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 90 STAT. 110

45 USC 775.

29 USC 1001 not«-

PUBLIC LAW 94-210—FEB. 5, 1976 it appears in the third and fourth sentences thereof; and (C) by striking out the second sentence thereof. (3) Section 301(b) of such Act (45 U.S.C. 741(b)) is amended in the third sentence thereof by inserting immediately after "of the Corporation" the following: "or of its principal railroad operating subsidiary". (k) Section 303(b)(4) of such Act (45 U.S.C. 743(b)(4)) is amended by inserting immediately after "is made assumes" the following: "all future liability under such lease and". (1) Section 303(b) of such Act (45 U.S.C. 743(b)) is amended by inserting at the end thereof the following two new paragraphs: "(5) Notwithstanding any covenant, undertaking, condition, or provision of any sort in any lease, agreement, or contract, the conveyance, transfer, assignment, or other disposition of such lease, agreement, or contract or of any interest therein to, or the assumption by, the Corporation or any subsidiary thereof, or a profitable railroad of obligations thereunder, shall not be deemed a breach, an event of default, or a violation of any covenant of such lease, agreement, or contract. "(6) Notwithstanding anything to the contrary contained in this Act or any other provision of law, the special court shall include in its order such further directions as may be necessary to assure (A) that the operation and administration of the employee pension benefit plans described in section 505(a) of this Act shall be continued, without termination or interruption, by the Corporation until such time as the Corporation elects to amend or terminate any such plan, in whole or in part; and (B) that appropriate transfers and assignments with respect to all rights and obligations relating to such plans shall be made to the Corporation for such purposes, without prejudice to payment of consideration for whatever rights any railroad in reorganization may have in any residual assets under any such employee pension benefit plan. No court shall enter any judgment against the Corporation with respect to any such rights, except that the special court may enter such a judgment in an order issued by it pursuant to subsection (c) of this section, after taking into consideration the rights and obligations transferred pursuant to this paragraph. All liabilities as an employer shall be imposed solely upon the railroad in reorganization in the event such plan is terminated, in whole or in part, by the Corporation within 1 year after the date of such transfer or assignment (except liabilities as an employer under the Employee Retirement Income Security Act of 1974 for benefits accruing during such period).". (m) Section 301 of such Act (45 U.S.C. 741) is amended by adding at the end thereof the following two new subsections: "(h) LIABILITY OF DIRECTORS.—No director of the Corporation shall be liable, for money damages or otherwise, to any party by reason of the fact that such person is or was a director, if, with respect to the subject matter of the action, suit, or proceeding, such person was fulfilling a duty which he in good faith reasonably believed to be required by law or vested in him in his capacity as a director of the Corporation or as an officer of the United States. The United States shall indemnify such person against all judgments, amounts paid in settlement, and costs and expenses (including fees of accountants, experts, and attorneys), actually and reasonably incurred in connection with any such action, suit, or proceeding in which such person is determined to have met such standard of conduct. This subsection shall not be construed to grant any immunity from any criminal law of the United States. "(i) CORPORATE SIMPLIFICATION.—In the interest of corporate simplification, the Corporation, in implementing the final system plan, shall undertake, as soon as possible and pursuant to financial assistance provided by the Railroad Revitalization and Regulatory Reform

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90 STAT. I l l

Act of 1976, to acquire all interests in rail lines and related rail prop- Ante, p. 31. erties otherwise conveyed to the Corporation, upon the tender of such interests to it, so as to eliminate any remaining intermediate layers of ownership or interest, such as leaseholds, owned or held by persons who are neither a railroad, a railroad in reorganization, nor controlled by a railroad in reorganization. Any option conditions regarding the purchase price for such interests, in existence since prior to January 2, 1974, shall be deemed to be conclusive of fair and equitable value.". (n) Section 303(c)(3) of such Act (4.5 U.S.C. 743(c)(3)) is amended by adding at the end thereof the following: "The special couit shall also find the amount of the payments, if any, which each profitable railroad has made on behalf of a transferor railroad in reorganization in accordance with section 211(h) of this Act, for which Ante, p. 92. payment the profitable railroad has not been reimbursed, as provided in section 211(h). Notwithstanding any other provision of this paragraph or of paragraph (4), the special court shall order the return to any such profitable railroad from compensation deposited by such profitable railroad pursuant to section 303(a)(2), of any such amount so found together with interest at the rate provided in section 211(h).". (o) Section 303(b)(1) of such Act (45 U.S.C. 743(b)(1)) is amended by striking out "railroad leased" and inserting in lieu thereof "person leased". (p) Section 303(b)(1) of such Act (45 U.S.C. 743(b)(1)) is amended by adding at the end thereof the following: "In any case where the special court orders the trustee or trustees of a railroad in reorganization in the region to execute and deliver deeds or other instruments conveying rail properties to the Corporation or a subsidiary thereof or to a profitable railroad operating in the region or a State or responsible person, those deeds or other instruments may be executed, acknowledged, and delivered on behalf of the trustee or trustees by any person or persons who have been duly authorized to perform such acts on behalf of the trustee or triistees by the district court of the United States or any other court having jurisdiction over the re.^, spective railroad in reorganization in the region. Notwithstanding any provision of State or local law, in any case where deeds or other instruments ha\e been executed, acknowledged, or delivered by a representative of the trustee or trustees of a railroad in reorganization in the region in accordance with the previous sentence, such execution, acknowledgment, and delivery, and the deeds or other instruments to which they pertain, shall have the same legal effect as they would have had if the trustee or trustees had themselves executed, acknowledged and delivered such deeds or other instruments.". (q)(1) Section 303(c)(1)(A)(i) of such Act is amended by inserting after "exchange" the second time it appears the following: "(taking into consideration compensable unconstitutional erosion, if any, which the special court finds to have occurred in the estate of each such railroad, during the bankruptcy proceeding with respect to such railroad)". (2)_ Section 303(c)(1)(A) (ii) of such Act (45 U.S.C. 743(c)(1) (A) (ii)) is amended by inserting immediately after "region," the following: "in exchange for compensation and other benefits accruing to such transferor as a result of such exchange (taking into consideration compensable unconstitutional erosion, if any, which the special court finds to have occurred in the estate of each such railroad, during the bankruptcy proceeding with respect to such railr-oad)". (3) Section 303(c)(2) of such Act (45 U.S.C. 743(c)(2)) is amended by inserting immediately after "reorganization" the second time it appears the following: "(taking into consideration compensa-

89-194 O—78—pt. 1

11

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 90 STAT. 112

PUBLIC LAW 94-210—FEB. 5, 1976 ble unconstitutional erosion, if any, which the special court finds to have occurred in the estate of each such railroad, during the bankruptcy proceeding with respect to such railroad)". (4) Section 303(c)(3) of such Act (45 U.S.C. 743(c)(3)) is amended by adding at the end thereof the following new sentence: "In making any finding under this paragraph, the special court shall take into consideration compensable unconstitutional erosion, if any, which it finds to have occurred in the estate of a railroad in reorganization in the region, or of a railroad leased, operated, or controlled by such a railroad, during the bankruptcy proceeding with respect to such railroad.". DEFINITIONS

45 USC 716. Ante, p. 100. ,

SEC. 613. Section 501 of such Act (45 U.S.C. 771) is amended— (1) in paragraphs (1) and (6) thereof, by inserting immediately after "Corporation" each place it appears the following: "or a subsidiary thereof"; (2) in paragraph (2) thereof (A) by inserting immediately after "Corporation" the following: "or a subsidiary thereof, to the National Railroad Passenger Corporation,"; and (B) by striking out "except a president," and inserting in lieu thereof "(except a Class I railroad which is not wholly owned, operated, or leased by a railroad in reorganization but is controlled by a railroad in reorganization), but does not include a president,"; (3) by amending paragraph (3) thereof to read as follows: " (3) 'protected employee' means any employee of— "(A) an acquiring or selling railroad who is adversely affected by a transaction; "(B) the Corporation who, immediately preceding such employment by the Corporation, was employed by a selling railroad and who is adversely affected by the sale of rail properties to the Corporation pursuant to an offer designated under section 206(c)(2) of this Act; "(C) a railroad in reorganization in the region; and "(D) a railroad who is adversely affected by a supplemental transaction under section 305 of this Act or by a project recommended under section 206(g) of this Act; who, in any such case, has not reached age 65 on the effective date of this Act;" (4) amending paragraph (8) thereof by (A) striking out "this Act or" and inserting in lieu thereof "this Act, including section 305 thereof, or", and (B) striking out "and" at the end of such paragraph; (5) striking out the period at the end of paragraph (9) thereof and inserting in lieu thereof "; and"; and (6) adding at the end thereof the following new paragraph: "(10) 'selling railroad' means a railroad which sells rail properties pursuant to an offer designated under section 206(c)(2) of this Act.". EMPLOYMENT OFFERS

SEC. 614. (a) Section 502(b) of such Act (45 U.S.C. 772(b)) ia amended to read as follows: "(b) MANDATORY OFFER.—The Corporation shall offer employment, to be effective as of the date of a conveyance or discontinuance of serv-

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 PUBLIC LAW 94-210—FEB. 5, 1976

90 STAT. 113

ice under the provisions of this Act, to each employee of a railroad in reorganization in the region who has not already accepted an offer of employment by the Association (where applicable), an acquiring railroad, or the Corporation. Such offers of employment to employees represented by labor organizations shall be confined to their same craft and class. The Corporation shall apply to such employees the protective provisions of this title.". (b) Section 502(a) of such Act (45 U.S.C. 772(a)) is amended by adding at the end thereof the following new sentence: "As used in this subsection, the term 'where applicable' refers to the relation of the ,^ Association, as an employer (A) to employees of the Association who, before the date of conveyance, under section 303(b)(1) of this Act, 45 USC 743. had creditable service under the relevant statute and who were offered and accepted coverage under such statute, and (B) to former employees of railroads in reorganization in the region, after the date of such conveyance.". COLLECTIVE BARGAINING AGREEMENTS

SEC. 615. Section 504 of such Act (45 U.S.C. 774) is amended by adding at the end thereof the following three new subsections: "(e) LIABILITY FOR EMPLOYEE CLAIMS.—In all cases of claims by employees, arising under the collective bargaining agreements of the railroads in reorganization in the region, and subject to section 3 of the Railway Labor Act (45 U.S.C. 153), the Corporation, the National Railroad Passenger Corporation, or an acquiring carrier, as the case may be, shall assume responsibility for the processing of any such claims, and payment of those which are sustained or settled on or subsequent to the date of conveyance, under section 303(b)(1) of this Act, and shall be entitled to direct reimbursement from the Association pursuant to section 211(h) of this Act. In those cases in which Ante, p. 92. claims for employees were sustained or settled prior to such date of conveyance, it shall be the obligation of the employees to seek satisfication against the estates of the railroads in reorganization which were their former employers.

