US (United States) Code. Title 45. Chapter 20: Northeast Rail Service

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Railroads

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-CITE-

45 USC CHAPTER 20 - NORTHEAST RAIL SERVICE 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-

CHAPTER 20 - NORTHEAST RAIL SERVICE

-MISC1-

Sec.

1101. Congressional findings and declarations.

1102. Statement of purpose.

1103. Goals and objectives.

1104. Definitions.

1105. Judicial review.

(a) Special court; exclusive jurisdiction for civil

actions.

(b) Appeal.

(c) Scope of review of administrative actions.

1106. Exemption from transfer taxes and fees; recordation.

1107. Repealed.

1108. Concerted economic action.

(a) Strikes interfering with rail freight service

of Conrail.

(b) Strikes interfering with Amtrak Commuter's rail

passenger service.

(c) Railway Labor Act deemed violated.

1109. Effectuation of cost reductions.

1110, 1111. Repealed.

1112. Interstate Commerce Commission proceedings.

(a) Final decisions involving railroads in

bankruptcy.

(b) Final decisions involving profitable railroads.

(c) Interest of United States attaching in

bankruptcy, liquidation, abandonment, etc.

1113. Intercity passenger service.

(a) Responsibility of Conrail to provide crews

terminated; negotiations for employee

transfers.

(b) Eligibility of employees for employee

protection benefits.

1114. Repealed.

1115. Redemption of stock.

1116. Applicability of other laws.

-End-

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45 USC Sec. 1101 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-

Sec. 1101. Congressional findings and declarations

-STATUTE-

The Congress finds and declares that -

(1) the processes set in motion by the Regional Rail

Reorganization Act of 1973 [45 U.S.C. 701 et seq.] have failed to

create a self-sustaining railroad system in the Northeast region

of the United States and have cost United States taxpayers many

billions of dollars over original estimates;

(2) current arrangements for the provision of rail freight and

commuter service in the Northeast and Midwest regions of the

United States are inadequate to meet the transportation needs of

the public and the needs of national security;

(3) although the Federal Government has provided billions of

dollars in assistance for Conrail and its employees, the Federal

interest in ensuring the flow of interstate commerce through rail

service in the private sector has not been achieved, and the

protection of interstate commerce requires Federal intervention

to preserve essential rail service in the private sector;

(4) the provisions for protection of employees of bankrupt

railroads contained in the Regional Rail Reorganization Act of

1973 [45 U.S.C. 701 et seq.] have resulted in the payment of

benefits far in excess of levels anticipated at the time of

enactment, have imposed an excessive fiscal burden on the Federal

taxpayer, and are now an obstacle to the establishment of

improved rail service and continued rail employment in the

Northeast region of the United States; and

(5) since holding Conrail liable for employee protection

payments would destroy its prospects of becoming a profitable

carrier and further injure its employees, an alternative employee

protection system must be developed and funded.

-SOURCE-

(Pub. L. 97-35, title XI, Sec. 1132, Aug. 13, 1981, 95 Stat. 644.)

-REFTEXT-

REFERENCES IN TEXT

The Regional Rail Reorganization Act of 1973, referred to in

pars. (1) and (4), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985,

as amended, which is classified principally to chapter 16 (Sec. 701

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 701 of this

title and Tables.

-MISC1-

EFFECTIVE DATE

Section 1169 of subtitle E (Secs. 1131-1169) of title XI of Pub.

L. 97-35 provided that: "Except as otherwise provided, the

provisions of and the amendments made by this subtitle [see Short

Title note set out below] shall take effect on the date of the

enactment of this subtitle [Aug. 13, 1981]."

SHORT TITLE

Section 1131 of subtitle E (Secs. 1131-1169) of title XI of Pub.

L. 97-35 provided that: "This subtitle [enacting this chapter, and

sections 159a, 581 to 590, 727 to 729, 744a, 748, 761 to 769c, and

797 to 797m of this title, amending sections 601, 702, 711 to 713,

724, 741, 743, 745, 821, 825, and 829 of this title, repealing

sections 771 to 780, 910, and 1006 of this title, and enacting

provisions set out as notes under sections 744a, 771, and 1101 of

this title] may be cited as the 'Northeast Rail Service Act of

1981'."

