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11 U.S.C. § 1170 — Abandonment of railroad line
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The court, after notice and a hearing, may authorize the abandonment of all or a portion of a railroad line if such abandonment is—
(1)
(A) in the best interest of the estate; or
(B) essential to the formulation of a plan; and
(2) consistent with the public interest.
**(b)** If, except for the pendency of the case under this chapter, such abandonment would require approval by the Board under a law of the United States, the trustee shall initiate an appropriate application for such abandonment with the Board. The court may fix a time within which the Board shall report to the court on such application.
**(c)** After the court receives the report of the Board, or the expiration of the time fixed under subsection (b) of this section, whichever occurs first, the court may authorize such abandonment, after notice to the Board, the Secretary of Transportation, the trustee, any party in interest that has requested notice, any affected shipper or community, and any other entity prescribed by the court, and a hearing.
**(d)**
(1) Enforcement of an order authorizing such abandonment shall be stayed until the time for taking an appeal has expired, or, if an appeal is timely taken, until such order has become final.
(2) If an order authorizing such abandonment is appealed, the court, on request of a party in interest, may authorize suspension of service on a line or a portion of a line pending the determination of such appeal, after notice to the Board, the Secretary of Transportation, the trustee, any party in interest that has requested notice, any affected shipper or community, and any other entity prescribed by the court, and a hearing. An appellant may not obtain a stay of the enforcement of an order authorizing such suspension by the giving of a supersede
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Stable record: federal_law:legal_authorities:record_usc_c9d908bde2a165b775982610
Source file: Laws/federal/codes/united-states-code/title-11/section-1170-abandonment-of-railroad-line--076cd7eff5.md
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Passage SHA-256: c6ef582af087a4176b39b165e6a7acb4f168871e2ad04459bc02ccd150777cda
Source location: Title 11, Chapter 11, § 1170; chapter-011-reorganization.md
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**(a)** The court, after notice and a hearing, may authorize the abandonment of all or a portion of a railroad line if such abandonment is—
(1)
(A) in the best interest of the estate; or
(B) essential to the formulation of a plan; and
(2) consistent with the public interest.
**(b)** If, except for the pendency of the case under this chapter, such abandonment would require approval by the Board under a law of the United States, the trustee shall initiate an appropriate application for such abandonment with the Board. The court may fix a time within which the Board shall report to the court on such application.
**(c)** After the court receives the report of the Board, or the expiration of the time fixed under subsection (b) of this section, whichever occurs first, the court may authorize such abandonment, after notice to the Board, the Secretary of Transportation, the trustee, any party in interest that has requested notice, any affected shipper or community, and any other entity prescribed by the court, and a hearing.
**(d)**
(1) Enforcement of an order authorizing such abandonment shall be stayed until the time for taking an appeal has expired, or, if an appeal is timely taken, until such order has become final.
(2) If an order authorizing such abandonment is appealed, the court, on request of a party in interest, may authorize suspension of service on a line or a portion of a line pending the determination of such appeal, after notice to the Board, the Secretary of Transportation, the trustee, any party in interest that has requested notice, any affected shipper or community, and any other entity prescribed by the court, and a hearing. An appellant may not obtain a stay of the enforcement of an order authorizing such suspension by the giving of a supersedeas bond or otherwise, during the pendency of such appeal.
**(e)**
(1) In authorizing any abandonment of a railroad line under this section, the court shall require the rail carrier to provide a fair arrangement at least as protective of the interests of employees as that established under [section 11326(a) of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11326/a&num=0&edition=prelim).
(2) Nothing in this subsection shall be deemed to affect the priorities or timing of payment of employee protection which might have existed in the absence of this subsection.
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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
**(a) Appeals** Notwithstanding any other provision of law, any appeal from—
(1) any decision of the bankruptcy court with respect to the constitutionality of any provision of this chapter; and
(2) any decision of the court having jurisdiction over the reorganization of the Milwaukee Railroad with respect to the constitutionality of the Milwaukee Railroad Restructuring Act ([45 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section901&num=0&edition=prelim) et seq.),
shall be taken to the United States Court of Appeals for the Seventh Circuit.
