to give notice to the Commission transport inter-state for compensation in any fiscal year of such association or federation a quantity of property for non members which, measured in terms of tonnage, exceeds the total quantity of property transported interstate for itself and its members in such fiscal year.

Sec. 2.

Section 220 of the Interstate Commerce Act, as amended,

Accounts, etc. of motor carriers, access and inspection authority.

49 USC 320.

is further amended by adding the following immediately after subsection (f):

“(g)

The Commission or its duly authorized special agents, accountants, or examiners shall, during normal business hours, have access to and authority, under its order, to inspect, examine, and copy any and all accounts, books, records, memorandums, correspondence, and other documents pertaining to motor vehicle transportation of a cooperative association or federation of cooperative associations which is required to give notice to the Commission pursuant to the provisions of section 203(b)(5) of this part: Provided, however, That the Commission shall have no authority to prescribe the form of any accounts, records, or memorandums to be maintained by a cooperative association or federation of cooperative associations.”

Approved July 26, 1968.

Parsed from the official Statutes at Large USLM XML in 82.xml