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Northeast Rail Service Act of 1981 is referred to in section

797d of this title.

-End-

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45 USC Sec. 1102 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-

Sec. 1102. Statement of purpose

-STATUTE-

It is therefore declared to be the purpose of the Congress in

this subtitle to provide for -

(1) the removal by a date certain of the Federal Government's

obligation to subsidize the freight operations of Conrail;

(2) transfer of Conrail commuter service responsibilities to

one or more entities whose principal purpose is the provision of

commuter service; and

(3) an orderly return of Conrail freight service to the private

sector.

-SOURCE-

(Pub. L. 97-35, title XI, Sec. 1133, Aug. 13, 1981, 95 Stat. 644.)

-REFTEXT-

REFERENCES IN TEXT

This subtitle, referred to in text, is subtitle E (Secs.

1131-1169) of title XI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat.

643, as amended, 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.

-End-

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45 USC Sec. 1103 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-

Sec. 1103. Goals and objectives

-STATUTE-

It is the goal of this subtitle to provide Conrail the

opportunity to become profitable through the achievement of the

following objectives:

(1) Nonagreement personnel

(A) Employees who are not subject to collective bargaining

agreements (hereafter in this section referred to as

"nonagreement personnel") should forego wage increases and

benefits in an amount proportionately equivalent to the amount

foregone by agreement employees pursuant to paragraph (4) of this

section, adjusted annually to reflect inflation.

(B) After May 1, 1981, the number of nonagreement personnel

should be reduced proportionately 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 services should continue to be available

to Conrail, under normal business practices, including the

provision of credit and normal financing arrangements.

(3) Shippers

Conrail should utilize the revenue opportunities 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 bargaining 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 agreement 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 application 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 Association estimates would result from the

application of such a national agreement.

-SOURCE-

(Pub. L. 97-35, title XI, Sec. 1134, Aug. 13, 1981, 95 Stat. 645.)

-REFTEXT-

REFERENCES IN TEXT

This subtitle, referred to in text, is subtitle E (Secs.

1131-1169) of title XI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat.

643, as amended, 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, as amended. For complete

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.

-TRANS-

ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF

FUNCTIONS AND SECURITIES

See section 1341 of this title.

-End-

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45 USC Sec. 1104 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-

Sec. 1104. Definitions

-STATUTE-

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 providing commuter service, and includes the Metropolitan

Transportation Authority, the Connecticut Department of

Transportation, the Maryland Department of Transportation, the

Southeastern Pennsylvania Transportation Authority, the New

Jersey Transit Corporation, the Massachusetts Bay Transportation

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 contracting for the

operation of, commuter service.

(4) "Commuter service" means short-haul rail passenger service

operated in metropolitan and suburban areas, whether within or

across the geographical boundaries of a State, usually

characterized by reduced fare, multiple-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 Regional 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 Regional Rail Reorganization Act of 1973

(45 U.S.C. 719(b)(1)) or, with respect to any proceedings 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 Columbia.

-SOURCE-

(Pub. L. 97-35, title XI, Sec. 1135(a), Aug. 13, 1981, 95 Stat.

645; Pub. L. 104-317, title VI, Sec. 605(c)(3), Oct. 19, 1996, 110

Stat. 3859.)

-REFTEXT-

REFERENCES IN TEXT

This subtitle, referred to in text, is subtitle E (Secs.

1131-1169) of title XI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat.

643, as amended, 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, referred to in par.

(5), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as amended.

Title III of the Regional Rail Reorganization Act of 1973 is

classified generally to subchapter III (Sec. 741 et seq.) of

chapter 16 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 701 of this

title and Tables.

-COD-

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, Sec. 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.

