45 U.S.C. § 1003 — Service continuation
submitted 46 years ago by Pub. L. 96-254 to r/title-45-RAILROADS · 405 words · no verdicts yet
When the Secretary certifies one of two specified rail-service situations, the Commission must order directed service on a Rock Island Railroad line for up to 90 days. The section provides limited funding and preserves certain compensation terms and parties’ ultimate rights during temporary emergency operations.
(a) Situations requiring directed service; time period. Despite Public Law 96–131, the Commission must order directed service for no more than 90 days over a Rock Island Railroad* line if the Secretary* finds and certifies that—(1) rail service is lacking, interim operating authority cannot solve the problem, and grain or food is ready to be shipped to market; or (2) rail service is lacking, interim operating authority cannot solve the problem, and a rail carrier, shipper, State, or other interested party has written to the Secretary expressing interest in buying, leasing, or rehabilitating the particular line or facility to provide rail service, with a reasonable expectation that the transaction will be completed.
(b) Availability of funds. (1) The Secretary may make no more than $15,000,000 of funds available for the Secretary’s use from the Railroad Rehabilitation and Improvement Fund available to the Commission for directed service under this section. (2) The funds may be provided without the Secretary making the findings otherwise required under chapter 224 of title 49. Section 22404 of that title does not apply to directed service provided with these funds.
(c) Compensation terms for trackage rights, joint facilities, and similar arrangements. Compensation terms in effect on or after March 15, 1980, between other rail carriers and the Rock Island Railroad’s trustee for trackage rights, joint facilities, and similar arrangements on portions of Rock Island lines used in temporary emergency operations must continue during the temporary emergency operating authority. The carrier providing temporary emergency service takes the trustee’s place, except where the Rock Island Railroad received more favorable treatment because of its bankruptcy. Continuing the terms does not change other rail carriers’ ultimate rights under those arrangements or prejudice the final decision in any dispute or proceeding about the parties’ rights concerning the trustee’s assignment of rights in or to the facilities or under the arrangements.
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—
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
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.
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.
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.
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.
Source credit: (Pub. L. 96–254, title I, § 104, May 30, 1980, 94 Stat. 400; Pub. L. 104–88, title III, § 329(1), Dec. 29, 1995, 109 Stat. 952; Pub. L. 117–58, div. B, title I, § 21301(j)(3)(F), Nov. 15, 2021, 135 Stat. 692.)
- 1980Enacted · Pub. L. 96-254 · 94 Stat. 400
- 1995Amended · Pub. L. 104-88 · 109 Stat. 952
- 2021Amended · Pub. L. 117-58 · 135 Stat. 692
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-254 on 1980-05-30.
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