49 U.S.C. § 13703 — Certain collective activities; exemption from antitrust laws

(a) Agreements.
(1) Authority to enter: A motor carrier^* under chapter 135's jurisdiction may agree with other such carriers to set up: (A) through routes and joint rates; (B) household goods rates; (C) classifications; (D) mileage guides; (E) rules; (F) divisions; (G) general rate adjustments based on industry average costs, as long as they don't discuss individual markets or single carriers' rates; or (H) procedures for jointly working on any of (A) through (G).
(2) Submission of agreement to board^*; approval: Any carrier^* in the agreement can send it to the Board for approval. The Board can only approve it if the Board finds it's in the public interest.
(3) Conditions: The Board may require reasonable conditions, consistent with this part, to make sure the agreement supports the transportation^* policy in section 13101.
(4) Independently established rates: A carrier that's part of an agreement can still set its own rates, classifications, and mileages independently, or use a non-collective classification or mileage guide.
(5) Investigations: (A) Reasonableness: The Board may suspend and investigate whether any rate, rule, classification, or general rate adjustment made under an agreement is reasonable. (B) Actions not in the public interest: The Board may investigate any action taken under an approved agreement. If the Board decides the action isn't in the public interest, it may act to protect the public interest, including ordering the parties to stop or change the action.
(6) Effect of approval: If the Board approves or renews the agreement, it can be carried out under its terms and the Board's conditions, and antitrust laws — as defined in the Clayton Act's first section — don't apply to the people making or carrying it out.

(b) Records: The Board may require an organization set up under an approved agreement to keep records and file reports. The Board or someone it appoints may inspect those records or check the organization's compliance.

(c) Review.
(1) In general: The Board may review an approved agreement on its own or on request, and must change or end its approval when needed to protect the public interest. Board actions here — (A) approving, (B) denying, ending, or changing approval, (C) setting conditions, or (D) changing conditions — only affect how antitrust law applies.
(2) Periodic review of approvals: Starting in the 5-year period after this paragraph became law, and every 5 years after that, the Board must start a review of every approved agreement. Each agreement continues unless the Board decides otherwise.

(d) Existing Agreements.
(1) Agreements existing as of December 31, 1995: Agreements approved under the old section 10706(b) and still in effect on that date are treated as approved by the Board under this section starting January 1, 1996.
(2) Cases pending as of date of the enactment: A part of the Motor Carrier Safety Improvement Act of 1999 — section 227, except subsection (b) — doesn't affect any case under this section already pending before the Board.

(e) Limitations on Statutory Construction.
(1) Undercharge claims: Nothing here supports an undercharge claim.
(2) Obligation of shipper: Nothing in this title or the ICC Termination Act of 1995 creates any shipper obligation based only on a classification on file with the old Interstate Commerce Commission on December 31, 1995.

(f) Industry Standard Guides.
(1) In general: (A) Public availability: Routes, rates, classifications, mileage guides, and rules set under approved agreements must be published and made available for public inspection on request. (B) Participation of carriers: (i) In general: A motor carrier whose routes, rates, classifications, mileage guides, rules, or packaging are set by these joint publications must actually participate in that publication for those terms to apply to it. (ii) Power of attorney: The carrier must give the publishing agent power of attorney; once accepted, the agent must certify in writing that the carrier participates, and that certification must be available for public inspection.
(2) Mileage limitation: A carrier under subchapter I or III of chapter 135 can't collect its mileage rates unless it either: (A) participates in a mileage publication made under an approved agreement; or (B) uses a different mileage publication that any interested person can examine on reasonable request.

(g) Single Line Rate Defined: In this section, "single line rate" means a rate, charge, or allowance one motor carrier proposes that applies only on its own line, for transportation that carrier alone can provide.