DOT 49 CFR PART 1331-2010 APPLICATIONS UNDER 49 U S C 10706 AND 13703.pdf

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1、234 49 CFR Ch. X (10110 Edition) Pt. 1331 PART 1331APPLICATIONS UNDER 49 U.S.C. 10706 AND 13703 Sec. 1331.1 Form and content of application. 1331.2 Required exhibits. 1331.3 Procedure. 1331.4 New parties to an agreement. 1331.5 Additional standards for retaining antitrust immunity by passenger bus i

2、n-dustry rate bureaus. AUTHORITY: 49 U.S.C. 721, 10706 and 13703. SOURCE: 55 FR 11206, Mar. 27, 1990, unless otherwise noted. 1331.1 Form and content of applica-tion. The application and supporting ex-hibits shall conform to 49 CFR part 1104 and shall show, in the order and with the paragraph design

3、ations indi-cated, the following: (a) Full name and business address of the carrier applicant(s); whether each applicant is a corporation, individual, or partnership; if a corporation, the State of incorporation; and if a part-nership, the names of the partners and date of the partnerships formation

4、. (b) Full name and business address of each entity on whose behalf the appli-cation is filed and whether it is a cor-poration, individual, or partnership. (c) Whether applicant and each enti-ty on whose behalf the application is filed is a rail, motor, or water carrier, a household goods freight fo

5、rwarder, or express, sleeping-car, or pipeline com-pany. (d) If the agreement of which ap-proval is sought pertains to a con-ference, bureau, committee, or other organization, a complete description of such organization, including any subunits, and of its or their functions and methods of operation,

6、 together with a description of the territorial scope of such operations, and a com-plete description of any working or other arrangement or relationship that such organization has with any other organization. If the agreement is of any other character, a precise state-ment of its nature and scope a

7、nd the mode of procedure thereunder. (e) The facts and circumstances re-lied upon to establish that the agree-ment will promote the national trans-portation policy at 49 U.S.C. 10101. (f) The name, title, and address of the person to whom correspondence is to be sent. 1331.2 Required exhibits. There

8、 shall be filed with and made a part of each original application, and each copy, the following exhibits: (a) As Exhibit 1, a true copy of the agreement. (b) If the agreement pertains to a conference, bureau, committee, or other organization: (1) As Exhibit 2, a copy of the con-stitution, bylaws, or

9、 other documents or writings specifying the organiza-tions powers, duties, and procedures, unless incorporated in the agreement filed as Exhibit 1; (2) As Exhibit 3, an organization chart; and (3) As Exhibit 4, a schedule of its charges to members or a statement showing how the expenses are divided

10、among the members. (c) As Exhibit 5, opinion of counsel that the application meets the require-ments of 49 U.S.C. 10706, with specific reference to any specially pertinent provisions of articles of incorporation or association. 1331.3 Procedure. (a) Applicant shall serve a copy of the application by

11、 first class mail upon the regulatory body having jurisdiction over rates, fares, or charges of each State or territory covered by the agreement, and the original applica-tion filed with the Board shall include a certificate naming the bodies upon whom the application has been served. (b) The Board

12、will publish in the FED-ERAL REGISTER a notice that an appli-cation has been filed under these rules and indicating how a hearing on the application may be obtained. (c) A protest to an application should conform to 49 CFR part 1104. (d) The Boards general rules of prac-tice govern procedural matter

13、s not spe-cifically covered by these rules. 1331.4 New parties to an agreement. Where a carrier becomes a party to an agreement which has been approved by the Board, such approval will extend to such carrier upon the filing with the Board by the carrier or its authorized VerDate Mar2010 08:56 Nov 10

14、, 2010 Jkt 220220 PO 00000 Frm 00244 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-235 Surface Transportation Board, DOT 1332.3 agent of a verified statement that it has beco

15、me a party to the agreement, which statement shall show the infor-mation prescribed at 1331.1(b). Such carrier may provide transportation under joint rates or over through routes, but may not otherwise act with carriers of a different class (as defined at 49. U.S.C. 10706(d). 1331.5 Additional stand

16、ards for re-taining antitrust immunity by pas-senger bus industry rate bureaus. (a) Rate bureaus must comply with the terms of their agreements, as ap-proved by the Board. Failure to do so will result in lack of immunity for that activity. (b) The bureaus are required to main-tain detailed minutes o

17、f all meetings where immunized matters are dis-cussed. The bureaus will be subject to withdrawal of their immunity for seri-ous continuing violations of Board standards, and individual tariff publi-cations will be subject to rejection, suspension, or investigation for impro-prieties in the rate bure

18、au process. (c) Absent Board approval, no other changes may be made in any approved agreement. (d) For the purposes of the statute, the following definitions shall apply: (1) A general increase is a proposed general adjustment of substantially all the rates published in a rate bureaus tariff(s). (2)

19、 A broad change in tariff structure modifies in a relatively non-uniform fashion the relationship between most rates published in a rate bureaus tar-iff, and applies to a large area, either nationally or regionally. (3) An innovative fare will be deter-mined on a case-by-case basis; the Board will,

20、on request, issue opinions on whether particular rate proposals may be regarded as innovative. Two ex-amples of an innovative fare are: (i) A fare for unlimited passenger travel; and (ii) An experimental fare providing for transportation at the passengers option over the line of one or more car-rier

21、s. (4) A promotional fare generally has three characteristics: (i) Limited duration; (ii) Attractive price or level of serv-ice quality; and (iii) Some added feature in addition to those normally offered. PART 1332FILING CONTRACTS FOR SURFACE MAIL TRANSPOR-TATION Sec. 1332.1 Applicability. 1332.2 Av

22、ailability of contracts. 1332.3 Manner of submitting contracts. AUTHORITY: Sec. 5005(b)(3), 84 Stat. 767, 39 U.S.C. 5005. 1332.1 Applicability. The provisions of this part shall apply to copies of all contracts or agreements entered into by the U.S. Postal Service with any common car-rier by rail or

23、 motor vehicle (including passenger-carrying vehicle), or freight forwarder, express company, or other person, for the surface transportation of mail as authorized by Chapters 50 and 52 of Title 39, United States Code, as revised and reenacted by the Postal Reorganization Act, 84 Stat. 719, 39 U.S.C

24、. 5001 and 5201. 36 FR 6426, Apr. 3, 1971 1332.2 Availability of contracts. Upon request from any member of the public to inspect a contract(s) or agreement(s) described in 1332.1, at any time between the effective date of such contract(s) or agreement(s) and 15 days prior thereto, the Board will ob

25、-tain the requested contract(s) or agree-ment(s) from the U.S. Postal Service and make it (them) available for in-spection. 57 FR 23539, June 4, 1992 1332.3 Manner of submitting con-tracts. The U.S. Postal Service will submit to the Board, upon request, a copy of the requested contract(s) or agree-m

26、ent(s). Such contract(s) or agree-ment(s) will be submitted by facsimile transmission or messenger service where feasible, and, where such serv-ices are not feasible, by the fastest available mail service. 57 FR 23539, June 4, 1992 VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00245 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-