Page:United States Statutes at Large Volume 109 Part 1.djvu/912

 109 STAT. 896 PUBLIC LAW 104-88—DEC. 29, 1995 " (2) DETERMINATION OF IMPORTANCE AND RESTRAINT ON COMPETITION. — Prior to the effective date of the agreement or combination, the Board shall determine whether the agreement or combination is of major transportation importance and whether there is substantial likelihood that the agreement or combination will unduly restrain competition. If the Board determines that neither of these 2 factors exists, it shall, prior to such effective date and without a hearing, approve and authorize 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. "(3) HEARING.—I f the Board determines either that the agreement or combination is of major transportation importance or that there is substantial likelihood that the agreement or combination will unduly restrain competition, the Board shall hold a hearing concerning whether the agreement or combination will be in the interest of better service to the public or of economy in operation and whether it will unduly restrain competition and shall suspend operation of such agreement or combination pending such hearing and final decision thereon. After such hearing, the Board shall indicate to what extent it finds that the agreement or combination will be in the interest of better service to the public or of economy in operation and will not unduly restrain competition and if assented to by all the carriers involved, shall to that extent, approve and authorize 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 CARRIERS.— In the case of an application for Board approval of an agreement or combination between a motor carrier providing transportation of household goods and its agents to pool or divide traffic or services or any part of their earnings, such agreement or combination shall be presumed to be in the interest of better service to the public and of economy in operation and not to restrain competition unduly 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 before the effective date of this section. "(5) STREAMLINING AND SIMPLIFYING. — The Board shall streamline, simplify, and expedite, to the maximum extent practicable, the process (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 conditions 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 participate in an arrangement approved by or exempted by the Board under this

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