-MISC1-

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 section 209 of the Regional Rail

Reorganization Act of 1973 (45 U.S.C. 719)."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-317 effective 90 days after Oct. 19,

1996, and except as otherwise provided, applicable proceedings that

arise or continue after such effective date, see section 605(e) of

Pub. L. 104-317, set out as a note under section 719 of this title.

-TRANS-

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 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 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 701 of Title 49.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 24905.

-End-

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45 USC Sec. 1105 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-

Sec. 1105. Judicial review

-STATUTE-

(a) Special court; exclusive jurisdiction for civil actions

Notwithstanding any other provision of law, the special court

shall have original and exclusive jurisdiction over any civil

action -

(1) for injunctive, declaratory, or other relief relating to

the enforcement, operation, execution, 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 thereunder to the extent such action

is subject to judicial review;

(2) challenging the constitutionality 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.];

(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 discoverable

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 Constitution and resulting from the operation 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.].

(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 reviewable 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 unlawful under standards

established for review of informal agency action under paragraphs

(2)(A), (B), (C), and (D) of section 706 of title 5. The

requirements of this subtitle or part 2 of the Conrail

Privatization Act [45 U.S.C. 1311 et seq.], as the case may be,

shall constitute the exclusive procedures required by law for such

administrative action.

-SOURCE-

(Pub. L. 97-35, title XI, Sec. 1152, Aug. 13, 1981, 95 Stat. 676;

Pub. L. 99-509, title IV, Sec. 4033(c)(1)(A), Oct. 21, 1986, 100

Stat. 1908; Pub. L. 100-352, Sec. 6(f), June 27, 1988, 102 Stat.

664; Pub. L. 104-317, title VI, Sec. 605(b)(3), (c)(4), Oct. 19,

1996, 110 Stat. 3859.)

-REFTEXT-

REFERENCES IN TEXT

This subtitle, referred to in subsecs. (a) and (c), is subtitle E

(Secs. 1131-1169) of title XI of Pub. L. 97-35, Aug. 13, 1981, 95

Stat. 643, as amended, 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 Conrail Privatization Act, referred to in subsecs. (a) and

(c), is subtitle A (Secs. 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 (Sec. 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.

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-317, Sec. 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 certiorari 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, Sec. 605(c)(4), struck out subsec.

(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 authorized by section 1407 of title 28

for the assignment of additional judges to the special court.

Within 30 days after the date of such application, the panel shall

assign 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 reviewable 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, Sec. 4033(c)(1)(A)(i),

inserted "or part 2 of the Conrail Privatization Act" after

"subtitle" wherever appearing.

Subsec. (c). Pub. L. 99-509, Sec. 4033(c)(1)(A), inserted "or

part 2 of the Conrail Privatization Act" after "subtitle" in first

sentence and "or part 2 of the Conrail Privatization Act, as the

case may be," after "subtitle" in second sentence.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-317 effective 90 days after Oct. 19,

1996, and except as otherwise provided, applicable to proceedings

that arise or continue after such effective date, see section

605(e) of Pub. L. 104-317, set out as a note under section 719 of

this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-352 effective ninety days after June 27,

1988, except that such amendment not to apply to cases pending in

Supreme Court on such effective date or affect right to review or

manner of reviewing judgment or decree of court which was entered

before such effective date, see section 7 of Pub. L. 100-352, set

out as a note under section 1254 of Title 28, Judiciary and

Judicial Procedure.

CASES PENDING IN SPECIAL COURT

For applicability of amendment by Pub. L. 104-317 to cases

pending in special court established under section 719(b) of this

title, see section 605(d) of Pub. L. 104-317, set out as a note

under section 719 of this title.

-TRANS-

ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF

FUNCTIONS AND SECURITIES

See section 1341 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 719, 797m, 1115 of this

title.