"(f) TRANSFER OF EMPLOYEES TO THE NATIONAL RAILROAD PASSENGER CORPORATION OR ACQUIRING RAILROADS.—Notwithstanding any

otherwise applicable provisions of this title, protected employees to whom the Corporation has made offers of employment may be transferred to the National Railroad Passenger Corporation in accordance with the following procedure: "(1) Not later than 90 days after the date of completion of the transaction required by section 206(c) of this Act, implement- 45 USC 716. ing agreement negotiations between representatives of the various crafts or classes of employees associated with the involved properties, the Corporation, and the National Railroad Passenger Corporation shall commence. These negotiations shall— "(A) identify the specific employees of the Corporation to whom the National Railroad Passenger Corporation offers employment; "(B) the procedure by which those employees of the Corporation may elect to accept employment with the National Railroad Passenger Corporation; [ "(C) the procedure for acceptance of such employees into the National Railroad Passenger Corporation's employment; and " (D) the procedure for determining the seniority of such « employees in their respective crafts or classes on the National

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Page:United States Statutes at Large Volume 90 Part 1.djvu/164

 90 STAT. 114

45 USC 791.

Hearings.

45 USC 151.

Post, T^. 116.

45 USC 743.

Anfe, p. 92.

PUBLIC LAW 94-210—FEB. 5, 1976 Kailroad Passenger Corporation's system which shall, to the extent possible, preserve their prior seniority rights. If no agreement regarding the matters referred to in this subsection IS reached by the end of 60 days after the date of commencement of negotiations (which shall also be a date which is at least 90 days after the transaction contemplated by section 601(d) of this Act), upon notice of any party, all parties thereto shall within an additional 10 days select a neutral referee. If such parties are unable to agree upon the selection of such a referee, the National Mediation Board shall promptly appoint a referee. Hearings shall commence not later than 30 days after the date of selection or appointment of such referee, and a decision shall be rendered by such referee within 60 days after the date of commencement or the hearings. The referee shall resolve and decide all matters in dispute regarding the negotiation of the implementing agreement or agreements. All parties may participate, but the referee shall have the only vote. The referee's decision shall be final and binding and shall constitute the implementing agreement or agreements between the parties. The salary and expenses of the referee shall be paid pursuant to the provisions of the Railway Labor Act. "(2) Prior to implementation of an agreement or agreements pursuant to paragraph (1) of this subsection, the representatives of the various crafts or classes of employees designated to be transferred to the National Railroad Passenger Corporation shall meet with representatives of the National Railroad Passenger Corporation for the purposes of negotiating agreements regarding rates of pay, rules, and working conditions. If, 60 days after the date of commencement of such negotiations, no agreement has been reached, the bargaining agreement in existence on the rail properties from which the employees are to be transferred and which is applicable to the craft or class of employees being transferred will apply and such implementing agreement w ill be put into effect. " (3) An employee of the Corporation who is entitled to protection and who is transferred as a result of an acquisition pursuant to this Act shall upon transfer to the National Railroad Passenger Corporation or to an acquiring railroad, carry with him his protected status. The National Railroad Passenger Corporation or an acquiring railroad, as new employers, shall be responsible for payment of protective benefits and shall be entitled to reimbursement pursuant to section 509 of this title. "(4) The National Railroad Passenger Corporation may prior to completion of any of the agreements referred to in this section, offer employment to any noncontract employee. Noncontract employees accepting employment with the National Railroad Passenger Corporation shall carry with them all rights and benefits accorded to them under this title. " (g) ASSUMPTION OF PERSONAL INJURY CLAIMS.—All cases or claims by employees or their personal representatives for personal injuries or death against a railroad in reorganization in the region arising prior to the date of conveyance of rail properties, pursuant to section 303 of this Act, shall be assumed by the Corporation or an acquiring railroad, as the case may be. The Corporation or the acquiring railroad shall process and pay any such claims that are sustained or settled, and shall be entitled to direct reimbursement from the Association pursuant to section 211(h) of this Act.".

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 PUBLIC LAW 94-210—FEB. 5, 1976

90 STAT. 115

EMPLOYEE PROTECTION

SEC. 616. (a) Section 505(a) oi such Act (45 U.S.C. 775(a)) is amended by striking out the period at the end thereof and inserting in lieu thereof the following: ", including benefits under any employee pension benefit plan in effect on December 1, 1975, other than a plan maintained primarily for the purpose of providing deferred compensation for a select group of management personnel or other highly compensated employees. For purposes of protecting employee pension benefits under this title, the term 'protected employee whose employment is governed by a collective-bargaining agreement' includes any beneficiary of, and any participant in, such plan, including noncontract employees. The protected benefits of such beneficiary or participant, accrued as of the date of conveyance, may be limited to the amount guaranteed under terminated plans pursuant to title IV of the Employee Retirement Income Security Act of 1974. Pension bene- 29 USC 1301. fits shall not be paid to any beneficiary of a terminated plan whose benefits are guaranteed by such Act.". (b) Section 505(b)(1) of such Act (45 U.S.C. 775(b)(1)) is amended by striking out "the last 12 months immediately prior to his being adversely affected" and inserting in lieu thereof "the 12 full calendar months immediately preceding February 26, 1975, or in the case of a supplementary transaction, the 12 full calendar months immediately preceding the effective date of such transaction". (c) Section 505(b)(3) of such Act (45 U.S.C. 775(b)(3)) is amended by striking out "his being adversely affected" and inserting in lieu thereof "February 26, 1975, or the effective date of the supplemental transaction, as the case may be". (d) Section 505(b) of such Act (45 U.S.C. 775) is amended by (1) redesignating paragraph (4) thereof as paragraph (5) thereof and (2) inserting a new paragraph (4) therein as follows: "(4) If a noncontract employee exercises seniority rights in a Noncontract craft or class of employees protected under this Act, then, during employees, the period such seniority is exercised, such noncontract employee shall be entitled to the same protection offered under this Act to employees in the craft or class in which such seniority is exercised. However, in computing the monthly displacement allow"ance, the last 12 months prior to February 26, 1975, during which such noncontract employee performed service under a collectivebargaining agreement, shall be used.". (e) Section 505(f) of such Act (45 U.S.C. 775(f)) is amended to read as follows: "(f) TERMINATION ALLOWANCE.—The Corporation may terminate

the employment of an employee of a railroad in reorganization who has less than 3 years' service with such railroad, as of the date of enactment of this Act. The Corporation's right to terminate an employee must be exercised within a period of 1 year from the date of conveyance, pursuant to section 303 of this Act. Upon notification to 45 USC 743. the employee of the Corporation's intent to terminate his services, the employee shall have the option of accepting the termination allowance or of accepting a voluntary furlough without pay. If the employee entitled to receive a lump sum separation allowance accepts such an allowance, the amount shall be determined as follows: 2 to 3 years' service 1 to 2 years' service Less than 1 year's service

180 days' pay at the rate of the position last held. 90 days' pay a t the rate of the position last held. 5 days' pay at the rate of the position last held for each month of service.".

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Page:United States Statutes at Large Volume 90 Part 1.djvu/166

 9 0 STAT. 116

PUBLIC LAW 9 4 - 2 1 0 — F E B. 5, 1976 (f) Section 505(h) of such Act (45 U.S.C. 7 7 5 (h)) is amended by adding at the end thereof the following new sentence: "Provisions of this title shall be applied, upon a conveyance or discontinuance of service, to employees who are otherwise entitled to protective benefits and who were placed in furlough status on or after February 26, 1975.". (g) Section 505 of such Act (45 U.S.C. 775) is amended by adding at the end thereof the following new subsection: " (i) NoNCONTRACT EMPLOYEES.—Compensation, severance, termination, and moving expense benefits for employees not governed by a collective-bargaining agreement shall be consistent with subsections (b), (c), (e), (f), and (g) of this section and shall be in accordance with the following provisions: " (1) A protected employee, whose employment is not governed by the terms of a collective-bargaining agreement, may be required by the Corporation, upon reasonable notice, to transfer to any position on the Corporation's system. If such transfer requires a change in residence, the employee may either voluntarily suspend his employment at his home location in lieu of protective benefits, or he may sever his employment and receive a benefit computed in accordance with subsection (e) or (f) of this section. These provisions supersede all provisions or conditions in subsection (d) of this section. " (2) I f any dispute arises between the Corporation and a noncontract employee regarding the interpretation or application of any provision of this title, the Corporation shall establish a resolution procedure with arbitration as the final step. E i the r party may request arbitration, and the cost and expenses of such arbitration shall be shared equally by the parties.", (h) Section 509 of such Act (45 U.S.C. 779) is amended to read as follows: "PAYMENT OF BENEFITS

Regional Rail Transportation Protective Account.

