45 U.S.C. § 1104 — Definitions

Page 242 TITLE 45—RAILROADS § 1104 section referred to as ‘‘nonagreement per- sonnel’’) should forego wage increases and ben- efits in an amount proportionately equivalent to the amount foregone by agreement employ- ees pursuant to paragraph (4) of this section, adjusted annually to reflect inflation. (B) After May 1, 1981, the number of non- agreement personnel should be reduced pro- portionately to any reduction in agreement employees (excluding reductions pursuant to the termination program under section 797a of this title). (2) Suppliers To facilitate the orderly movement of goods in interstate commerce, materials and serv- ices should continue to be available to Con- rail, under normal business practices, includ- ing the provision of credit and normal financ- ing arrangements. (3) Shippers Conrail should utilize the revenue opportu- nities available to it under the Staggers Rail Act of 1980 and subtitle IV of title 49. (4) Agreement employees (A) Conrail should enter into collective bar- gaining agreements with its employees which would reduce Conrail’s costs in an amount equal to $200,000,000 a year, beginning April 1, 1981, adjusted annually to reflect inflation. (B) Agreements under this subparagraph may provide for reductions in wage increases and for changes in fringe benefits common to agreement employees, including vacations and holidays. (C) The cost reductions required under this subparagraph in the first year of the agree- ment may be deferred, but the aggregate cost reductions should be no less than an average of $200,000,000 per year for each of the first three one-year periods beginning April 1, 1981. (D) The amount of cost reductions provided under this paragraph shall be calculated by subtracting the cost of an agreement entered into under this paragraph from (i) the cost that would otherwise result from the applica- tion of the national agreement reached by railroad industry and its employees, or (ii) until such national agreement is reached, the cost which the United States Railway Associa- tion estimates would result from the applica- tion of such a national agreement. (Pub. L. 97–35, title XI, § 1134, Aug. 13, 1981, 95 Stat. 645.) Editorial Notes REFERENCES IN TEXT This subtitle, referred to in text, is subtitle E (§§ 1131–1169) of title XI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 643, known as the Northeast Rail Service Act of 1981. For complete classification of this subtitle to the Code, see Short Title note set out under section 1101 of this title and Tables. The Staggers Rail Act of 1980, referred to in par. (3), is Pub. L. 96–448, Oct. 14, 1980, 94 Stat. 1895. For com- plete classification of this Act to the Code, see Short Title of 1980 Amendment note set out under section 10101 of Title 49, Transportation, and Tables. Statutory Notes and Related Subsidiaries ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF FUNCTIONS AND SECURITIES See section 1341 of this title. § 1104. Definitions As used in this subtitle, unless the context otherwise requires, the term: (1) ‘‘Amtrak’’ means the National Railroad Passenger Corporation created under chapter 243 of title 49. (2) ‘‘Commission’’ means the Interstate Commerce Commission. (3) ‘‘Commuter authority’’ means any State, local, or regional authority, corporation, or other entity established for purposes of pro- viding commuter service, and includes the Metropolitan Transportation Authority, the Connecticut Department of Transportation, the Maryland Department of Transportation, the Southeastern Pennsylvania Transpor- tation Authority, the New Jersey Transit Cor- poration, the Massachusetts Bay Transpor- tation Authority, the Port Authority Trans- Hudson Corporation, any successor agencies, and any entity created by one or more such agencies for the purpose of operating, or con- tracting for the operation of, commuter serv- ice. (4) ‘‘Commuter service’’ means short-haul rail passenger service operated in metropoli- tan and suburban areas, whether within or across the geographical boundaries of a State, usually characterized by reduced fare, mul- tiple-ride, and commutation tickets, and by morning and evening peak period operations. (5) ‘‘Conrail’’ means the Consolidated Rail Corporation created under title III of the Re- gional Rail Reorganization Act of 1973 (45 U.S.C. 741 et seq.). (6) ‘‘Rail carrier’’ means a common carrier engaged in interstate or foreign commerce by rail subject to subtitle IV of title 49. (7) ‘‘Secretary’’ means the Secretary of Transportation. (8) ‘‘Special court’’ means the judicial panel established under section 209(b)(1) of the Re- gional Rail Reorganization Act of 1973 (45 U.S.C. 719(b)(1)) or, with respect to any pro- ceedings that arise or continue after the panel is abolished pursuant to section 209(b)(2) of such Act [45 U.S.C. 719(b)(2)], the United States District Court for the District of Co- lumbia. (Pub. L. 97–35, title XI, § 1135(a), Aug. 13, 1981, 95 Stat. 645; Pub. L. 104–317, title VI, § 605(c)(3), Oct. 19, 1996, 110 Stat. 3859.) Editorial Notes REFERENCES IN TEXT This subtitle, referred to in text, is subtitle E (§§ 1131–1169) of title XI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 643, known as the Northeast Rail Service Act of 1981. For complete classification of this subtitle to the Code, see Short Title note set out under section 1101 of this title and Tables. The Regional Rail Reorganization Act of 1973, re- ferred to in par. (5), is Pub. L. 93–236, Jan. 2, 1974, 87 Stat. 985. Title III of the Regional Rail Reorganization Act of 1973 is classified generally to subchapter III (§ 741 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