
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC702]

 
                           TITLE 45--RAILROADS
 
                CHAPTER 16--REGIONAL RAIL REORGANIZATION
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 702. Definitions

    As used in this chapter, unless the context otherwise requires--
        (1) ``Association'' means the United States Railway Association, 
    established under section 711 of this title;
        (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) ``Corporation'' means the Consolidated Rail Corporation 
    required to be established under section 741 of this title or its 
    successor by merger, consolidation or other form of succession 
    carried out under applicable law for the purpose of changing the 
    State of its incorporation;
        (6) ``effective date of the final system plan'' means the date 
    on which the final system plan or any revised final system plan is 
    deemed approved by Congress, in accordance with section 718 of this 
    title;
        (7) ``employee stock ownership plan'' means a technique of 
    corporate finance that uses a stock bonus trust or a company stock 
    money purchase pension trust which qualifies under section 401(a) of 
    title 26 in connection with the financing of corporate improvements, 
    transfers in the ownership of corporate assets, and other capital 
    requirements of a corporation and which is designed to build 
    beneficial equity ownership of shares in the employer corporation 
    into its employees substantially in proportion to their relative 
    incomes, without requiring any cash outlay, any reduction in pay or 
    other employee benefits, or the surrender of any other rights on the 
    part of such employees;
        (8) ``final system plan'' means the plan of reorganization for 
    the restructure, rehabilitation, and modernization of railroads in 
    reorganization prepared pursuant to section 716 of this title and 
    approved pursuant to section 718 of this title;
        (9) ``Finance Committee'' means the Finance Committee of the 
    Board of Directors of the Association established under section 
    711(i) \1\ of this title;
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    \1\ See References in Text note below.
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        (10) ``includes'' and variants thereof should be read as if the 
    phrase ``but is not limited to'' were also set forth;
        (11) ``local or regional transportation authority'' includes a 
    political subdivision of a State.\2\
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    \2\ So in original. The period probably should be a semicolon.
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        (12) ``Office'' means the Rail Services Planning Office 
    established under section 10361 \1\ of title 49;
        (13) ``profitable railroad'' means a railroad which is not a 
    railroad in reorganization. The term does not include the 
    Corporation, the National Railroad Passenger Corporation, or a 
    railroad leased, operated, or controlled by a railroad in 
    reorganization in the region;
        (14) ``rail properties'' means assets or rights owned, leased, 
    or otherwise controlled by a railroad (or a person owned, leased, or 
    otherwise controlled by a railroad) which are used or useful in rail 
    transportation service; except that the term, when used in 
    conjunction with the phrase ``railroads leased, operated, or 
    controlled by a railroad in reorganization'', shall not include 
    assets or rights owned, leased, or otherwise controlled by a Class I 
    railroad which is not wholly owned, operated, or leased by a 
    railroad in reorganization but is controlled by a railroad in 
    reorganization;
        (15) ``railroad'' means a rail carrier subject to part A of 
    subtitle IV of title 49. The term includes the Corporation and the 
    National Railroad Passenger Corporation;
        (16) ``railroad in reorganization'' means a railroad which is 
    subject to a bankruptcy proceeding and which has not been determined 
    by a court to be reorganizable or not subject to reorganization 
    pursuant to this chapter as prescribed in section 717(b) of this 
    title. A ``bankruptcy proceeding'' includes a proceeding pursuant to 
    section 77 of the Bankruptcy Act and an equity receivership or 
    equivalent proceeding;
        (17) ``Region'' means the States of Maine, New Hampshire, 
    Vermont, Massachusetts, Connecticut, Rhode Island, New York, New 
    Jersey, Pennsylvania, Delaware, Maryland, Virginia, West Virginia, 
    Ohio, Indiana, Michigan, and Illinois; the District of Columbia; and 
    those portions of contiguous States in which are located rail 
    properties owned or operated by railroads doing business primarily 
    in the aforementioned jurisdictions (as determined by the Commission 
    by order);
        (17A) ``sale date'' means the date on which the initial public 
    offering of the securities of the Corporation is closed under the 
    Conrail Privatization Act [45 U.S.C. 1301 et seq.];
        (18) ``Secretary'' means the Secretary of Transportation or the 
    designated representative of the Secretary;
        (19) ``State'' means any State or the District of Columbia;
        (20) ``subsidiary'' means any corporation 100 percent of whose 
    total combined voting shares are, directly or indirectly, owned or 
    controlled by the Corporation; and
        (21) ``supplemental transaction'' means any transaction set 
    forth in a proposal under section 745 of this title under which the 
    Corporation or a subsidiary thereof would (A) acquire rail 
    properties not designated for transfer or conveyance to it under the 
    final system plan, (B) convey rail properties to a profitable 
    railroad, a subsidiary of the Corporation or, other than as 
    designated in the final system plan, to the National Railroad 
    Passenger Corporation or to a State or a local or regional 
    transportation authority, or to any other responsible person for use 
    in providing rail service, or (C) enter into contractual or other 
    arrangements with any person for the joint use of rail properties or 
    the coordination or separation of rail operations or services.

