
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC11322]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
                          CHAPTER 113--FINANCE
 
                       SUBCHAPTER II--COMBINATIONS
 
Sec. 11322. Limitation on pooling and division of transportation 
        or earnings
        
    (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.

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 
838.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 11342 of this title prior to the general amendment of this 
subtitle by Pub. L. 104-88, Sec. 102(a).
    A prior section 11322, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1433, 
related to restrictions on officers and directors of carriers, prior to 
the general amendment of this subtitle by Pub. L. 104-88, Sec. 102(a). 
See section 11328 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 11327, 24301, 24305 of this 
title.