45 USC 367. Appropriation authorization.

" SEC. 509. The Corporation, the Association (where applicable), and acquiring railroads, as the case may be, shall be responsible for the actual payment of all allowances, expenses, and costs provided protected employees pursuant to the provisions of this title. The Corporation, the Association (where applicable), and acquiring railroads shall then be reimbursed for the actual amounts paid to, or for the benefit of, protected employees, pursuant to the provisions of this title, other than provisions with respect to employee pension benefits, not to exceed the aggregate sum of $250,000,000, by the Railroad Retirement Board, upon certification to such Board, by the Corporation, the Association (where applicable), and acquiring railroads, of the amounts paid such employees. Such reimbursement shall be made from a separate account maintained in the Treasury of the United States to be known as the Regional Rail Transportation Protective Account. Neither the Regional Rail Transportation Protective Account nor the Corporation nor an acquiring railroad shall be charged for any amounts of benefits paid to a protected employee under the provisions of the Railroad Unemployment Insurance Act or any other income protection law or regulation. There is authorized to be appropriated to the Regional Rail Transportation Protective Account annually such sums as may be required to meet the obligations payable hereunder, not to exceed the aggregate sum of $250,000,000. The r e is further authorized to be appropriated to the Railroad Retirement Board annually such sums as may be necessary to provide for additional administrative expenses to be incurred by the Board in the performance of its functions under this section.".

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 PUBLIC LAW 94-210—FEB. 5, 1976

90 STAT. 117

DUTIES OF ACQUIRING AND SELLING RAILROADS

SEC. 617. Section 508 of such Act (45 U.S.C. 778) is amended to read as follows: " D U T I E S O F ACQUIRING AND SELLING RAILROADS

" SEC. 508. (a) ACQUIRING RAILROADS.—(1) A n acquiring railroad

shall oifer such employment, subject to such rules and working conditions, and afford such employment protection to employees of a railroad from which it acquires properties or facilities (including operating rights) pursuant to this Act, and shall afford such protection to its own employees who are adversely affected by such acquisition, as shall be agreed upon between such acquiring railroad and the representatives of such employees prior to such acquisition, except that the protection and benefits (except as to rules and workin.": conditions) provided for protected employees in such agreements shall be the same as those specified in section 505 of t h i s title. Unless and until such agreements are reached, the acquiring railroad shall not enter into purchase agreements pursuant to section 206(d)(4) of this Act. For purposes of this subsection, the National Railroad Passenger Corporation shall be deemed to be an acquiring railroad, with respect to employees described in section 501(3) of this title. " (2) I f the National Railroad Passenger Corporation acquires rail properties of a railroad in reorganization in the region, p r i o r to the date of conveyance of rail properties to the Corporation pursuant to section 303(b)(1) of this Act b u t after the publication of the preliminary system plan, it shall offer such employment and afford such employment protection to employees of a railroad from which it acquires rail properties and shall further protect its own employees who may be adversely affected by such acquisition, as shall be agreed upon between the National Railroad Passenger Corporation and the representatives of such employees prior to such acquisitions. The protection and benefits provided for employees in such agreements shall be the same as those specified in section 505 of this titl^, and such protection and benefits shall supersede conflicting provisions in any previously applicable job stabilization agreements or agreements implementing such stabilization agreements, and the National Railroad Passenger Corporation shall be reimbursed for expenses incurred as a result of any such acquisition, as provided in section 509 of this title. " (b) SELLING RAILROADS.—A selling railroad shall offer such employment and shall provide such employment protection to each of its employees who are adversely affected by such sale, pursuant to agreements to be entered into between it and the representatives of such employees prior to said sale: Provided, That (1) the protection and benefits provided for protected employees in such agreements shall be the same as those specified in section 505 of this title, and (2) unless and until such agreements a r e reached, the selling railroad shall not enter into selling agreements pursuant to section 206(d) of this Act.". EXEMPTIONS

SEC. 618. (a) Section 601(a)(2) of such Act (45 U.S.C. 791 (a)(2)) is amended by adding immediately before the period at the end thereof the following: " and with respect to any action taken to formulate or implement any supplemental transaction". (b) Section 601(b) of such Act (45 U.S.C. 7 9 1 (b)) is amended to read as follows:

45 USC 775. 45 USC 716. 45 USC 771.

45 USC 743.

/

Ante, p. 116.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/168

 90 STAT. 118

11 USC 1 note.

45 USC 743. -' -i^'?^

'-

'' •

PUBLIC LAW 94-210—FEB. 5, 1976 "(b) COMMERCE, SECURITIES, AND BANKRUPTCY.—(1) The provisions of the Interstate Commerce Act (49 U.S.C. 1 et seq.) and the Bankruptcy Act (11 U.S.C. 205 et seq.) are inapplicable (A) to actions taken under this Act to formulate and implement the final system plan where such action was in compliance with the requirements of such plan, and (B) to actions taken under this Act to formulate or implement any supplemental transaction. "(2) All securities of the Corporation which are issued to the Association as the initial holder, or which are issued in connection with the transfer to the Corporation or a subsidiary thereof of rail properties under this Act, shall be deemed for all purposes to have been issued subject to and authorized pursuant to section 20a of the Interstate Commerce Act (49 U.S.C. 20a). "(3) The provisions of section 5 of the Securities Act of 1933 (15 U.S.C. 77e), shall not apply to transactions involving the issuance of any security of the Corporation to the Association, transactions involving the issuance of any security of the Corporation that is deposited with the special court pursuant to section 303(a) of this Act, or transactions involving the issuance or distribution of any security of the Corporation, where the terms and conditions of such issuance or distribution are approved by the special court pursuant to section 303(c) of this Act. "(4) The powers and duties of the Commission under section 77 of the Bankruptcy Act (11 U.S.C. 205), with respect to a railroad in reorganization in the region which conveys all or substantially all of its designated rail properties to the Corporation or a subsidiary thereof, or to profitable railroads in the region, pursuant to the final system plan, and the requirement that plans of reorganization be filed wnth the Commission, shall cease upon the date of such conveyance. The powers and duties of the Commission under section 77 of the Bankruptcy Act shall also so terminate, as of the date of enactment of this paragraph, with respect to any railroad in reorganization under such section 77 but not subject to this Act which (1) does not operate any line of railroad, and (2) has transferred all or substantially all of its rail properties to a railroad in reorganization in the region which was subject to this Act prior to the date of enactment of this paragraph. Thereafter, such powers and duties of the Commission shall be vested in the district court of the United States which has jurisdiction of the estate of any such railroad in reorganization at the time of such conveyance. Such court shall proceed to reorganize or liquidate such railroad in reorganization pursuant to such section 77 on such terms as the court deems just and reasonable, or pursuant to any other provisions of the Bankruptcy Act, if the court finds that such action would be in the best interests of such estate. This paragraph does not affect any obligation of any carrier by railroad subject to regulation under the Interstate Commerce Act. The powers and duties of the Commission under section 77 of the Bankruptcy Act shall continue in effect only to the extent that the railroad in reorganization continues to operate any line of railroad.". (c) Section 601(c) of such Act (45 U.S.C. 791(c)) is amended to read as follows: "(c) ENVIRONMENT.—The provisions of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to any action taken under authority of this Act before, and including, the conveyance of rail properties ordered by the special court under section 303(b)(1) of this Act, and shall not apply thereafter to any action taken in compliance with the requirements of the final system plan.".

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 PUBLIC LAW 94-210—FEB. 5, 1976

90 STAT. 119

APPLICATION o r THE NATIONAL ENVIRONMENTAL POLICY ACT

SEC. 619. Nothing in this title shall affect the application of the 45 USC 791 note. National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to actions of the Commission. TITLE VII—NORTHEAST CORRIDOR P R O J E C T IMPLEMENTATION NATIONAL RAILROAD PASSENGER CORPORATION

SEC 701. (a) GENERAL.—To carry out the purposes of this title, 45 USC 851. the Rail Passenger Service Act, and the Regional Rail Reorganiza- 45 USC 501 note, tion Act of 1973, the National Railroad Passenger Corporation is 45 USC 701 note, authorized to— (1) acquire by purchase, lease, exchange, gift, or otherwise, and to hold, maintain, sell, lease or otherwise dispose of, any real or personal property or interest therein which is necessary or useful in establishing and maintaining improved high-speed rail services, as specified in section 703 of this title; (2) enter into and implement such contracts and agreements as are necessary or appropriate in the conduct of its functions; (3) provide for the continuous operation and maintenance of rail freight, intercity rail passenger, and commuter rail passenger service over the properties acquired pursuant to this section: Provided, That any provision of rail freight or rail commuter service shall be effectuated by a compensatory contract with the responsible carrier; (4) improve railroad rights-of-way betAveen Boston, Massachusetts, and Washington, District of Columbia (including at its option, the route through Springfield, Massachusetts, and routes to Harrisburg, Pennsylvania, and Albany, New York, from the Northeast Corridor main line) to enable improved highspeed rail passenger service to be provided between Boston, Massachusetts, and Washington, District of Columbia, and intermediate intercity markets, in accordance with the goals set forth in section 703 of this title; (5) acquire, construct, improve, and install passenger stations; communications, electric power, and other facilities and equipment; public and private highway and pedestrian crossings; other safety facilities or equipment; and any other facilities or equipment which it determines are necessary to enable improved high-speed rail passenger service to be provided over the railroad rights-of-way to be improved under paragraph (4) of this subsection; (6) enter into agreements with other railroads, other carriers, and commuter agencies, for the purpose of granting, acquiring, or entering into trackage rights, contract services, and other appropriate arrangements for freight and commuter services over the rights-of-way acquired under this title, with such agreement to be on such terms and conditions as are necessary to reimbursement for costs on an e(|uitable and fair basis, except that cross subsidization among intercity, commuter, or rail freight services is prohibited; (7) appoint a qualified individual to serve as the General Manager of the Northeast Corridor improvement project; and (8) enter into agreements with telecommunications common carriers on a basis which is consistent with, and subject to, the

