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B-175155 1 (1977-03-23)

handle is hein.gao/gaobaddxd0001 and id is 1 raw text is: Richard Parsons ~0N', THE COMPTROLLER GENERAL ECIKION .DP THE UNITED ETATUS 4 . /WAUwNNuON. D.C. 2054 FILE: DATE: V1AR2Z 197 3-175155 MATTER OF: Interbms Authority et 1CC Office of WM1 Public Couasal DIGEBT: P(w 1. The Office of Nail PublfS Comnsel to be established under authority of a new section 27 of the Interstate Commere Act as asaded by section 304 of the Rail Revitalization and Regulatory Raform Act of 1976, Pub. L. No. 94-210, Is indepandent of the Interstate Cmmcte Cormission although affiliat.d therewith. Consequently the Coamission has n authority to appoint an trarLm Ditector or other emloyees of such statutory Office. 7. The Interstate Comere Coiiuion, as part of its statutory authority under the Regional Rail Morgan- isation Act of 1973, 45 U.S.C. § 715, to make sure thrt the public interest is properly represented 1n its proceedings, can create an Office of Public Counsel with significant but not complete independence from the Camisuion. Creation of the Office of Rail Public Counsel ua4er section 304 of Pub. L. No. 94-210 will preempt from the TCC those functions relating to rait matters granted that independent Office, but such Office is not actually established until.the first Director is appolatw4 by the President and confirmed by the Senate. This decision responds to a request froa George H. Stafford, Chairman of the Interstate Comnerce Cmzisnion (ICC), for advice with respect to whether the Comission may appoint an interiLa director of the newly authorized Office of Rail Public Counsel pend- ing the Presidential appointment and Senate confiuation of the first permanent director under section 304 of the Railroad Revitalization and Regulatory Reform Act of 197C. (known as the 4R Act), Pub. L. No. 94-210, 90 Stat. 51. Mr. Stafford's request was prompted by a suggestion he received from the Chairman of the Senate Comnittee on Canerce and the Chairman of the Surface Transportation Subeccmittee of the Senate Comittee on Comerce that tLe Comission ake such an interim appointment. ce

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