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45 U.S.C. § 1104 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
As used in this subtitle, unless the context otherwise requires, the term:
(1) “Amtrak” means the National Railroad Passenger Corporation created under chapter 243 of title 49.
(2) “Commission” means the Interstate Commerce Commission.
(3) “Commuter authority” means any State, local, or regional authority, corporation, or other entity established for purposes of providing commuter service, and includes the Metropolitan Transportation Authority, the Connecticut Department of Transportation, the Maryland Department of Transportation, the Southeastern Pennsylvania Transportation Authority, the New Jersey Transit Corporation, the Massachusetts Bay Transportation Authority, the Port Authority Trans-Hudson Corporation, any successor agencies, and any entity created by one or more such agencies for the purpose of operating, or contracting for the operation of, commuter service.
(4) “Commuter service” means short-haul rail passenger service operated in metropolitan and suburban areas, whether within or across the geographical boundaries of a State, usually characterized by reduced fare, multiple-ride, and commutation tickets, and by morning and evening peak period operations.
(5) “Conrail” means the Consolidated Rail Corporation created under title III of the Regional Rail Reorganization Act of 1973 ([45 U.S.C. 741](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section741&num=0&edition=prelim) et seq.).
(6) “Rail carrier” means a common carrier engaged in interstate or foreign commerce by rail subject to subtitle IV of title 49.
(7) “Secretary” means the Secretary of Transportation.
(8) “Special court” means the judicial panel established under section 209(b)(1) of the Regional Rail Reorganization Act of 1973 ([45 U.S.C. 719(b)(1)](https://uscode.
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Source file: Laws/federal/codes/united-states-code/title-45/section-1104-definitions--10a845c0b1.md
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Source location: Title 45, Chapter 20, § 1104; chapter-020-northeast-rail-service.md
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As used in this subtitle, unless the context otherwise requires, the term:
(1) “Amtrak” means the National Railroad Passenger Corporation created under chapter 243 of title 49.
(2) “Commission” means the Interstate Commerce Commission.
(3) “Commuter authority” means any State, local, or regional authority, corporation, or other entity established for purposes of providing commuter service, and includes the Metropolitan Transportation Authority, the Connecticut Department of Transportation, the Maryland Department of Transportation, the Southeastern Pennsylvania Transportation Authority, the New Jersey Transit Corporation, the Massachusetts Bay Transportation Authority, the Port Authority Trans-Hudson Corporation, any successor agencies, and any entity created by one or more such agencies for the purpose of operating, or contracting for the operation of, commuter service.
(4) “Commuter service” means short-haul rail passenger service operated in metropolitan and suburban areas, whether within or across the geographical boundaries of a State, usually characterized by reduced fare, multiple-ride, and commutation tickets, and by morning and evening peak period operations.
(5) “Conrail” means the Consolidated Rail Corporation created under title III of the Regional Rail Reorganization Act of 1973 ([45 U.S.C. 741](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section741&num=0&edition=prelim) et seq.).
(6) “Rail carrier” means a common carrier engaged in interstate or foreign commerce by rail subject to subtitle IV of title 49.
(7) “Secretary” means the Secretary of Transportation.
(8) “Special court” means the judicial panel established under section 209(b)(1) of the Regional Rail Reorganization Act of 1973 ([45 U.S.C. 719(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section719/b/1&num=0&edition=prelim)) or, with respect to any proceedings that arise or continue after the panel is abolished pursuant to section 209(b)(2) of such Act [[45 U.S.C. 719(b)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section719/b/2&num=0&edition=prelim)], the United States District Court for the District of Columbia.
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds and declares that—
(1) the processes set in motion by the Regional Rail Reorganization Act of 1973 [[45 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section701&num=0&edition=prelim) et seq.] have failed to create a self-sustaining railroad system in the Northeast region of the United States and have cost United States taxpayers many billions of dollars over original estimates;
(2) current arrangements for the provision of rail freight and commuter service in the Northeast and Midwest regions of the United States are inadequate to meet the transportation needs of the public and the needs of national security;
(3) although the Federal Government has provided billions of dollars in assistance for Conrail and its employees, the Federal interest in ensuring the flow of interstate commerce through rail service in the private sector has not been achieved, and the protection of interstate commerce requires Federal intervention to preserve essential rail service in the private sector;
(4) the provisions for protection of employees of bankrupt railroads contained in the Regional Rail Reorganization Act of 1973 [[45 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section701&num=0&edition=prelim) et seq.] have resulted in the payment of benefits far in excess of levels anticipated at the time of enactment, have imposed an excessive fiscal burden on the Federal taxpayer, and are now an obstacle to the establishment of improved rail service and continued rail employment in the Northeast region of the United States; and
(5) since holding Conrail liable for employee protection payments would destroy its prospects of becoming a profitable carrier and further injure its employees, an alternative
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There shall be established within 300 days after January 2, 1974, in accordance with the provisions of this section, a corporation to be known as the Consolidated Rail Corporation or such other corporate name as may be duly adopted by the Corporation.
