Page:United States Statutes at Large Volume 92 Part 2.djvu/99

 PUBLIC LAW 95-473—OCT. 17, 1978 (i) general rate increases or decreases if the agreement gives shippers, under specified procedures, at least 15 days' notice of the proposal and an opportunity to present comments on it before a tariff containing the increases or decreases is filed with the Commission; or (ii) broad tariff changes that are of at least substantially general application throughout the area where the changes will apply. (C) In any proceeding in which a party alleges that a lail carrier voted or agreed on a rate or allowance in violation of this subsection, that party has the burden of showing that the vote or agreement occurred. A showing of parallel behavior does not satisfy that burden by itself. (b) A common carrier providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title (except a rail carrier) that is a party to an agreement of at least 2 carriers related to rates (including charges between carriers and compensation paid or received for the use of facilities and equipment), allowances, classifications, divisions, or rules related to them, or procedures for joint consideration, initiation, or establishment of them, may apply to the Commission for approval of that agreement under this subsection. The Commission shall approve the agreement only when it finds that the making and carrying out of the agreement will further the transportation policy of section 10101 of this title and may require compliance with conditions necessary to make the agreement further that policy as a condition of approval. If the Commission approves the agreement, it may be made and carried out under its terms and under the conditions required by the Commission, and the antitrust laws, as defined in section 12 of title 15, do not apply to parties and other persons with respect to making or carrying out the agreement. (c)(1) In this subsection, carriers are classified as follows: (A) Rail, express, and sleeping car carriers are a class. (B) Pipeline carriers are a class. (C) Motor carriers are a class. ' (D) Water carriers are a class. (E) Freight forwarders are a class. (2) The Commission may not approve an agreement under this section. (A) between or among carriers of different classes unless, in addition to the finding required under subsection (a) or (b) of this section, the Commission finds that the agreement is limited to matters related to transportation under joint rates or over through routes; (B) related to a pooling, division, or other matter to which subchapter III of chapter 113 of this title applies; or (C) establishing a procedure for determination of a matter through joint consideration unless the Commission finds that each party to the agreement has the absolute right under it to take independent action before or after a determination is made under that procedure. (d) The Commission may require an organization established or continued under an agreement approved under this section to maintain records and submit reports. The Commission, or its delegate, may inspect a record maintained under this section.

92 STAT. 1379 Notice and comments.

Ante, p. 1358.

Ante, p. 1337.

Carrier classification.

Unapprovable agreements.

Post, p. 1434.

Records maintenance.

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