49 U.S.C. § 11322 — Limitation on pooling and division of transportation or earnings
submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 157 words · no verdicts yet
This section limits agreements by rail carriers to pool or divide traffic, services, or earnings unless the Board approves them under specified conditions.
(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.
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—
will be in the interest of better service to the public or of economy of operation; and
will not unreasonably restrain competition.
The Board may impose conditions governing the pooling or division and may approve and authorize payment of a reasonable consideration between the rail carriers.
The Board may begin a proceeding under this section on its own initiative or on application.
Source credit: (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 838.)
- 1995Enacted · Pub. L. 104-88 · 109 Stat. 838
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-88 on 1995-12-29.
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