-End-

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45 USC Sec. 1106 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-

Sec. 1106. Exemption from transfer taxes and fees; recordation

-STATUTE-

(a)(1) All transfers or conveyances of any interest in rail

property (whether real, personal, or mixed) which are made under

any provision of or amendment made by this subtitle shall be exempt

from any taxes, imposts, or levies now or hereby imposed, by the

United States or by any State or any political subdivision of a

State, on or in connection with such transfers or conveyances or on

the recording of deeds, bills of sale, liens, encumbrances,

easements, or other instruments evidencing, effectuating, or

incident to any such transfers or conveyances, whether imposed on

the transferor or on the transferee. Such transferors and

transferees shall be entitled to record any such deeds, bills of

sale, liens, encumberances,(!1) easements, or other instruments,

and to record the release or removal of any preexisting liens or

encumbrances of record with respect to properties so transferred or

conveyed, upon payment of any appropriate and generally applicable

charges to compensate for the cost of the service performed.

(2) This section shall not apply to Federal income tax laws.

(b) Transfer of designated real property (including any interest

in real property) authorized by the amendments made by part 2 of

this subtitle shall have the same effect for purposes of rights and

priorities with respect to such property as recordation on the

transfer date of appropriate deeds, or other appropriate

instruments, in offices appointed under State law for such

recordation, except that acquiring rail carriers and other entities

shall proffer such deeds or other instruments for recordation

within 36 months after the transfer date as a condition of

preserving such rights and priorities beyond the expiration of that

period. Conrail shall cooperate in effecting the timely

preparation, execution, and proffering for recordation of such

deeds and other instruments.

-SOURCE-

(Pub. L. 97-35, title XI, Sec. 1153, Aug. 13, 1981, 95 Stat. 677.)

-REFTEXT-

REFERENCES IN TEXT

This subtitle, referred to in subsecs. (a)(1) and (b), is

subtitle E (Secs. 1131-1169) of title XI of Pub. L. 97-35, Aug. 13,

1981, 95 Stat. 643, as amended, known as the Northeast Rail Service

Act of 1981. Part 2 (Secs. 1136-1142) of subtitle E enacted

sections 581 to 587, 727, 744a, and 761 to 769a of this title,

amended sections 601 and 741 of this title, and enacted provisions

set out as a note under section 744a of this title. For complete

classification of this subtitle to the Code, see Short Title note

set out under section 1101 of this title and Tables.

-FOOTNOTE-

(!1) So in original. Probably should be "encumbrances,".

-End-

-CITE-

45 USC Sec. 1107 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-

Sec. 1107. Repealed. Pub. L. 99-509, title IV, Sec.

4033(c)(1)(C)(i)(I), Oct. 21, 1986, 100 Stat. 1908

-MISC1-

Section, Pub. L. 97-35, title XI, Sec. 1154, Aug. 13, 1981, 95

Stat. 677, provided that no distribution of assets of Conrail could

be made with respect to any claims of United States until all other

valid claims against Conrail were satisfied or until arrangements

had been made for their satisfaction.

-End-

-CITE-

45 USC Sec. 1108 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-

Sec. 1108. Concerted economic action

-STATUTE-

(a) Strikes interfering with rail freight service of Conrail

Any person engaging in concerted economic action over disputes

with Amtrak Commuter or any commuter authority shall not be

entitled to engage in any strike against, or otherwise to induce

any employee of, Conrail, where an effect thereof is to interfere

with rail freight service provided by Conrail.

(b) Strikes interfering with Amtrak Commuter's rail passenger

service

Any person engaging in concerted economic action over disputes

arising out of freight operations provided by Conrail shall not be

entitled to engage in any strike against, or otherwise to induce

any employee of, Amtrak Commuter or any commuter authority, where

an effect thereof is to interfere with rail passenger service.

(c) Railway Labor Act deemed violated

Any concerted action in violation of this section shall be deemed

to be a violation of the Railway Labor Act [45 U.S.C. 151 et seq.].

-SOURCE-

(Pub. L. 97-35, title XI, Sec. 1158, Aug. 13, 1981, 95 Stat. 682.)

-REFTEXT-

REFERENCES IN TEXT

The Railway Labor Act, referred to in subsec. (c), is act May 20,

1926, ch. 347, 44 Stat. 577, as amended, which is classified

principally to chapter 8 (Sec. 151 et seq.) of this title. For

complete classification of this Act to the Code, see section 151 of

this title and Tables.