(Pub. L. 93-236, title I, Sec. 102, Jan. 2, 1974, 87 Stat. 986; Pub. L. 
94-210, title VI, Secs. 601(f), (g), 603(c), 607(t), 610(a), Feb. 5, 
1976, 90 Stat. 86, 88, 98, 100; Pub. L. 94-248, Sec. 1, Mar. 25, 1976, 
90 Stat. 286; Pub. L. 94-555, title II, Sec. 211(a), Oct. 19, 1976, 90 
Stat. 2624; Pub. L. 96-448, title V, Sec. 508(b), title VI, Sec. 601(b), 
Oct. 14, 1980, 94 Stat. 1957, 1958; Pub. L. 97-35, title XI, 
Sec. 1135(b), Aug. 13, 1981, 95 Stat. 646; Pub. L. 99-509, title IV, 
Sec. 4033(b)(1), Oct. 21, 1986, 100 Stat. 1908; Pub. L. 99-514, Sec. 2, 
Oct. 22, 1986, 100 Stat. 2095; Pub. L. 104-88, title III, Sec. 327(1), 
Dec. 29, 1995, 109 Stat. 951.)

                       References in Text

    Section 711(i) of this title, referred to in par. (9), which related 
to the Finance Committee of the Board of Directors of the Association, 
was repealed by Pub. L. 97-35, title XI, Sec. 1147, Aug. 13, 1981, 95 
Stat. 673.
    Section 10361 of title 49, referred to in par. (12), was omitted 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. 
Previously, in par. (12) ``section 10361 of title 49'' was substituted 
for ``section 205 of this Act'', meaning section 205 of Pub. L. 93-236, 
on authority of Pub. L. 95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat. 1466, 
the first section of which enacted subtitle IV (Sec. 10101 et seq.) of 
Title 49.
    Section 77 of the Bankruptcy Act, referred to in par. (16), 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.
    The Conrail Privatization Act, referred to in par. (17A), 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. The date on which the initial public offering of the 
securities of the corporation is closed under this Act was Apr. 2, 1987.

                          Codification

    In par. (21), formerly (19), ``under section 743(b) of this title,'' 
was struck out as the probable intent of Congress, in view of the 
amendment to par. (19) by section 601(b) of Pub. L. 96-448, which struck 
out the 6 year limitation within which the special court orders 
conveyances of rail properties to the Corporation, which conveyances 
were to be made under section 743(b) of this title. See 1980 Amendment 
note set out below.