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 90 STAT. 120 47 USC 609. w,-ai =.>.M.^

PUBLIC LAW 9 4 - 2 1 0 — F E B. 5, 1976 Communications Act of 1934, for the purpose of continuing existing, and creating new and improved, rail passenger radio mobile telephone service in the higli-speed rail passenger service area specified in section 703(1) of this title. (b) TRANSFER OF K A I L PROPERTIES.—The Corporation, on the date of

conveyance pursuant to section 303(b)(1) of the Kegional Rail Reorganization Act of 1973 (45 U.S.C. 743), shall, by purchase or lease, transfer to the National Railroad Passenger Corporation all rail properties designated pursuant to sections 206(c)(1)(C) and 601(d) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(c) (1)(C) and 7 9 1 (d)), and it shall, within 180 days after the date of enactment of this title, execute agreements providing for the National Railroad Passenger Corporation to assume (1) all operational responsibilit}^ for intercity rail passenger services with respect to such properties, and (2) control and maintenance of the properties transferred. Such parties may agree to retaining or transferring, in whole or in part, operational responsibility for rail freight or commuter rail services in the area specified. (c) DEFINITION. — A s used in this title, the term "Northeast Corridor" means the States of Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, and Maryland, and the District of Columbia. OPERATIONS REVIEW PANEL

45 USC 852.

SEC. 702. (a) ESTABLISHMENT.—There is established an entity which shall be representative of the various users of Northeast Corridor rail transportation facilities, to be known as the Operations Review Panel (hereafter in this section referred to as the " P a n e l "). The Panel shall have the authority to take such actions as are necessary to resolve differences of opinion concerning operations (among or between the National Railroad Passenger Corporation, other railroads, and State, local, and regional agencies responsible for the provision of commuter rail, rapid rail, or rail freight services), with respect to all matters except those conferred on the Commission in section 402(a) of the Rail Passenger Service Act (45 U.S.C. 5 6 2 (a)). (b) ME3fBERSHip.—The Panel shall consist of 5 members, as follows: (1) one member who shall be selected by the chief executive officer of the National Railroad Passenger Corporation; (2) one member who shall be selected by majority vote of the commuter rail authorities which are subject to the jurisdiction of the P a n e l; (3) one member who shall be selected by the chief executive officer of the Corporation; and (4) two neutral members who shall be selected by the Chairman of the National Mediation Board. The members shall each serve a term of 4 years from the date of such selection, or until a successor has been selected. If, within 45 days after the date of enactment of this Act, the National Railroad Passenger Corporation, the commuter authorities, or the Corporation fails to select the member w h o it is authorized to select under this subsection, the Chairman of the National Mediation Board shall, within 30 days after the expiration of such 45-day period, appoint a member on behalf of such party. Any member so appointed shall serve until such time as the party so represented selects a successor. (c) DECISIONS AND REVIEW.—All decisions of the Panel shall be final and binding on the parties. All costs and expenses of the Panel shall be paid by (1) the National Railroad Passenger Corporation, (2) the

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commuter rail authorities which are subject to such Panel, and (3) the Corporation, each of which shall pay one-third of such costs and expenses, unless otherwise determined by a majority of the members of such Panel. The Panel may adopt such rules of procedure and may employ such resources as it considers appropriate. It may issue preliminary and final orders, which shall have the force and effect of law, with respect to any difference of opinion concerning any operational matter which is the subject of such an order. No order of the Panel shall be subject to review by any court. Upon petition by any party subject to the Panel, the United States District Court for the District of Columbia shall enforce any final order issued by the Panel. REQUIRED

GOALS

SEC. 703. The Northeast Corridor improvement project shall be 45 USC 853. implemented by the Secretary in order to achieve the following goals: (1) INTERCITY RAIL PASSENGER SERVICES.—(A)(i) Within 5 years after the date of enactment of this Act, the establishment of regularly scheduled and dependable intercity rail passenger service between Boston, Massachusetts, and New York, New York, operating on a 3-hour-and-40-minute schedule, including appropriate intermediate stops; and regularly scheduled and dependable intercity rail passenger service between New York, New York, and Washington, District of Columbia, operating on a 2-hour-and-40-minute schedule, including appropriate intermediate stops. (ii) Improvements in facilities in accordance with route criteria approved by the Congress, on routes to Harrisburg, Pennsylvania, and Albany, New York, from the Northeast Corridor main line, and from Springfield, Massachusetts, to Boston, Massachusetts, and New Haven, Connecticut, in order to facilitate compatibility with improved high-speed rail service operated on the Northeast Corridor main line. (B) The improvement of nonoperational portions of stations (as determined by the Secretary in consultation with the National Railroad Passenger Corporation) used in intercity rail passenger service and of related facilities and fencing. Fifty percent of the cost of such improvements shall be borne by States (or local or regional transportation authorities), except that the Secretary may, in his sole discretion, fund entirely any safety-related improvement. (C) The improvements required by this section shall be accomplished in a manner which is compatible with the accomplishment in the future of additional improvements in service levels, and which will produce the maximum labor benefit in terms of hiring persons who are presently unemployed. (D) The submission b;^ the Secretary and the National Railroad Passenger Corporation to the Congress of annual reports on progress achieved and work in progress and planned (including the need for further improvements) with respect to the completion of this program, including an up-to-date account;; ing of intercity passenger ridership, revenues from such ridership, expenses, and on-time dependability of intercity passenger trains in the Northeast Corridor. (E) Within 2 years after the date of enactment of this Act, the Report to submission by the Secretary to the Congress of a report on the Congress, financial and operating results of the intercity rail passenger service established under this section, on the rail freight service improved and maintained pursuant to this section, and on the

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 90 STAT. 122

PUBLIC LAW 9 4 - 2 1 0 — F E B. 5, 1976

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practicability, considering engineering and financial feasibility and market demand, of the establishment of regularly scheduled and dependable intercity rail passenger service between Boston, Massachusetts, and New York, New York, operating on a 3-hour schedule, including appropriate intermediate stops, and regularly scheduled and dependable intercity rail passenger service between New York, New York, and Washington, District of Columbia, operating on a 2i/^-hour schedule, including appropriate intermediate stops. Such report shall include a full and complete accounting of the need for improvements in intercity passenger transportation within the Northeast Corridor and a full accounting of he public costs and benefits of improving various modes of transp<irtation to meet those needs. I f such report shows (i) that further improvements a r e needed in intercity passenger transportation in the Northeast Corridor, and (ii) that improvements (in addition to those required by subparagraph (A)(i) of this paragraph) in the rail system in such area would return the most public benefits for the public costs involved, the Secretary shall make appropriate recommendations to the Congress. W i t h i n 6 years after the date of enactment of this Act, the Secretary shall submit an updated comprehensive report on the matters referred to in this subparagraph. Thereafter, if it is practicable, the Secretary shall facilitate the establishment of intercity rail passenger service in the Corridor which achieves the service goals specified in this subparagraph. (2) R A I L COMMUTER SERVICES, R A I L R A P I D T R A N S I T, AND LOCAL

TRANSPORTATION.—To the extent compatible with the goals contained in paragraph (1) of this section, the facilitation of improvements in and usage of rail commuter services, rail r a p i d transit, and local public transportation. (3) R A I L F R E I G H T SERVICE.—The m a i n t e n a n c e and improve-

ment of rail freight service to all users of rail freight service located on or adjacent to the Northeast Corridor and the maintenance and improvement of all through-freight services which remain in the Northeast Corridor, to the extent compatible with the goals contained in paragraph s (1) and (2) of this section. (4) PASSENGER RADIO T E L E P H O N E SERVICE.—To the extent com-

patible with the goals contained in paragraph (1) of this section, the continuation of and improvement in passenger radio telephone service aboard trains operated in high-speed rail service between Washington, District of Columbia, and Boston, Massachusetts. The President and relevant Federal agencies, including the Federal Communications Commission, shall take such actions as are necessary to achieve this goal, subject to the provisions of the Communications Act of 1934 (47 U.S.C. 151 et seq.), including necessary licensing, construction, operation, and maintenance standards for the radio service, as determined by the Federal Communications Commission to be in the public interest, convenience, and necessity. FUNDING 45 USC 854.

