riers, providing of support services for members, and changes in rules or regulations which are of at least substantially general application throughout the area in which such changes will apply.

(E) On and after January 1, 1983, no agreement approved under this subsection may provide for discussion of or voting upon any single-line rate proposed by a motor common carrier of passengers. On and after January 1, 1984, no agreement approved under this subsection may provide for discussion of or voting upon any joint rate proposed by one or more motor common carriers of passengers. This subparagraph shall not apply to any rate applicable to special or charter transportation. This subparagraph and subparagraph (B)(i)(II) of this paragraph shall not apply to the following:

(i) any general rate increase or decrease, broad change in tariff structure, or promotional or innovative fare change, as defined by the Commission and subject to such notice requirements as the Commission may specify by regulation, if discussion of such general increase or decrease is limited to industry average carrier costs and intermodal competitive factors and does not include discussion of individual markets or particular single-line rates or joint rates; and

(ii) publishing of tariffs, filing of independent actions for individual member carriers, providing of support services for members, and changes in rules or regulations which are of at least substantially general application throughout the area in which such changes will apply.

(F) After the effective date of this subparagraph, no agreement approved under this subsection may provide for discussion of or voting upon any rate applicable to special or charter transportation proposed by a motor common carrier of passengers. This subparagraph shall not apply to publication of any such rate.

(G) In any proceeding in which a party to such proceeding alleges that a carrier voted, discussed, or agreed on a rate or allowance in violation of this subsection, that party has the burden of showing that the vote, discussion, or agreement occurred. A showing of parallel behavior does not satisfy that burden by itself.

(H) The Commission shall, by regulation, determine reasonable quorum standards to be applied for meetings of organizations established or continued under an agreement approved under this subsection.

(4) Notwithstanding any other provision of this subtitle, before the date on which the antitrust immunity is eliminated for discussion of or voting on single-line rates by paragraph (3)(D) of this subsection, the Commission may not take any action which would, on the basis of the type of carrier service involved (including service by carriers singly or in combination with other carriers), result in the exclusion of one or more motor common carriers of property from discussion or voting under agreements authorized by this subsection on matters concern

ing rates, allowances, classifications, or divisions, except that before such date, the Commission may issue regulations which take effect on or after such date to carry out the provisions of such paragraph.

(5) Notwithstanding any other provision of this subtitle (other than paragraph (3)(F) of this subsection, relating to special and charter transportation of passengers), before January 1, 1983, the Commission may not take any action which would, on the basis of the type of carrier service involved (including service by carriers singly or in combination with other carriers), result in the exclusion of one or more motor common carriers of passengers from discussion or voting under agreements authorized by this subsection on matters concerning rates, allowances, or divisions, except that before January 1, 1983, the Commission may issue regulations which take effect on or after January 1, 1983, to carry out the provisions of paragraph (3)(E) of this subsection.

(c) A common carrier providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title (except a rail carrier or a motor common carrier) that is a party to an agreement of at least 2 carriers related to rates (including charges between carriers and compensation paid or received for the use of facilities and equipment), allowances, classifications, divisions, or rules related to them, or procedures for joint consideration, initiation, or establishment of them, may apply to the Commission for approval of that agreement under this subsection. The Commission shall approve the agreement only when it finds that the making and carrying out of the agreement will further the transportation policy of section 10101 of this title and may require compliance with conditions necessary to make the agreement further that policy as a condition of approval. If the Commission approves the agreement, it may be made and carried out under its terms and under the conditions required by the Commission, and the antitrust laws, as defined in section 12 of title 15, do not apply to parties and other persons with respect to making or carrying out the agreement. (d)(1) In this subsection, carriers are classified as follows:

(A) Rail, express, and sleeping car carriers are a class.

(B) Pipeline carriers are a class.
(C) Motor carriers are a class.
(D) Water carriers are a class.

(E) Freight forwarders are a class. (2) The Commission may not approve an agreement under this section

(A) between or among carriers of different classes unless, in addition to the finding required under subsection (a), (b), or (c) of this section, the Commission finds that the agreement is limited to matters related to transportation under joint rates or over through routes;

(B) related to a pooling, division, or other matter to which subchapter III of chapter 113 of this title applies; or

(C) establishing a procedure for determination of a matter through joint consideration

as a condition of approval" are substituted for "approval... shall be granted only upon such terms and conditions. . . necessary . . . to enable its approval to be granted in accordance with the standard set forth in this paragraph" for clarity. The 3d sentence restates 49:5c(8) for clarity. The word "written" in 49:5c(2) is omitted as unnecessary in the 4th sentence. 49:5c(2)(v) is omitted as unnecessary because of section 10321 of the revised title giving the Commission the authority to carry out the subtitle and to prescribe regulations.