-End-

-CITE-

45 USC Sec. 1109 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-

Sec. 1109. Effectuation of cost reductions

-STATUTE-

Any cost reductions resulting from the provisions of or the

amendments made by this subtitle shall not be used to limit the

maximum level of any rate charged by Conrail for the provision of

rail service, to limit the amount of any increase in any such rate

(including rates maintained jointly by Conrail and other rail

carriers), or to limit a surcharge or cancellation otherwise lawful

under chapter 107 (!1) of title 49.

-SOURCE-

(Pub. L. 97-35, title XI, Sec. 1159, Aug. 13, 1981, 95 Stat. 682.)

-REFTEXT-

REFERENCES IN TEXT

This subtitle, referred to in text, is subtitle E (Secs.

1131-1169) of title XI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat.

643, as amended, 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.

Chapter 107 of title 49, referred to in text, was omitted and a

new chapter 107 enacted in the general amendment of subtitle IV of

Title 49, Transportation, by Pub. L. 104-88, title I, Sec. 102(a),

Dec. 29, 1995, 109 Stat. 804, 809.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

45 USC Sec. 1110 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-

Sec. 1110. Repealed. Pub. L. 99-509, title IV, Sec.

4033(c)(1)(C)(i)(II), Oct. 21, 1986, 100 Stat. 1908

-MISC1-

Section, Pub. L. 97-35, title XI, Sec. 1161, Aug. 13, 1981, 95

Stat. 682, related to transfer of Conrail light density rail

service lines.

-End-

-CITE-

45 USC Sec. 1111 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-

Sec. 1111. Repealed. Pub. L. 105-134, title IV, Sec. 408, Dec. 2,

1997, 111 Stat. 2586

-MISC1-

Section, Pub. L. 97-35, title XI, Sec. 1163, Aug. 13, 1981, 95

Stat. 685; Pub. L. 99-272, title IV, Sec. 4017(a)(1), Apr. 7, 1986,

100 Stat. 110, related to Northeast Corridor cost dispute.

-End-

-CITE-

45 USC Sec. 1112 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-

Sec. 1112. Interstate Commerce Commission proceedings

-STATUTE-

(a) Final decisions involving railroads in bankruptcy

Notwithstanding any other provision of subtitle IV of title 49,

in any proceeding before the Commission under section 11324 or

11325 of title 49 involving a railroad in the Region, as defined in

section 702 of this title, which was in a bankruptcy proceeding

under section 77 of the Bankruptcy Act on November 4, 1979, the

Commission shall, with or without a hearing, issue a final decision

within a period not to exceed 180 days after receipt of an

application under either such section.

(b) Final decisions involving profitable railroads

Notwithstanding any other provision of subtitle IV of title 49,

in any proceeding before the Commission under section 11324 or

11325 of title 49 involving a profitable railroad in the Region, as

defined in section 702 of this title, which received a loan under

section 721(a) of this title, the Commission shall, with or without

a hearing, issue a final decision within a period not to exceed 180

days after receipt of an application under either such section.

(c) Interest of United States attaching in bankruptcy, liquidation,

abandonment, etc.

(1) If the Secretary determines under subsection (b) of this

section that there is an agreement between a profitable railroad in

the Region (as defined in section 702 of this title) which received

a loan under section 721(a) of this title and a prospective

purchaser for the sale of such railroad, the Secretary shall limit

the interest of the United States in any debt of such a railroad to

an interest which attaches to such debt in the event of bankruptcy

or substantial sale or liquidation of the assets of the railroad.

The Secretary may substitute for the evidence of such debt

contingency notes payable solely from the railroad operating assets

then securing such debt, including reinvestments thereof, or such

other contingency notes as the Secretary deems appropriate and

which conform to the terms set forth in this subsection.

(2) If the interest of the United States is limited under

paragraph (1), any new debt issued by such a railroad subsequent to

the issuance of the debt described in paragraph (1) may have such

higher priority in the event of bankruptcy, liquidation, or

abandonment of the assets of such a railroad than the debt

described in such paragraph as the Secretary and the railroad may

agree.

