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,
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