In subsection (a)(3)(A), the word "organization" is substituted for "conference, bureau, committee, or other organization" as being more inclusive. In subsection (a)(3)(A)(i), 49:5c(5)(a) (i) and (ii) are consolidated to eliminate redundancy. The words "of the same mode" are omitted as surplus since this subsection applies only to rail carriers. The words "under section 10707 of this title" are substituted for "pursuant to section 15(8) of this chapter" to conform to the revised title.

In subsection (a)(3)(B), the words "Subparagraph (A)(i) and (ii) of this paragraph" are substituted for "limitations set forth in subdivision (a) shall not be applicable" for clarity. The word "shippers" is substituted for "shipping public" as being more precise. The words "in writing or otherwise" are omitted as surplus. The words "that are" are substituted for "if such changes are" for clarity. The word "area" is substituted for "territory or territories" as being more precise. In subsection (b), the definitions of 49:5b(1) are omitted as unnecessary in view of the restatement. The words "under such rules and regulations as the Commission may prescribe" are omitted as unnecessary in view of the general power to prescribe regulations under section 10321 of the revised title. The words "by order" are omitted as surplus. The words "if approval thereof is not prohibited by paragraph (4), (5), or (6) of this section" are omitted as unnecessary in view of the restatement. The words "will further" are substituted for "by reason of furtherance" for clarity. The word "only" is substituted for "otherwise the application shall be denied" for clarity. The words "may require compliance with conditions necessary to make the agreement further that policy as a condition of approval" are substituted for "upon such terms and conditions as the Commission may prescribe as necessary to enable it to grant its approval in accordance with the standard above set forth in this paragraph" for clarity.

In subsection (c)(1), the reference to rail carriers in a class is retained to reflect the ambiguity resulting from the amendment made by section 208(a) of the Railroad Revitalization and Regulatory Reform Act of 1976.

In subsection (c)(2), the words "which it finds" are omitted as unnecessary. The word "absolute" is substituted for "free and unrestrained" as being more appropriate. The words "without fear of any sanction or retaliatory action" are omitted as included in the words "absolute right".

In subsection (d), the word "records" is substituted for "accounts, records, files, and memoranda" to eliminate redundancy and for consistency with other sections of the revised title and with subchapter II of chapter 5 of title 5. The words "or its delegate" are substituted for "its duly authorized representatives" for clarity.

In subsection (e), the words "upon complaint or upon its own initiative without complaint" are omitted in view of subsection (f). The word "review" is substituted for "investigate and determine" in view of the general authority to carry out the subtitle in section 10321 of the revised subtitle. The words "or terms and conditions upon which such approval was granted" are omitted as surplus in view of the restatement. The word "change" is substituted for "modify" for consistency. The words "when necessary to comply with (1) the public interest and subsection (a), or (2) subsection (b)" are substituted for "if it finds such action neces

sary to insure conformity with such standard . . . to the extent it finds necessary to insure conformity with such standard or to the extent to which it finds such terms and conditions not necessary to insure such conformity" for clarity.

In subsection (f), the text of 49:5b(8) is omitted as surplus in view of subchapter II of chapter 5 of title 5 and subchapter II of chapter 103 of the revised title. In subsection (g), the words "which the Commission has by order" are omitted as surplus. The word "organization" is substituted for "conference, bureau, committee, or other organization" as being more inclusive. The last sentence of 49:5c(3) is omitted as surplus in view of chapter 103 of the revised title, the authority of the Commission under subsection (d), and the requirement imposed on the Commission under this subsection.

In subsection (h), the last sentence is substituted for 49:5c(10) (last sentence) for clarity and consistency with section 10310(b) of the revised title.

1980 ACT

This amends section 10706(c)(2) to correct a typographical error.

REFERENCES IN TEXT

The Sherman Act, referred to in subsec. (a)(2)(A) and (4), is act July 2, 1890, ch. 647, 26 Stat. 209, as amended, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables.

The Clayton Act, referred to in subsec. (a)(2)(A) and (4), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, which is classified generally to sections 12, 13, 14 to 19, 20, 21, and 22 to 27 of Title 15 and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Tables.

The Federal Trade Commission Act, referred to in subsec. (a)(2)(A) and (4), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.