**(b) Appellate proceedings** If appeals are taken from decisions described in subsection (a) of this section involving section 1005 or 1008 11 See References in Text note below. of this title or section 9 or 15 of the Milwaukee Railroad Restructuring Act [[45 U.S.C. 908](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section908&num=0&edition=prelim) or 915], the court of appeals shall determine such appeals in a consolidated proceeding, sitting en banc.
**(c) Action in United States Court of Claims** Nothing in this chapter or in the Milwaukee Railroad Restructuring Act ([45 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section901&num=0&edition=prelim) et seq.) shall limit the right of any person to commence an action in the United States Court of Claims 1 under [section 1491 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1491&num=0&edition=prelim) (commonly referred to as the Tucker Act).
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1018
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Federal law — U.S. Code and appendices · legal_authorities
In this title the following definitions shall apply:
(1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized.
(2) The term “affiliate” means—
(A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or
(D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement.
(3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Board may, and shall when it considers it desirable in the public interest, prescribe through routes, joint classifications, joint rates, the division of joint rates, and the conditions under which those routes must be operated, for a rail carrier providing transportation subject to the jurisdiction of the Board under this part.
(2) The Board may require a rail carrier to include in a through route substantially less than the entire length of its railroad and any intermediate railroad operated with it under common management or control if that intermediate railroad lies between the terminals of the through route only when—
(A) required under section 10741, 10742, or 11102 of this title;
(B) inclusion of those lines would make the through route unreasonably long when compared with a practicable alternative through route that could be established; or
(C) the Board decides that the proposed through route is needed to provide adequate, and more efficient or economic, transportation.
The Board shall give reasonable preference, subject to this subsection, to the rail carrier originating the traffic when prescribing through routes.
**(b)** The Board shall prescribe the division of joint rates to be received by a rail carrier providing transportation subject to its jurisdiction under this part when it decides that a division of joint rates established by the participating carriers under [section 10703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10703&num=0&edition=prelim), or under a decision of the Board under subsection (a) of this section, does or will violate [section 10701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10701&num=0&edition=prelim).
**(c)
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10705
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Federal law — U.S. Code and appendices · legal_authorities
Except with respect to abandonment under [section 1170 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1170&num=0&edition=prelim), or merger, modification of the financial structure of the debtor, or issuance or sale of securities under a plan, the trustee and the debtor are subject to the provisions of subtitle IV of title 49 that are applicable to railroads, and the trustee is subject to orders of any Federal, State, or local regulatory body to the same extent as the debtor would be if a petition commencing the case under this chapter had not been filed, but—
(1) any such order that would require the expenditure, or the incurring of an obligation for the expenditure, of money from the estate is not effective unless approved by the court; and
(2) the provisions of this chapter are subject to section 601(b) of the Regional Rail Reorganization Act of 1973.
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1166
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b) of this section, if a lease of a line of railroad under which the debtor is the lessee is rejected under [section 365 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section365&num=0&edition=prelim), and if the trustee, within such time as the court fixes, and with the court’s approval, elects not to operate the leased line, the lessor under such lease, after such approval, shall operate the line.
**(b)** If operation of such line by such lessor is impracticable or contrary to the public interest, the court, on request of such lessor, and after notice and a hearing, shall order the trustee to continue operation of such line for the account of such lessor until abandonment is ordered under [section 1170 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1170&num=0&edition=prelim), or until such operation is otherwise lawfully terminated, whichever occurs first.
**(c)** During any such operation, such lessor is deemed a carrier subject to the provisions of subtitle IV of title 49 that are applicable to railroads.
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1169
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In addition to the provisions required or permitted under [section 1123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1123&num=0&edition=prelim), a plan—
(1) shall specify the extent to and the means by which the debtor’s rail service is proposed to be continued, and the extent to which any of the debtor’s rail service is proposed to be terminated; and
(2) may include a provision for—
(A) the transfer of any or all of the operating railroad lines of the debtor to another operating railroad; or
(B) abandonment of any railroad line in accordance with [section 1170 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1170&num=0&edition=prelim).
