45 U.S.C. § 744a — End of Conrail commuter service obliga-

Page 202 TITLE 45—RAILROADS § 744a 1991—Subsecs. (d)(4)(B), (e)(4)(C), (5)(A) to (C). Pub. L. 102–240 substituted ‘‘Federal Transit Act’’ for ‘‘Urban Mass Transportation Act of 1964’’. 1983—Subsec. (j). Pub. L. 97–449 repealed section 304(j) of Pub. L. 93–236, effective Oct. 17, 1978, the date Pub. L. 95–473 repealed subsec. (j) by repealing section 804 ‘‘Sec. 304(j)’’ of Pub. L. 94–210. See 1978 Amendment note below. 1978—Subsec. (e). Pub. L. 95–607 added subpar. (C) of par. (4) and pars. (7) and (8). Subsec. (j). Pub. L. 95–473 struck out subsec. (j) which provided for exempt rail mass transportation not under the jurisdiction of the Interstate Commerce Commis- sion. 1976—Subsec. (a). Pub. L. 94–210, § 804, redesignated existing provisions as par. (1) and inserted provision re- lating to applicability to a railroad in reorganization in the region, or of a person leased, operated, or con- trolled by such a railroad, in subpar. (B) inserted provi- sion relating to notice on the date of any conveyance ordered by the special court, and in subpar. (C) inserted requirement that notice be sent to the Commission and substituted reference to the chief executive officer for reference to the Governor, and added par. (2). Subsec. (b). Pub. L. 94–210, § 804, in par. (1) inserted ex- ception of subsecs. (c) and (f) of this section and sub- stituted provisions requiring notice to be sent to any person (including a government entity), for provisions requiring notice to be sent to all those required to re- ceive notice, in par. (2) substituted ‘‘240’’ for ‘‘180’’, and added par. (3). Subsec. (c). Pub. L. 94–210, § 804, substituted provi- sions relating to continuation of rail services and ap- plicability of rail service continuation payments to such continuation, for provisions relating to limita- tions of Interstate Commerce Act, State constitution or law, or decision of Federal or State court or agency on power to discontinue rail service and abandon rail properties and applicability of rail service continuation subsidies on such power. Subsec. (d). Pub. L. 94–210, § 804, added subsec. (d). Former subsec. (d) redesignated (f) and amended. Subsec. (d)(4). Pub. L. 94–555, § 205(a), added par. (4). Subsec. (e). Pub. L. 94–210, §§ 607(i), 804, added subsec. (e). Former subsec. (e) redesignated (g) and amended. Subsec. (e)(5)(D). Pub. L. 94–555, § 205(b), redesignated former subpar. (C) as (D) and added subpar. (C). Subsec. (f). Pub. L. 94–210, § 804, redesignated former subsec. (d) as (f) and substituted provisions relating to rail service continuation payments, for provisions re- lating to rail service continuation subsidies. Former subsec. (f) redesignated (h) and amended. Subsec. (g). Pub. L. 94–210, § 804, redesignated former subsec. (e) as (g) and inserted reference to any sub- sidiary of a Corporation and provision relating to dem- onstration by the Corporation, etc., that no State (or local or regional transportation authority) will offer a continuation payment under subsec. (c) of this section. Subsec. (h). Pub. L. 94–210, § 804, redesignated former subsec. (f) as (h), substituted ‘‘February 5, 1976, and prior to the date of conveyance (pursuant to section 743(b)(1) of this title)’’ for ‘‘January 2, 1974’’ and ‘‘reor- ganization in the region may’’ for ‘‘reorganization may’’, and made minor changes in structure. Subsecs. (i), (j). Pub. L. 94–210, § 804, added subsecs. (i) and (j). Subsec. (j)(1). Pub. L. 94–555, § 206(1), inserted limita- tion ‘‘by rail’’ to mass transportation services, and pro- vided that any local body providing mass transpor- tation services by rail is exempted from the rules, regu- lations, and orders promulgated under the Interstate Commerce Act, if interstate fares or application to the Interstate Commerce Commission for a change in such fares is subject to the approval or disapproval of the Governor of any state in which it provides services. Subsec. (j)(2)(B). Pub. L. 94–555, § 206(2), substituted definition of ‘‘mass transportation services’’ for ‘‘mass transportation’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–287, § 6(f)(4)(A), Oct. 11, 1996, 110 Stat. 3399, provided that the amendment made by section 6(f)(4)(A) is effective Dec. 29, 1995. EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 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, Transpor- tation. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–555 effective Oct. 1, 1976, see section 303 of Pub. L. 94–555, set out as a note under section 702 of this title. 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 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. 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. § 744a. End of Conrail commuter service obliga- tion Notwithstanding any other provision of law or contract, Conrail shall be relieved of any legal obligation to operate commuter service on Jan- uary 1, 1983. (Pub. L. 97–35, title XI, § 1136, Aug. 13, 1981, 95 Stat. 647.) Editorial Notes CODIFICATION Section was enacted as part of the Omnibus Budget Reconciliation Act of 1981 and also as part of the Northeast Rail Service Act of 1981, and not as part of the Regional Rail Reorganization Act of 1973 which comprises this chapter. Page 203 TITLE 45—RAILROADS § 745 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 13, 1981, see section 1169 of Pub. L. 97–35, set out as a note under section 1101 of this title. AUTHORIZATION OF APPROPRIATION TO FACILITATE TRANSFER OF RAIL COMMUTER SERVICE FROM CON- RAIL TO OTHER OPERATORS; STANDARDS FOR DIS- TRIBUTION OF APPROPRIATED FUNDS Pub. L. 97–35, title XI, § 1139(b), Aug. 13, 1981, 95 Stat. 652, as amended by Pub. L. 97–468, title V, § 504(a), Jan. 14, 1983, 96 Stat. 2552, provided that: ‘‘(1) There are authorized to be appropriated to the Secretary not to exceed $50,000,000, to facilitate the transfer