SEC. 704. (a) AUTHORIZATION o r APPROPRIATIONS.—There is a u t h o r -

ized to be appropriated to the Secretary— (1) $1,600,000,000 to remain available until expended in order to effectuate the goals of section 703(1)(A)(i) of this title and • -';T >••' after such goals have been achieved, the goals of section 703(1)(A) ( i i);

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(2) $150,000,000 to remain available until expended in order to effectuate the goal of section 703(1)(B); (3) for payment to the National Railroad Passenger Corporation— (A) $10,000,000 to remain available until expended for nonrecurring costs related to the initial assumption of control and responsibility for maintaining rail operations on the Northeast C o r r i d o r; ^ (B) $85,182,956 to acquire the properties of the Northeast C o r r i d o r; (C) $650,000 to remain available until expended, for the development and utilization of mobile radio frequencies for high-speed rail passenger radio telephone service; and (D) $20,000,000, to remain available until expended, for acquiring and improving properties designated in accordance with section 206(c)(1)(D) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(D)). (b) LIMITATION.—No funds appropriated under this section or pursuant to section 601 of the Rail Passenger Service Act may be used to 45 USC 601. subsidize any operating losses of commuter rail or rail freight services. (c) COORDINATION.—The Secretary shall take all steps necessary to coordinate all transportation programs related to the Northeast Corridor to assure that all such programs are integrated and consistent with implementation of the Northeast Corridor improvement project under this title, including, if the Secretary finds any significant noncompliance with the implementation of the goals of section 703 of this title, the denial of funding to any noncomplying program until such noncompliance is corrected. (d)

EMERGENCY M A I N T E N A N C E C O N T I N U A T I O N. — After the convey-

ance of rail properties, pursuant to section 303(b) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 7 4 3 (b)) and section 701(b) of this title, not to exceed $25,000,000 of the funds appropriated pursuant to Public Law 91-6 (89 Stat. 11) shall remain available to be utilized by the Secretary for the purpose of performing emergency maintenance on the rail properties designated in accordance with section 206 (c)(1)(C) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716 (c)(1)(C)). CONFORMING AMENDMENTS

SEC. 705. (a) Section 402(a) of the Rail Passenger Service Act (45 U.S.C. 5 6 2 (a)) is amended by adding at the end thereof the following three new sentences: "Notwithstanding any other provision of this Act, the Corporation may enter into agr-eements with any other railroads and with any State (or local or regional transportation agency) responsible for providing commuter rail or rail freight services over tracks, rights-of-way, and other facilities acquired by the Corporation pursuant to authority granted by the Regional Rail Reorganization Act of 1973 and the Railroad Revitalization and Regulatory Reform 45 USC 701 note, Act of 1976. I n the event of a failure to agree, the Commission shall Ante, p. 31. order that rail services continue to be provided, and it shall, consistent with equitable and fair compensation principles, decide, within 180 days after the date of submission of a dispute to the Commission, the proper amount of compensation for the provision of such services. The Commission, in making such a determination, shall consider all relevant factors, and shall not permit cross subsidization among intercity, commuter, and rail freight services.". (b) Section 6 0 1 (d)(1) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 791(d)(1)) is amended to read as follows:

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 90 STAT. 124 45 USC 716.

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PUBLIC LAW 94-210—FEB. 5, 1976 "(d) NORTHEAST CORRIDOR.— (1) Rail properties designated in accordance with section 206(c)(1)(C) of this Act shall be purchased or leased by the National Railroad Passenger Corporation. The Corporation shall negotiate an appropriate sale or lease agreement with the National Railroad Passenger Corporation for the properties designated for transfer pursuant to section 206(c)(1)(C) of this Act (45 U.S.C. 716(c)(1)(C)), which shall take effect on the date of conveyance of such properties to the Corporation.". (c) Section 403(b) of the Rail Passenger Service Act (45 U.S.C. 6 6 3 (D)) is amended (1) by inserting " (1) " immediately after "(b)", and (2) by striking out the second sentence thereof and inserting in lieu thereof the following: "The Corporation shall institute such service under an agreement if the State, regional, or local agency agrees to reimburse the Corporation for 50 percent of total operating losses and associated capital costs of such service if service can be provided with the resources available to the Corporation and if it is consistent with the following requirements: "(A) The State or agency must make an adequate assurance to the Corporation that it has sufficient resources to meet its share of the costs of such service for the period such service is to be provided under this section. "(B) The State or agency has conducted a market analysis acceptable to the Corporation to insure that there is adequate demand to warrant such service. An agreement made pursuant to this section may by mutual agreement be renewed for one or more additional terms of not more than 2 years. "(2) If more than one application is made for service and all applications are consistent with the requirements of this subsection, but all the services applied for cannot be provided with the available resources of the Corporation, the Board of Directors shall decide in its discretion which application or applications best serve the public interest and can be provided with the available resources of the Corporation, except that a proposal for State support of a service deleted from the basic system shall be given preference. "(3) The Board of Directors shall establish the basis for determining the total costs and the total revenue of the service provided pursuant to this subsection.". (d) Section 404(b)(4) of the Rail Passenger Service Act (45 U.S.C. 564(b)) is amended by striking out the first sentence thereof and inserting in lieu thereof the following: "For purposes of paragraph (3) of this subsection, the reasonable portion of such losses to be assumed by the State, regional, or local agency shall be equal to 50 percent of the total operating losses and associated capital costs of such service.". (e) Section 306 of the Rail Passenger Service Act (45 U.S.C. 546) is amended by adding at the end thereof the following new subsection: "(i) The provisions of section 361 of the Public Health Service Act (42 U.S.C. 264) shall not apply to railroad conveyances operated in intercity rail passenger service.". (f) Section 303(a)(5) of the Rail Passenger Service Act (45 U.S.C. 543(a)(5)) is amended by (1) striking out "for each meeting of the board he attends." and inserting in lieu thereof "per diem when engaged in the actual performance of duties.", and (2) inserting ", secretarial or professional staff support which is reasonably required" immediately after "necessary travel".

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text: The Commercial Future of Baghdad

title: The Commercial Future of Baghdad


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90 STAT. 125

(g) Section 305(d)(1)(B) of the Rail Passenger Service Act (45 U.S.C. 545(d)(1) (JB) is amended by striking out "for the construction of tracks or other facilities necessary to provide". (h) Section 402(d)(1) of the Eail Passenger Service Act (45 U.S.C. 562(d)(1)) is amended by striking out "the construction of tracks or other facilities necessary to provide". (i) Section 403(c) of the Rail Passenger Service Act (45 U.S.C. 563(c)) is amended by adding the following sentence at the end thereof: "After January 1, 1977, all route additions shall be in accordance with the Criteria and Procedures for Making Route and Service Decisions approved by the Congress pursuant to section 404(c)(3), and this subsection shall no longer apply to route additions.". FACILITIES W I T H HISTORICAL OR ARCHITECTURAL SIGNIFICANCE

SEC. 706. Section 4(i) of the Department of Transportation Act (49 U.S.C. 1653) is amended by— (1) redesignating paragraph (1)(C) thereof and all references thereto as paragraph (1)(D) thereof; (2) inserting immediately after paragraph (1)(B) thereof the following new subparagraph: "(C) acquiring and utilizing space in suitable buildings of historic or architectural significance, unless the use of such space would not prove feasible and prudent compared with available alternatives;"; (3) redesignating paragraph (4), (5), (6), (7), (8), (9), and (10) thereof as paragraphs (5), (6), (7), (8), (9), (10), and (11) thereof, respectively; (4) inserting after paragraph (3) thereof the following new paragraph: "(4) Acquisitions made for the purpose set forth in paragraph (1) (C) of this subsection shall be made only after consultation with the chairman of the National Endowment for the Arts and the Advisory Council on Historic Preservation."; and (5) amending paragraph (9) thereof, as redesignated by this section, to read as follows: "(9)(A) There is authorized to be appropriated for the purpose set Appropriation forth—

authorization.

"(i) in paragraphs (1)(A) and (1)(C) of this subsection, not to exceed $15,000,000; "(ii) in paragraph (1)(B) of this subsection, not to exceed $5,000,000; and "(iii) in paragraph (1)(D) of this subsection, not to exceed $5,000,000. "(B) There shall be available to the National Endowment for the Arts, from the sums available under subparagraphs (A) (ii) and (A) (iii) of this paragraph, not to exceed $2,500,000 for planning pursuant to paragraph (1)(D) of this subsection, and not to exceed $2,500,000 for interim maintenance pursuant to paragraph (1)(B) of this subsection. "(C) Sums appropriated for the purposes of this subsection are authorized to remain available until expended.". TITLE VIII—LOCAL R A l L SERVICE CONTINUATION EXTENSION OF SERVICE

SEC. 801. (a) Section 1(18) of the Interstate Commerce Act (49 U.S.C. 1 (18)) is amended to read as follows: " (18)(a) No carrier by railroad subject to this part shall—

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Publication in newspaper. Publication in Federal Register.

Rules and regulations.

PUBLIC LAW 94-210—FEB. 5, 1976 "(i) undertake the extension of any of its lines of railroad or the construction of any additional line of railroad; "(ii) acquire or operate any such extension or any such additional line; or "(iii) engage in transportation over, or by means of, any such extended or additional line of railroad, unless such extension or additional line of railroad is described in and covered by a certificate which is issued by the Commission and which declares that the present or future public convenience and necessity require or will be enhanced by the construction and operation of such extended or additional line of railroad. Upon receipt of an application lor such a certificate, the Commission shall (A) send a copy of the application to the chief executive officer of each State that would be directly affected by the construction or operation of such extended or additional line, (B) send an accurate and understandable summary of such application to a newspaper of general circulation in such affected area or areas with a request that such information be made available to the general public, (C) cause a copy of such summary to be published in the Federal Register, (D) take such other steps as it deems reasonable and effective to publicize such application, and (E) indicate in such transmissions and publications that each interested person is entitled to recommend to the Commission that it approve, disapprove, or take any other specified action with respect to such application. "(b) The Commission shall establish, and may from time to time amend, rules and regulations (as to hearings and other matters) to govern applications for, and the issuance of, any certificate required by subdivision (a). An application for such a certificate shall be submitted to the Commission in such form and manner and with such documentation as the Commission shall prescribe. The Commission may— "(i) issue such a certificate in the form requested by the applicant; "(ii) issue such a certificate with modifications in such form and subject to such terms and conditions as are necessary in the public interest; or " (iii) refuse to issue such a certificate. "(c) Upon petition or upon its own initiative, the Commission may authorize any carrier by railroad subject to this part to extend any of its lines of railroad or to take any other action necessary for the provision of adequate, efficient, and safe facilities for the performance of such carrier's obligations under this part. No authorization shall be made unless the Commission finds that the expense thereof will not impair the ability of such carrier to perform its obligations to the public. "(d) Carriers by railroad subject to this part may, notwithstanding this paragraph and section 5 of this part, and without the approval of the Commission, enter into contracts, agreements, or other arrangements for the point ownership or joint use of spur, industrial, team, switching, or side tracks. The authority granted to the Commission under this paragraph shall not extend to the construction, acquisition, or operation of spur, industrial, team, switching, or side tracks if such tracks are located or intended to be located entirely within one State, and shall not apply to any street, suburban, or interurban electric railway which is not operated as part of a general system of rail transportation. "(e) Any construction or operation which is contrary to any provision of this paragraph, of any regulations promulgated under this

