49 U.S.C. § 14303 — Consolidation, merger, and acquisition of

Page 512 TITLE 49—TRANSPORTATION § 14303 unduly restrain competition and shall suspend operation of such agreement or combination pending such hearing and final decision there- on. After such hearing, the Board shall indi- cate to what extent it finds that the agree- ment or combination will be in the interest of better service to the public or of economy in operation and will not unduly restrain com- petition and if assented to by all the carriers involved, shall to that extent, approve and au- thorize the agreement or combination, under such rules and regulations as the Board may issue, and for such consideration between such carriers and upon such terms and conditions as shall be found by the Board to be just and reasonable. (4) SPECIAL RULES FOR HOUSEHOLD GOODS CAR- RIERS.—In the case of an application for Board approval of an agreement or combination be- tween a motor carrier providing transpor- tation of household goods and its agents to pool or divide traffic or services or any part of their earnings, such agreement or combina- tion shall be presumed to be in the interest of better service to the public and of economy in operation and not to restrain competition un- duly if the practices proposed to be carried out under such agreement or combination are the same as or similar to practices carried out under agreements and combinations between motor carriers providing transportation of household goods to pool or divide traffic or service of any part of their earnings approved by the Interstate Commerce Commission be- fore January 1, 1996. (5) STREAMLINING AND SIMPLIFYING.—The Board shall streamline, simplify, and expedite, to the maximum extent practicable, the proc- ess (including any paperwork) for submission and approval of applications under this section for agreements and combinations between motor carriers providing transportation of household goods and their agents. (d) CONDITIONS.—The Board may impose condi- tions governing the pooling or division and may approve and authorize payment of a reasonable consideration between the carriers. (e) INITIATION OF PROCEEDING.—The Board may begin a proceeding under this section on its own initiative or on application. (f) EFFECT OF APPROVAL.—A carrier may par- ticipate in an arrangement approved by or ex- empted by the Board under this section without the approval of any other Federal, State, or mu- nicipal body. A carrier participating in an ap- proved or exempted arrangement is exempt from the antitrust laws and from all other law, in- cluding State and municipal law, as necessary to let that person carry out the arrangement. (g) CONTINUATION OF EXISTING AGREEMENTS.— Any agreements in operation under the provi- sions of this title on January 1, 1996, that are succeeded by this section shall remain in effect until further order of the Board. (h) DEFINITIONS.—In this section, the following definitions apply: (1) HOUSEHOLD GOODS.—The term ‘‘household goods’’ has the meaning such term had under section 10102(11) of this title, as in effect on December 31, 1995. (2) TRANSPORTATION.—The term ‘‘transpor- tation’’ means transportation that would be subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105 of this title, as in effect on Decem- ber 31, 1995, if such subchapter were still in ef- fect. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 895; amended Pub. L. 104–287, § 5(37), Oct. 11, 1996, 110 Stat. 3392.) HISTORICAL AND REVISION NOTES PUB. L. 104–287, § 5(37)(A), (B) This sets out the effective date of 49:14302. PUB. L. 104–287, § 5(37)(C), (D) This amends 49:14302(h)(1) and (2) for clarity and con- sistency. Editorial Notes REFERENCES IN TEXT Section 10102(11) of this title, referred to in subsec. (h)(1), was omitted and a new section 10102 enacted in the general amendment of this subtitle by Pub. L. 104–88, title I, § 102(a), Dec. 20, 1995, 109 Stat. 804, 806, ef- fective Jan. 1, 1996. Subchapter II of chapter 105 of this title, referred to in subsec. (h)(2), was omitted in the general amend- ment of this subtitle by Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 11341 and 11342 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). AMENDMENTS 1996—Subsec. (c)(4). Pub. L. 104–287, § 5(37)(A), sub- stituted ‘‘January 1, 1996’’ for ‘‘the effective date of this section’’. Subsec. (g). Pub. L. 104–287, § 5(37)(B), substituted ‘‘January 1, 1996,’’ for ‘‘the effective date of this sec- tion’’. Subsec. (h)(1). Pub. L. 104–287, § 5(37)(C), substituted ‘‘December 31, 1995’’ for ‘‘the day before the effective date of this section’’. Subsec. (h)(2). Pub. L. 104–287, § 5(37)(D), substituted ‘‘December 31, 1995’’ for ‘‘the day before such effective date’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. ABOLITION OF INTERSTATE COMMERCE COMMISSION Interstate Commerce Commission abolished by sec- tion 101 of Pub. L. 104–88, set out as a note under sec- tion 1301 of this title. § 14303. Consolidation, merger, and acquisition of control of motor carriers of passengers (a) APPROVAL REQUIRED.