of rail commuter services from Conrail to other operators. The Secretary shall by regulation pre- scribe standards for the obligation of such funds, and shall ensure that distribution of such funds is equitably made between Amtrak Commuter and the commuter authorities that operate commuter service. In pro- viding for the distribution of such funds, the Secretary shall consider any particular adverse financial impact upon any commuter authority that results from the termination of any lease or agreement between such commuter authority and Conrail. Amounts appro- priated under this section are authorized to remain available until October 1, 1986. ‘‘(2) Any funds appropriated under the authority of this subsection shall be distributed by the Secretary to Amtrak Commuter and commuter authorities accord- ing to the statutory provisions of paragraph (1) of this subsection within 60 days after receipt of an applica- tion by Amtrak Commuter or such commuter authori- ties or within 60 days after the date of enactment of the Rail Safety and Service Improvement Act of 1982 [Jan. 14, 1983], whichever is later.’’ § 745. Continuing reorganization; supplemental transactions (a) Proposals If the Secretary or the Association determines that, as part of continuing reorganization, fur- ther restructuring of rail properties in the re- gion through transactions supplemental to the final system plan would promote the establish- ment and retention of a financially self-sus- taining rail service system in the region ade- quate to meet the needs of the region, the Sec- retary or the Association, as the case may be, may develop proposals for such supplemental transactions as are necessary or appropriate to implement the needed restructuring. Transfers of rail properties included in proposals devel- oped by the Association shall be limited to (1) rail properties which would have qualified for designation under section 716(c)(1)(A) of this title but which were not transferred or conveyed under the final system plan, and which the Asso- ciation finds to be essential to the efficient op- erations of the Corporation, and (2) transfers, consistent with the final system plan, of rail properties from the Corporation to a subsidiary thereof. Each proposal (other than a proposal developed by the Association) shall be submitted in writing to the Association and shall state and describe any transactions proposed, the rail properties involved, the parties to such trans- actions, the financial and other terms of such transactions, the purposes of the chapter or the goals of the final system plan intended to be ef- fectuated by such transactions, and such other information incidental thereto as the Associa- tion may prescribe. Within 10 days after receipt of a proposal developed by the Secretary, and upon the development of a proposal developed by the Association, the Association shall publish a summary of such proposal in the Federal Reg- ister, and shall afford interested persons (includ- ing the Corporation when property is to be transferred to or from the Corporation) an op- portunity to comment thereon. (b) Evaluation by Association The Association shall analyze each proposal containing one or more supplemental trans- actions, taking into account the comments of interested persons and statements and exhibits submitted at any public hearings which may have been held. The Association shall, within 120 days after the publication of a summary thereof under subsection (a) of this section, publish in the Federal Register a report evaluating such proposal. Such evaluation shall state whether the supplemental transactions contained in such proposal, considered in their entirety, are (1) in the public interest and consistent with the pur- poses of this chapter and the goals of the final system plan, and (2) fair and equitable. If the Corporation opposes, or seeks modification of, any such proposed transfer, its written com- ments shall be given due consideration by the Association and shall be published as part of the evaluation. Within 30 days after the Association publishes its report, each proposed transferor or transferee shall notify the Association in writ- ing as to whether any proposed supplemental transaction requiring the transfer of any prop- erty from or to such transferor or transferee is acceptable to such proposed transferor or trans- feree. If any such proposed transferor (other than the Corporation) or transferee fails to no- tify the Association that any proposed supple- mental transaction requiring the transfer of any property from such transferor or to such trans- feree is acceptable to it, no further administra- tive or judicial proceedings shall be conducted with respect to such proposed supplemental transaction. (c) Review by Commission Within 90 days after the publication in the Federal Register of each report referred to in subsection (b) of this section, the Commission shall determine whether the supplemental transactions referred to in the report, consid- ered in their entirety, would be in the public in- terest and consistent with the purposes of this chapter and the goals of the final system plan. In making such determination, the Commission shall give due consideration to the views re- ceived by it, within 30 days after the publication of the applicable report, from the Corporation and the Secretary. The Commission may condi- tion its approval of such supplemental trans- actions on such reasonable terms and conditions as it may deem necessary in the public interest. The approval by the Commission of such supple- mental transactions shall not be a prerequisite to the consummation of such transactions, but any determination of the Commission modi- fying, approving, or disapproving any proposed supplemental transactions shall be given due weight and consideration by the special court in the proceedings prescribed in subsection (d) of