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45 U.S.C. § 1003 — Service continuation
Federal law — U.S. Code and appendices · legal_authorities
**(a) Situations requiring directed service; time period** Notwithstanding the provisions of Public Law 96–131, the Commission shall order directed service for a period of not to exceed 90 days over any line of the Rock Island Railroad if the Secretary finds and certifies to the Commission that—
(1) a lack of rail service exists which cannot be resolved by a grant of interim operating authority over such line and grains or foods are ready to be shipped to market; or
(2) a lack of rail service exists which cannot be resolved by a grant of interim operating authority over such line and a rail carrier, shipper, State, or other interested party has expressed in writing to the Secretary an interest in purchasing, leasing, or rehabilitating the particular rail line or facility for purposes of providing rail services, and there is a reasonable expectation that such transaction will be consummated.
**(b) Availability of funds**
(1) Not more than $15,000,000 of the funds available for expenditure by the Secretary out of the Railroad Rehabilitation and Improvement Fund established under chapter 224 of title 49 may be made available by the Secretary to the Commission for purposes of providing directed service under this section.
(2) Funds may be made available for directed service under this section without regard to the findings of the Secretary required under chapter 224 of title 49, including section 22404 of such title, shall not apply to any directed service provided with such funds.
**(c) Continuation of compensation terms for trackage rights, joint facilities, etc.** The terms of compensation for all trackage rights, joint facilities, and similar arrangements between other rail carriers and the trustee of the Rock Island Railroad which are in effect on or after March
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Stable record: federal_law:legal_authorities:record_usc_956ae59e55716bc3a14226d3
Source file: Laws/federal/codes/united-states-code/title-45/section-1003-service-continuation--1e1a5cc7b6.md
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Source location: Title 45, Chapter 19, § 1003; chapter-019-rock-island-railroad-employee-assistance.md
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**(a) Situations requiring directed service; time period** Notwithstanding the provisions of Public Law 96–131, the Commission shall order directed service for a period of not to exceed 90 days over any line of the Rock Island Railroad if the Secretary finds and certifies to the Commission that—
(1) a lack of rail service exists which cannot be resolved by a grant of interim operating authority over such line and grains or foods are ready to be shipped to market; or
(2) a lack of rail service exists which cannot be resolved by a grant of interim operating authority over such line and a rail carrier, shipper, State, or other interested party has expressed in writing to the Secretary an interest in purchasing, leasing, or rehabilitating the particular rail line or facility for purposes of providing rail services, and there is a reasonable expectation that such transaction will be consummated.
**(b) Availability of funds**
(1) Not more than $15,000,000 of the funds available for expenditure by the Secretary out of the Railroad Rehabilitation and Improvement Fund established under chapter 224 of title 49 may be made available by the Secretary to the Commission for purposes of providing directed service under this section.
(2) Funds may be made available for directed service under this section without regard to the findings of the Secretary required under chapter 224 of title 49, including section 22404 of such title, shall not apply to any directed service provided with such funds.
**(c) Continuation of compensation terms for trackage rights, joint facilities, etc.** The terms of compensation for all trackage rights, joint facilities, and similar arrangements between other rail carriers and the trustee of the Rock Island Railroad which are in effect on or after March 15, 1980, on portions of the lines of the Rock Island Railroad involved in temporary emergency operations shall be continued in effect during the duration of the temporary emergency operating authority with the carrier providing temporary emergency service substituting for the trustee, except where the Rock Island Railroad has been given more favorable treatment by virtue of its bankruptcy. Such continuation shall not alter or affect the ultimate rights of other rail carriers under trackage rights, joint facilities, or similar arrangements nor prejudice the ultimate determination of any controversy or proceeding concerning rights of the parties with regard to assignment by the trustee of rights in or to the facilities or under the arrangements.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 94–210, title V, § 504, formerly § 516, Feb. 5, 1976, 90 Stat. 82; renumbered § 504, Pub. L. 105–178, title VII, § 7203(a)(5), June 9, 1998, 112 Stat. 477, related to employee protection. See [section 22404 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section22404&num=0&edition=prelim), Transportation.
