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45 U.S.C. § 802 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
As used in this Act, unless the context otherwise indicates, the term—
(1) “Association” means the United States Railway Association;
(2) “Commission” means the Interstate Commerce Commission;
(3) “Corporation” means the Consolidated Rail Corporation;
(4) “final system plan” means the final system plan and any additions thereto adopted by the Association pursuant to 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.);
(5) “includes” and variants thereof should be read as if the phrase “but is not limited to” were also set forth;
(6) “Office” means the Rail Services Planning Office of the Commission;
(7) “railroad” has the meaning given that term in [section 20102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20102&num=0&edition=prelim); and
(8) “Secretary” means the Secretary of Transportation or his designated representative.
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Source location: Title 45, Chapter 17, § 802; chapter-017-railroad-revitalization-and-regulatory-reform.md
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As used in this Act, unless the context otherwise indicates, the term—
(1) “Association” means the United States Railway Association;
(2) “Commission” means the Interstate Commerce Commission;
(3) “Corporation” means the Consolidated Rail Corporation;
(4) “final system plan” means the final system plan and any additions thereto adopted by the Association pursuant to 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.);
(5) “includes” and variants thereof should be read as if the phrase “but is not limited to” were also set forth;
(6) “Office” means the Rail Services Planning Office of the Commission;
(7) “railroad” has the meaning given that term in [section 20102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20102&num=0&edition=prelim); and
(8) “Secretary” means the Secretary of Transportation or his designated representative.
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Federal law — U.S. Code and appendices · legal_authorities
In this part—
(1) “Class I railroad”, “Class II railroad”, and “Class III railroad” mean railroad carriers that have annual carrier operating revenues that meet the threshold amount for Class I carriers, Class II carriers, and Class III carriers, respectively, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations.
(2) “railroad”—
(A) means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including—
(i) commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service that was operated by the Consolidated Rail Corporation on January 1, 1979; and
(ii) high speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads; but
(B) does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
(3) “railroad carrier” means a person providing railroad transportation, except that, upon petition by a group of commonly controlled railroad carriers that the Secretary determines is operating within the United States as a single, integrated rail system, the Secretary may by order treat the group of railroad carriers as a single railroad carrier for purposes of one or more provisions of part A, subtitle V of this title and implementing regulations and order, subject to any appropriate conditions that the Secretary may impose.
(4) “safety-related railroad employee” means—
(A) a railroad employee who is subject to chapter 211;
(B) another operating railroad employee who is not subject to chapter 211;
(C) an employee who maintai
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 20102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretary; time, manner, etc., of transfer** Subject to the provisions of this chapter, the United States, through the Secretary, shall transfer all rail properties of the Alaska Railroad to the State. Such transfer shall occur as soon as practicable after the Secretary has made the certifications required by subsection (d) of this section and shall be accomplished in the manner specified in subsection (b) of this section.
**(b) Simultaneous and interim transfers, conveyances, etc.**
(1) On the date of transfer, the Secretary shall simultaneously:
(A) deliver to the State a bill of sale conveying title to all rail properties of the Alaska Railroad except any interest in real property;
(B) deliver to the State an interim conveyance of the rail properties of the Alaska Railroad that are not conveyed pursuant to subparagraph (A) of this paragraph and are not subject to unresolved claims of valid existing rights;
(C) deliver to the State an exclusive license granting the State the right to use all rail properties of the Alaska Railroad not conveyed pursuant to subparagraphs (A) or (B) of this paragraph pending conveyances in accordance with the review and settlement or final administrative adjudication of claims of valid existing rights;
(D) convey to the State a deed granting the State (i) an exclusive-use easement for that portion of the right-of-way of the Alaska Railroad within the Denali National Park and Preserve extending not less than one hundred feet on either side of the main or branch line tracks, and eight feet on either side of the centerline of the “Y” track connecting the main line of the railroad to the power station at McKinley Park Station and (ii) title to railroad-related improvements within such right-of-way.
Prior to
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Abolition and termination**
(1) Effective April 1, 1987, the United States Railway Association is abolished.
(2) On January 1, 1987, all powers, duties, rights, and obligations of such association relating to the Corporation under 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.) shall be transferred to the Secretary of Transportation.
(3) The sole function of the United States Railway Association after January 1, 1987, shall be the termination of its affairs and the liquidation of its assets.
**(b) Transfer of securities and responsibilities**
(1) Any securities of the Corporation held by the United States Railway Association shall, upon 11 So in original. Probably should be “on”. October 21, 1986, be transferred to the Secretary of Transportation.
(2) If, on the date the United States Railway Association is abolished under subsection (a), such association shall not have completed the termination of its affairs and the liquidation of its assets, the duty of completing such winding up of its affairs and liquidation shall be transferred to the Secretary of Transportation, who for such purposes shall succeed to all remaining powers, duties, rights, and obligations of such association.