Sections 73 and 74 of the Wilson Tariff Act, referred to in subsec. (a)(2)(A) and (4), are sections 73 and 74 of act Aug. 27, 1894, ch. 349, 28 Stat. 570, which enacted sections 8 and 9, respectively, of Title 15.

The Act of June 19, 1936, referred to in subsec. (a)(2)(A) and (4), is act June 19, 1936, ch. 592, 49 Stat. 1526, popularly known as the Robinson-Patman Antidiscrimination Act and also as the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13b, and 21a of Title 15 and amended section 13 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 13 of Title 15 and Tables.

The effective date of the Staggers Rail Act of 1980, referred to in subsec. (a)(5)(C), probably means Oct. 1, 1980, the general effective date of Pub. L. 96-448. See section 710 of Pub. L. 96-448, set out as an Effective Date of 1980 Amendment note under section 10101 of this title.

The date of enactment of this subsection, referred to in subsec. (b)(3)(B)(ii), is the date of enactment of Pub. L. 96-296, which was approved July 1, 1980.

The date of enactment of the Motor Carrier Act of 1980, referred to in subsec. (b)(3)(C), is the date of enactment of Pub. L. 96-296, which was approved July 1, 1980.

Section 14(b)(4) of the Motor Carrier Act of 1980, referred to in subsec. (b)(3)(D), is section 14(b)(4) of Pub. L. 96-296.

The effective date of this subparagraph, referred to in subsec. (b)(3)(F), is the 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97-261, set out as an

Effective Date of 1982 Amendment note under section 10101 of this title.

AMENDMENTS

1982-Subsec. (b)(1), (2). Pub. L. 97-261, § 10(a), struck out "of property" after "motor common carrier".

Subsec. (b)(3)(B)(i). Pub. L. 97-261, § 10(b)(1), substituted", (D), (E), and (F)" for "and (D)”.

Subsec. (b)(3)(B)(iii). Pub. L. 97-261, § 10(b)(2), struck out "of property" after "motor carrier".

Subsec. (b)(3)(D). Pub. L. 97-261, § 10(b)(3), added provision that this subparagraph shall not apply to any single-line rate proposed by a motor common carrier of passengers.

Subsec. (b)(3)(E) to (H). Pub. L. 97-261, § 10(b)(4), added subpars. (E) and (F) and redesignated former subpars. (E) and (F) as (G) and (H), respectively.

Subsec. (b)(5). Pub. L. 97-261, § 10(c), added par. (5). Subsec. (c). Pub. L. 97-261, § 10(d), struck out "of property" after "motor common carrier".

1980-Subsec. (a)(1)(C). Pub. L. 96-448, § 219(a), added subpar. (C).

Subsec. (a)(2)(A). Pub. L. 96-448, § 219(b), inserted "publication," after "initiation," and substituted "section 10101a of this title" for "section 10101 of this title".

Subsec. (a)(3)(A). Pub. L. 96-448, § 219(c)(1), in cl. (i) inserted provision directing an organization not to permit a rail carrier to discuss single line rates proposed by another carrier and providing that, except for purposes of general rate increases and broad tariff changes, the Commission delay or suspend implementation of this clause if at any time the Commission finds implementation not feasible, designated provision of cl. (i) relating to rates related to a particular interline movement as cl. (ii), and in cl. (ii) as so designated, inserted provision that rail carriers not be permitted to discuss such rates, struck out former cl. (ii), which directed an organization not to permit, or provide for, or establish a procedure for joint consideration or action to protest or seek suspension of a rate or classification filed by a rail carrier under section 10707 of this title when the rate or classification was established by independent action, and added cl. (iii).

Subsec. (a)(3)(B). Pub. L. 96-448, § 219(c)(2), substituted in provision preceding cl. (i) "Until January 1, 1984, subparagraph (A)(ii) and (A)(iii) of this paragraph do not" for "Subparagraph (A)(i) and (ii) of this paragraph does not" and in cl. (i) "to cover inflationary cost increases, or general rate decreases, for joint rates" for "or decreases", inserted in cl. (ii) ", except single line rates where subparagraph (A)(i) of this paragraph prohibits the participation of carriers with single line rates" following "apply", and added provision following cl. (ii) authorizing the Commission to delay or suspend implementation of the subparagraph if at any time the Commission finds implementation of this subparagraph not feasible.

Subsec. (a)(3)(C). Pub. L. 96-448, § 219(c)(3), designated existing provisions as cl. (i) and added cl. (ii). Subsec. (a)(3)(D). Pub. L. 96-448, § 219(c)(4), added subpar. (D).

Subsec. (a)(4). Pub. L. 96-448, § 219(d), added par.

