45 U.S.C. § 748 — Abandonments

Page 209 TITLE 45—RAILROADS § 748 duce the contribution of such part or group of parts to losses, (D) the results of such efforts, and (E) such other information as the Associa- tion deems necessary or appropriate. (4) The Association shall (A) transmit to the Congress the first such monitoring report pursu- ant to paragraph (3) at the end of the first cal- endar quarter which begins after the end of the 90-day period for preparation and submission of the methodological information pursuant to paragraph (2), (B) report such monitoring infor- mation to the Congress at the end of the first quarter of each calendar year thereafter, (C) up- date methodological and monitoring informa- tion periodically as the Association deems nec- essary or appropriate, but in no case less fre- quently than once a year, and (D) where the re- sults of such updating are statistically signifi- cant or relevant to Congressional policymaking, report them and the reasons for their signifi- cance at the end of the calendar quarter in which the updating occurred. (Pub. L. 93–236, title III, § 307, as added Pub. L. 94–210, title VI, § 609, Feb. 5, 1976, 90 Stat. 99; amended Pub. L. 95–565, § 7, Nov. 1, 1978, 92 Stat. 2400.) Editorial Notes AMENDMENTS 1978—Subsec. (c). Pub. L. 95–565 added subsec. (c). Statutory Notes and Related Subsidiaries CONRAIL FUNDING STUDIES; REPORTS TO CONGRESS; RECOMMENDATIONS FOR FINANCIALLY SELF-SUS- TAINING RAIL SYSTEM; AVAILABILITY OF REC- OMMENDATIONS; PUBLICATION IN FEDERAL REGISTER; COMMENTS ON REPORTS; RECOMMENDATIONS BY SEC- RETARY ON FUTURE STRUCTURE AND OPERATIONS BY CORPORATION; IMMUNITY FROM ANTITRUST LAWS; ANALYSIS OF EFFECTS ON CORPORATION AND EMPLOY- EES OF ALTERNATIVE CHANGES IN LABOR AGREE- MENTS AND RELATED OPERATIONAL CHANGES; PROJEC- TIONS ON BENEFITS, CHANGES, SAVINGS, AND IN- CREASED REVENUES Pub. L. 96–448, title VII, § 703(a)–(d), Oct. 14, 1980, 94 Stat. 1962, directed the United States Railway Associa- tion and the Consolidated Rail Corporation, not later than Apr. 1, 1980 (which probably should have been Apr. 1, 1981) to each submit a report to Congress analyzing the impact, upon the Corporation, rail service in the re- gion, railroad employees, the economy of the region, other rail carriers in the region and elsewhere, and the Federal budget, of no further Federal funding for the Corporation, continued Federal funding of the rail sys- tem of the Corporation as then structured, and future Federal funding of the Corporation to the extent nec- essary to preserve rail service in the region which could be self-supporting, without undue interim disruption of operations, required publication of these reports in the Federal Register, directed the Interstate Commerce Commission, not later than May 1, 1981, to submit to Congress its comments on the report of the Associa- tion, the Secretary of Transportation, and the Corpora- tion, directed the Secretary of Transportation, not later than Apr. 1, 1981, to submit to Congress his rec- ommendations with respect to the future structure and operations of the Corporation, and not later than May 1, 1981, to submit to Congress his comments and rec- ommendations with respect to the reports of the Asso- ciation and Corporation, provided that the antitrust laws as defined in section 791(a)(3) of this title not apply to any action of the Association or Secretary of Transportation prior to May 1, 1981, directed the Cor- poration, not later than Mar. 15, 1981 to submit to Con- gress an analysis of the effects upon the Corporation and its employees of alternative changes in labor agreements and related operational changes, including an analysis of any Federal funding that would be re- quired, and directed the Corporation, not later than Jan. 15, 1981, to submit to the Association its projec- tions of the benefits to the Corporation of the Staggers Rail Act of 1980, Pub. L. 96–448, Oct. 14, 1980, 94 Stat. 1895, its projections of changes needed in the structure of the rail system of the Corporation, including prop- erties which might be abandoned or transferred, and other projections of potential savings or increased rev- enues to the Corporation. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsecs. (b) and (c)(4)(B) of this section relating to the requirement that the Association submit annual re- ports to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 11th and 12th items on page 195 of House Document No. 103–7. 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. § 748. Abandonments (a) General The Corporation may, in accordance with this section, file with the Commission an application for a certificate of abandonment for any line which is part of the system of the Corporation. Any such application shall be governed by this section and shall not, except as specifically pro- vided in this section, be subject to the provi- sions of chapter 109 of title 49. (b) Applications for abandonment Any application for abandonment that is filed by the Corporation under this section before De- cember 1, 1981, shall be granted by the Commis- sion within 90 days after the date such applica- tion is filed unless, within such 90-day period, an offer of financial assistance is made in accord- ance with subsection (d) of this section with re- spect to the line to be abandoned. (c) Notice of insufficient revenues (1) The Corporation may, prior to November 1, 1985, file with the Commission a notice of insuf- ficient revenues for any line which is part of the system of the Corporation. (2) At any time after the 90-day period begin- ning with the filing of a notice of insufficient revenues for a line, the Corporation may file an application for abandonment for such line. An application for abandonment that is filed by the Corporation under this subsection for a line for which a notice of insufficient revenues was filed under paragraph (1) shall be granted by the Commission within 90 days after the date such application is filed unless, within such 90-day period, an offer of financial assistance is made in accordance with subsection (d) of this section with respect to such line. Page 210 TITLE 45—RAILROADS §§ 761 to 769c 1 So in original. Section 10903(b) of Title 49, Transportation, does not contain a par. (3). 