(3) In carrying out the duties under this subsection, the

Secretary may (A) enter into such agreements, (B) in accordance

with any such agreements, cancel or cause to be cancelled or amend

or cause to be amended any notes or securities currently held by

agencies or instrumentalities of the United States, and (C) accept

in exchange as substitution therefor such instruments evidencing

the indebtedness owed to such agencies or instrumentalities as, in

the Secretary's judgment, will effectuate the purposes of this

subsection.

-SOURCE-

(Pub. L. 97-35, title XI, Sec. 1164, Aug. 13, 1981, 95 Stat. 685;

Pub. L. 97-468, title V, Sec. 510, Jan. 14, 1983, 96 Stat. 2554;

Pub. L. 104-88, title III, Sec. 331, Dec. 29, 1995, 109 Stat. 953.)

-REFTEXT-

REFERENCES IN TEXT

Section 77 of the Bankruptcy Act, referred to in subsec. (a), was

classified to section 205 of former Title 11, Bankruptcy. The

Bankruptcy Act (act July 1, 1898, ch. 541, 30 Stat. 544, as

amended) was repealed effective Oct. 1, 1979, by Pub. L. 95-598,

Secs. 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of

which enacted revised Title 11. For current provisions relating to

railroad reorganization, see subchapter IV (Sec. 1161 et seq.) of

chapter 11 of Title 11.

-MISC1-

AMENDMENTS

1995 - Subsecs. (a), (b). Pub. L. 104-88 substituted "section

11324 or 11325" for "section 11344 or 11345".

1983 - Subsec. (c)(1). Pub. L. 97-468, Sec. 510(1), substituted

"bankruptcy or substantial sale" for "bankruptcy, substantial

sale," after "in the event of", and in last sentence substituted

permission for the Secretary to substitute contingency notes for

evidence of the debt for the requirement that the Secretary

substitute contingency notes for evidence of the debt and inserted

provision that the contingency notes be payable solely from the

railroad operating assets then securing such debt, including

reinvestments thereof, or be other contingency notes as the

Secretary deems appropriate.

Subsec. (c)(2). Pub. L. 97-468, Sec. 510(2), substituted

permission that new debt may have such higher priority in the event

of bankruptcy, liquidation, or abandonment of the assets of such a

railroad than the debt described in par. (1) as the Secretary and

the railroad may agree for the requirement that such debt have

higher priority in the event of bankruptcy, liquidation, or

abandonment of the assets of Conrail than the debt described in

par. (1).

Subsec. (c)(3). Pub. L. 97-468, Sec. 510(3), added par. (3).

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

701 of Title 49, Transportation.

-TRANS-

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 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 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 701 of Title 49.

-End-

-CITE-

45 USC Sec. 1113 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-

Sec. 1113. Intercity passenger service

-STATUTE-

(a) Responsibility of Conrail to provide crews terminated;

negotiations for employee transfers

After January 1, 1983, Conrail shall be relieved of the

responsibility to provide crews for intercity passenger service on

the Northeast Corridor. Amtrak, Amtrak Commuter, and Conrail, and

the employees with seniority in both freight and passenger service

shall commence negotiations not later than 120 days after August

13, 1981, for the right of such employees to move from one service

to the other once each six-month period. Such agreement shall

ensure that Conrail, Amtrak, and Amtrak Commuter have the right to

furlough one employee in the same class or craft for each employee

who returns through the exercise of seniority rights. If agreement

is not reached within 360 days, such matter shall be submitted to

binding arbitration.

(b) Eligibility of employees for employee protection benefits

Conrail employees who are deprived of employment by an assumption

or discontinuance of intercity passenger service by Amtrak shall be

eligible for employee protection benefits under section 797 (!1) of

this title, notwithstanding any other provision of law, agreement,

or arrangement, and notwithstanding the inability of such employees

otherwise to meet the eligibility requirements of such section.

