45 U.S.C. § 1105 — Judicial review

Page 243 TITLE 45—RAILROADS § 1105 et seq.) of chapter 16 of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 701 of this title and Tables. CODIFICATION In par. (1), ‘‘chapter 243 of title 49’’ substituted for ‘‘title III of the Rail Passenger Service Act (45 U.S.C. 541 et seq.)’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. AMENDMENTS 1996—Par. (8). Pub. L. 104–317 amended par. generally. Prior to amendment, par. read as follows: ‘‘ ‘Special court’ means the judicial panel established under sec- tion 209 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 719).’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–317 effective 90 days after Oct. 19, 1996, and except as otherwise provided, applica- ble proceedings that arise or continue after such effec- tive date, see section 605(e) of Pub. L. 104–317, set out as a note under section 719 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. § 1105. Judicial review (a) Special court; exclusive jurisdiction for civil actions Notwithstanding any other provision of law, the special court shall have original and exclu- sive jurisdiction over any civil action— (1) for injunctive, declaratory, or other relief relating to the enforcement, operation, execu- tion, or interpretation of any provision of or amendment made by this subtitle or part 2 of the Conrail Privatization Act [45 U.S.C. 1311 et seq.], or administrative action taken there- under to the extent such action is subject to judicial review; (2) challenging the constitutionality of any provision of or amendment made by this sub- title or part 2 of the Conrail Privatization Act [45 U.S.C. 1311 et seq.]; (3) to obtain, inspect, copy, or review any document in the possession or control of the Secretary, Conrail, the United States Railway Association, or Amtrak that would be discov- erable in litigation under any provision of or amendment made by this subtitle or part 2 of the Conrail Privatization Act [45 U.S.C. 1311 et seq.]; or (4) seeking judgment upon any claim against the United States founded upon the Constitu- tion and resulting from the operation of any provision of or amendment made by this sub- title or part 2 of the Conrail Privatization Act [45 U.S.C. 1311 et seq.]. (b) Appeal An order or judgment of the United States District Court for the District of Columbia in any action referred to in this section shall be re- viewable in accordance with sections 1291, 1292, and 1294 of title 28. (c) Scope of review of administrative actions Administrative action under the provisions of or amendments made by this subtitle or part 2 of the Conrail Privatization Act [45 U.S.C. 1311 et seq.] which is subject to review shall be upheld unless such action is found to be unlaw- ful under standards established for review of in- formal agency action under paragraphs (2)(A), (B), (C), and (D) of section 706 of title 5. The re- quirements of this subtitle or part 2 of the Con- rail Privatization Act [45 U.S.C. 1311 et seq.], as the case may be, shall constitute the exclusive procedures required by law for such administra- tive action. (Pub. L. 97–35, title XI, § 1152, Aug. 13, 1981, 95 Stat. 676; Pub. L. 99–509, title IV, § 4033(c)(1)(A), Oct. 21, 1986, 100 Stat. 1908; Pub. L. 100–352, § 6(f), June 27, 1988, 102 Stat. 664; Pub. L. 104–317, title VI, § 605(b)(3), (c)(4), Oct. 19, 1996, 110 Stat. 3859.) Editorial Notes REFERENCES IN TEXT This subtitle, referred to in subsecs. (a) and (c), is subtitle E (§§ 1131–1169) of title XI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 643, known as the Northeast Rail Serv- ice Act of 1981. For complete classification of this sub- title to the Code, see Short Title note set out under section 1101 of this title and Tables. The Conrail Privatization Act, referred to in subsecs. (a) and (c), is subtitle A (§§ 4001–4052) of title IV of Pub. L. 99–509, Oct. 21, 1986, 100 Stat. 1892. Part 2 of that Act is classified principally to subchapter II (§ 1311 et seq.) of chapter 22 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. AMENDMENTS 1996—Subsec. (b). Pub. L. 104–317, § 605(b)(3), added heading and text of subsec. (b) and struck out former subsec. (b) which read as follows: ‘‘A judgment of the special court in any action referred to in this section shall be reviewable only upon petition for a writ of cer- tiorari to the Supreme Court of the United States. Such review is exclusive and any such petition shall be filed in the Supreme Court not more than 20 days after entry of such order or judgment.’’ Subsec. (d). Pub. L. 104–317, § 605(c)(4), struck out sub- sec. (d) which read as follows: ‘‘If the volume of civil actions under subsection (a) of this section so requires, the United States Railway Association shall apply to the judicial panel on multi-district litigation author- ized by section 1407 of title 28 for the assignment of ad- ditional judges to the special court. Within 30 days after the date of such application, the panel shall as- sign to the special court such additional judges as may be necessary to exercise the jurisdiction described in subsection (a) of this section.’’ 1988—Subsec. (b). Pub. L. 100–352 struck out ‘‘, except that any order or judgment enjoining the enforcement, or declaring or determining the unconstitutionality or invalidity, of any provision of this subtitle shall be re- viewable by direct appeal to the Supreme Court of the United States’’ at end of first sentence and substituted ‘‘such petition shall be filed in the Supreme Court’’ for ‘‘petition or appeal shall be filed’’ in second sentence. 