A prior section 504 of Pub. L. 94–210 was classified to [section 824 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section824&num=0&edition=prelim) prior to repeal by Pub. L. 105–178.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 94–210, title VII, § 701, Feb. 5, 1976, 90 Stat. 119; Pub. L. 96–254, title II, § 205, May 30, 1980, 94 Stat. 412, specified powers and duties of National Railroad Passenger Corporation with respect to implementing the Northeast Corridor improvement project. See sections 24102, 24305, 24315, 24902, and 24903 of Title 49, Transportation.
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of executing the duties and functions of the Coast Guard the Secretary may within the limits of appropriations made therefor:
**(a)** establish, change the limits of, consolidate, discontinue, and re-establish Coast Guard districts;
**(b)** arrange with the Secretaries of the Army, Navy and Air Force to assign members of the Coast Guard to any school maintained by the Army, Navy, and Air Force, for instruction and training, including aviation schools;
**(c)** construct, or cause to be constructed, Coast Guard shore establishments;
**(d)** design or cause to be designed, cause to be constructed, accept as gift, or otherwise acquire vessels, aircraft, and systems, and subject to applicable regulations under subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 dispose of them;
**(e)** acquire land or interests in land, including acceptance of gifts thereof, where required for the purpose of carrying out any project or purpose for which an appropriation has been made;
**(f)** exchange land or interests in land in part or in full payment for such other land or interests in land as may be necessary or desirable, the balance of such part payment to be defrayable in accordance with other provisions of this section;
**(g)** exercise any of the powers vested by this title in the Commandant in any case in which the Secretary deems it appropriate; and
**(h)** do any and all things necessary to carry out the purposes of this title.
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in the ICC Termination Act of 1995, or the amendments made thereby, the Board shall perform all functions that, immediately before January 1, 1996, were functions of the Interstate Commerce Commission or were performed by any officer or employee of the Interstate Commerce Commission in the capacity as such officer or employee.
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Federal law — U.S. Code and appendices · legal_authorities
Page 235
TITLE 45—RAILROADS
§ 1004
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–448 effective Oct. 14, 1980,
see section 710(d) of Pub. L. 96–448, set out as a note
under section 1170 of Title 11, Bankruptcy.
ABOLITION OF INTERSTATE COMMERCE COMMISSION AND
TRANSFER OF FUNCTIONS
Interstate Commerce Commission abolished and func-
tions of Commission transferred, except as otherwise
provided in Pub. L. 104–88, to Surface Transportation
Board effective Jan. 1, 1996, by section 1302 of Title 49,
Transportation, and section 101 of Pub. L. 104–88, set
out as a note under section 1301 of Title 49. References
to Interstate Commerce Commission deemed to refer to
Surface Transportation Board, a member or employee
of the Board, or Secretary of Transportation, as appro-
priate, see section 205 of Pub. L. 104–88, set out as a
note under section 1301 of Title 49.
§ 1003. Service continuation
(a) Situations requiring directed service; time
period
Notwithstanding the provisions of Public Law
96–131, the Commission shall order directed serv-
ice for a period of not to exceed 90 days over any
line of the Rock Island Railroad if the Secretary
finds and certifies to the Commission that—
(1) a lack of rail service exists which cannot
be resolved by a grant of interim operating au-
thority over such line and grains or foods are
ready to be shipped to market; or
(2) a lack of rail service exists which cannot
be resolved by a grant of interim operating au-
thority over such line and a rail carrier, ship-
per, State, or other interested party has ex-
pressed in writing to the Secretary an interest
in purchasing, leasing, or rehabilitating the
particular rail line or facility for purposes of
providing rail services,
Source: Supplied 2024 U.S. Code historical extraction · 45 U.S.C. § 1003
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