§11325 — Title 49 Transportation | U.S. Code

Summary

The Board must put a notice in the Federal Register within 30 days after someone files an application. If the application is incomplete, the Board must reject it by that time and the rejection is final. The notice will say which of three kinds of cases it is: a merger or control of at least two Class I railroads (Class I = as the Board defines), a transaction the Board calls regionally or nationally important, or any other covered transaction. Each kind has its own deadlines. If it is a merger or control of two or more Class I railroads, written comments can be filed within 45 days after the notice. Copies of comments must go to the Attorney General and the Secretary of Transportation. They must decide whether to join the case within 15 days after they get the comments, and if they join they must send preliminary comments by the end of that 15th day. Any conflicting applications or requests to join must be filed by the 90th day after notice. The Board must finish formal evidence hearings by 1 year after notice and issue a final decision within 90 days after those hearings end. If the Board calls the transaction regionally or nationally important, written comments (including any from the Attorney General and the Secretary of Transportation) are due within 30 days. Conflicting or joining applications must be filed by the 60th day after notice. The Board must finish hearings by the 180th day after notice and issue a final decision within 90 days after hearings end. For all other covered transactions, written comments (including any from the Attorney General and the Secretary of Transportation) are due within 30 days. The Board must finish hearings by the 105th day after notice and issue a final decision within 45 days after hearings end.

Title 49, §11325

Transportation — Source: USLM XML via OLRC

(a)The Board shall publish notice of the application under section 11324 in the Federal Register by the end of the 30th day after the application is filed with the Board. However, if the application is incomplete, the Board shall reject it by the end of that period. The order of rejection is a final action of the Board. The published notice shall indicate whether the application involves—

(1)the merger or control of at least two Class I railroads, as defined by the Board, to be decided within the time limits specified in subsection (b) of this section;

(2)transactions of regional or national transportation significance, to be decided within the time limits specified in subsection (c) of this section; or

(3)any other transaction covered by this section, to be decided within the time limits specified in subsection (d) of this section.

(b)If the application involves the merger or control of two or more Class I railroads, as defined by the Board, the following conditions apply:

(1)Written comments about an application may be filed with the Board within 45 days after notice of the application is published under subsection (a) of this section. Copies of such comments shall be served on the Attorney General and the Secretary of Transportation, who may decide to intervene as a party to the proceeding. That decision must be made by the 15th day after the date of receipt of the written comments, and if the decision is to intervene, preliminary comments about the application must be sent to the Board by the end of the 15th day after the date of receipt of the written comments.

(2)The Board shall require that applications inconsistent with an application, notice of which was published under subsection (a) of this section, and applications for inclusion in the transaction, be filed with it by the 90th day after publication of notice under that subsection.

(3)The Board must conclude evidentiary proceedings by the end of 1 year after the date of publication of notice under subsection (a) of this section. The Board must issue a final decision by the 90th day after the date on which it concludes the evidentiary proceedings.

(c)If the application involves a transaction other than the merger or control of at least two Class I railroads, as defined by the Board, which the Board has determined to be of regional or national transportation significance, the following conditions apply:

(1)Written comments about an application, including comments of the Attorney General and the Secretary of Transportation, may be filed with the Board within 30 days after notice of the application is published under subsection (a) of this section.

(2)The Board shall require that applications inconsistent with an application, notice of which was published under subsection (a) of this section, and applications for inclusion in the transaction, be filed with it by the 60th day after publication of notice under that subsection.

(3)The Board must conclude any evidentiary proceedings by the 180th day after the date of publication of notice under subsection (a) of this section. The Board must issue a final decision by the 90th day after the date on which it concludes the evidentiary proceedings.

(d)For all applications under this section other than those specified in subsections (b) and (c) of this section, the following conditions apply:

(2)The Board must conclude any evidentiary proceedings by the 105th day after the date of publication of notice under subsection (a) of this section. The Board must issue a final decision by the 45th day after the date on which it concludes the evidentiary proceedings.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11345 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

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.

§11325 Consolidation, Merger, and Acquisition of Control: Procedure