2 See References in Text note below. (d) Offers of financial assistance (1) The provisions of section 10904 of title 49 (including the timing requirements of sub- section (d) thereof) shall apply to any offer of fi- nancial assistance under subsection (b) or (c) of this section. (2) The Corporation shall provide any person that intends to make an offer of financial assist- ance under subsection (b) or (c) of this section with such information as the Commission may require. (e) Liquidation (1) If any application for abandonment is granted under subsection (b) of this section, the Commission shall, as soon as practicable, ap- praise the net liquidation value of the line to be abandoned, and shall publish notice of such ap- praisal in the Federal Register. (2) Appraisals made under paragraph (1) shall not be appealable. (3)(A) If, within 120 days after the date on which an appraisal is published in the Federal Register under paragraph (1), the Corporation receives a bona fide offer for the sale, for 75 per- cent of the amount at which the liquidation value of such line was appraised by the Commis- sion, of the line to be abandoned, the Corpora- tion shall sell such line and the Commission shall, unless the parties otherwise agree, estab- lish an equitable division of joint rates for through routes over such lines. (B) If the Corporation receives no bona fide offer under subparagraph (A), within such 120- day period, the Corporation may abandon or dis- pose of the line as it chooses, except that the Corporation may not dismantle bridges, or other structures (not including rail, signals, and other rail facilities) for 120 days thereafter. The Sec- retary may require that bridges or other struc- tures (not including rail, signals, and other rail facilities), not be dismantled for an additional 8 months if he assumes all liability of any sort re- lated to such property. (4) If the purchaser under paragraph (3)(A) of this subsection of any line of the Corporation abandons such line within five years after such purchase, the proceeds of any track liquidations shall be paid into the general fund of the Treas- ury of the United States. (f) Employee protection The provisions of section 10903(b)(3) 1 of title 49 shall not apply to any abandonment granted under this section. Any employee who was pro- tected by the compensatory provisions of sub- chapter V 2 of this chapter immediately prior to August 13, 1981, who is deprived of employment by such an abandonment shall be eligible for employee protection under section 797 2 of this title. (Pub. L. 93–236, title III, § 308, as added Pub. L. 97–35, title XI, § 1156(a), Aug. 13, 1981, 95 Stat. 679; amended Pub. L. 98–181, title II, § 2003(c)(2), Nov. 30, 1983, 97 Stat. 1298; Pub. L. 104–88, title III, § 327(4), Dec. 29, 1995, 109 Stat. 952.) Editorial Notes REFERENCES IN TEXT Subchapter V of this chapter, referred to in subsec. (f), was repealed by Pub. L. 97–35, title XI, § 1144(a)(1), Aug. 13, 1981, 95 Stat. 669. Section 797 of this title, referred to in subsec. (f), was repealed by Pub. L. 99–509, title IV, § 4024(c), Oct. 21, 1986, 100 Stat. 1904, effective on the sale date (Apr. 2, 1987). AMENDMENTS 1995—Subsec. (d)(1). Pub. L. 104–88, § 327(4)(A), sub- stituted ‘‘section 10904’’ for ‘‘section 10905(d)–(f)’’. Subsec. (f). Pub. L. 104–88, § 327(4)(B), substituted ‘‘section 10903(b)(3)’’ for ‘‘section 10903(b)(2)’’. 1983—Subsec. (c)(1). Pub. L. 98–181 substituted ‘‘1985’’ for ‘‘1983’’. Statutory Notes and Related Subsidiaries 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 Section effective Aug. 13, 1981, see section 1169 of Pub. L. 97–35, set out as a note under section 1101 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. SUBCHAPTER IV—TRANSFER OF FREIGHT SERVICES §§ 761 to 769c. Repealed. Pub. L. 99–509, title IV, § 4033(a)(1), Oct. 21, 1986, 100 Stat. 1908 Section 761, Pub. L. 93–236, title IV, § 401, as added Pub. L. 97–35, title XI, § 1142, Aug. 13, 1981, 95 Stat. 654, related to sale of interest of United States in common stock of Consolidated Rail Corporation. A prior section 761, Pub. L. 93–236, title IV, § 401, Jan. 2, 1974, 87 Stat. 1010, related to Congressional findings and purpose in providing for a program of rail service continuation subsidies, prior to repeal by Pub. L. 94–210, title VIII, § 806, Feb. 5, 1976, 90 Stat. 143, eff. Apr. 1, 1978. Section 762, Pub. L. 93–236, title IV, § 402, as added Pub. L. 97–35, title XI, § 1142, Aug. 13, 1981, 95 Stat. 655, related to debt and preferred stock of Consolidated Rail Corporation. A prior section 762, Pub. L. 93–236, title IV, § 402, Jan. 2, 1974, 87 Stat. 1010; Pub. L. 93–488, § 1(d), Oct. 26, 1974, 88 Stat. 1464; Pub. L. 94–210, title VIII, § 805(a), Feb. 5, 1976, 90 Stat. 139, directed Secretary to provide finan- cial assistance to States and local or regional transpor- tation authorities in facilitating and maintaining main line or local rail service, prior to repeal by Pub. L. 94–210, title VIII, § 806, Feb. 5, 1976, 90 Stat. 143, eff. Apr. 1, 1978. Section 763, Pub. L. 93–236, title IV, § 403, as added Pub. L. 97–35, title XI, § 1142, Aug. 13, 1981, 95 Stat. 655, related to determinations about profitability of Con- solidated Rail Corporation.