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49 U.S.C. § 11322 — Limitation on pooling and division of transportation or earnings
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11123&num=0&edition=prelim). 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.
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Source file: Laws/federal/codes/united-states-code/title-49/section-11322-limitation-on-pooling-and-division-of-transportation-or-earnings--80d4a5c55f.md
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Source location: Title 49, Chapter 113, § 11322; chapter-113-finance.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11123&num=0&edition=prelim). 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** When the Board determines that shortage of equipment, congestion of traffic, unauthorized cessation of operations, failure of existing commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, or other failure of traffic movement exists which creates an emergency situation of such magnitude as to have substantial adverse effects on shippers, or on rail service in a region of the United States, or that a rail carrier providing transportation subject to the jurisdiction of the Board under this part cannot transport the traffic offered to it in a manner that properly serves the public, the Board may, to promote commerce and service to the public, for a period not to exceed 30 days—
(1) direct the handling, routing, and movement of the traffic of a rail carrier and its distribution over its own or other railroad lines;
(2) require joint or common use of railroad facilities;
(3) prescribe temporary through routes;
(4) give directions for—
(A) preference or priority in transportation;
(B) embargoes; or
(C) movement of traffic under permits; or
(5) in the case of a failure of existing freight or commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, direct the continuation of the operations and dispatching, maintenance, and other necessary infrastructure functions related to the operations.
**(b)**
(1) Except with respect to proceedings under paragraph (2) of this subsection, the Board may act under this section on its own initiative or on application without regard to subchapter II of chapter 5 of title 5.
(2) Rail carriers may establish between themselves the terms of compensation for operations, and use
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 11123
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A person may hold the position of officer or director of more than one rail carrier only when authorized by the Board. The Board may authorize a person to hold the position of officer or director of more than one of those carriers when public or private interests will not be adversely affected.
**(b)** This section shall not apply to an individual holding the position of officer or director only of Class III rail carriers.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 11328
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Federal law — U.S. Code and appendices · legal_authorities
Page 450
TITLE 49—TRANSPORTATION
§ 11321
A prior section 11301, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1428; Pub. L. 103–429, § 6(16), Oct. 31, 1994, 108 Stat.
4379, related to authority of certain carriers to issue se-
curities and assume obligations and liabilities, prior to
the general amendment of this subtitle by Pub. L.
104–88, § 102(a).
A prior section 11302, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1430; Pub. L. 96–296, § 18(a), July 1, 1980, 96 Stat.
811, provided that section 11301 of this title applied to
motor carriers and corporations subject to jurisdiction
of Interstate Commerce Commission under former sub-
chapter II of chapter 105 of this title, but did not apply
to corporations under a certain capitalization, and that
this section did not apply to Federal, State, or local
governments, prior to repeal by Pub. L. 97–261, §§ 19(a),
31(a), Sept. 20, 1982, 96 Stat. 1121, 1129, effective on the
60th day after Sept. 20, 1982.
Prior sections 11303 and 11304 were omitted in the
general amendment of this subtitle by Pub. L. 104–88,
§ 102(a).
Section 11303, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1430; Pub. L. 103–272, § 5(m)(30), July 5, 1994, 108 Stat.
1378, related to filing and recording of mortgages,
leases, equipment trusts, and other agreements with
Interstate Commerce Commission. See section 11301 of
this title.
Section 11304, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1431; Pub. L. 96–258, § 1(12), June 3, 1980, 94 Stat. 426, re-
lated to security interests in certain motor vehicles.
See section 14301 of this title.
AMENDMENTS
1996—Subsec. (f). Pub. L. 104–287 substituted ‘‘January
1, 1996’’ for ‘‘the effective date of the ICC Termination
Act of 1995’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 11322
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