**(b) Status** The Corporation shall be a for-profit corporation established under the laws of a State and shall not be an agency or instrumentality of the Federal Government. The Corporation shall be deemed a rail carrier subject to part A of subtitle IV of title 49, shall be subject to the provisions of this Act and, to the extent not inconsistent with such Act and subtitle IV of title 49, shall be subject to applicable State law. The principal office of the Corporation or of its principal railroad operating subsidiary shall be located in Philadelphia in the Commonwealth of Pennsylvania.
**(c) Incorporators**
(1) The members of the executive committee of the Association shall be the incorporators of the Corporation and shall take whatever steps are necessary to establish the Corporation, including the filing of articles of incorporation.
(2) Notwithstanding any provision of State law, after February 5, 1976, the members of the executive committee of the Association (including duly authorized representatives of members who are authorized by this chapter to be represented) and the chief executive officer and chief operating officer of the Corporation shall adopt the bylaws of the Corporation and serve as the Board of Directors of the Corporation until all members of the Board of Directors of the Corporation have been selected in accordance with subsection (d) of this section. The chief executive officer shall serve as chairman of such Board until a chairman thereof is selected pursuant to subsecti
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 741
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General** Notwithstanding any other provision of law, the final system plan which is adopted by the Association and which becomes effective after review by the Congress is not subject to review by any court except in accordance with this section. After the final system plan becomes effective under [section 718 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section718&num=0&edition=prelim), it may be reviewed with respect to matters concerning the value of the rail properties to be conveyed under the plan and the value of the consideration to be received for such properties.
**(b) Special court**
(1) Within 30 days after January 2, 1974, the Association shall make application to the judicial panel on multi-district litigation authorized by [section 1407 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1407&num=0&edition=prelim) for the consolidation in a single, three-judge district court of the United States of all judicial proceedings with respect to the final system plan. Within 30 days after such application is received, the panel shall make the consolidation in a district court (cited herein as the “special court”) which the panel determines to be convenient to the parties and the one most likely to be able to conduct any proceedings under this section with the least delay and the greatest possible fairness and ability. Such proceedings shall be conducted by the special court which shall be composed of three Federal judges who shall be selected by the panel, except that none of the judges selected may be a judge assigned to a proceeding involving any railroad in reorganization in the region under section 77 of the Bankruptcy Act. The special court is authorized to exercise the power
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 719
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares that—
(1) Essential rail service in the midwest and northeast region of the United States is provided by railroads which are today insolvent and attempting to undergo reorganization under the Bankruptcy Act.
(2) This essential rail service is threatened with cessation or significant curtailment because of the inability of the trustees of such railroads to formulate acceptable plans for reorganization. This rail service is operated over rail properties which were acquired for a public use, but which have been permitted to deteriorate and now require extensive rehabilitation and modernization.
(3) The public convenience and necessity require adequate and efficient rail service in this region and throughout the Nation to meet the needs of commerce, the national defense, the environment, and the service requirements of passengers, United States mail, shippers, States and their political subdivisions, and consumers.
(4) Continuation and improvement of essential rail service in this region is also necessary to preserve and maintain adequate national rail services and an efficient national rail transportation system.
(5) Rail service and rail transportation offer economic and environmental advantages with respect to land use, air pollution, noise levels, energy efficiency and conservation, resource allocation, safety, and cost per ton-mile of movement to such extent that the preservation and maintenance of adequate and efficient rail service is in the national interest.
(6) These needs cannot be met without substantial action by the Federal Government.
**(b) Purposes** It is therefore declared to be the purpose of Congress in this chapter to provide for—
(1) the identification of a rail service system in the midwest and
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 701
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1302
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Federal law — U.S. Code and appendices · legal_authorities
Page 242
TITLE 45—RAILROADS
§ 1104
section referred to as ‘‘nonagreement per-
sonnel’’) should forego wage increases and ben-
efits in an amount proportionately equivalent
to the amount foregone by agreement employ-
ees pursuant to paragraph (4) of this section,
adjusted annually to reflect inflation.
(B) After May 1, 1981, the number of non-
agreement personnel should be reduced pro-
portionately to any reduction in agreement
employees (excluding reductions pursuant to
the termination program under section 797a of
this title).
(2) Suppliers
To facilitate the orderly movement of goods
in interstate commerce, materials and serv-
ices should continue to be available to Con-
rail, under normal business practices, includ-
ing the provision of credit and normal financ-
ing arrangements.
