
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: 45USC719]

 
                           TITLE 45--RAILROADS
 
                CHAPTER 16--REGIONAL RAIL REORGANIZATION
 
            SUBCHAPTER II--UNITED STATES RAILWAY ASSOCIATION
 
Sec. 719. Judicial review


(a) General

    Notwithstanding any other provision of law, the final system plan 
which is adopted by the Association and which becomes effective after 
review by the Congress is not subject to review by any court except in 
accordance with this section. After the final system plan becomes 
effective under section 718 of this title, it may be reviewed with 
respect to matters concerning the value of the rail properties to be 
conveyed under the plan and the value of the consideration to be 
received for such properties.

(b) Special court

    (1) Within 30 days after January 2, 1974, the Association shall make 
application to the judicial panel on multi-district litigation 
authorized by section 1407 of title 28 for the consolidation in a 
single, three-judge district court of the United States of all judicial 
proceedings with respect to the final system plan. Within 30 days after 
such application is received, the panel shall make the consolidation in 
a district court (cited herein as the ``special court'') which the panel 
determines to be convenient to the parties and the one most likely to be 
able to conduct any proceedings under this section with the least delay 
and the greatest possible fairness and ability. Such proceedings shall 
be conducted by the special court which shall be composed of three 
Federal judges who shall be selected by the panel, except that none of 
the judges selected may be a judge assigned to a proceeding involving 
any railroad in reorganization in the region under section 77 of the 
Bankruptcy Act. The special court is authorized to exercise the powers 
of a district judge in any judicial district with respect to such 
proceedings and such powers shall include those of a reorganization 
court. The special court shall have the power to order the conveyance of 
rail properties of railroads leased, operated, or controlled by a 
railroad in reorganization in the region. The special court may issue 
rules for the conduct of any proceedings under this section and under 
section 745 of this title, including rules with respect to the time 
within which motions may be filed, and with respect to appropriate 
representation of interests not otherwise represented (including the 
Secretary with respect to a petition by the Association in the case of a 
proposal developed by the Secretary, under such section 745 of this 
title). No determination by the panel under this subsection may be 
reviewed in any court.
    (2) The special court referred to in paragraph (1) of this 
subsection is abolished effective 90 days after October 19, 1996. On 
such effective date, all jurisdiction and other functions of the special 
court shall be assumed by the United States District Court for the 
District of Columbia. With respect to any proceedings that arise or 
continue after the date on which the special court is abolished, the 
references in the following provisions to the special court established 
under this subsection shall be deemed to refer to the United States 
District Court for the District of Columbia:
        (A) Subsections (c), (e)(1), (e)(2), (f) and (g) of this 
    section.
        (B) Sections 712(d)(3), (g), 717(a)(1), (b)(1), (b)(2), 
    718(d)(2), 741(e)(2), (g), (k)(3), (k)(15), 743(a)(1), (a)(2), 
    (b)(1), (b)(6)(A), (c)(1), (c)(2), (c)(3), (c)(4), (c)(5), 
    744(a)(1)(B), (i)(3), 745(c), (d)(1), (d)(2), (d)(3), (d)(4), 
    (d)(5), (d)(8), (e), (f)(1), (f)(2)(B), (f)(2)(D), (f)(2)(E), 
    (f)(3), 746(a), (b), (c)(4), and 791(b)(3), (c) of this title).
        (C) Sections 1105(a) and 1115 of this title.
        (D) Sections 1323(2)(A)(iii), (2)(B), (2)(C), (3)(C), (3)(E), 
    (4)(A) and 1324(b) of this title.
        (E) Section 24907(b) of title 49.
        (F) Any other Federal law (other than this subsection and 
    section 605 of the Federal Courts Improvement Act of 1996), 
    Executive order, rule, regulation, delegation of authority, or 
    document of or relating to the special court as previously 
    established under paragraph (1) of this subsection.

