
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: 49USC11325]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
                          CHAPTER 113--FINANCE
 
                       SUBCHAPTER II--COMBINATIONS
 
Sec. 11325. Consolidation, merger, and acquisition of control: 
        procedure
        
    (a) The Board shall publish notice of the application under section 
11324 in the Federal Register by the end of the 30th day after the 
application is filed with the Board. However, if the application is 
incomplete, the Board shall reject it by the end of that period. The 
order of rejection is a final action of the Board. The published notice 
shall indicate whether the application involves--
        (1) the merger or control of at least two Class I railroads, as 
    defined by the Board, to be decided within the time limits specified 
    in subsection (b) of this section;
        (2) transactions of regional or national transportation 
    significance, to be decided within the time limits specified in 
    subsection (c) of this section; or
        (3) any other transaction covered by this section, to be decided 
    within the time limits specified in subsection (d) of this section.

    (b) If the application involves the merger or control of two or more 
Class I railroads, as defined by the Board, the following conditions 
apply:
        (1) Written comments about an application may be filed with the 
    Board within 45 days after notice of the application is published 
    under subsection (a) of this section. Copies of such comments shall 
    be served on the Attorney General and the Secretary of 
    Transportation, who may decide to intervene as a party to the 
    proceeding. That decision must be made by the 15th day after the 
    date of receipt of the written comments, and if the decision is to 
    intervene, preliminary comments about the application must be sent 
    to the Board by the end of the 15th day after the date of receipt of 
    the written comments.
        (2) The Board shall require that applications inconsistent with 
    an application, notice of which was published under subsection (a) 
    of this section, and applications for inclusion in the transaction, 
    be filed with it by the 90th day after publication of notice under 
    that subsection.
        (3) The Board must conclude evidentiary proceedings by the end 
    of 1 year after the date of publication of notice under subsection 
    (a) of this section. The Board must issue a final decision by the 
    90th day after the date on which it concludes the evidentiary 
    proceedings.

    (c) If the application involves a transaction other than the merger 
or control of at least two Class I railroads, as defined by the Board, 
which the Board has determined to be of regional or national 
transportation significance, the following conditions apply:
        (1) Written comments about an application, including comments of 
    the Attorney General and the Secretary of Transportation, may be 
    filed with the Board within 30 days after notice of the application 
    is published under subsection (a) of this section.
        (2) The Board shall require that applications inconsistent with 
    an application, notice of which was published under subsection (a) 
    of this section, and applications for inclusion in the transaction, 
    be filed with it by the 60th day after publication of notice under 
    that subsection.
        (3) The Board must conclude any evidentiary proceedings by the 
    180th day after the date of publication of notice under subsection 
    (a) of this section. The Board must issue a final decision by the 
    90th day after the date on which it concludes the evidentiary 
    proceedings.

    (d) For all applications under this section other than those 
specified in subsections (b) and (c) of this section, the following 
conditions apply:
        (1) Written comments about an application, including comments of 
    the Attorney General and the Secretary of Transportation, may be 
    filed with the Board within 30 days after notice of the application 
    is published under subsection (a) of this section.
        (2) The Board must conclude any evidentiary proceedings by the 
    105th day after the date of publication of notice under subsection 
    (a) of this section. The Board must issue a final decision by the 
    45th day after the date on which it concludes the evidentiary 
    proceedings.

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 
841.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 11345 of this title prior to the general amendment of this 
subtitle by Pub. L. 104-88, Sec. 102(a).

                  Section Referred to in Other Sections

    This section is referred to in sections 11326, 11327 of this title; 
title 45 section 1112.
