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45 U.S.C. § 920 — Continuation of service

Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 920 — Continuation of service

**(a)** Until the occurrence of an event described in subsection (b) of this section, the Milwaukee Railroad (1) shall maintain its entire railroad system, as it existed on October 15, 1979, (2) shall continue no less than the regular level of service provided by it as of that date, and (3) shall not embargo traffic (other than when necessitated by acts of God or safety requirements) or abandon or discontinue service over any part of its railroad system. **(b)** The Milwaukee Railroad shall comply with the requirements of subsection (a) of this section until— (1) an employee or employee-shipper ownership plan is not submitted to the Interstate Commerce Commission within the time period prescribed under [section 905(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section905/a&num=0&edition=prelim); (2) the proposed plan is found by the Commission not to be feasible or the Commission does not act within 30 days; (3) the proposed plan is found by the bankruptcy court not to be fair and equitable to the estate of the Milwaukee Railroad; or (4) the plan is not implemented within the time period prescribed under [section 905(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section905/c&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-45/section-920-continuation-of-service--ff3ade1ca4.md
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Source location: Title 45, Chapter 18, § 920; chapter-018-milwaukee-railroad-restructuring.md

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1301 — Establishment of Board

**(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

49 U.S.C. § 1302 — Functions

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

45 U.S.C. § 906 — Guarantee of trustee certificates

**(a) to (c) Omitted** **(d) Authorization** The Secretary of Transportation shall, under the authority of the Emergency Rail Services Act of 1970 [[45 U.S.C. 661](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section661&num=0&edition=prelim) et seq.], immediately guarantee trustee certificates of the Milwaukee Railroad, on the basis of an estimate of the amount required to be provided under subsection (e) of this section, for purposes of allowing the Milwaukee Railroad, commencing November 1, 1979, to maintain its entire railroad system in accordance with [section 920 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section920&num=0&edition=prelim), and as required to finance operations which the Milwaukee Railroad continues for the 60-day period beginning on the date of the occurrence of an event described in [section 920(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section920/b&num=0&edition=prelim) or on April 1, 1980, whichever first occurs. Such guarantee shall be made without regard to the findings set forth in section 3(a) of the Emergency Rail Services Act of 1970 [[45 U.S.C. 662(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section662/a&num=0&edition=prelim)], and the provisions of section 3(b)(3) [[45 U.S.C. 662(b)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section662/b/3&num=0&edition=prelim)] and the last two sentences of section 3(d) of such Act [[45 U.S.C. 662(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section662/d&num=0&edition=prelim)] shall not apply to such guarantee. **(e) Amount of guarantee** The Secretary shall guarantee trustee certificates of the Milwaukee Rai

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 920 — Continuation of service

Page 233 TITLE 45—RAILROADS § 921 1 See References in Text note below. Statutory Notes and Related Subsidiaries 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. § 916. Repealed. Pub. L. 104–88, title III, § 328, Dec. 29, 1995, 109 Stat. 952 Section, Pub. L. 96–101, § 18, Nov. 4, 1979, 93 Stat. 746; Pub. L. 96–254, title I, § 116, May 30, 1980, 94 Stat. 405, provided that this chapter be in lieu of directed service on any line of the Milwaukee Railroad with certain ex- ceptions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation. § 917. Applicability of National Environmental Policy Act The provisions of the National Environmental Policy Act [42 U.S.C. 4321 et seq.] shall not apply to transactions carried out pursuant to this chapter. (Pub. L. 96–101, § 19, Nov. 4, 1979, 93 Stat. 746.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act, referred to in text, probably means the National Environmental Policy Act of 1969, Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which i

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