(c) Delivery of plan to special court

    Within 90 days after its effective date, the Association shall 
deliver a certified copy of the final system plan to the special court 
and shall certify to the special court--
        (1) which rail properties of the respective railroads in 
    reorganization in the region and of any person leased, operated, or 
    controlled by such railroads in reorganization are to be transferred 
    to the Corporation, or any subsidiary thereof, in accordance with 
    the final system plan;
        (2) which rail properties of the respective railroads in 
    reorganization in the region or person leased,\1\ operated, or 
    controlled by such railroads in reorganization are to be conveyed to 
    profitable railroads, in accordance with the final system plan;
---------------------------------------------------------------------------
    \1\ See Codification note below.
---------------------------------------------------------------------------
        (3) the amount, terms, and value of the securities of the 
    Corporation or any subsidiary thereof (including any certificates of 
    value of the Association) to be exchanged for those rail properties 
    to be transferred to the Corporation or any subsidiary thereof 
    pursuant to the final system plan, and as indicated in paragraph (1) 
    of this subsection; and
        (4) that the transfer of rail properties in exchange for 
    securities of the Corporation or any subsidiary thereof (including 
    any certificates of value of the Association) and other benefits is 
    fair and equitable and in the public interest.

Notwithstanding any other provisions of this subsection and subsection 
(d) of this section, the time for the delivery of a certified copy of 
the final system plan shall be March 12, 1976, and may be extended to a 
date not more than 30 days thereafter, prescribed in a notice filed by 
the Association not later than February 17, 1976, with the special 
court, the Congress, and each court referred to in such subsection (d) 
of this section. Such notice shall contain the certification of the 
Association that an orderly conveyance of rail properties cannot 
reasonably be effected before the date for conveyance determined with 
respect to such notice. The time prescribed in section 743(a) of this 
title shall be determined with respect to the date prescribed in such 
notice.

(d) Bankruptcy courts

    Within 90 days after its effective date, the Association shall 
deliver a certified copy of the final system plan to each district court 
of the United States or any other court having jurisdiction over a 
railroad in reorganization in the region and shall certify to each such 
court--
        (1) which rail properties of that railroad in reorganization are 
    to be transferred to the Corporation or any subsidiary thereof under 
    the final system plan; and
        (2) which rail properties of that railroad in reorganization, if 
    any, are to be conveyed to profitable railroads operating in the 
    region, under the final system plan.

(e) Original and exclusive jurisdiction

    (1) Notwithstanding any other provision of law, any civil action--
        (A) for injunctive or other relief against the Association from 
    the enforcement, operation, or execution of this chapter or any 
    provision thereof, or from any action taken by the Association 
    pursuant to authority conferred or purportedly conferred under this 
    chapter;
        (B) challenging the constitutionality of this chapter or any 
    provision thereof;
        (C) challenging the legality of any action of the Association, 
    or any failure of the Association to take any action, pursuant to 
    authority conferred or purportedly conferred under this chapter;
        (D) to obtain, inspect, copy, or review any document in the 
    possession or control of the Association that would be discoverable 
    in litigation pursuant to section 743(c) of this title;
        (E) brought after a conveyance, pursuant to section 743(b) of 
    this title, to set aside or annul such conveyance or to secure in 
    any way the reconveyance of any rail properties so conveyed; or
        (F) with respect to continuing reorganization and supplemental 
    transactions, in accordance with section 745 of this title;

shall be within the original and exclusive jurisdiction of the special 
court. The special court shall not hear or determine any such action 
prior to the date of conveyance, pursuant to section 743(b)(1) of this 
title, except as the Constitution may require. Relief shall not be 
granted in any action referred to in subparagraph (A), (C), or (E) 
unless the person seeking such relief establishes that the Association 
acted in reckless or deliberate disregard of applicable law.
    (2) The original and exclusive jurisdiction of the special court 
shall include any action, whether filed by any interested person or 
initiated by the special court itself, to interpret, alter, amend, 
modify, or implement any of the orders entered by such court pursuant to 
section 743(b) of this title in order to effect the purposes of this 
chapter or the goals of the final system plan. During the pendency of 
any proceeding described in this paragraph, the special court may enter 
such orders as it determines to be appropriate, including orders 
enjoining, restraining, conditioning, or limiting any conveyance, 
transfer, or use of any asset or right which is subject to such an order 
or which is at issue in such a proceeding, or which involves the 
enforcement of any liens or encumbrances upon such assets or rights. Any 
orders pursuant to this paragraph which interpret, alter, amend, modify, 
or implement orders entered by the special court shall be final and 
shall not be restrained or enjoined by any court.
    (3) 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.