(4).

(5).

Subsec. (a)(5). Pub. L. 96-448, § 224(b), added par. Subsec. (b). Pub. L. 96-296, § 14(a), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 96-296, § 14(a), (c), redesignated subsec. (b) as (c), and in subsec. (c) as so redesignated, substituted "(except a rail carrier or a motor common carrier of property)" for "(except a rail carrier)". Former subsec. (c) redesignated (d).

Subsec. (c)(2). Pub. L. 96–258 substituted a dash for the period after "section" in the provisions preceding subpar. (A).

Subsec. (d). Pub. L. 96-296, § 14(a), (d)(1), redesignated subsec. (c) as (d), and in subsec. (d) as so redesignated, substituted in par. (2)(A), “subsection (a), (b), or

(c)" for "subsection (a) or (b)". Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 96-296, § 14(a), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 96-296, § 14(a), (d), redesignated subsec. (e) as (f), and in subsec. (f) as so redesignated, substituted "subsection (a), (b), or (c)" for "subsection (a) or (b)" and "subsection (b) or (c)" for "subsection (b)". Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 96-296, § 14(a), (d)(1), redesignated subsec. (f) as (g), and in subsec. (g) as so redesignated, substituted "subsection (a), (b), or (c)" for "subsec tion (a) or (b)". Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 96-296, § 14(a), redesignated subsec. (g) as (h). Former subsec. (h) redesignated as (i).

Subsec. (i). Pub. L. 96-448, § 219(e), substituted in par. (1)(B) "section 10101a of this title" for "section 10101 of this title".

Pub. L. 96-296, § 14(a), redesignated subsec. (h) as (i).

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-261 effective on the 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97-261, set out as a note under section 10101 of this title.

EFFECTIVE DATE OF 1980 AMENDMENTS Amendment by Pub. L. 96-448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96-448, set out as a note under section 10101 of this title.

Amendment by Pub. L. 96-258 effective Oct. 17, 1978, see section 3(d) of Pub. L. 96-258, set out as a note under section 10525 of this title.

SAVINGS PROVISIONS

Section 706 of Pub. L. 96-448 provided that: "In the case of any proposal docketed with a rate bureau prior to the effective date of this Act [Oct. 1, 1980] which is or becomes the subject of an application or proceeding before the Interstate Commerce Commission, such application or proceeding shall be determined as if this Act [see Short Title of 1980 Amendment note set out under section 10101 of this title] had not been enacted, and the antitrust immunity provided in section 10706(b) of title 49, United States Code, resulting from approval of such agreement shall continue in effect."

CARRIER ORGANIZATIONS ESTABLISHED BEFORE
NOVEMBER 19, 1982

Section 10(f) of Pub. L. 97-261 provided: “Any orga nization established pursuant to an agreement entered into by motor common carriers of passengers and approved by the Commission prior to the effective date of this subsection [60th day after Sept. 20, 1982) under section 10706(c) of title 49, United States Code, may continue to function pursuant to such agreement until a new or amended agreement is finally disposed of by the Commission under section 10706 of title 49, United States Code, as amended by this section, so long as (1) such new or amended agreement is submit ted to the Commission for approval within 120 days of such effective date, and (2) such organization complies with this section (including amendments made by this section and regulations issued under such amend ments) during the period such new or amended agree ment is being prepared, submitted to, and considered by the Commission."

ELIMINATION OF GENERAL RATE INCREASES AND

DECREASES

Section 219(f) of Pub. L. 96-448 provided that: "The Interstate Commerce Commission may not take any action with respect to the elimination of general rate increases or decreases prior to April 1, 1982."

PROTECTION OF RATE BUREAU EMPLOYEES Section 219(g) of Pub. L. 96-448 provided that: "The Interstate Commerce Commission shall require rail carrier members of a rate bureau to provide the employees of such rate bureau who are affected by the amendments made by this section [amending this section] with fair arrangements no less protective of the interests of such employees than those established pursuant to section 11347 of title 49, United States Code. For purposes of this subsection, the term 'employees' does not include any individual serving as president, vice-president, secretary, treasurer, comptroller, counsel, member of the board of directors, or any other person performing such functions."

LAWFULNESS OF EXISTING COMPETITIVE PRACTICES BETWEEN WATER CARRIERS AND RAIL CARRIERS UNAFFECTED

Section 707 of Pub. L. 96-448 provided that: "With respect to the relationship between water carriers and rail carriers, none of the amendments made by this Act [see Short Title of 1980 Amendment note set out under section 10101 of this title] shall be construed to make lawful (1) any competitive practice that is unfair, destructive, predatory, or otherwise undermines competition and that was unlawful on the effective date of this Act [Oct. 1, 1980], or (2) any other competitive practice that is unfair, destructive, predatory, or otherwise undermines competition."

