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 Repealed.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 is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. § 918. Authority of Railroad Retirement Board (a) The Board may prescribe such regulations as may be necessary to carry out its duties under this chapter. (b) In carrying out its duties under this chap- ter, the Board may exercise such of the powers, duties, and remedies provided in subsections (a), (b), and (d) of section 362 of this title as are not inconsistent with the provisions of this chapter. (Pub. L. 96–101, § 20, Nov. 4, 1979, 93 Stat. 746.) § 919. Publications and reports (a) Within 30 days after November 4, 1979, the Board shall publish, and make available for dis- tribution by the Milwaukee Railroad to all its employees, a document which describes in detail the rights of such employees under sections 907, 908, 909, 910,1 and 911 of this title. (b) During the 2-year period beginning on No- vember 4, 1979, the Board shall submit a report to the Congress every 6 months describing its activities under this chapter. (Pub. L. 96–101, § 21, Nov. 4, 1979, 93 Stat. 746.) Editorial Notes REFERENCES IN TEXT Section 909 of this title, referred to in subsec. (a), was in the original ‘‘section 10’’, meaning section 10 of Pub. L. 96–101, Nov. 4, 1979, 93 Stat. 741. Subsecs. (a) to (g) of section 10 are classified to section 909 of this title. Sub- sec. (h) of section 10 amended section 231f(b)(7) of this title. Section 910 of this title, referred to in subsec. (a), was repealed by Pub. L. 97–35, title XI, § 1144(b), Aug. 13, 1981, 95 Stat. 669. § 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 aban- don or discontinue service over any part of its railroad system. (b) The Milwaukee Railroad shall comply with the requirements of subsection (a) of this sec- tion until— (1) an employee or employee-shipper owner- ship plan is not submitted to the Interstate Commerce Commission within the time period prescribed under section 905(a) of this title; (2) the proposed plan is found by the Com- mission not to be feasible or the Commission does not act within 30 days; (3) the proposed plan is found by the bank- ruptcy 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. (Pub. L. 96–101, § 22, Nov. 4, 1979, 93 Stat. 746.) 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. § 921. Office of Rail Public Counsel The Office of Rail Public Counsel may appear and be heard in the case in the bankruptcy court involving the reorganization of the Milwaukee Railroad, for purposes of representing affected shippers, localities, and municipalities with re- spect to the proposed abandonment of any line of the Milwaukee Railroad. (Pub. L. 96–101, § 25, Nov. 4, 1979, 93 Stat. 747.)