(f) Disposition of cash deposits

    Whenever the compensation which is deposited with the special court 
under section 743(a) of this title is in the form of cash, such cash 
shall be invested and reinvested upon such terms and conditions as the 
special court shall determine, pending the making of the findings 
referred to in paragraphs (1), (2), and (3) of section 743(c) of this 
title. Notwithstanding section 743(c)(4) of this title, the special 
court may order (1) the income from such investments, (2) the dividends 
or interest, if any, received on any securities or obligations deposited 
with the special court under such section 743(a) of this title, and (3) 
the income, if any, received with respect to any other form of 
compensation so deposited, to be distributed to the trustee of each 
railroad in reorganization and to any person leased, operated or 
controlled by such a railroad which conveyed the right, title, and 
interest in the rail properties with respect to which such cash, 
securities, obligations, or other compensation have been so deposited 
with the special court. Notwithstanding section 743(c)(4) of this title, 
the special court may, within 90 days after the date of conveyance of 
rail properties pursuant to section 743(b) of this title, order up to 25 
percent of any cash (including investments made with cash) and other 
compensation deposited with the special court to be distributed to such 
trustee or person. On petition of the applicable trustee or person, the 
special court may order such additional distributions as it finds 
reasonable and appropriate, prior to the making of the findings referred 
to in paragraphs (1), (2), and (3) of such section 743(c) of this title.

(g) Stay of court proceedings

    The special court may stay or enjoin any action or proceeding in any 
State court or in any court of the United States other than the Supreme 
Court or Court of Appeals for the District of Columbia Circuit if such 
action or proceeding is contrary to any provision of this chapter, 
impairs the effective implementation of this chapter, or interferes with 
the execution of any order of the special court pursuant to this 
chapter.

(Pub. L. 93-236, title II, Sec. 209, Jan. 2, 1974, 87 Stat. 999; Pub. L. 
94-210, title VI, Secs. 602(a), (b), 607(i), (l), (r), (s), Feb. 5, 
1976, 90 Stat. 86, 97, 98; Pub. L. 94-216, Sec. 2, Feb. 17, 1976, 90 
Stat. 191; Pub. L. 95-199, Sec. 3, Nov. 23, 1977, 91 Stat. 1423; Pub. L. 
100-352, Sec. 6(d), June 27, 1988, 102 Stat. 663; Pub. L. 104-317, title 
VI, Sec. 605(a), (b)(1), (c)(1), Oct. 19, 1996, 110 Stat. 3858, 3859.)

                       References in Text

    Section 77 of the Bankruptcy Act, referred to in subsec. (b)(1), 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.
    Section 605 of the Federal Courts Improvement Act of 1996, referred 
to in subsec. (b)(2)(F), is section 605 of Pub. L. 104-317, title VI, 
Oct. 19, 1996, 110 Stat. 3858, which amended this section and sections 
743, 745, 1104, and 1105 of this title and enacted provisions set out as 
notes under this section.

                          Codification

    Amendment of subsec. (c)(2) by section 607(s) of Pub. L. 94-210 was 
executed by substituting ``person leased'' for ``railroads leased'' to 
reflect the probable intent of Congress, notwithstanding such section 
607(s) requiring substitution of ``person leased'' for ``railroad 
leased''.


