§10342. Establishment
(a) The Interstate Commerce Commission may establish and abolish joint boards as necessary to carry out section 10341 of this title. Except as provided in this section, a joint board is composed of a member from each State in which transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title is, or is proposed to be, provided. The Commission may appoint an individual nominated under subsection (b) of this section as a member of a joint board.
(b) The member of a joint board from a State shall be nominated by the State authority having jurisdiction to regulate intrastate transportation by motor vehicle on the highways of that State. If there is no such authority in that State or if that authority does not nominate a member when requested by the Commission, the chief executive officer of the State may nominate the member. If both that State authority and the chief executive officer of that State do not nominate a member when requested, the board is constituted without a member from that State if the Commission has appointed members for at least 2 other States to the board.
(c) When a matter required to be referred to a joint board involves the operation of a motor carrier in or through a place outside the United States, if only one State is involved or if only one State nominates an individual to be a member of the joint board, that State may nominate and the Commission may appoint not more than 3 members to the board.
(d) A substitution in the membership of a joint board may be made at any time in the same manner as an initial nomination and appointment under this section.
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| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10342(a) | 49:305(a) (3d sentence less proviso), (b) (1st, 3d, 5th, and 12th sentences). | Feb. 4, 1887, ch. 104, |
| 10342(b) | 49:303(a)(2). | Feb. 4, 1887, ch. 104, |
| 49:305(b) (4th and 6th sentences). | ||
| 10342(c) | 49:305(b) (10th sentence). | |
| 10342(d) | 49:305(b) (less 1st–12th sentences). |
In subsection (a) the 1st sentence is substituted for 49:305(b) (1st and 11th sentences) for clarity. The word "composed" is substituted for "consist" for consistency. The words "in which transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title" are substituted for "in which the motor carrier or brokerage operations involved" for consistency. The words "approved by it" are omitted as surplus.
In subsection (b), the words "State authority" are substituted for "the commission, board, or official (by whatever name designated in the laws of a State)" as being more inclusive. The words "having jurisdiction to regulate intrastate transportation by motor vehicles on the highways of that State" are substituted for "which, under the laws of any State in which any part of the service in interstate or foreign commerce regulated by this chapter is performed, has or may hereafter have jurisdiction to grant or approve certificates of public convenience and necessity or permits to motor carriers, or otherwise to regulate the business of transportation by motor vehicles, in intrastate commerce over the highways of such State" in 49:303(a)(2) for clarity and as being more inclusive. In view of that substitution, the definitions of "board" and "State board" are omitted as unnecessary. The words "does not" are substituted for "fails to make" for clarity. The words "chief executive officer of that State" are substituted for "Governor of such State" for consistency in view of the inclusion of the District of Columbia in the definition of "State" in section 10102 of the revised title. The words "if the Commission has appointed" are substituted for "if . . . shall have been nominated and approved by the Commission" as being more accurate since the Commission has the appointment power.
In subsection (c), the word "matter" is substituted for "proceeding" for consistency. The words "that State may nominate and the Commission may appoint" are substituted for "then the Commission, in such case, may receive from that State the nomination . . . and may appoint such nominees" for clarity.
Section Referred to in Other Sections
This section is referred to in sections 10341, 10343 of this title.