Page:United States Statutes at Large Volume 109 Part 1.djvu/886

This page needs to be proofread.

109 STAT. 870 PUBLIC LAW 104-88—DEC. 29, 1995 "(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) SUBMISSION OF AGREEMENT TO BOARD; APPROVAL. — An agreement entered into under subsection (a) may be submitted by any carrier or carriers that are parties to such agreement to the Board for approval and may be approved by the Board only if it finds that such agreement is in the public interest. "(3) CONDITIONS. — The Board may require compliance with reasonable conditions consistent with this part to assure that the agreement furthers the transportation policy set forth in section 13101. " (4) INDEPENDENTLY ESTABLISHED RATES.— Any carrier which is a party to an agreement under paragraph (1) is not, and may not be, precluded from independently establishing its own rates, classification, and mileages or from adopting and using a noncoUectively made classification or mileage guide. "(5) INVESTIGATIONS.— "(A) REASONABLENESS. — The Board may suspend and investigate the reasonableness of any rate, rule, classification, or rate adjustment of general application made pursuant to an agreement under this section. "(B) ACTIONS NOT IN THE PUBLIC INTEREST. — The Board may investigate any action taken pursuant to an agreement approved under this section. If the Board finds that the action is not in the public interest, the Board may take such measures as may be necessary to protect the public interest with regard to the action, including issuing an order directing the parties to cease and desist or modify the action. "(6) EFFECT OF APPROVAL. — If the Board approves the agreement or renews approval of the agreement, it may be made and carried out under its terms and under the conditions required by the Board, and the antitrust laws, as defined in the first section of the Clayton Act (15 U.S.C. 12), do not apply to parties and other persons with respect to making or carrying out the agreement. "(b) RECORDS. — The Board may require an organization established or continued under an agreement approved under this section to maintain records and submit reports. The Board, or its delegate, may inspect a record maintained under this section, or monitor any organization's compliance with this section. "(c) REVIEW.—The Board may review an agreement approved under this section, on its own initiative or on request, and shall change the conditions of approval or terminate it when necessary to protect the public interest. Action of the Board under this section— "(1) approving an agreement, "(2) denying, ending, or changing approval, "(3) prescribing the conditions on which approval is granted, or "(4) changing those conditions,