1986—Subsecs. (a), (b). Pub. L. 99–509, § 4033(c)(1)(A)(i), inserted ‘‘or part 2 of the Conrail Privatization Act’’ after ‘‘subtitle’’ wherever appearing. Subsec. (c). Pub. L. 99–509, § 4033(c)(1)(A), inserted ‘‘or part 2 of the Conrail Privatization Act’’ after ‘‘sub- title’’ in first sentence and ‘‘or part 2 of the Conrail Page 244 TITLE 45—RAILROADS § 1106 1 So in original. Probably should be ‘‘encumbrances,’’. Privatization Act, as the case may be,’’ after ‘‘subtitle’’ in second sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–317 effective 90 days after Oct. 19, 1996, and except as otherwise provided, applica- ble to proceedings that arise or continue after such ef- fective date, see section 605(e) of Pub. L. 104–317, set out as a note under section 719 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–352 effective ninety days after June 27, 1988, except that such amendment not to apply to cases pending in Supreme Court on such effec- tive date or affect right to review or manner of review- ing judgment or decree of court which was entered be- fore such effective date, see section 7 of Pub. L. 100–352, set out as a note under section 1254 of Title 28, Judici- ary and Judicial Procedure. CASES PENDING IN SPECIAL COURT For applicability of amendment by Pub. L. 104–317 to cases pending in special court established under section 719(b) of this title, see section 605(d) of Pub. L. 104–317, set out as a note under section 719 of this title. ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF FUNCTIONS AND SECURITIES See section 1341 of this title. § 1106. Exemption from transfer taxes and fees; recordation (a)(1) All transfers or conveyances of any in- terest in rail property (whether real, personal, or mixed) which are made under any provision of or amendment made by this subtitle shall be ex- empt from any taxes, imposts, or levies now or hereby imposed, by the United States or by any State or any political subdivision of a State, on or in connection with such transfers or convey- ances or on the recording of deeds, bills of sale, liens, encumbrances, easements, or other instru- ments evidencing, effectuating, or incident to any such transfers or conveyances, whether im- posed on the transferor or on the transferee. Such transferors and transferees shall be enti- tled to record any such deeds, bills of sale, liens, encumberances,1 easements, or other instru- ments, and to record the release or removal of any preexisting liens or encumbrances of record with respect to properties so transferred or con- veyed, upon payment of any appropriate and generally applicable charges to compensate for the cost of the service performed. (2) This section shall not apply to Federal in- come tax laws. (b) Transfer of designated real property (in- cluding any interest in real property) authorized by the amendments made by part 2 of this sub- title shall have the same effect for purposes of rights and priorities with respect to such prop- erty as recordation on the transfer date of ap- propriate deeds, or other appropriate instru- ments, in offices appointed under State law for such recordation, except that acquiring rail car- riers and other entities shall proffer such deeds or other instruments for recordation within 36 months after the transfer date as a condition of preserving such rights and priorities beyond the expiration of that period. Conrail shall cooper- ate in effecting the timely preparation, execu- tion, and proffering for recordation of such deeds and other instruments. (Pub. L. 97–35, title XI, § 1153, Aug. 13, 1981, 95 Stat. 677.) Editorial Notes REFERENCES IN TEXT This subtitle, referred to in subsecs. (a)(1) and (b), is subtitle E (§§ 1131–1169) of title XI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 643, known as the Northeast Rail Serv- ice Act of 1981. Part 2 (§§ 1136–1142) of subtitle E enacted sections 581 to 587, 727, 744a, and 761 to 769a of this title, amended sections 601 and 741 of this title, and enacted provisions set out as a note under section 744a of this title. For complete classification of this subtitle to the Code, see Short Title note set out under section 1101 of this title and Tables. § 1107. Repealed. Pub. L. 99–509, title IV, § 4033(c)(1)(C)(i)(I), Oct. 21, 1986, 100 Stat. 1908 Section, Pub. L. 97–35, title XI, § 1154, Aug. 13, 1981, 95 Stat. 677, provided that no distribution of assets of Con- rail could be made with respect to any claims of United States until all other valid claims against Conrail were satisfied or until arrangements had been made for their satisfaction. § 1108. Concerted economic action (a) Strikes interfering with rail freight service of Conrail Any person engaging in concerted economic action over disputes with Amtrak Commuter or any commuter authority shall not be entitled to engage in any strike against, or otherwise to in- duce any employee of, Conrail, where an effect thereof is to interfere with rail freight service provided by Conrail. (b) Strikes interfering with Amtrak Commuter’s rail passenger service Any person engaging in concerted economic action over disputes arising out of freight oper- ations provided by Conrail shall not be entitled to engage in any strike against, or otherwise to induce any employee of, Amtrak Commuter or any commuter authority, where an effect there- of is to interfere with rail passenger service. (c) Railway Labor Act deemed violated Any concerted action in violation of this sec- tion shall be deemed to be a violation of the Railway Labor Act [45 U.S.C. 151 et seq.]. (Pub. L. 97–35, title XI, § 1158, Aug. 13, 1981, 95 Stat. 682.) Editorial Notes REFERENCES IN TEXT The Railway Labor Act, referred to in subsec. (c), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see sec- tion 151 of this title and Tables. § 1109. Effectuation of cost reductions Any cost reductions resulting from the provi- sions of or the amendments made by this sub- title shall not be used to limit the maximum