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paragraph, or of any terms and conditions of an applicable certificate, may be enjoined by an appropriate district court of the United States in a civil action commenced and maintained by the United States, the Commission, or the attorney general or the transportation regulatory body of an affected State or area. Such a court may impose a civil Penalty, penalty of not to exceed $5,000 on each person who knowingly authorizes, consents to, or permits any violation of this paragraph or of the conditions of a certificate issued under this paragraph.". (b) Paragraphs (19), (20), (21), and (22) of section 1 of the Inter- Repeal, state Commerce Act (49 U.S.C. 1(19) through 1(22)) are repealed. DISCONTINUANCE OR ABANDONMENT

SEC. 802, The Interstate Commerce Act is amended by inserting after section 1 thereof the following new section: a DISCONTINUANCE AND ABANDONMENT OF RAIL SERVICE

"SEC. la. (1) No carrier by railroad subject to this part shall abandon all or any portion of any of its lines of railroad (hereafter in this section referred to as 'abandonment') and no such carrier shall discontinue the operation of all rail service over all or any portion of any such line (hereafter referred to as 'discontinuance'), unless such abandonment or discontinuance is described in and covered by a certificate which is issued by the Commission and which declares that the present or future public convenience and necessity require or permit such abandonment or discontinuance. An application for such a certificate shall be submitted to the Commission, together with a notice of intent to abandon or discontinue, not less than 60 days prior to the proposed effective date of such abandonment or discontinuance, and shall be in accordance wnth such rules and regulations as to form, manner, content, and documentation as the Commission may from time to time prescribe. Abandonments and discontinuances shall be governed by the provisions of this section or by the provisions of any other applicable Federal statute, notwithstanding any inconsistent or contrary provision in any State law or constitution, or any decision, order, or procedure of any State administrative or judicial body. "(2)(a) Whenever a carrier submits to the Commission a notice of intent to abandon or discontinue, pursuant to paragraph (1), such carrier shall attach thereto an affidavit certifying that a copy of such notice (i) has been sent by certified mail to the chief executive officer of each State that would be directly affected by such abandonment or discontinuance, (ii) has been posted in each terminal and station on any line of railroad proposed to be so abandoned or discontinued, (iii) has been published for 3 consecutive weeks in a newspaper of general circulation in each county in which all or any part of such line of railroad is located, and (iv) has been mailed, to the extent practicable, to all shippers who have made significant use (as determined by the Commission in its discretion) of such line of railroad during the 12 months preceding such submission. "(b) The notice required under subdivision (a) shall include (i) an accurate and understandable summary of the carrier's application for a certificate of abandonment or discontinuance, together with the reasons therefor, and (ii) a statement indicating that each interested person is entitled to recommend to the Commission that it approve, disapprove, or take any other specified action with respect to such application.

89-194 O—78—pt. 1

12

49 USC la.

Notice,

Publication in newspapers,

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Translation:Shulchan Aruch/Orach Chaim/452

The Timing of Scouring Dishes

זמן הגעלת הכלים

Paragraph 1 - One should be careful to scour before the fifth hour [of the day before Passover] so that one won't have to make certain whether the dishes have been used in the last day or not (or if the there is sixty times the amount of water relative to the dish that is being scoured or not). Similarly, [one won't need to be certain] whether he is scouring dishes that absorbed a little with dishes that absorbed a lot, or whether he has left the dishes in for too long or hasn't left them in for enough time. Similarly, [one should scour before the fifth hour] so that one will not need to be careful that the water not cool from its boiling. Rem"a: But many disagree and say that scouring does nothing if the water isn't boiling (this seems to be the meaning of the Ros"h and the Sma"g and the Trumat Hadeshen chapter 131 and the Agur and the Tur in chapter 105). Therefore, one should be careful even before the time of the prohibition that the water not to descend in temperature from boiling the whole time of scouring (himself). [One also need not be certain] that he did not insert the dishes until the water boiled. Similarly, [one should scour before the fifth hour] so that one will not need to scour the big pot in which scouring is done at the beginning and at the end. Rem"a: ''If one did not scour before the time of the prohibition, he can scour until Passover, because at that point hametz [is forbidden] in any quantity, so scouring does not work, because the dish will just absorb [the hametz] again [during the scouring process]. However, it is permitted to do libun during Passover (himself and the responsa of the Rashb"a). When one scours before Passover but after the sixth hour, he must be careful about all of the listed things that he does not need to be careful about before the sixth [hour].''

סעיף א - יש לזהר להגעיל קדם שעה חמישית, כדי שלא יצטרך לדקדק אם הכלים בני יומן או לאו (או אם יש ששים במים נגד כלי שמגעיל או לאו) (טור), וכן אם מגעיל כלים שבליעתן מועטת עם כלים שבליעתן מרבה, וכן אם משהה הכלים בתוך היורה יותר מדי ואינו משהה אותם כל כך, וכן כדי שלא יצטרך לזהר שלא ינוחו המים מרתיחתן. הגה: אך רבים חולקים וסבירא להו דאין הגעלה מועלת כלום אם אין המים רותחים (וכן משמע מהרא"ש וסמ"ג ותרומת הדשן סימן קל"א ואגור וטור בסימן ק"ה), על כן יש לזהר אפלו קדם זמן אסורו שלא ינוחו מרתיחתן כל זמן שמגעיל (דברי עצמו). ושלא יכניס הכלים עד שירתיחו המים, וכן כדי שלא יצטרך להגעיל היורה הגדולה שמגעילים בה תחלה וסוף. הגה: ''ואם לא הגעיל קדם זמן אסורו, יכול להגעיל עד הפסח, שאז חמץ במשהו ואינו מועיל הגעלה, שחוזר ובולע. אבל מתר ללבן כלי תוך הפסח (דברי עצמו ותשובת רשב"א). וכשמגעיל קדם פסח לאחר שש, צריך לזהר בכל הדברים הנזכרים שאין צריך לזהר בהן קדם שש.''

Paragraph 2 - One should be careful to not scour a meat and dairy item together, unless one has not been used in the past day. (This applies moreover to an object used for forbidden food. Therefore, the practice is to not scour any item that has been used in the past day.)

סעיף ב - יש לזהר מלהגעיל כלי הבשר וכלי חלב ביחד, אלא אם כן אחד מהם אינו בן יומו. (כל שכן כלי של אסור. על כן נהגו שלא להגעיל שום כלי בן יומו.)

Paragraph 3 - One should not put many objects in one container and scour them together (if they touch each other).

סעיף ג - לא יניח כלים הרבה לתוך כלי ויגעילם יחד (אם נוגעים זה בזה).

Paragraph 4 - If one scours using tongs, he should move the object around, because otherwise at the place [where the] tongs [grasp the object], the water will not surround it.

סעיף ד - אם מגעיל בצבת, יגלגל הכלי, דאם לא כן במקום הצבת לא סליק דיקולא דמיא.

Paragraph 5 - We do not scour in the hot waters of Tiberias, even objects that are legally second containers, because [the hot waters of Tiberias] are not hot as a result of fire. An object should emit its prohibited substance the same way it absorbed it; the absorption was by something that was hot as a result of fire, so the emission should be by something hot as a result of fire. Rem"a: However, if it was only used in the hot waters of Tiberias, we scour it in them (Beit Yosef in the name of Orchot Hayim). We do not scour in any liquid besides water, but after the fact, scouring works in any liquid (Beit Yosef in the name of Orchot Hayim). If one scours many objects in one container up to the point that the objects have emitted so much that the water is like juice, one should not scour more in that water (the Ra"n in Chapter Kol Basar).

סעיף ה - אין מגעילין בחמי טבריה אפלו כלים שדינם ככלי שני, מפני שאינה תולדות האור, וכבולעו כך פולטו, מה בולעו על ידי תולדות האור, אף פולטו על ידי תולדות האור. הגה: ''מיהו אם נשתמש בו רק במי טבריה, מגעילו בהן (בית יוסף בשם ארחות חיים). ואין מגיעין בשום משקה, רק במים, מיהו בדיעבד מהני הגעלה בכל משקה (בית יוסף בשם ארחות חיים). אם מגעיל הרבה כלים ביורה עד שמרב פליטת הכלים נעשו המים כציר, אין להגעיל עוד באותן המים (ר"ן פרק כל הבשר).''

Paragraph 6 If there is a big object that can't be put into another object because of its size, make a plaster rim so that it can fill fully and the water will reach its rim. Fill it with water and boil it. Alternatively, one can take a boiling rock or a torch and throw it in when it is still boiling, because this will make the water boil more and go over the rim.

סעיף ו - כלי גדול שינו יכול להכניסו תוך כלי אחר מחמת גדלו, עושה שפת לפיו בטיט כדי שיתמלא היטב ויגיעו המים בשפתו, וממלאו מים ומרתיחו. או יקח אבן רותחת או לפיד אש, וישליכנו לתוכו בעודו רותח, ומתוך כך ירתיחו המים יותר ויעלו על שפתו.

Paragraph 7 - It is customary to wash the object in cold water immediately after scouring.

סעיף ז - נוהגין לשטף הכלי במים קרים אחר הגעלה מיד.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/178

 90 STAT. 128

Hearings.

