§11322 — Title 49 Transportation | U.S. Code

Summary

Rail companies under the Board's control must get the Board's OK before they team up with another carrier to share traffic, services, or any part of their earnings. The Board can say yes if the carriers agree and the Board finds the sharing will give better service or save operating costs and will not unfairly limit competition. The Board can set conditions on the deal and allow reasonable payments between the carriers. It can start a review on its own or when someone asks.

Title 49, §11322

Transportation — Source: USLM XML via OLRC

(a)A rail carrier providing transportation subject to the jurisdiction of the Board under this part may not agree or combine with another of those rail carriers to pool or divide traffic or services or any part of their earnings without the approval of the Board under this section or section 11123 of this title. The Board may approve and authorize the agreement or combination if the rail carriers involved assent to the pooling or division and the Board finds that a pooling or division of traffic, services, or earnings—

(1)will be in the interest of better service to the public or of economy of operation; and

(2)will not unreasonably restrain competition.

(b)The Board may impose conditions governing the pooling or division and may approve and authorize payment of a reasonable consideration between the rail carriers.

(c)The Board may begin a proceeding under this section on its own initiative or on application.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11342 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 11322, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1433, related to restrictions on officers and directors of carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See section 11328 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

§11322 Limitation on pooling and division of transportation or earnings