1184.2—Contents of a pooling application.
A pooling application filed under 49 U.S.C. 14302 should include the following information:
(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;
(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.
Code of Federal Regulations
[46 FR 21181, Apr. 9, 1981. Redesignated and amended at 47 FR 49595, Nov. 1, 1982; 64 FR 53269, Oct. 1, 1999]