49 USC 5.

Transportation system diagram.

PUBLIC LAW 94-210—FEB. 5, 1976 "(3) During the 60-day period between the submission of a completed application for a certificate of abandonment or discontinuance pursuant to paragraph (1) and the proposed effective date of an abandonment or discontinuance, the Commission shall, upon petition, or may, upon its own initiative, cause an investigation to be conducted to assist it in determining what disposition to make of such application. An order to the Commission to implement the preceding sentence must be issued and served upon any affected carrier not less than 5 days prior to the end of such 60-day period. If no such investigation is ordered, the Commission shall issue such a certificate, in accordance with this section, at the end of such 60-day period. If such an investigation is ordered, the Commission shall order a postponement, in whole or in part, in the proposed effective date of the abandonment or discontinuance. Such postponement shall be for such reasonable period of time as is necessary to complete such investigation. Such an investigation may include, but need not be limited to, public hearings at any location reasonably adjacent to the line of railroad involved in the abandonment or discontinuance application, pursuant to rules and regulations of the Commission. Such a hearing may be held upon the request of any interested party or uj^on the Commission's own initiative. The burden of proof as to public convenience and necessity shall be upon the applicant for a certificate of abandonment or discontinuance. "(4) The Commission shall, upon an order with respect to each application for a certificate of abandonment or discontinuance— "(a) issue such certificate in the form requested by the applicant if it finds that such abandonment or discontinuance is consistent with the public convenience and necessity. In determining whether the proposed abandonment is consistent with the public convenience and necessity, the Commission shall consider whether there will be a serious adverse impact on rural and community development by such abandonment or discontinuance; " (b) issue such certificate with modifications in such form and subject to such terms and conditions as are required, in the judgment of the Commission, by the public convenience and necessity; or "(c) refuse to issue such certificate. Each such certificate which is issued by the Commission shall contain provisions for the protection of the interests of employees. Such provisions shall be at least as beneficial to such interests as provisions established pursuant to section 5(2)(f) of this Act and pursuant to section 405 of the Eail Passenger Service Act (45 U.S.C. 565). If such a certificate is issued, actual abandonment or discontinuance may take effect, in accordance with such certificate, 120 days after the date of issuance thereof. "(5)(a) Each carrier by railroad subject to this part shall, within 180 days after the date of promulgation of regulations by the Commission pursuant to this section, prepare, submit to the Commission, and publish, a full and complete diagram of the transportation system operated, directly or indirectly, by such carrier. Each such diagram which shall include a detailed description of each line of railroad which is 'potentially subject to abandonment", as such term is defined by the Commission. Such term shall be defined by the Commission by rules and such rules may include standards which vary by region of the Nation and by railroad or group of railroads. Each such diagram shall also identify any line of railroad as to which such carrier plans to submit an application for a certificate of abandonment or discontinuance in accordance with this section. Each such carrier shall sub-

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Page:United States Statutes at Large Volume 90 Part 1.djvu/179

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90 STAT. 129

mit to the Commission and publish, in accordance with regulations of the Commission, such amendments to such diagram as are necessary to maintain the accuracy of such diagram. " (b) The Commission shall not issue a certificate of abandonment or discontinuance with respect to a line of railroad if such abandonment or discontinuance is opposed by— "(i) a shipper or any other person who has made significant use (as determined by the Commission in its discretion) of such line of railroad during the 12-month period preceding the submission of an applicable application under paragraph (1); or "(ii) a State, or any political subdivision of a State, if such line of railroad is located, in whole or in part, within such State or political subdivision; unless such line or railroad has been identified and described in a diagram or in an amended diagram which was submitted to the Commission under subdivision (a) at least 4 months prior to the date of submission of an application for such certificate. "(6)(a) Whenever the Commission makes a finding, in accordance Publication in with this section, that the public convenience and necessity permit the Federal Register. abandonment or discontinuance of a line or railroad, it shall cause such finding to be published in the Federal Register. If, within 30 days of such publication, the Commission further finds that— "(i) a financially responsible person (including a government entity) has offered financial assistance (in the form of a rail service continuation payment) to enable the rail service involved to be continued; and " (ii) it is likely that such proffered assistance would— "(A) cover the difference between the revenues which are attributable to such line of railroad and the avoidable cost of providing rail freight service on such line, together with a reasonable return on the value of such line; or "(B) cover the acquisition cost of all or any portion of such line of railroad; the Commission shall postpone the issuance of a certifica4:e of abandonment or discontinuance for such reasonable time, not to exceed 6 months, as is necessary to enable such person or entity to enter into a binding agreement, with the carrier seeking such abandonment or discontinuance, to provide such assistance or to purchase such line and to provide for the continued operation of rail services over such line. Upon notification to the Commission of the execution of such an assistance or acquisition and operating agreement, the Commission shall postpone the issuance of such a certificate for such period of time as such an agreement (including any extensions or modifications) is in effect. "(b) A carrier by railroad subject to this part shall promptly make available, to any party considering offering financial assistance in accordance with subdivision (a), its most recent reports on the physical condition of any line of railroad with respect to which it seeks a certificate of abandonment or discontinuance, together with such traffic, revenue, and other data as is necessary to determine the amount of assistance that would be required to continue rail service. "(7) Whenever the Commission finds, under paragraph (6)(a) of this section, that an offer of financial assistance has been made, the Commission shall determine the extent to which the avoidable cost of providing rail service plus a reasonable return on the value of the rail properties involved exceed the revenues attributable to the line of railroad or the rail service involved.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/180

 90 STAT. 130

Penalty.

"Avoidable cost."

"Reasonable return."

PUBLIC LAW 94-210—FEB. 5, 1976 "(8) Petitions for abandonment or discontinuance which were filed and pending before the Commission as of the date of enactment of this section or prior to the promulgation by the Commission of regulations required under this section shall be governed by the provisions of section 1 of this Act which were in effect on such date of enactment, except that paragraphs (6) and (7) of this section shall be applicable to such petitions. "(9) Any abandonment or discontinuance which is contrary to any provision of this section, of any regulation promulgated under this section, or of any terms and conditions of an applicable certificate, may be enjoined by an appropriate district court of the United States in a civil action commenced and maintained by the United States, the Commission, or the attorney general or the transportation regulatory body of an affected State or area. Such a court may impose a civil penalty of not to exceed $5,000 on each person who knowingly authorizes, consents to, or permits any violation of this section or of any regulation under this section. " (10) As used in this section: " (a) The term 'avoidable cost' means all expenses which would be incurred by a carrier in providing a service which would not be incurred, in the case of discontinuance, if such service were discontinued or, in the case of abandonment, if the line over which such service was provided were abandoned. Such expenses shall include but are not limited to all cash inflows which are foregone and all cash outflows which are incurred by such carrier as a result of not discontinuing or not abandoning such service. Such foregone cash inflows and incurred outflows shall include (i) working capital and required capital expenditures, (ii) expenditures to eliminate deferred maintenance, (iii) the current cost of freight cars, locomotives and other equipment, and (iv) the foregone tax benefits from not retiring properties from rail service and other effects of applicable Federal and State income taxes. "(b) The term 'reasonable return' shall, in the case of a railroad not in reorganization, be the cost of capital to such railroad (as determined by the Commission), and, in the case of a railroad in reorganization, shall be the mean cost of capital of railroads not in reorganization, as determined by the Commission.". LOCAL RAIL SERVICE ASSISTANCE

Federal share.

SEC. 803. Section 5 of the Department of Transportation Act, as added by section 401 of this Act (49 U.S.C. 1654), is amended by adding at the end thereof the following 10 new subsections: "(f) The Secretary shall, in accordance with this section, provide financial assistance to States for rail freight assistance programs that are designed to cover— " (1) the cost of rail service continuation payments; "(2) the cost of purchasing a line of railroad or other rail properties to maintain existing or provide for future rail service; "(3) the cost of rehabilitating and improving rail properties on a line of railroad to the extent necessary to permit adequate and eificient rail freight service on such line; and " (4) the cost of reducing the costs of lost rail service in a manner less expensive than continuing rail service. "(g) The Federal share of the costs of any rail service assistance program shall be as follows: (1) 100 percent for the period from July 1, 1976 to June 30, 1977; (2) 90 percent for the period from July 1, 1977 to June 30, 1978; (3) 80 percent for the period from

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90 STAT. 131

July 1, 1978 to June 30, 1979; and (4) 70 percent for the period from July 1, 1979 to June 30, 1981. For the period from July 1, 1979 to June 30, 1981, the Secretary may make such adjustments in the percentage level of the Federal share as may be necessary and appropriate so as not to exceed the maximum amount of funds authorized under subsection (o) of this section. The Secretary shall, within 1 year after Standards and the date of enactment of this subsection, promulgate standards and procedures, procedures under which the State share of such cost may be provided through in-kind benefits such as forgiveness of taxes, trackage rights, and facilities which would not otherwise be provided. " (h) E a c h State which is, pursuant to subsection (j) of this section, eligible to receive rail service assistance is entitled to an amount equal to the total amount authorized and appropriated for such purpose, multiplied by a fraction whose numerator is the rail mileage in -: such State which is eligible for rail service assistance under this section and whose denominator is the rail mileage in all of the States which are eligible for rail service assistance under this section. Notwithstanding the provisions of the preceding sentence, the entitlement of each State shall not be less than 1 percent of the funds appropriated. For purposes of this subsection, rail mileage shall be measured by the Secretary, in consultation with the Interstate Commerce Commission. Any portion of the entitlement of any State which is withheld, in accordance with this section, and any such sums which are not used or committed by a State shall be reallocated immediately, to the extent practicable, among the other States, in accordance with the formula set forth in the first sentence of this subsection. " (i) Rail service assistance to which a State is entitled under this section may be allocated by such State to meet the cost of establishing and implementing the State rail plan required by subsection (j) of this section or by section 402(c)(1) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 762(c)(1)). Such grants shall be made available by the Secretary during the course of the State rail planning process, and shall be distributed by the Secretary as needed by the States. The amount of State rail planning grants to which each State (including each State referred to in subsection (n)(1) of this section) is entitled shall be proportionate to the amount of rail service assistance to which such State is entitled under this Act. " (j) A State is eligible to receive rail service assistance from the Eligibility. Secretary if— " (1) such State has established an adequate plan for rail services in such State as part of an overall planning process for all transportation services in such State, including a suitable process for updating, revising, and amending such p l a n; " (2) such State plan is administered or coordinated by a designated State agency and provides for the equitable distribution of resources; " (3) such State agency (A) has authority and administrative jurisdiction to develop, promote, supervise, and support safe, adequate, and efficient rail transportation services, (B) employs or will employ, directly or indirectly, sufficient trained and qualified personnel, (C) maintains or will maintain adequate programs of investigation, research, promotion, and development, with provisions for public participation, and (D) is designated and directed solely, or in cooperation with other State agencies to take all practicable steps to improve transportation safety and to reduce transportation-related energy utilization and pollution; " (4) such State provides satisfactory assurance that it has or will adopt and maintain adequate procedures for financial control,