                               Amendments

    1996--Subsec. (b). Pub. L. 104-317, Sec. 605(a), designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (e)(3). Pub. L. 104-317, Sec. 605(b)(1), added par. (3) and 
struck out former par. (3) which read as follows: ``A final order or 
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. (g). Pub. L. 104-317, Sec. 605(c)(1)(A), inserted ``or Court 
of Appeals for the District of Columbia Circuit'' after ``Supreme 
Court''.
    Subsec. (h). Pub. L. 104-317, Sec. 605(c)(1)(B), struck out subsec. 
(h) relating to special masters.
    1988--Subsec. (e)(3). Pub. L. 100-352 struck out ``, except that any 
order or judgment enjoining the enforcement, or declaring or determining 
the unconstitutionality or invalidity, of this chapter, in whole or in 
part, or of any action taken under this chapter, shall be reviewable by 
direct appeal to the Supreme Court of the United States in the same 
manner that an injunctive order may be appealed under section 1253 of 
title 28'' before the period 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.
    1977--Subsec. (h). Pub. L. 95-199 added subsec. (h).
    1976--Subsec. (b). Pub. L. 94-210, Sec. 602(a), substituted 
provisions relating to issuance of rules by special court for conduct of 
proceedings under this section and section 745 of this title, for 
provisions relating to issuance of rules by panel for conduct of its 
functions under this provision.
    Subsec. (c). Pub. L. 94-210, Sec. 607(i), (l), (r), (s), inserted 
``or any subsidiary thereof'' after ``Corporation'' wherever appearing, 
substituted ``certificates of value'' for ``obligations'' wherever 
appearing, inserted provisions at end relating to the time for the 
delivery of the final system plan on March 12, 1976, and conditions for 
extension of such date, and substituted references to person leased for 
references to railroad leased wherever appearing in pars. (1) and (2). 
See Codification note above.
    Subsec. (d)(1). Pub. L. 94-210, Sec. 607(i), inserted ``or any 
subsidiary thereof'' after ``Corporation''.
    Subsecs. (e) to (g). Pub. L. 94-210, Sec. 602(b), added subsecs. (e) 
to (g).


                    Effective Date of 1996 Amendment

    Section 605(e) of Pub. L. 104-317 provided that: ``The amendments 
made by subsections (b) and (c) of this section [amending this section 
and sections 743, 745, 1104, and 1105 of this title] shall take effect 
90 days after the date of enactment of this Act [Oct. 19, 1996] and, 
except as provided in subsection (d) [enacting provisions set out as a 
note below], shall apply with respect to proceedings that arise or 
continue after such effective date.''


                    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.

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

    See section 1341 of this title.


                     Cases Pending in Special Court

    Section 605(d) of Pub. L. 104-317 provided that: ``Effective 90 days 
after the date of enactment of this Act [Oct. 19, 1996], any case 
pending in the special court established under section 209(b) of the 
Regional Rail Reorganization Act of 1973 (45 U.S.C. 719(b)) shall be 
assigned to the United States District Court for the District of 
Columbia as though the case had originally been filed in that court. The 
amendments made by subsection (b) of this section [amending this section 
and sections 743 and 1105 of this title] shall not apply to any final 
order or judgment entered by the special court for which--
        ``(1) a petition for writ of certiorari has been filed before 
    the date on which the special court is abolished; or
        ``(2) the time for filing a petition for writ of certiorari has 
    not expired before that date.''


                        References to Courthouse

    Reference to United States Courthouse in District of Columbia deemed 
reference to ``E. Barrett Prettyman United States Courthouse'', see 
section 2 of Pub. L. 104-151, set out as an E. Barrett Prettyman United 
States Courthouse Designation note under section 129a of Title 40, 
Public Buildings, Property, and Works.


           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 718, 741, 743, 744, 745, 
1104, 1323, 1324 of this title.

  RULES OF THE SPECIAL COURT, REGIONAL RAIL REORGANIZATION ACT OF 1973

     (Effective May 20, 1982, as amended to January 6, 1997)

Rule
1.            Name.
2.            Seal.
3.            Situs, Clerk, Executive Attorney, and Communications.
4.            Panels of the Court.
5.            Action by Single Judge--Quorum.
6.            Sessions.
7.            Attorneys.
8.            Form of Briefs and Other Papers.
9.            General Provision With Respect to Filing of Pleadings and 
                  Other Papers.
10.           Proceedings Under Sec. 209(e) of the Act, Sec. 1152(a) of 
                  NRSA and of Similar Nature--Filings and Service.
11.           Proceedings Under Sec. 303(c) and Under Sec. 306(c)(4) of 
                  the Act--Filings and Service.
12.           Applicability of Federal Rules of Civil Procedure.
13.           Proceedings Involving Interstate Commerce Commission.
14.           Proceedings Under Section 305(d) of the Act.
15.           Motions.
16.           Entry of Orders by the Executive Attorney.
17.           Opinions and Rulings of the Court.
18.           Petitions for Reconsideration.
19.           References to Regional Rail Reorganization Act and 
                  Northeast Rail Service Act.

