This statement of policy on motor carrier pooling applications implements section 20 of the Motor Carrier Act of 1980 [Pub. L. No. 96-296, 94 Stat. 793]. The Act's provisions are now contained at 49 U.S.C. 14302.
[46 FR 21181, Apr. 9, 1981, as amended at 64 FR 53269, Oct. 1, 1999]
A pooling application filed under 49 U.S.C. 14302 should include the following information:
(a) An identification of all the carriers who are parties to the pooling agreement;
(b) A general description of the transaction;
(c) A specific description of the operating authorities sought to be pooled;
(d) The basis to establish that the agreement is a genuine pooling arrangement (as opposed to a lease or interline arrangement);
(e) A description of what applicants consider to be the relevant transportation markets affected by the proposed agreement;
(f) The competitive routing and service alternatives that would remain if the agreement is approved, to the best of applicant's knowledge;
(g) If there is a lessening of such alternatives, an estimate of the public benefits that will accrue from approval, or new competition that will arise, which would offset such lessening;
(h) A narrative assessment of how the pooling arrangement will affect present and future competition in the area, including a description of the projected volume of traffic, the revenues, and the commodities which will be subject to the pooling agreement;
(i) Certification that rates set for traffic moving under the agreement do not violate the restrictions on collective ratemaking contained in 49 U.S.C. Subtitle IV and Board regulations;
(j) A narrative statement as to the relative transportation importance of the pooling agreement as it would affect the public and the national transportation system;
(k) If any known non-pooling carriers authorized to transport the subject traffic are not included in the pooling arrangement explain why, and explain whether inclusion would enhance or restrain competition;
(l) A statement of the energy and environmental effects of the agreement, if any; and
(m) Certification by applicant, or its representatives, that the representations made in the application are, to the best of applicant's knowledge and belief, true and complete.
As appendices, applicants must submit: (1) A copy of the pooling agreement; (2) a copy of the specific operating authority of each carrier which is the subject of the pooling agreement; and (3) a caption summary (for Federal Register publication) of the pooling transaction sought to be approved.
[46 FR 21181, Apr. 9, 1981. Redesignated and amended at 47 FR 49595, Nov. 1, 1982; 64 FR 53269, Oct. 1, 1999]
After the pooling application is received (not less than 50 days before the effective date specified in the pooling agreement), the Board will either reject it or determine initially whether the pooling agreement is of major transportation importance and whether there is a substantial likelihood that the pooling agreement will unduly restrain competition. If neither of these two factors is present, the application will be granted without further hearing. Where either factor is found to exist, the application will be published in the Federal Register using the caption summary filed with the application, and a hearing will be scheduled (normally to receive written verified statements) to consider the issues further. In this second phase of the proceeding, the Board will consider whether the pooling agreement would be in the interest of better service to the public or of economy of operation and whether it will unduly restrain competition.