—The following trans- actions involving motor carriers of passengers subject to jurisdiction under subchapter I of chapter 135 may be carried out only with the ap- proval of the Board: (1) Consolidation or merger of the properties or franchises of at least 2 carriers into one op- eration for the ownership, management, and operation of the previously separately owned properties. Page 513 TITLE 49—TRANSPORTATION § 14501 (2) A purchase, lease, or contract to operate property of another carrier by any number of carriers. (3) Acquisition of control of a carrier by any number of carriers. (4) Acquisition of control of at least 2 car- riers by a person that is not a carrier. (5) Acquisition of control of a carrier by a person that is not a carrier but that controls any number of carriers. (b) STANDARD FOR APPROVAL.—The Board shall approve and authorize a transaction under this section when it finds the transaction is con- sistent with the public interest. The Board shall consider at least the following: (1) The effect of the proposed transaction on the adequacy of transportation to the public. (2) The total fixed charges that result from the proposed transaction. (3) The interest of carrier employees affected by the proposed transaction. The Board may impose conditions governing the transaction. (c) DETERMINATION OF COMPLETENESS OF APPLI- CATION.—Within 30 days after the date on which an application is filed under this section, the Board shall either publish a notice of the appli- cation in the Federal Register or reject the ap- plication if it is incomplete. (d) COMMENTS.—Written comments about an application may be filed with the Board within 45 days after the date on which notice of the ap- plication is published under subsection (c). (e) DEADLINES.—The Board shall conclude evi- dentiary proceedings by the 240th day after the date on which notice of the application is pub- lished under subsection (c). The Board shall issue a final decision by the 180th day after the conclusion of the evidentiary proceedings. The Board may extend a time period under this sub- section; except that the total of all such exten- sions with respect to any application shall not exceed 90 days. (f) EFFECT OF APPROVAL.—A carrier or cor- poration participating in or resulting from a transaction approved by the Board under this section, or exempted by the Board from the ap- plication of this section pursuant to section 13541, may carry out the transaction, own and operate property, and exercise control or fran- chises acquired through the transaction without the approval of a State authority. A carrier, cor- poration, or person participating in the ap- proved or exempted transaction is exempt from the antitrust laws and from all other law, in- cluding State and municipal law, as necessary to let that person carry out the transaction, hold, maintain, and operate property, and exer- cise control or franchises acquired through the transaction. (g) LIMITATION ON APPLICABILITY.—This sec- tion shall not apply to transactions involving carriers whose aggregate gross operating reve- nues were not more than $2,000,000 during a pe- riod of 12 consecutive months ending not more than 6 months before the date of the agreement of the parties. (h) APPLICABILITY OF CERTAIN PROVISIONS.— When the Board approves and authorizes a transaction under this section in which a person not a carrier providing transportation subject to jurisdiction under subchapter I of chapter 135 acquires control of at least 1 carrier subject to such jurisdiction, the person is subject, as a car- rier, to the following provisions of this title that apply to the carrier being acquired by that per- son, to the extent specified by the Board: sec- tions 504(f), 14121–14123, 14901(a), and 14907. (i) INTERIM APPROVAL.—Pending determina- tion of an application filed under this section, the Board may approve, for a period of not more than 180 days, the operation of the properties sought to be acquired by the person proposing in the application to acquire those properties, when it appears that failure to do so may result in destruction of or injury to those properties or substantially interfere with their future useful- ness in providing adequate and continuous serv- ice to the public. Transportation provided by a motor carrier under a grant of approval under this subsection is subject to this part. (j) SUPPLEMENTAL ORDERS.—When cause ex- ists, the Board may issue appropriate orders supplemental to an order made in a proceeding under this section. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 897.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 11341, 11343, 11344, 11345a, 11348, 11349, and 11351 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. CHAPTER 145—FEDERAL-STATE RELATIONS Sec. 14501. Federal authority over intrastate transpor- tation. 14502. Tax discrimination against motor carrier transportation property. 14503. Withholding State and local income tax by certain carriers. [14504. Repealed.] 14504a. Unified Carrier Registration System plan and agreement. 14505. State tax. 14506. Identification of vehicles. Editorial Notes AMENDMENTS 2005—Pub. L. 109–59, title IV, §§ 4305(c), 4306(b), Aug. 10, 2005, 119 Stat. 1773, 1774, added items 14504a and 14506. Pub. L. 109–59, title IV, § 4305(a), Aug. 10, 2005, 119 Stat. 1764, as amended by Pub. L. 110–53, title XV, § 1537(c), Aug. 3, 2007, 121 Stat. 467, struck out item 14504 ‘‘Registration of motor carriers by a State’’, effective Jan. 1, 2008. § 14501. Federal authority over intrastate trans- portation (a) MOTOR CARRIERS OF PASSENGERS.— (1) LIMITATION ON STATE LAW.—No State or political subdivision thereof and no interstate