Such protection shall be the exclusive protection applicable to

Conrail employees deprived of employment or adversely affected by

any such assumption or discontinuance.

-SOURCE-

(Pub. L. 97-35, title XI, Sec. 1165, Aug. 13, 1981, 95 Stat. 686;

Pub. L. 97-468, title V, Sec. 505(a), Jan. 14, 1983, 96 Stat.

2553.)

-REFTEXT-

REFERENCES IN TEXT

Section 797 of this title, referred to in subsec. (b), was

repealed by Pub. L. 99-509, title IV, Sec. 4024(c), Oct. 21, 1986,

100 Stat. 1904, effective on the sale date (Apr. 2, 1987).

-COD-

CODIFICATION

"August 13, 1981", referred to in subsec. (a), was in the

original "the date of the enactment", which was editorially

translated as the date of the enactment of this section, as the

probable intent of Congress.

-MISC1-

AMENDMENTS

1983 - Pub. L. 97-468, Sec. 505(a), designated existing

provisions as subsec. (a) and added subsec. (b).

CONRAIL EMPLOYEES ELIGIBLE FOR EMPLOYEE PROTECTION BENEFITS UNDER

REGIONAL RAIL REORGANIZATION ACT OF 1973

Pub. L. 97-377, title I, Sec. 137, Dec. 21, 1982, 96 Stat. 1915,

provided that: "Conrail employees who are deprived of employment by

assumption or discontinuance of intercity passenger service by

Amtrak shall hereafter be eligible for employee protection benefits

under section 701 of the Regional Rail Reorganization Act of 1973

(45 U.S.C. 797), notwithstanding any other provision of law,

agreement, or arrangement, and notwithstanding the inability of

such employees otherwise to meet the eligibility requirements of

such section. Such protection shall be the exclusive protection

applicable to Conrail employees deprived of employment or adversely

affected by any such assumption or discontinuance."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

45 USC Sec. 1114 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-

Sec. 1114. Repealed. Pub. L. 99-509, title IV, Sec.

4033(c)(1)(C)(i)(III), Oct. 21, 1986, 100 Stat. 1908

-MISC1-

Section, Pub. L. 97-35, title XI, Sec. 1166, Aug. 13, 1981, 95

Stat. 686, related to grant of trackage rights to any terminal

railroad operating primarily in Philadelphia.

-End-

-CITE-

45 USC Sec. 1115 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-

Sec. 1115. Redemption of stock

-STATUTE-

For the purpose of computing the amount for which certificates of

value shall be redeemable under section 746 of this title, the

series B preferred stock and the common stock conveyed to the

Secretary under section 1107 (!1) of this title shall be deemed to

be without fair market value unless in a proceeding brought under

section 1105(a)(4) of this title the special court shall have

determined that such securities had a value and shall have entered

a judgment against the United States for that value. In such an

event, the securities shall for purposes of section 746 of this

title be deemed to have that value found by the special court.

-SOURCE-

(Pub. L. 97-35, title XI, Sec. 1167(b), Aug. 13, 1981, 95 Stat.

686.)

-REFTEXT-

REFERENCES IN TEXT

Section 1107 of this title, referred to in text, was repealed by

Pub. L. 99-509, title IV, Sec. 4033(c)(1)(C)(i)(I), Oct. 21, 1986,

100 Stat. 1908.

-COD-

CODIFICATION

Section is comprised of subsec. (b) of section 1167 of Pub. L.

97-35. Subsec. (a) of section 1167 amended section 743 of this

title. Subsec. (c) of section 1167, which was set out as subsec.

(b) of this section and which provided that the clerk of the

special court convey to the Secretary certain series B preferred

stock and common stock of Conrail on deposit with the court, and

authorized the Secretary to hold and exercise all rights to such

Conrail securities, was repealed by Pub. L. 99-509, title IV, Sec.

