§10903 — Title 49 Transportation | U.S. Code

Summary

A railroad that plans to abandon part of its tracks or stop all train service on part of its lines must file an application with the Board. The filing must explain in plain terms why the railroad wants to do this, say that people can make recommendations about the line’s future, state the line is available for subsidy or sale under section 10904, promise to promptly give interested parties an estimate of the annual subsidy and a minimum sale price (calculated under section 10904), and give the name and business address of the person who can discuss those terms. Before filing, the railroad must notify officials and the public: send a certified letter to each affected State’s chief executive, post notices in terminals and stations on the affected parts, publish the notice for 3 consecutive weeks in local newspapers where the line is located, and, if practicable, mail the notice to shippers who made significant use of the line in the prior 12 months. The carrier must attach an affidavit saying these notice steps were done within the 30 days before filing. The carrier must keep and update a system diagram showing lines that could be abandoned and any lines it plans to file about. The Board may approve, modify with conditions, or deny the application, and must require employee protections at least as favorable as those in sections 11326(a) and 24706(c) as they existed before May 31, 1998.

Title 49, §10903

Transportation — Source: USLM XML via OLRC

(a)(1)A rail carrier providing transportation subject to the jurisdiction of the Board under this part who intends to—

(A)abandon any part of its railroad lines; or

(B)discontinue the operation of all rail transportation over any part of its railroad lines,

(2)When a rail carrier providing transportation subject to the jurisdiction of the Board under this part files an application, the application shall include—

(A)an accurate and understandable summary of the rail carrier’s reasons for the proposed abandonment or discontinuance;

(B)a statement indicating that each interested person is entitled to make recommendations to the Board on the future of the rail line; and

(C)(i)a statement that the line is available for subsidy or sale in accordance with section 10904 of this title, (ii) a statement that the rail carrier will promptly provide to each interested party an estimate of the annual subsidy and minimum purchase price, calculated in accordance with section 10904 of this title, and (iii) the name and business address of the person who is authorized to discuss the subsidy or sale terms for the rail carrier.

(3)The rail carrier shall—

(A)send by certified mail notice of the application to the chief executive officer of each State that would be directly affected by the proposed abandonment or discontinuance;

(B)post a copy of the notice in each terminal and station on each portion of a railroad line proposed to be abandoned or over which all transportation is to be discontinued;

(C)publish a copy of the notice for 3 consecutive weeks in a newspaper of general circulation in each county in which each such portion is located;

(D)mail a copy of the notice, to the extent practicable, to all shippers that have made significant use (as designated by the Board) of the railroad line during the 12 months preceding the filing of the application; and

(E)attach to the application filed with the Board an affidavit certifying the manner in which subparagraphs (A) through (D) of this paragraph have been satisfied, and certifying that subparagraphs (A) through (D) have been satisfied within the most recent 30 days prior to the date the application is filed.

(b)(1)Except as provided in subsection (d), abandonment and discontinuance may occur as provided in section 10904.

(2)The Board shall require as a condition of any abandonment or discontinuance under this section provisions to protect the interests of employees. The provisions shall be at least as beneficial to those interests as the provisions established under section 11326(a) and 24706(c) 11 See References in Text note below. of this title before May 31, 1998.

(c)(1)In this subsection, the term “potentially subject to abandonment” has the meaning given the term in regulations of the Board. The regulations may include standards that vary by region of the United States and by railroad or group of railroads.

(2)Each rail carrier shall maintain a complete diagram of the transportation system operated, directly or indirectly, by the rail carrier. The rail carrier shall submit to the Board and publish amendments to its diagram that are necessary to maintain the accuracy of the diagram. The diagram shall—

(A)include a detailed description of each of its railroad lines potentially subject to abandonment; and

(B)identify each railroad line for which the rail carrier plans to file an application to abandon or discontinue under subsection (a) of this section.

(d)A rail carrier providing transportation subject to the jurisdiction of the Board under this part may—

(1)abandon any part of its railroad lines; or

(2)discontinue the operation of all rail transportation over any part of its railroad lines;

(e)Subject to this section and section 10904 and 10905 of this title, if the Board—

(1)finds public convenience and necessity, it shall—

(A)approve the application as filed; or

(B)approve the application with modifications and require compliance with conditions that the Board finds are required by public convenience and necessity; or

(2)fails to find public convenience and necessity, it shall deny the application.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 24706(c) of this title, referred to in subsec. (b)(2), was repealed by Pub. L. 105–134, title I, § 142(a), Dec. 2, 1997, 111 Stat. 2576, effective 180 days after Dec. 2, 1997.

Prior Provisions

A prior section 10903, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1403; Pub. L. 96–448, title IV, § 402(a), Oct. 14, 1980, 94 Stat. 1941; Pub. L. 98–216, § 2(14), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, § 5(m)(24), July 5, 1994, 108 Stat. 1378, related to authorizing abandonment and discontinuance of railroad lines and rail transportation.

Amendments

2012—Subsec. (b)(2). Pub. L. 112–141 substituted “24706(c) of this title before May 31, 1998” for “24706(c) of this title”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. Railroad Branchline Abandonments by Burlington Northern Railroad in North Dakota Pub. L. 97–102, title IV, § 402, Dec. 23, 1981, 95 Stat. 1465, as amended by Pub. L. 102–143, title III, § 343, Oct. 28, 1991, 105 Stat. 948, provided that: “Notwithstanding any other provision of law or of this Act, none of the funds provided in this or any other Act shall hereafter be used by the Interstate Commerce Commission to approve railroad branchline abandonments in the State of North Dakota by the entity generally known as the Burlington Northern Railroad, or its agents or assignees, in excess of a total of 350 miles, except that exempt abandonments and discontinuances that are effectuated pursuant to section 1152.50 of title 49 of the Code of Federal

Regulations

after the date of enactment of the Department of Transportation and Related Agencies Appropriations Act, 1992 [Oct. 28, 1991], shall not apply toward such 350-mile limit: Provided, That this section shall be in lieu of section 311 (amendment numbered 93) as set forth in the conference report and the joint explanatory statement of the committee of conference on the Department of Transportation and Related Agencies Appropriations Act, 1982 (H.R. 4209), filed in the House of Representatives on November 13, 1981 (H. Rept. No. 97–331).” [section 311 of H.R. 4209 is section 311 of Pub. L. 97–102, title III, Dec. 23, 1981, 95 Stat. 1460, which is not classified to the Code.] Similar provisions were contained in Pub. L. 97–92, title IV, § 115, Dec. 15, 1981, 95 Stat. 1196. [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 this title, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title. 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 this title.]

§10903 Filing and Procedure for Application to Abandon or Discontinue

Summary

Title 49, §10903

Notes & Related Subsidiaries

Editorial Notes

References in Text

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Regulations

Citations & Metadata