2012 US Code
Title 49 - Transportation
Subtitle IV - INTERSTATE TRANSPORTATION (§§ 10101 - 16106)
Part B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS (§§ 13101 - 14916)
Chapter 137 - RATES AND THROUGH ROUTES (§§ 13701 - 13713)
Section 13703 - Certain collective activities; exemption from antitrust laws
Publication Title | United States Code, 2012 Edition, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE IV - INTERSTATE TRANSPORTATION PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS CHAPTER 137 - RATES AND THROUGH ROUTES Sec. 13703 - Certain collective activities; exemption from antitrust laws |
Contains | section 13703 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 104-88, title I, §103, Dec. 29, 1995, 109 Stat. 869; amended Pub. L. 104-287, §5(28), <!-- PDFPage:360 -->Oct. 11, 1996, 110 Stat. 3391; Pub. L. 105-102, §2(9), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 106-159, title II, §227, Dec. 9, 1999, 113 Stat. 1772; Pub. L. 108-7, div. I, title III, §354, Feb. 20, 2003, 117 Stat. 421. |
Statutes at Large References | 109 Stat. 869, 803, 804 110 Stat. 3391 111 Stat. 2204 113 Stat. 1772 117 Stat. 421 |
Public Law References | Public Law 104-88, Public Law 104-287, Public Law 105-102, Public Law 106-159, Public Law 108-7, Public Law 111-314 |
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(a)
(1)
(A) through routes and joint rates;
(B) rates for the transportation of household goods;
(C) classifications;
(D) mileage guides;
(E) rules;
(F) divisions;
(G) rate adjustments of general application based on industry average carrier costs (so long as there is no discussion of individual markets or particular single-line rates); or
(H) procedures for joint consideration, initiation, or establishment of matters described in subparagraphs (A) through (G).
(2)
(3)
(4)
(5)
(A)
(B)
(6)
(b)
(c)
(1)
(A) approving an agreement,
(B) denying, ending, or changing approval,
(C) prescribing the conditions on which approval is granted, or
(D) changing those conditions,
has effect only as related to application of the antitrust laws referred to in subsection (a).
(2)
(d)
(1)
(2)
(e)
(1)
(2)
(f)
(1)
(A)
(B)
(i)
(ii)
(2)
(A) is a participant in a publication of mileages formulated under an agreement approved under this section; or
(B) uses a publication of mileage (other than a publication described in subparagraph (A)) that can be examined by any interested person upon reasonable request.
(g)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 869; amended Pub. L. 104–287, §5(28), Oct. 11, 1996, 110 Stat. 3391; Pub. L. 105–102, §2(9), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 106–159, title II, §227, Dec. 9, 1999, 113 Stat. 1772; Pub. L. 108–7, div. I, title III, §354, Feb. 20, 2003, 117 Stat. 421.)
Historical and Revision Notes Pub. L. 105–102This amends 49:13703(a)(2) to correct an erroneous cross-reference.
References in TextThe date of the enactment of this paragraph, referred to in subsecs. (c)(2) and (d)(2), is the date of enactment of Pub. L. 106–159, which was approved Dec. 9, 1999.
Former section 10706(b), referred to in subsec. (d)(1), probably means section 10706(b) of this title as in effect before that section was omitted and a new section 10706 enacted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, 812.
Section 227 of the Motor Carrier Safety Improvement Act of 1999, referred to in subsec. (d)(2), is section 227 of Pub. L. 106–159, which amended this section. See 1999 Amendment notes below.
The ICC Termination Act of 1995, referred to in subsec. (e)(2), is Pub. L. 104–88, Dec. 29, 1995, 109 Stat. 803. For complete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under section 101 of this title and Tables.
Prior ProvisionsProvisions similar to those in this section were contained in section 10706 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments2003—Subsecs. (d) to (h). Pub. L. 108–7 redesignated subsecs. (e) to (h) as (d) to (g), respectively, and struck out heading and text of former subsec. (d). Text read as follows: “The Board shall not take any action that would permit the establishment of nationwide collective ratemaking authority.”
1999—Subsec. (c). Pub. L. 106–159, §227(a), designated introductory provisions as par. (1) and inserted heading, redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1) and realigned their margins, and added par. (2).
Subsec. (d). Pub. L. 106–159, §227(b), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “Subject to subsection (c), approval of an agreement under subsection (a) shall expire 3 years after the date of approval unless renewed under this subsection. The approval may be renewed upon request of the parties to the agreement if such parties resubmit the agreement to the Board, the agreement is unchanged, and the Board approves such renewal. The Board shall approve the renewal unless it finds that the renewal is not in the public interest. Parties to the agreement may continue to undertake activities pursuant to the previously approved agreement while the renewal request is pending.”
Subsec. (e). Pub. L. 106–159, §227(c), designated existing provisions as par. (1), inserted par. heading, and added par. (2).
1997—Subsec. (a)(2). Pub. L. 105–102 substituted “paragraph (1)” for “subsection (a)”.
1996—Subsec. (e). Pub. L. 104–287, §5(28)(A), substituted “December 31, 1995,” for “the day before the effective date of this section” and “January 1, 1996” for “such effective date”.
Subsec. (f)(2). Pub. L. 104–287, §5(28)(B), substituted “December 31, 1995” for “the day before the effective date of this section”.
Abolition of Interstate Commerce CommissionInterstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
Deemed References to Chapters 509 and 511 of Title 51General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
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