DOT 49 CFR PART 1184-2010 MOTOR CARRIER POOLING OPERATIONS.pdf

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1、295 Surface Transportation Board, DOT 1184.3 revoke the exemption and require di-vestiture. Petitions to revoke the ex-emption under 49 U.S.C. 13541(d) may be filed at any time and will be granted upon a finding that the application of 49 U.S.C. 14303 to the person, class, or transportation is neces

2、sary to carry out the transportation policy of 49 U.S.C. 13101. 65 FR 8281, Feb. 17, 2000 PART 1184MOTOR CARRIER POOLING OPERATIONS Sec. 1184.1 Scope and purpose. 1184.2 Contents of a pooling application. 1184.3 Processing pooling applications. AUTHORITY: 49 U.S.C. 721, 14302. SOURCE: 46 FR 21181, A

3、pr. 9, 1981, unless otherwise noted. Redesignated at 47 FR 49595, Nov. 1, 1982. 1184.1 Scope and purpose. This statement of policy on motor carrier pooling applications imple-ments section 20 of the Motor Carrier Act of 1980 Pub. L. No. 96296, 94 Stat. 793. The Acts provisions are now con-tained at

4、49 U.S.C. 14302. 46 FR 21181, Apr. 9, 1981, as amended at 64 FR 53269, Oct. 1, 1999 1184.2 Contents of a pooling applica-tion. A pooling application filed under 49 U.S.C. 14302 should include the fol-lowing information: (a) An identification of all the car-riers who are parties to the pooling agreem

5、ent; (b) A general description of the trans-action; (c) A specific description of the oper-ating authorities sought to be pooled; (d) The basis to establish that the agreement is a genuine pooling ar-rangement (as opposed to a lease or interline arrangement); (e) A description of what applicants con

6、sider to be the relevant transpor-tation markets affected by the pro-posed agreement; (f) The competitive routing and serv-ice alternatives that would remain if the agreement is approved, to the best of applicants knowledge; (g) If there is a lessening of such al-ternatives, an estimate of the publi

7、c benefits that will accrue from ap-proval, or new competition that will arise, which would offset such less-ening; (h) A narrative assessment of how the pooling arrangement will affect present and future competition in the area, including a description of the pro-jected volume of traffic, the reven

8、ues, and the commodities which will be sub-ject to the pooling agreement; (i) Certification that rates set for traffic moving under the agreement do not violate the restrictions on collec-tive ratemaking contained in 49 U.S.C. Subtitle IV and Board regulations; (j) A narrative statement as to the re

9、lative transportation importance of the pooling agreement as it would af-fect the public and the national trans-portation system; (k) If any known non-pooling carriers authorized to transport the subject traffic are not included in the pooling arrangement explain why, and explain whether inclusion w

10、ould enhance or re-strain competition; (l) A statement of the energy and en-vironmental effects of the agreement, if any; and (m) Certification by applicant, or its representatives, that the representa-tions made in the application are, to the best of applicants knowledge and belief, true and comple

11、te. As appendices, applicants must submit: (1) A copy of the pooling agreement; (2) a copy of the specific operating author-ity of each carrier which is the subject of the pooling agreement; and (3) a cap-tion summary (for FEDERAL REGISTER publication) of the pooling transaction sought to be approve

12、d. 46 FR 21181, Apr. 9, 1981. Redesignated and amended at 47 FR 49595, Nov. 1, 1982; 64 FR 53269, Oct. 1, 1999 1184.3 Processing pooling applica-tions. After the pooling application is re-ceived (not less than 50 days before the effective date specified in the pooling agreement), the Board will eith

13、er re-ject it or determine initially whether the pooling agreement is of major transportation importance and wheth-er there is a substantial likelihood that VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00305 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRPr

14、ovided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-296 49 CFR Ch. X (10110 Edition) Pt. 1185 the pooling agreement will unduly re-strain competition. If neither of these two factors is present, the application will be granted without further hear-ing. Whe

15、re either factor is found to exist, the application will be published in the FEDERAL REGISTER using the caption summary filed with the appli-cation, and a hearing will be scheduled (normally to receive written verified statements) to consider the issues fur-ther. In this second phase of the pro-ceed

16、ing, the Board will consider wheth-er the pooling agreement would be in the interest of better service to the public or of economy of operation and whether it will unduly restrain com-petition. PART 1185INTERLOCKING OFFICERS Sec. 1185.1 Definitions and scope of regulations. 1185.2 Contents of applic

17、ation. 1185.3 Procedures. 1185.4 General authority. 1185.5 Common control. 1185.6 Jointly used terminal properties. AUTHORITY: 49 U.S.C. 721, 10502, and 11328. SOURCE: 62 FR 2042, Jan. 15, 1997, unless otherwise noted. 1185.1 Definitions and scope of regu-lations. (a) This part addresses the require

18、-ment of 49 U.S.C. 11328 authorization of the Surface Transportation Board (STB) needed for a person to hold the position of officer or director of more than one rail carrier, except where only Class III carriers are involved. STB authorization is not needed for in-dividuals seeking to hold the posi

19、tions of officers or directors only of Class III railroads. 49 U.S.C. 11328(b). (b) When a person is an officer of a Class I railroad and seeks to become an officer of another Class I railroad, an application under 49 U.S.C. 11328(a) (or petition for individual exemption under 49 U.S.C. 10502) must

20、be filed. All other interlocking directorates have been exempted as a class from the prior approval requirements of 49 U.S.C. 11328(a), pursuant to 49 U.S.C. 10502 and former 49 U.S.C. 10505. For such inter-locking directorates exempted as a class, no filing with the STB is nec-essary to invoke the

21、exemption. (c) An interlocking directorate exists whenever an individual holds the posi-tion of officer or director of one rail carrier and assumes the position of of-ficer or director of another rail carrier. This provision applies to any person who performs duties, or any of the du-ties, ordinaril

22、y performed by a direc-tor, president, vice president, sec-retary, treasurer, general counsel, gen-eral solicitor, general attorney, comp-troller, general auditor, general man-ager, freight traffic manager, passenger traffic manager, chief engineer, general superintendent, general land and tax agent

23、 or chief purchasing agent. (d) For purposes of this part, a rail carrier means a person providing com-mon carrier railroad transportation for compensation (except a street, subur-ban, or interurban electric railway not operating as part of the general system of rail transportation), and a corpora-t

24、ion organized to provide such trans-portation. 1185.2 Contents of application. (a) Each application shall state the following: (1) The full name, occupation, busi-ness address, place of residence, and post office address of the applicant. (2) A specification of every carrier of which the applicant h

25、olds stock, bonds, or notes, individually, as trustee, or otherwise; and the amount of, and ac-curate description of, such securities of each carrier for which the applicant seeks authority to act. (Whenever it is contemplated that the applicant will represent on the board of directors of any carrie

26、r securities other than those owned by the applicant, the application shall describe such securities, state the character of representation, the name of the beneficial owner or owners, and the general nature of the business con-ducted by such owner or owners.) (3) Each and every position with any ca

27、rrier: (i) Which is held by the applicant at the time of the application; and (ii) Which the applicant seeks au-thority to hold, together with the date and manner of his or her election or ap-pointment thereto and, if the applicant has entered upon the performance of VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00306 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-