§1003 — Title 45 Railroads | U.S. Code

Summary

The Commission must order temporary rail service for up to 90 days on any Rock Island Railroad line when the Secretary certifies one of two things: service is missing and giving temporary operating permission won’t fix it and either (1) grains or foods are ready to be shipped, or (2) a rail carrier, shipper, State, or other interested party has told the Secretary in writing they want to buy, lease, or repair the line and the deal is likely to happen. The Secretary may give the Commission up to $15,000,000 from the Railroad Rehabilitation and Improvement Fund for this temporary service. Those funds can be used without following the usual RRIF findings or rules, including section 22404. Existing payment and shared‑use agreements in effect on or after March 15, 1980 must continue during the temporary service, with the temporary carrier stepping into the trustee’s place for payments, and this does not change the parties’ long‑term rights or affect related disputes (except where Rock Island received better bankruptcy treatment).

Title 45, §1003

Railroads — Source: USLM XML via OLRC

(a)Notwithstanding the provisions of Public Law 96–131, the Commission shall order directed service for a period of not to exceed 90 days over any line of the Rock Island Railroad if the Secretary finds and certifies to the Commission that—

(1)a lack of rail service exists which cannot be resolved by a grant of interim operating authority over such line and grains or foods are ready to be shipped to market; or

(2)a lack of rail service exists which cannot be resolved by a grant of interim operating authority over such line and a rail carrier, shipper, State, or other interested party has expressed in writing to the Secretary an interest in purchasing, leasing, or rehabilitating the particular rail line or facility for purposes of providing rail services, and there is a reasonable expectation that such transaction will be consummated.

(b)(1)Not more than $15,000,000 of the funds available for expenditure by the Secretary out of the Railroad Rehabilitation and Improvement Fund established under chapter 224 of title 49 may be made available by the Secretary to the Commission for purposes of providing directed service under this section.

(2)Funds may be made available for directed service under this section without regard to the findings of the Secretary required under chapter 224 of title 49, including section 22404 of such title, shall not apply to any directed service provided with such funds.

(c)The terms of compensation for all trackage rights, joint facilities, and similar arrangements between other rail carriers and the trustee of the Rock Island Railroad which are in effect on or after March 15, 1980, on portions of the lines of the Rock Island Railroad involved in temporary emergency operations shall be continued in effect during the duration of the temporary emergency operating authority with the carrier providing temporary emergency service substituting for the trustee, except where the Rock Island Railroad has been given more favorable treatment by virtue of its bankruptcy. Such continuation shall not alter or affect the ultimate rights of other rail carriers under trackage rights, joint facilities, or similar arrangements nor prejudice the ultimate determination of any controversy or proceeding concerning rights of the parties with regard to assignment by the trustee of rights in or to the facilities or under the arrangements.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Public Law 96–131, referred to in subsec. (a), is Pub. L. 96–131, Nov. 30, 1979, 93 Stat. 1023, known as the Department of Transportation and Related Agencies Appropriation Act, 1980, which enacted provisions set out as notes under former section 851 of this title, section 501 of Title 14, Coast Guard, and section 106 and former section 10344 of Title 49, Transportation. For complete classification of this Act to the Code, see Tables.

Amendments

2021—Subsec. (b)(1). Pub. L. 117–58, § 21301(j)(3)(F)(i), substituted “chapter 224 of title 49” for “title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)” and struck out “and section 916(b) of this title” before period at end. Subsec. (b)(2). Pub. L. 117–58, § 21301(j)(3)(F)(ii), substituted “chapter 224 of title 49, including section 22404 of such title,” for “title V of the Railroad Revitalization and Regulatory Reform Act of 1976, and section 516 of such Act (45 U.S.C. 836)”. 1995—Subsec. (a). Pub. L. 104–88 substituted “the provisions of Public Law 96–131” for “the provisions of section 11125 of title 49 or Public Law 96–131”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1995 AmendmentAmendment 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, Transportation. Abolition of Interstate Commerce Commission and

Transfer of Functions

Interstate Commerce Commission abolished and functions 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 appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49.

§1003 Service Continuation

Summary

Title 45, §1003

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Transfer of Functions

Citations & Metadata