
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC1017]

 
                           TITLE 45--RAILROADS
 
          CHAPTER 19--ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE
 
Sec. 1017. Temporary operating approval


(a) Use of tracks and facilities by other rail carriers; terms of 
        compensation; continuation of service

    The Commission may authorize any rail carrier willing to do so 
voluntarily to use the tracks and facilities of a carrier which, on 
January 14, 1983, was the subject of a proceeding pending under section 
77 of the Bankruptcy Act or under subchapter IV of chapter 11 of title 
11. The use of such tracks and facilities shall be under such terms of 
compensation as the carriers establish between themselves, or if the 
carriers are unable to agree, under such terms of compensation as the 
Commission finds to be reasonable. The Commission shall have authority 
to authorize continued rail service under this section over the lines of 
any such carrier which has been ordered by the court having jurisdiction 
over such a carrier to liquidate its properties until the disposition of 
the properties of the estate of such carrier.

(b) Use of employees

    In carrying out the provisions of this section, the Commission shall 
require, to the maximum extent practicable, the use of the employees who 
would normally have performed work in connection with the traffic 
subject to the action of the Commission.

(Pub. L. 96-254, title I, Sec. 122, May 30, 1980, 94 Stat. 409; Pub. L. 
97-130, Sec. 5(a), Dec. 29, 1981, 95 Stat. 1690; Pub. L. 97-468, title 
II, Sec. 214, Jan. 14, 1983, 96 Stat. 2545.)

                       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Act (act July 1, 1898, ch. 541, 30 Stat. 544, as amended) was repealed 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.


                               Amendments

    1983--Subsec. (a). Pub. L. 97-468, Sec. 214(a), substituted ``a 
carrier which, on January 14, 1983, was the subject of a proceeding 
pending under section 77 of the Bankruptcy Act or under subchapter IV of 
chapter 11 of title 11'' for ``the Rock Island Railroad or the Milwaukee 
Railroad'', and in last sentence substituted ``any such carrier which 
has been ordered by the court having jurisdiction over such a carrier to 
liquidate its properties until the disposition of the properties of the 
estate of such carrier'' for ``the Rock Island Railroad until the 
disposition of the properties of the estate of the Rock Island 
Railroad''.
    Subsec. (c). Pub. L. 97-468, Sec. 214(b), struck out subsec. (c) 
which defined ``Milwaukee Railroad''.
    1981--Subsec. (a). Pub. L. 97-130 gave the Commission authority to 
authorize continued rail service under this section over the lines of 
the Rock Island Railroad until the disposition of the properties of the 
estate of the Rock Island Railroad.

  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.


Termination of Applicability of Amendment to Interstate Commerce Service 
                       Order 1498 on May 15, 1982

    Section 5(b) of Pub. L. 97-130 provided that: ``The applicability of 
the amendment made by subsection (a) [amending subsec. (a) of this 
section] to Interstate Commerce Commission Service Order 1498 shall 
expire at the end of May 15, 1982.''