**(b)** If, except for the pendency of the case under this chapter, transfer of, or operation of or over, any of the debtor’s rail lines by an entity other than the debtor or a successor to the debtor under the plan would require approval by the Board under a law of the United States, then a plan may not propose such a transfer or such operation unless the proponent of the plan initiates an appropriate application for such a transfer or such operation with the Board and, within such time as the court may fix, not exceeding 180 days, the Board, with or without a hearing, as the Board may determine, and with or without modification or condition, approves such application, or does not act on such application. Any action or order of the Board approving, modifying, conditioning, or disapproving such application is subject to review by the court only under sections 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5.
**(c)**
(1) In approving an application under subsection (b) of this section, the Board shall require the rail carrie
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1172
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, the term—
(1) “bankruptcy court” means the court having jurisdiction over the reorganization of the Rock Island Railroad;
(2) “Board” means the Railroad Retirement Board;
(3) “Commission” means the Interstate Commerce Commission;
(4) “employee” includes any employee of the Rock Island Railroad as of August 1, 1979, but does not include any individual serving as president, vice-president, secretary, treasurer, comptroller, counsel, member of the board of directors, or any other person performing such functions;
(5) the term “Rock Island Railroad” means the Chicago, Rock Island and Pacific Railroad Company, the estate of such Company in its reorganization proceeding, or the trustee appointed in such proceeding; and
(6) the term “Secretary” means the Secretary of Transportation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1002
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization; time for agreement; use of funds** The Secretary and the representatives of the various classes and crafts of employees of the Rock Island Railroad shall, not later than 90 days after January 14, 1983, enter into an agreement providing protection for employees of the Rock Island Railroad who are adversely affected as a result of a reduction in service by such Railroad. Such agreement may provide for the use of funds described in subsection (c) of this section for the following purposes:
(1) Subsistence allowances to employees.
(2) Moving expenses for employees who must make a change in residence.
(3) Retraining expenses for employees who are seeking employment in new areas.
(4) Separation allowances for employees.
(5) Health and welfare insurance premiums.
(6) Such other purposes as may be agreed upon by the parties.
**(b) Failure to reach agreement; benefit schedule** If the parties are unable to reach agreement within the time period specified in subsection (a) of this section, the Secretary shall, within 30 days after the expiration of such time period, prescribe a schedule of benefits for employee protection not inconsistent with the provisions of this chapter.
**(c) Limitations on funds** Any agreement entered into under subsection (a) of this section, and any benefit schedule prescribed under subsection (b) of this section, shall not require the expenditure of funds in excess of amounts authorized to be appropriated under [section 727(f)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section727/f/1/C&num=0&edition=prelim), nor shall any individual employee receive benefits in excess of $20,000 under such agreement or benefit schedule. No benefits or assistance may be provided under any agreeme
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1005
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assistance received under employee protection agreement; waiver of other employee protection benefits; exception** Any employee who receives any assistance under an employee protection agreement entered into or benefit schedule prescribed under [section 1005 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1005&num=0&edition=prelim) or any new career training assistance under [section 1014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1014&num=0&edition=prelim) shall be deemed to waive any employee protection benefits otherwise available to such employee under the Bankruptcy Act, subtitle IV of title 49 or any applicable contract or agreement (other than as provided in the agreement entered into in Washington, District of Columbia, on March 4, 1980, entitled “Labor Protective Agreement Between Railroads Parties Hereto Involved in Midwest Rail Restructuring and Employees of Such Railroads Represented by the Rail Labor Organizations Operating Through the Railway Labor Executives’ Association”).
**(b) Filing of statement** Any employee of the Rock Island Railroad who is entitled to receive assistance under this chapter shall, no later than 120 days after the effective date of any agreement entered into under [section 1005(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1005/a&num=0&edition=prelim) or of any benefit schedule prescribed under [section 1005(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1005/b&num=0&edition=prelim), as the case may be, file a statement with the Board indicating whether such employee elects to receive (1) assistance under this chapter; or (2) any employee prot
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1007
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