                              Rule 1. Name

    The name of the Court is ``Special Court, Regional Rail 
Reorganization Act of 1973''.

                              Rule 2. Seal

    The seal of the Court shall be that of the United States District 
Court for the District of Columbia.

      Rule 3. Situs, Clerk, Executive Attorney, and Communications

    A. Situs. The situs of the Special Court shall be at the United 
States Courthouse, Washington, D.C. 20001.
    B. Clerk of Court. The Clerk of the District Court for the District 
of Columbia shall be the Clerk of the Special Court. The Clerk shall 
supply such number of deputy clerks and other personnel as the business 
of the Special Court may require. All rules of said District Court with 
respect to the Clerk shall apply to his functions as Clerk of the 
Special Court.
    C. Executive attorney. The Court may appoint an executive attorney 
who shall be subject to removal by the Court. The executive attorney's 
official station shall be at the United States Courthouse, Washington, 
D.C. 20001.
    D. Communications. All communications to the Special Court, save 
those hereafter directed to be sent directly to the judges, shall be 
made to the executive attorney who shall transmit them in accordance 
with directions of the Court or a judge thereof.
    E. Place of conducting proceedings. At the discretion of the judges 
of the Special Court, hearings, oral arguments and any other proceedings 
may be held in any federal courthouse or other federal building within 
the region as defined in Sec. 102(15) of the Regional Rail 
Reorganization Act of 1973 or at the official station of any judge of 
the Court.

                       References in Text

    Section 102(15) of the Regional Rail Reorganization Act of 1973, 
referred to in par. E, defining ``Region'', was redesignated section 
102(17) by Pub. L. 97-35, title XI, Sec. 1135(b), Aug. 13, 1981, 95 
Stat. 646, and is classified to section 702(17) of this title.

                       Rule 4. Panels of the Court

    A. Two panels. The Court shall consist of two panels of three judges 
to be known as the General Panel and the Sec. 1152 Panel. The General 
Panel consists of the judges appointed from time to time by the Judicial 
Panel on Multidistrict Litigation under Sec. 209(b) of the Regional Rail 
Reorganization Act of 1973 (the Act). The Sec. 1152 Panel consists of 
the judges appointed from time to time by the Judicial Panel on 
Multidistrict Litigation under Sec. 1152(d) of the Northeast Rail 
Service Act of 1981 (NRSA).
    B. Presiding Judges. Each panel shall appoint one of its members as 
its Presiding Judge. The Presiding Judge of the General Panel shall be 
the Presiding Judge of the Court.
    C. The General Panel. The General Panel shall have exclusive 
jurisdiction over all actions described in Sec. 209(e), over proceedings 
under Secs. 303 and 306(c)(4), and over supplemental transactions 
proposed under Sec. 305 of the Act.
    D. The Sec. 1152 Panel. The Sec. 1152 Panel shall have primary 
responsibility for all actions arising under Sec. 1152(a) of NRSA. If 
the Presiding Judge of the Sec. 1152 Panel so requests, one or more of 
the judges of the General Panel may (but shall not be required to) sit 
in a particular action under Sec. 1152(a) of NRSA in the place and stead 
of the same number of judges of the Sec. 1152 Panel. Any such request 
shall be made to the Presiding Judge of the General Panel or, in the 
event of his unavailability, to one of the other judges of the General 
Panel in order of precedence.