**(c) Financing agreement**
(1) On January 1, 1987, the Amended and Restated Financing Agreement, dated May 10, 1979, between the United States Railway Association and the Corporation, together with any and all rights and obligations of or on behalf of any person with respect to such agreement, shall terminate and be of no further force or effect, except for those provisions specifying terms and conditions for payments made to the United States with respect
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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
**(a) Purpose** The purpose of this Act and chapter 224 of title 49, United States Code, is to provide the means to rehabilitate and maintain the physical facilities, improve the operations and structure, and restore the financial stability of the railway system of the United States, and to promote the revitalization of such railway system, so that this mode of transportation will remain viable in the private sector of the economy and will be able to provide energy-efficient, ecologically compatible transportation services with greater efficiency, effectiveness, and economy, through—
(1) ratemaking and regulatory reform;
(2) the encouragement of efforts to restructure the system on a more economically justified basis, including planning authority in the Secretary of Transportation, an expedited procedure for determining whether merger and consolidation applications are in the public interest, and continuing reorganization authority;
(3) financing mechanisms that will assure adequate rehabilitation and improvement of facilities and equipment, implementation of the final system plan, and implementation of the Northeast Corridor project;
(4) transitional continuation of service on light-density rail lines that are necessary to continued employment and community well-being throughout the United States;
(5) auditing, accounting, reporting, and other requirements to protect Federal funds and to assure repayment of loans and financial responsibility; and
(6) necessary studies.
**(b) Policy** The policy of this Act and chapter 224 of title 49, United States Code, is to—
(1) balance the needs of carriers, shippers, and the public;
(2) foster competition among all carriers by railroad and other modes of transportation, to promote more adequate and efficient transportatio
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
Page 155
TITLE 45—RAILROADS
§ 701
Sec.
722.
Records, audit, and examination.
723.
Emergency assistance pending implementa-
tion.
724.
Authorization of appropriations.
725.
Interim agreements.
726.
Debentures and series A preferred stock.
727.
Additional purchases of Series A preferred
stock.
728.
Reports to Congress.
729.
Advisory Board.
SUBCHAPTER III—CONSOLIDATED RAIL
CORPORATION
741.
Formation and structure.
742.
Powers and duties of Corporation.
743.
Valuation and conveyance of rail properties.
744.
Termination and continuation of rail serv-
ices.
744a.
End of Conrail commuter service obligation.
745.
Continuing
reorganization;
supplemental
transactions.
746.
Certificates of value.
747.
Protection of Federal funds.
748.
Abandonments.
SUBCHAPTER IV—TRANSFER OF FREIGHT
SERVICES
761 to 769c. Repealed.
SUBCHAPTER V—EMPLOYEE PROTECTION
771 to 780. Repealed.
SUBCHAPTER VI—MISCELLANEOUS PROVISIONS
791.
Relationship to other laws.
792, 793.
Repealed.
794.
Tax payments to States.
SUBCHAPTER VII—PROTECTION OF EMPLOYEES
797.
Repealed.
797a.
Termination allowance.
797b.
Preferential hiring.
797c.
Central register of railroad employment.
797d.
Election and treatment of benefits.
797e.
Assignment of work.
797f.
Contracting out.
797g.
New collective-bargaining agreements.
797h.
Employee and personal injury claims.
797i.
Limitations on liability.
797j.
Preemption.
797k.
Factfinding panel.
797l.
Class II railroads receiving Federal assist-
ance.
797m.
Arbitration.
SUBCHAPTER I—GENERAL PROVISIONS
§ 701. Congressional declaration of policy
(a) Findings
The Congress finds and declares that—
(1) Essential rail service in the midwest and
northeast region of the United States is pro-
vided by railroads wh
Source: Supplied 2024 U.S. Code historical extraction · 45 U.S.C. § 701
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Federal law — U.S. Code and appendices · legal_authorities
Page 221
TITLE 45—RAILROADS
§ 802
(2) foster competition among all carriers by
railroad and other modes of transportation, to
promote more adequate and efficient transpor-
tation
services,
and
to
increase
the
attractiveness of investing in railroads and
rail-service-related enterprises;
(3) permit railroads greater freedom to raise
or lower rates for rail services in competitive
markets;
(4) promote the establishment of railroad
rate structures which are more sensitive to
changes in the level of seasonal, regional, and
shipper demand;
(5) promote separate pricing of distinct rail
and rail-related services;
(6) formulate standards and guidelines for
determining adequate revenue levels for rail-
roads; and
(7) modernize and clarify the functions of
railroad rate bureaus.
(Pub. L. 94–210, title I, § 101, Feb. 5, 1976, 90 Stat.
33; Pub. L. 117–58, div. B, title I, § 21301(j)(3)(A),
Nov. 15, 2021, 135 Stat. 691.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 94–210,
Feb. 5, 1976, 90 Stat. 31, known as the Railroad Revital-
ization and Regulatory Reform Act of 1976. For com-
plete classification of this Act to the Code, see Short
Title note set out below and Tables.
AMENDMENTS
2021—Subsec. (a). Pub. L. 117–58, § 21301(j)(3)(A)(i), sub-
stituted ‘‘The purpose of this Act and chapter 224 of
title 49, United States Code, is to’’ for ‘‘It is the pur-
pose of the Congress in this Act to’’ in introductory
provisions.
Subsec. (b). Pub. L. 117–58, § 21301(j)(3)(A)(ii), sub-
stituted ‘‘The policy of this Act and chapter 224 of title
49, United States Code, is’’ for ‘‘It is declared to be the
policy of the Congress in this Act’’ in introductory pro-
visions.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 20
Source: Supplied 2024 U.S. Code historical extraction · 45 U.S.C. § 802
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