(3) Shippers
Conrail should utilize the revenue opportu-
nities available to it under the Staggers Rail
Act of 1980 and subtitle IV of title 49.
(4) Agreement employees
(A) Conrail should enter into collective bar-
gaining agreements with its employees which
would reduce Conrail’s costs in an amount
equal to $200,000,000 a year, beginning April 1,
1981, adjusted annually to reflect inflation.
(B) Agreements under this subparagraph
may provide for reductions in wage increases
and for changes in fringe benefits common to
agreement employees, including vacations and
holidays.
(C) The cost reductions required under this
subparagraph in the first year of the agree-
ment may be deferred, but the aggregate cost
reductions should be no less than an average
of $200,000,000 per year for each of the first
three one-year periods beginning April 1, 1981.
(D) The amount of cost reductions provided
under this paragraph shall be calculated by
subtracting the cost of an agreement
Source: Supplied 2024 U.S. Code historical extraction · 45 U.S.C. § 1104
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 169
TITLE 45—RAILROADS
§ 719
1 See Codification note below.
to Committee on Transportation and Infrastructure of
House of Representatives, in case of provisions of law
relating to railroads, railway labor, or railroad retire-
ment and unemployment, by section 1(c)(1) of Pub. L.
104–14, set out as a note preceding section 21 of Title 2,
The Congress.
Committee on Commerce of the Senate abolished and
replaced by Committee on Commerce, Science, and
Transportation of the Senate, effective Feb. 11, 1977.
See Rule XXV of Standing Rules of the Senate, as
amended by Senate Resolution No. 4 (popularly cited as
the ‘‘Committee System Reorganization Amendments
of 1977’’), approved Feb. 4, 1977.
ABOLITION OF SPECIAL COURT, REGIONAL RAIL REORGA-
NIZATION ACT OF 1973, AND TRANSFER OF FUNCTIONS
Special court abolished and all jurisdiction and func-
tions transferred to United States District Court for
District of Columbia, see section 719(b)(2) of this title.
ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND
TRANSFER OF FUNCTIONS AND SECURITIES
See section 1341 of this title.
APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY
ACT
Application of National Environmental Policy Act to
actions of Commission not affected by title VI of Pub.
L. 94–210, see section 619 of Pub. L. 94–210, set out as a
note under section 791 of this title.
§ 719. Judicial review
(a) General
Notwithstanding any other provision of law,
the final system plan which is adopted by the
Association and which becomes effective after
review by the Congress is not subject to review
by any court except in accordance with this sec-
tion. After the final system plan becomes effec-
tive under section 718 of this title, it may be re-
viewed with respect to matters concerning the
value of the r
Source: Supplied 2024 U.S. Code historical extraction · 45 U.S.C. § 719
Stored review status: historical_2024_not_currentness_verified. The source passage cites 45 U.S.C. § 719. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 188
TITLE 45—RAILROADS
§ 741
1 So in original. Probably should be section ‘‘719(c)(3)’’.
riod beginning on the date of their establishment, un-
less, in the case of a board established by the President
or an officer of the Federal Government, such board is
renewed by appropriate action prior to the expiration
of such 2-year period, or in the case of a board estab-
lished by the Congress, its duration is otherwise pro-
vided for by law. See sections 1001(2) and 1013 of Title
5, Government Organization and Employees.
SUBCHAPTER III—CONSOLIDATED RAIL
CORPORATION
§ 741. Formation and structure
(a) Establishment
There shall be established within 300 days
after January 2, 1974, in accordance with the
provisions of this section, a corporation to be
known as the Consolidated Rail Corporation or
such other corporate name as may be duly
adopted by the Corporation.
(b) Status
The Corporation shall be a for-profit corpora-
tion established under the laws of a State and
shall not be an agency or instrumentality of the
Federal Government. The Corporation shall be
deemed a rail carrier subject to part A of sub-
title IV of title 49, shall be subject to the provi-
sions of this Act and, to the extent not incon-
sistent with such Act and subtitle IV of title 49,
shall be subject to applicable State law. The
principal office of the Corporation or of its prin-
cipal railroad operating subsidiary shall be lo-
cated in Philadelphia in the Commonwealth of
Pennsylvania.
(c) Incorporators
(1) The members of the executive committee
of the Association shall be the incorporators of
the Corporation and shall take whatever steps
are necessary to establish the Corporation, in-
cluding the filing of articles of incorporation.
(2) Notwithstanding any provision of State
Source: Supplied 2024 U.S. Code historical extraction · 45 U.S.C. § 741
Stored review status: historical_2024_not_currentness_verified. The source passage cites 45 U.S.C. § 741. This identifies an authority to review, not proof of applicability.