§11346. Consolidation, merger, and acquisition of control: expedited rail carrier procedure
(a) A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title or the Secretary of Transportation may apply, before January 1, 1982, for authority for and approval of a merger, consolidation, unification or coordination project (as described in section 333(c) of this title), joint use of tracks or other facilities, or acquisition or sale of assets involving one of those rail carriers, under this section instead of sections 11344 and 11345 of this title. The Secretary may apply under this section only when the parties to the application that are rail carriers providing transportation subject to the jurisdiction of the Commission under subchapter I of that chapter consent to an application by the Secretary. A rail carrier may apply under this section only if it sent the proposed transaction to the Secretary for a report under section 11350 of this title at least 6 months before applying under this section.
(b) When the Commission notifies persons required to receive notice that an application has been filed under this section, the Commission must include in the notice a copy of the application, a summary of the proposed transaction, and the applicant's reasons and public interest justification for the transaction. When the Commission notifies the Secretary of Transportation that an application has been filed under this section, the Commission shall also request the report of the Secretary prepared under section 11350 of this title. By the 10th day after receiving an application under this section, the Commission shall send notice of the proposed transaction to-
(1) the chief executive officer of each State that may be affected by the execution or implementation of the proposed transaction;
(2) the Attorney General;
(3) the Secretary of Labor; and
(4) the Secretary of Transportation (unless the Secretary is the applicant under subsection (a) of this section).
(c) The Commission shall designate a panel of the Commission to make a recommended decision on each application under this section. The panel must begin a proceeding by the 90th day after the date the Commission receives the application, complete the proceeding by the 180th day after the application is referred to it, and give its recommended decision and certify the record to the entire Commission by the 90th day after the proceeding is completed. The panel may use employees appointed under section 3105 of title 5 and the Rail Services Planning Office in conducting the proceeding, evaluating the application and comments received about it, and determining whether it is in the public interest to approve and authorize the transaction under the last sentence of subsection (d) of this section. To carry out this subsection, the panel may make rules and rulings to avoid unnecessary costs and delay. In making its recommended decision, the panel shall-
(1) request the views of the Secretary of Transportation about the effect of the transaction on the national transportation policy, as stated by the Secretary, and consider the report submitted under section 11350 of this title;
(2) request the views of the Attorney General about the effect of the transaction on competition; and
(3) request the views of the Secretary of Labor about the effect of the transaction on rail carrier employees, particularly whether the proposal contains adequate employee protection provisions.
The Secretaries and the Attorney General shall send their written views to the panel. Those statements are available to the public under section 552(a) of title 5.
(d) When the recommended decision and record of a proceeding under this section are certified to the entire Commission, it must hear oral argument on the matter certified to it and make a final decision by the 120th day after receiving the recommended decision and record. The Commission may extend a time period under subsection (c) of this section or under this subsection but must make its final decision by the end of the 2d year after receipt of the application by the Commission. The Commission shall consider the report of the Secretary of Transportation under section 11350 of this title in making its final decision. The final decision must be accompanied by a written opinion stating the reasons for the Commission action. The Commission may-
(1) approve the transaction if the Commission determines the transaction is in the public interest;
(2) approve the transaction with conditions and modifications that it determines are in the public interest; or
(3) disapprove the transaction if it determines the transaction is not in the public interest.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11346(a) | 49:56(3)(a), (b). | Feb. 4, 1887, ch. 104, |
| 11346(b) | 49:5(3)(c). | |
| 11346(c) | 49:5(3)(d) (less 6th and last sentences), (e). | |
| 11346(d) | 49:5(3)(d) (6th and last sentences), (f) (last sentence), (g). |
In subsection (a), the words "by an eligible party in accordance with subdivision (b)" are omitted as unnecessary in view of the restatement. The words "before January 1, 1982" are substituted for "during the period beginning on February 5, 1976 and ending on December 31, 1981" for clarity. The words "may apply . . . under this section instead of sections 11344 and 11345 of this title" are substituted for "may utilize the procedure set forth in this paragraph or in paragraph (2) of this section" for clarity and to conform to the revised title. The words "Any transaction described in subdivision (a) may be proposed to the Commission by" are omitted as unnecessary in view of the restatement. The words "hereafter in this paragraph referred to as the 'Secretary' " are omitted as unnecessary in view of the restatement. The word "only" is added in the last 2 sentences for clarity. The word "sent" is substituted for "submitted" for clarity.
In subsection (b), the words "whenever a transaction described in subdivision (a) is proposed under this paragraph, the proposing party shall submit an application for approval thereof to the Commission" are omitted in view of the restatement of 49:5(2)(b) (less last sentence) in section 11344(a) of the revised title. The words "directly or indirectly" are omitted as surplus. The words "Secretary is the applicant under subsection (a) of this section" are substituted for "Secretary is the proposing party" for clarity. The words "shall also request the report of the Secretary prepared under section 11350 of this title" are substituted for "shall accompany its notice to the Secretary with a request for the report of the Secretary pursuant to clause (v) of subdivision (f)." for clarity. The words "When the Commission notifies persons required to receive notice" are substituted for "Each such notice" for consistency. The words "that an application has been filed under this section" are inserted for clarity. The words "chief executive officer" are substituted for "Governor" since the District of Columbia is included in the definition of "State" in section 10102 of the revised title.
In subsection (c), the word "proceeding" is substituted for "public hearing" in view of subchapter II of chapter 5 of title 5. The words "The panel must begin a proceeding" are substituted for "The Commission shall hold a public hearing. . . . Such public hearing shall be held before a panel of the Commission" to clarify the statutory intent. The words "shall designate a panel of the Commission to make a recommended decision" are substituted for "a panel . . . duly designated for such purpose. . . . Such panel shall recommend a decision" for clarity. The words "complete the proceeding by the 180th day" are substituted for "shall complete such hearing within 180 days" for consistency. The words "The panel may use" are substituted for "Such panel may utilize" for clarity. The words "in such manner as it considers appropriate for the conduct of the hearing" are omitted as unnecessary. The words "and reasonable" are omitted as unnecessary in view of section 706 of title 5. The words "To carry out this subsection the panel may make rules and rulings" are substituted for "and it may, in order to meet such requirement, prescribe such rules and make such rulings" for clarity. The words "for final decision" are omitted as unnecessary in view of subsection (d) of this revised section. The words "with respect to any transaction proposed under this paragraph, to duly designate" are omitted as unnecessary in view of the restatement. The words "about the effect of the transaction" are substituted for "with respect to the effect of such proposed transaction" for clarity. The words "available to the public under section 552(a) of title 5" are substituted for "available to the public upon request" for consistency.
In subsection (d), the word "but" is substituted for "except that" for clarity. The words "must make its final decision" are substituted for "the final decision of the Commission shall be rendered" for clarity. The words "shall consider" are substituted for "shall give due weight and consideration" for clarity. The words "In each case" are omitted as surplus.
Amendments
1983-Subsec. (a).
Section Referred to in Other Sections
This section is referred to in sections 11347, 11350, 11912 of this title.