Page:United States Statutes at Large Volume 109 Part 1.djvu/828

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109 STAT. 812 PUBLIC LAW 104-88 —DEC. 29, 1995 "(A) required under section 10741, 10742, or 11102 of this title; "(B) inclusion of those lines would make the through route unreasonably long when compared with a practicable alternative through route that could be established; or "(C) the Board decides that the proposed through route is needed to provide adequate, and more efficient or economic, transportation. The Board shall give reasonable preference, subject to this subsection, to the rail carrier originating the traffic when prescribing through routes. "(b) The Board shall prescribe the division of joint rates to be received by a rail carrier providing transportation subject to its jurisdiction under this part when it decides that a division of joint rates established by the participating carriers under section 10703 of this title, or under a decision of the Board under subsection (a) of this section, does or will violate section 10701 of this title. "(c) If a division of a joint rate prescribed under a decision of the Board is later found to violate section 10701 of this title, the Board may decide what division would have been reasonable and order adjustment to be made retroactive to the date the complaint was filed, the date the order for an investigation was made, or a later date that the Board decides is justified. The Board may make a decision under this subsection effective as part of its original decision. ^§10706. Rate agreements: exemption from antitrust laws "(a)(1) In this subsection— "(A) the term 'affiliate' means a person controlling, controlled by, or under common control or ownership with another person and 'ownership' refers to equity holdings in a business entity of at least 5 percent; "(B) the term 'single-line rate* refers to a rate or allowance proposed by a single rail carrier that is applicable only over its line and for which the transportation (exclusive of terminal services by switching, drayage or other terminal carriers or agencies) can be provided by that carrier; and "(C) the term 'practicably participates in the movement' shall have such meaning as the Board shall by regulation prescribe. "(2)(A) A rail carrier providing transportation subject to the jurisdiction of the Board under this part that is a party to an agreement of at least 2 rail carriers that relates to rates (including charges between rail carriers and compensation paid or received for the use of facilities and equipment), classifications, divisions, or rules related to them, or procedures for joint consideration, initiation, publication, or establishment of them, shall apply to the Board for approval of that agreement under this subsection. The Board 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 its approval. If the Board approves the agreement, it may be made and carried out under its terms and under the conditions required by the Board, and the Sherman Act (15 U.S.C. 1, et seq.), the Clayton Act (15 U.S.C. 12, et seq.), the Federal Trade Commission Act (15 U.S.C. 41, et seq.), sections