4033(c)(1)(C)(i)(IV), Oct. 21, 1986, 100 Stat. 1908.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 719 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

45 USC Sec. 1116 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-

Sec. 1116. Applicability of other laws

-STATUTE-

(a) The provisions of chapters 5 and 7 of title 5 (popularly

known as the Administrative Procedure Act and including provisions

popularly known as the Government in the Sunshine Act), the Federal

Advisory Committee Act, section 102(2)(C) of the National

Environmental Policy Act of 1969 [42 U.S.C. 4332(2)(C)], the

National Historic Preservation Act of 1966 [16 U.S.C. 470 et seq.],

and section 303 of title 49 are inapplicable to actions taken in

negotiating, approving, or implementing service transfers under

title IV of the Regional Rail Reorganization Act of 1973 [45 U.S.C.

761 et seq.] (!1) and to the implementation of the sale of the

interest of the United States in Conrail under the Conrail

Privatization Act [45 U.S.C. 1301 et seq.].

(b) The operation of trains by Conrail shall not be subject to

the requirement of any State or local law which specifies the

minimum number of crew members who must be employed in connection

with the operation of such trains.

-SOURCE-

(Pub. L. 97-35, title XI, Sec. 1168, Aug. 13, 1981, 95 Stat. 687;

Pub. L. 99-509, title IV, Sec. 4033(c)(1)(B), Oct. 21, 1986, 100

Stat. 1908.)

-REFTEXT-

REFERENCES IN TEXT

The Administrative Procedure Act, referred to in subsec. (a), is

act June 11, 1946, ch. 324, 60 Stat. 237, as amended, which was

classified to sections 1001 to 1011 of former title 5 and which was

repealed and reenacted as subchapter II (Sec. 551 et seq.) of

chapter 5, and chapter 7 (Sec. 701 et seq.), of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80

Stat. 378.

The Government in the Sunshine Act, referred to in subsec. (a),

is Pub. L. 94-409, Sept. 13, 1976, 90 Stat. 1241, which enacted

section 552b of Title 5, amended sections 551, 552, 556, and 557 of

Title 5, section 10 of Pub. L. 92-463, set out in the Appendix to

Title 5, and section 410 of Title 39, Postal Service, and enacted

provisions set out as notes under section 552b of Title 5. For

complete classification of this Act to the Code, see Short Title

note set out under section 552b of Title 5 and Tables.

The Federal Advisory Committee Act, referred to in subsec. (a),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5.

The National Historic Preservation Act of 1966, referred to in

subsec. (a), probably means the National Historic Preservation Act,

Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended, which is

classified generally to subchapter II (Sec. 470 et seq.) of chapter

1A of Title 16, Conservation. For complete classification of this

Act to the Code, see section 470(a) of Title 16 and Tables.

The Regional Rail Reorganization Act of 1973, referred to in

subsec. (a), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as

amended. Title IV of the Regional Rail Reorganization Act of 1973

was classified generally to subchapter IV (Sec. 761 et seq.) of

chapter 16 of this title, and was repealed by Pub. L. 99-509, title

IV, Sec. 4033(a)(1), Oct. 21, 1986, 100 Stat. 1908. For complete

classification of this Act to the Code, see Short Title note set

out under section 701 of this title and Tables.

The Conrail Privatization Act, referred to in subsec. (a), is

subtitle A (Secs. 4001-4052) of title IV of Pub. L. 99-509, Oct.

21, 1986, 100 Stat. 1892, which is classified principally to

chapter 22 (Sec. 1301 et seq.) 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.

-COD-

CODIFICATION

In subsec. (a), "section 303 of title 49" substituted for

"section 4(f) of the Department of Transportation Act of 1966 [49

U.S.C. 1653(f)]" on authority of Pub. L. 97-449, Sec. 6(b), Jan.

12, 1983, 96 Stat. 2443, the first section of which enacted

subtitle I (Sec. 101 et seq.) and chapter 31 (Sec. 3101 et seq.) of

subtitle II of Title 49, Transportation.

-MISC1-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-509 inserted "and to the

implementation of the sale of the interest of the United States in

Conrail under the Conrail Privatization Act".

-FOOTNOTE-

(!1) See References in Text note below.

-End-