                               Amendments

    1995--Par. (15). Pub. L. 104-88 substituted ``rail carrier subject 
to part A of subtitle IV of title 49'' for ``common carrier by railroad 
as defined in section 1(3) of part I of the Interstate Commerce Act (49 
U.S.C. 1(3))''.
    1986--Par. (7). Pub. L. 99-514 substituted ``Internal Revenue Code 
of 1986'' for ``Internal Revenue Code of 1954'', which for purposes of 
codification was translated as ``title 26'' thus requiring no change in 
text.
    Par. (17A). Pub. L. 99-509 added par. (17A).
    1981--Pub. L. 97-35 added pars. (3) and (4). Former pars. (3) to 
(19) redesignated (5) to (21), respectively.
    1980--Par. (16). Pub. L. 96-448, Sec. 508(b), substituted ``or the 
designated representative of the Secretary'' for ``or the person at the 
time performing the duties of the Office of the Secretary of 
Transportation in accordance with law, or, in his absence, the Deputy 
Secretary of Transportation''.
    Par. (19). Pub. L. 96-448, Sec. 601(b), struck out ``, within 6 
years after the date on which the special court orders conveyances of 
rail properties to the Corporation'' after ``section 745 of this 
title''. See Codification note above.
    1976--Par. (3). Pub. L. 94-248 inserted provision relating to 
successor by merger, consolidation, etc., of the Corporation
    Par. (7). Pub. L. 94-210, Sec. 603(c), added par. (7). Former par. 
(7) redesignated (8).
    Par. (8). Pub. L. 94-210, Secs. 601(g), 603(c), redesignated former 
par. (7) as (8). Former par. (8) redesignated (10).
    Pars. (9) to (11). Pub. L. 94-210, Sec. 601(g), added par. (9) and 
redesignated former pars. (8) and (9) as (10) and (11), respectively. 
Former pars. (10) and (11) redesignated (12) and (13), respectively.
    Par. (12). Pub. L. 94-210, Secs. 601(g), 607(t), redesignated former 
par. (10) as (12), inserted ``(or a person owned, leased, or otherwise 
controlled by a railroad)'' before ``which are used or useful'', and 
substituted ``phrase'' for ``phase''. Former par. (12) redesignated 
(14).
    Pars. (13) to (15). Pub. L. 94-210, Sec. 601(g), redesignated former 
pars. (11) to (13) as (13) to (15) respectively. Former pars. (13) to 
(15) redesignated (15) to (17) respectively.
    Par. (16). Pub. L. 94-555 substituted ``, in his absence, the Deputy 
Secretary of Transportation'' for ``the duly authorized representative 
of either of them'' after ``accordance with law, or''.
    Pub. L. 94-210, Secs. 601(f), (g), 610(a)(1), redesignated former 
par. (14) as (16) and substituted provisions relating to the person at 
the time performing the duties of the Office in accordance with the law, 
or the duly authorized representative of such person or the Secretary, 
for provisions relating to the delegate of the Secretary, unless the 
context indicated otherwise.
    Par. (17). Pub. L. 94-210, Secs. 601(g), 610(a)(2), redesignated 
former par. (15) as (17) and substituted a semicolon for a period.
    Pars. (18), (19). Pub. L. 94-210, Sec. 610(a)(3), added pars. (18) 
and (19).


                    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.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section 1169 
of Pub. L. 97-35, set out as an Effective Date note under section 1101 
of this title.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-448 effective Oct. 1, 1980, see section 
710(a) of Pub. L. 96-448, set out as a note under section 1170 of Title 
11, Bankruptcy.


                    Effective Date of 1976 Amendment

    Section 303 of Pub. L. 94-555 provided that: ``The provisions of 
this Act and the amendments made by this Act [amending this section, 
sections 543, 545, 546, 563, 601, 602, 641, 711, 716, 720, 721, 743, 
744, 771, 774, 775, 779, 823, 824, 825, 826, 829, 831, and 854 of this 
title, section 960 of Title 20, Education, and sections 1a, 5, 5c, 13, 
15, 17, 22, 26c, and 1653 of former Title 49, Transportation, and 
enacting provisions set out as notes under sections 501, 641, 701, and 
714 of this title, section 80a-3 of Title 15, Commerce and Trade, and 
sections 1a and 1654 of former Title 49] shall take effect on October 1, 
1976.''

  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.

Abolition of United States Railway Association and Transfer of Functions 
                             and Securities

    See section 1341 of this title.


           Applicability of National Environmental Policy Act

    Application of National Environmental Policy Act to actions of 
Commission not affected by title VI of Pub. L. 94-210, see section 619 
of Pub. L. 94-210, set out as a note under section 791 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 741, 1112 of this title; 
title 19 section 2373.