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Page:United States Statutes at Large Volume 90 Part 1.djvu/182

 90 STAT. 132

'' ' "

45 USC 761.

Recordkeeping.

Audit.

Rules and regulations.

"State.

49 USC 1.

PUBLIC LAW 94-210—FEB. 5, 1976 accounting, and performance evaluation in order to assure proper use of Federal funds; and "(5) such State complies with regulations of the Secretary issued under this section and the Secretary determines that such State meets or exceeds the requirements of paragraphs (1) through (4) of this subsection. "(k) A project is eligible in any year for financial assistance from the applicable rail service assistance program only if— " (1)(A) the Commission has found that the public convenience and necessity permit the abandonment of, or the discontinuance of rail service on, the line of raih-oad which is related to such project, or (B) the line of railroad or related project was eligible for assistance under title IV of the Regional Rail Reorganization Act of 1973; and "(2) such line, or related projects, has not previously been the subject of Federal rail service assistance under this section for more than 5 fiscal years. " (1) The Secretary shall pay to each eligible State an amount equal to its entitlement under subsection (h) of this section, to be expended or committed to one or more projects which are eligible, pursuant to subsection (k) of this section. " (m)(1) Each recipient of financial assistance under subsections (e) through (o) of this section, whether in the form of grants, subgrants, contracts, subcontracts, or other arrangements, shall keep such records as the Secretary shall prescribe including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance was given or used, the amount of that portion of the cost of the project which was supplied by other sources, and such other records as will facilitate an effective audit. Such records shall be maintained for 3 years after the completion of such a project or undertaking. "(2) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for the purpose of audit and examination, to any books, documents, papers, and records of receipts which, in the oninion of the Secretary or of the Comptroller General may be related or pertinent to the grants, contracts, or other arrangements referred to in paragraph (1) of this subsection. "(3) The Secretary and the Comptroller General shall regularly conduct, or cause to be conducted— "(A) a financial audit, in accordance with generally accepted "(B) a performance audit of the activities and transactions assisted under this section, in accordance with generally accepted management principles. Such audits may be conducted by independent certified or licensed public accountants and management consultants approved by the Secretary and the Comptroller General, and they shall be conducted in accordance with such rules and regulations as may be prescribed by the Comptroller General. " (n) As used in this section, the term 'State' moans— "(1) during the period from the date of enactment of this subsection through the second anniversary of the date on which rail properties are conveyed pursuant to section 303(b)(1) of the Regional Rail Reorganization Act of 1973 (4,5 U.S.C. 743(b) (1)), any State in which a carrier by railroad subject to part I of the Interstate Commerce Act maintains any line of railroad,
 * auditing standards; and

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Page:Hockey, Canada's Royal Winter Game.djvu/2

 INDEX.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/183

 PUBLIC LAW 9 4 - 2 1 0 — F E B. 5, 1976 except that the term shall not include the States of Maine, New H a m p s h i r e, Vermont, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virp n i a. West Virginia, Ohio, Indiana, Michigan, and Illinois, and the District of Columbia; and " (2) during the period following the second anniversary of the date on which rail properties are conveyed pursuant to such section 303(b)(1), any State in which a carrier by railroad subject to part I of the Interstate Commerce Act maintains any line of railroad, " (o) There are authorized to be appropriated to the Secretary for the purposes of subsections (f) through (o) of this section not to exceed $360,000,000, without fiscal year limitation. Of the foregoing sums, not to exceed $5,000,000 shall be made available for planning grants during each of the 3 fiscal years ending June 30, 1976; September 30, 1977; and September 30, 1978. I n addition, any appropriated sums remaining after the repeal of section 402 of the Regional Rail Reorganization Act of 1973 are authorized to remain available to the Secretary for purposes of subsections (f) through (o) of this section. Such sums as are appropriated are authorised to remain available until expended.". TERMINATION AND CONTINUATION OF RAIL SERVICES

SEC. 804. Section 304 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 744) is amended to read as follows: "TERMINATION AND CONTINUATION OF RAIL SERVICES

" SEC. 304. (a) DISCONTINUANCE.— (1) Except as provided in subsections (c) and (f) of this section, rail service on rail properties of a railroad in reorganization in the region, or of a person leased, operated, or controlled by such a railroad, which transfers to the Corporation or to profitable railroads operating in the region all or substantially all of its rail properties designated for such conveyance in the final system plan, and rail service on rail properties of a profitable railroad operating in the region which transfers substantially all of its rail properties to the Corporation or to other railroads pursuant to the final system plan, may be discontinued, to the extent such discontinuance is not precluded by the terms of the leases and agreements referred to in section 303(b)(2) of this title, if— " (A) the final system plan does not designate rail service to be operated over such rail properties; " (B) not sooner than 30 days following the effective date of the final system plan, the trustee or trustees of the applicable railroad in reorganization or a profitable railroad give notice in writing of intent to discontinue such service on a date certain which is not less than 60 days after the date of such notice or on the date of any conveyance ordered by the special court pursuant to section 303(b)(1) of this title, whichever is later; and " (C) the notice required by subparagraph (B) of this paragraph is sent by certified mail to the Commission; to the chief executive officer, the transportation agencies, and the government of each political subdivision of each State in which such rail properties are located; and to each shipper who has used such rai 1 service during the previous 12 months. " (2)(A) I f rail properties are not, in accordance with the designations in the final system plan, required to be operated, as a consequence of a recommended arrangement for joint use or operation of

90 STAT. 133

<

45 USC 743. Appropriation authorization,

45 USC 762.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/184

 9 0 STAT. 1 3 4 45 USC 716. 45 USC 743.

45 USC 715.

Rules and regulations.

Notice.

PUBLIC LAW 9 4 - 2 1 0 — F E B. 5, 1976 rail properties (under section 206(g) of this Act) or as part of a coordination project (under sections 206(c) and (g) of this Act), rail service on such properties may be discontinued, subsequent to the date of conveyance of rail properties pursuant to such section 303(b)(1), if the Commission determines that such rail service on such rail properties is not compensatory and if— " (i) the petitioner and any other railroad involved in such arrangement or coordination project have, prior to filing an application for such discontinuance, entered into a binding agreement (effective on or before the effective date of such discontinuance) to carry out such arrangement or project; " ( i i) such application is filed with the Commission not later than 1 year after the effective date of the final system p l a n; and " ( i i i) such discontinuance is not precluded by the terms of the leases and agreements referred to in such section 303(b)(2). " (B) For purposes of this paragraph, rail sendee on rail properties is compensatory if the revenue attributable to such properties from such service equals or exceeds the sum of the avoidable costs of providing such service on such properties plus a reasonable return on the value of such rail properties, as determined in accordance with the standards developed pursuant to section 205(d)(6) of this Act. " (C) The Commission shall make its final determination, with respect to any discontinuance requested under this paragraph, not later than 120 days after the date of filing of an application therefor. The applicant shall have the burden of proving that the service involved is not compensatory. I f the Commission fails to make a final determination within such time, the application shall be deemed to be granted. " (D) The Commission may issue such rules, regulations, and procedures as it deems necessary for the conduct of its functions under this paragraph. " (b) ABANDONMENT.— (1) Except as provided in subsections (c) and (f) of this section, rail properties over which rail service has been discontinued under subsection (a) of this section may not be abandoned sooner than 120 days after the effective date of the discontinuance. Thereafter, except as provided in subsection (c) of this section, such rail properties may be abandoned upon 30 days' notice i n writing to any person (including a government entity) required to receive notice under subsection (a)(1)(C) of this section. " (2) I n any case in which rail properties proposed to be abandoned under this section are designated by the final system plan as rail properties which are suitable for use for other public purposes (including roads or highways, other forms of mass transportation, conservation, and recreation), such rail properties shall not be sold, leased, exchanged, or otherwise disposed of during the 240-day period beginning on the date of notice of proposed abandonment under this section unless such rail properties have first been offered, upon reasonable terms, for acquisition for public purposes. " (3) Rail service may be discontinued, under subsection (a) of this section, and rail properties may be abandoned, under this section, notwithstanding any provision of the Interstate Commerce Act, the constitution or law of any State, or the decision of any court or administrative agency of the United States or of any State. " (c) CONTINUATION OF RAIL, SERVICES.—No r a i l service may be dis-

continued and no rail properties may be abandoned, pursuant to this section— " (1) in the case of service and properties referred to in subsections (a)(1) and (b)(1) of this section, after 2 years from the

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