MOTOR CARRIER RATEMAKING STUDY COMMISSION Section 14(b) of Pub. L. 96-296, as amended by Pub. L. 97-261, § 10(e), Sept. 20, 1982, 96 Stat. 1110, established the Motor Carrier Ratemaking Study Commission, provided for the Commission's membership, compensation of members, filling of vacancies, staff personnel, and experts and consultants, authorized the Commission to make full and complete investigations and studies of the collective ratemaking process for all rates of motor common carriers of property, including the need or lack of need for continued antitrust immunity therefor and the impact of elimination of such immunity on rate levels and structures and on the Interstate Commerce Commission and its staff, the collective ratemaking process for general rate changes, innovative fare changes, and broad changes in tariff structure of motor common carriers of passengers, including the need or lack of need for continued antitrust immunity therefor and the impact of elimination of such immunity on rate levels and structures and on the Interstate Commerce Commission and its staff, the impact of implementation of the Bus Regulatory Reform Act of 1982, Pub. L. 97-261, Sept. 20, 1982, 96 Stat. 1102, on persons over the age of 60, including those who reside in rural areas and small communities, and the impact of statutory and administrative reforms on continuation and development of high quality intrastate motor bus services, and directed the Commission to submit to the President and Congress its final report on the collective ratemaking process applicable to motor common carriers of property not later than Jan. 1, 1983, its final report on the collective ratemaking process applicable to motor common carriers of passengers not later than Jan. 1, 1984, and its final report on the impact of the Bus Regulatory Reform Act of 1982 and statutory and administrative reforms on high quality intrastate motor bus services not later than Jan. 1, 1984, with the Commission to cease to exist six months after submission of the last of its final reports.

CONTINUATION OF FUNCTIONS UNDER PRIOR RATE AGREEMENT; SUBMISSION OF NEW OR AMENDED RATE AGREEMENT AND COMPLIANCE WITH PRESENT PROVI

SIONS

Section 14(e) of Pub. L. 96-296 provided that: "Any organization established pursuant to an agreement approved by the Commission prior to the date of enactment of this Act [July 1, 1980] under section 10706(b)

of title 49, United States Code, may continue to function pursuant to such agreement until a new or amended agreement is finally disposed of by the Commission under section 10706 of title 49, United States Code, as amended by this section, so long as (1) such new or amended agreement is submitted to the Commission for approval within 120 days of such date of enactment, and (2) such organization complies with this section (including amendments made by this section [amending this section] and regulations issued under such amendments) during the period such new or amended agreement is being prepared, submitted to, and considered by the Commission."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10701, 10707, 10707a, 10708, 10721, 11501 of this title.

§ 10707. Investigation and suspension of new rail carrier rates, classifications, rules, and practices (a) When a new individual or joint rate or individual or joint classification, rule, or practice related to a rate is filed with the Interstate Commerce Commission by a rail carrier providing transportation subject to its jurisdiction under subchapter I of chapter 105 of this title, the Commission may begin a proceeding, on its own initiative or on complaint of an interested party, to determine whether the proposed rate, classification, rule, or practice violates this subtitle. The Commission must give reasonable notice to interested parties before beginning a proceeding under this subsection but may act without allowing an interested party to file an answer or other formal pleading in response to its decision to begin the proceeding.

(b)(1) The Commission must complete a proceeding under this section and make its final decision by the end of the 5th month after the rate, classification, rule, or practice was to become effective, except that if the Commission reports to the Congress by the end of such 5th month that it cannot make a final decision by that time and explains the reason for the delay, it may take an additional 3 months to complete the proceeding and make its final decision. If the Commission does not reach a final decision within the applicable time period, the rate, classification, rule, or practice

(A) is effective at the end of that time period; or

(B) if already in effect at the end of that time period, remains in effect.

(2) If an interested party has filed a complaint under subsection (a) of this section, the Commission may set aside a rate, classification, rule, or practice, that has become effective under this section if the Commission finds it to be in violation of this chapter.

(c)(1) The Commission may not suspend a proposed rate, classification, rule, or practice during the course of a Commission proceeding under this section unless it appears from the specific facts shown by the verified statement of a person that

(A) it is substantially likely that the protestant will prevail on the merits;

(B) without suspension, the proposed rate change will cause substantial injury to the protestant or the party represented by the protestant; and