DOT 49 CFR PART 1185-2010 INTERLOCKING OFFICERS.pdf

1、296 49 CFR Ch. X (10110 Edition) Pt. 1185 the pooling agreement will unduly re-strain competition. If neither of these two factors is present, the application will be granted without further hear-ing. Where either factor is found to exist, the application will be published in the FEDERAL REGISTER us

2、ing the caption summary filed with the appli-cation, and a hearing will be scheduled (normally to receive written verified statements) to consider the issues fur-ther. In this second phase of the pro-ceeding, the Board will consider wheth-er the pooling agreement would be in the interest of better s

3、ervice to the public or of economy of operation and whether it will unduly restrain com-petition. PART 1185INTERLOCKING OFFICERS Sec. 1185.1 Definitions and scope of regulations. 1185.2 Contents of application. 1185.3 Procedures. 1185.4 General authority. 1185.5 Common control. 1185.6 Jointly used t

4、erminal properties. AUTHORITY: 49 U.S.C. 721, 10502, and 11328. SOURCE: 62 FR 2042, Jan. 15, 1997, unless otherwise noted. 1185.1 Definitions and scope of regu-lations. (a) This part addresses the require-ment of 49 U.S.C. 11328 authorization of the Surface Transportation Board (STB) needed for a pe

5、rson to hold the position of officer or director of more than one rail carrier, except where only Class III carriers are involved. STB authorization is not needed for in-dividuals seeking to hold the positions of officers or directors only of Class III railroads. 49 U.S.C. 11328(b). (b) When a perso

6、n is an officer of a Class I railroad and seeks to become an officer of another Class I railroad, an application under 49 U.S.C. 11328(a) (or petition for individual exemption under 49 U.S.C. 10502) must be filed. All other interlocking directorates have been exempted as a class from the prior appro

7、val requirements of 49 U.S.C. 11328(a), pursuant to 49 U.S.C. 10502 and former 49 U.S.C. 10505. For such inter-locking directorates exempted as a class, no filing with the STB is nec-essary to invoke the exemption. (c) An interlocking directorate exists whenever an individual holds the posi-tion of

8、officer or director of one rail carrier and assumes the position of of-ficer or director of another rail carrier. This provision applies to any person who performs duties, or any of the du-ties, ordinarily performed by a direc-tor, president, vice president, sec-retary, treasurer, general counsel, g

9、en-eral solicitor, general attorney, comp-troller, general auditor, general man-ager, freight traffic manager, passenger traffic manager, chief engineer, general superintendent, general land and tax agent or chief purchasing agent. (d) For purposes of this part, a rail carrier means a person providi

10、ng com-mon carrier railroad transportation for compensation (except a street, subur-ban, or interurban electric railway not operating as part of the general system of rail transportation), and a corpora-tion organized to provide such trans-portation. 1185.2 Contents of application. (a) Each applicat

11、ion shall state the following: (1) The full name, occupation, busi-ness address, place of residence, and post office address of the applicant. (2) A specification of every carrier of which the applicant holds stock, bonds, or notes, individually, as trustee, or otherwise; and the amount of, and ac-c

12、urate description of, such securities of each carrier for which the applicant seeks authority to act. (Whenever it is contemplated that the applicant will represent on the board of directors of any carrier securities other than those owned by the applicant, the application shall describe such securi

13、ties, state the character of representation, the name of the beneficial owner or owners, and the general nature of the business con-ducted by such owner or owners.) (3) Each and every position with any carrier: (i) Which is held by the applicant at the time of the application; and (ii) Which the app

14、licant seeks au-thority to hold, together with the date and manner of his or her election or ap-pointment thereto and, if the applicant has entered upon the performance of VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00306 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1

15、PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-297 Surface Transportation Board, DOT 1185.5 his duties in any such position, the na-ture of the duties so performed and the date when he first entered upon their performance. (A decision a

16、uthorizing a person to hold the position of director of a carrier will be construed as suffi-cient to authorize that person to serve also as chairman of its board of direc-tors or as a member or chairman of any committee or committees of such board; and, therefore, when authority is sought to hold t

17、he position of direc-tor, the applicant need not request au-thority to serve in any of such other capacities.) (4) As to each carrier covered by the requested authorization, whether it is an operating carrier, a lessor company, or any other corporation organized for the purpose of engaging in rail t

18、rans-portation. (If any such carrier neither operates nor owns any railroad pro-viding transportation that is subject to 49 U.S.C. 10501, the application shall in-clude a copy of such carriers charter or certificate or articles of incorpora-tion, with amendments to date or, if al-ready filed with th

19、e former Interstate Commerce Commission (ICC) or with the STB, a reference thereto, with any intervening amendments.) (5) A full statement of pertinent facts relative to any carrier involved which does not make annual reports to the STB. (6) Full information as to the rela-tionshipoperating, financi

20、al, com-petitive, or otherwiseexisting be-tween the carriers covered by the re-quested authorization. (7) Every corporationindustrial, fi-nancial, or miscellaneousof which the applicant is an officer or director, and the general character of the business conducted by such corporation. (8) The reason

21、s, fully, why the grant-ing of the authority sought will not af-fect adversely either public or private interests. (9) Whether or not any other applica-tion for authority has been made in be-half of the applicant and, if so, the date and docket number thereof, by whom made, and the action thereon, i

22、f any. (b) When application has been made on behalf of any person, a subsequent application by that person need not re-peat any statement contained in the previous application but may incor-porate the same by appropriate ref-erence. 1185.3 Procedures. The original application or petition shall be si

23、gned by the individual appli-cant or petitioner and shall be verified under oath. Petitions and applications should comply with the STBs general rules of practice set forth at 49 CFR part 1104. Applications or petitions may be made by persons on their own behalf. 1185.4 General authority. Any person

24、 who holds or seeks spe-cific authority to hold positions with a carrier may also request general au-thority to act as an interlocking offi-cer for all affiliated or subsidiary com-panies or properties used or operated by that carrier, either separately or jointly, with other carriers. A carrier may

25、 apply for general authority on be-half of an individual who has already received authority to act as an inter-locking officer. However, a carrier may not apply for general authority for an individual who holds a position with another railroad which is not an affil-iate or subsidiary of the carrier

26、or whose properties are not used or oper-ated by the carrier, either separately or jointly with other carriers. 1185.5 Common control. It shall not be necessary for any per-son to secure authorization to hold the position of officer or director of two or more carriers if such carriers are oper-ated

27、under common control or manage-ment either: (a) Pursuant to approval and author-ity of the ICC granted under former 49 U.S.C. 1134344 or by the STB granted under 49 U.S.C. 1132324; or (b) Pursuant to an exemption author-ized by the ICC under former 49 U.S.C. 10505 or by the STB under 49 U.S.C. 10502

28、 or (c) Pursuant to a controlling, con-trolled, or common control relation-ship which has existed between such carriers since before June 16, 1933. 62 FR 2042, Jan. 15, 1997, as amended at 69 FR 58366, Sept. 30, 2004 VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00307 Fmt 8010 Sfmt 801

29、0 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-298 49 CFR Ch. X (10110 Edition) 1185.6 1185.6 Jointly used terminal prop-erties. Any person holding the position of officer or director of a c

30、arrier is re-lieved from the provisions of this part to the extent that he or she may also hold a directorship and any other posi-tion to which that person may be elect-ed or appointed with a terminal rail-road the properties of which are oper-ated or used by the carrier jointly with other carriers. PARTS 11871199 RESERVED VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00308 Fmt 8010 Sfmt 8006 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-