                       References in Text

    Section 209(b) and (e) of the Regional Rail Reorganization Act of 
1973, referred to in pars. A and C, is section 209(b) and (e) of Pub. L. 
93-236, title II, Jan. 2, 1974, 87 Stat. 999, which is classified to 
section 719(b) and (e) of this title.
    Section 1152 of the Northeast Rail Service Act of 1981, referred to 
in pars. A and D, is section 1152 of Pub. L. 97-35, title XI, Aug. 13, 
1981, 95 Stat. 676, which is classified to section 1105 of this title.
    Sections 303, 306(c)(4), and 305 of the Act, referred to in par. C, 
are section 303 of Pub. L. 93-236, title III, Jan. 2, 1974, 87 Stat. 
1005, which is classified to section 743 of this title, and sections 
306(c)(4) and 305 of Pub. L. 93-236, title III, as added Pub. L. 94-210, 
title VI, Sec. 610(b), Feb. 5, 1976, 90 Stat. 100, 104, which are 
classified to sections 746(c)(4) and 745 of this title, respectively.

                 Rule 5. Action by Single Judge--Quorum

    A. Action by single judge. Any one of the judges of the General 
Panel shall have the power with respect to actions described in Rule 4C, 
and any one of the judges of the Sec. 1152 Panel (or any judge of the 
General Panel designated pursuant to Rule 4D) shall have the power with 
respect to actions arising under Sec. 1152 of NRSA, specified in the 
case of three-judge courts by 28 U.S.C. Sec. 2284(b)(3) and the powers 
exercised by a single judge in accordance with established procedures in 
the courts of appeals. A panel may also authorize a single judge to 
preside over the taking of testimony.
    B. Quorum. Subject to paragraph A of this rule, two judges of the 
General Panel shall constitute a quorum with respect to actions 
described in Rule 4C, and two judges who are members of the Sec. 1152 
Panel or who have been designated pursuant to Rule 4D shall constitute a 
quorum with respect to actions arising under Sec. 1152(a) of NRSA.
    C. Inability of one judge to participate in decision. If a matter 
has been heard by a panel of three judges and one of such judges shall 
be unable to continue with the consideration of the matter by reason of 
death, illness, resignation, or incapacity, or shall be relieved of such 
consideration at his request, the two remaining judges will determine 
the matter if they are in agreement and neither requests the designation 
of a third judge.

                       References in Text

    Section 1152 of NRSA, referred to in pars. A and B, is section 1152 
of Pub. L. 97-35, title XI, Aug. 13, 1981, 95 Stat. 676, which is 
classified to section 1105 of this title.

                            Rule 6. Sessions

    The Court shall not hold formal terms, but shall be deemed always 
open.

                            Rule 7. Attorneys

    Every member in good standing of the bar of any district court or 
court of appeals of the United States or of the bar of the Supreme Court 
of the United States is entitled to practice before the Special Court. 
Any other attorney desiring so to practice must obtain admission to 
practice before the United States District Court for the District of 
Columbia.

                 Rule 8. Form of Briefs and Other Papers

    Printing of briefs or any other papers filed in this Court is not 
required. Briefs and other papers may be typewritten on opaque, unglazed 
paper 8\1/2\ by 11 inches in size, with copies reproduced by any method 
resulting in clearly readable copy. All briefs and other papers shall be 
double spaced. Briefs shall be bound in soft covers: blue for the United 
States Railway Association (USRA); green for Consolidated Rail 
Corporation (Conrail); grey for the Secretary of Transportation 
(Secretary) and the United States; yellow for Central Jersey Industries 
and Lehigh & New England Railroad; purple for railway labor 
organizations; pink for commuter authorities; and white for other 
parties.

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

    See section 1341 of this title.

Rule 9. General Provision With Respect to Filing of Pleadings and Other 
                                 Papers

    Two copies of each pleading or other paper filed with the Clerk 
shall be delivered to each of the three judges of the panel of the Court 
to which the matter has been assigned. Each such paper shall contain in 
its caption a precis stating the name of the party filing the paper, the 
nature of the paper filed, and, where applicable, the nature of the 
relief sought and the names of the persons against whom relief is 
sought. Four copies of each such paper that is required to be served 
upon any person shall be delivered to the Clerk.

Rule 10. Proceedings Under Sec. 209(e) of the Act, Sec. 1152(a) of NRSA 
               and of Similar Nature--Filings and Service

    A. Scope. This Rule applies to:
    (1) Any civil action described in Sec. 209(e) of the Act or 
Sec. 1152(a) of NRSA;
    (2) Any other civil action of which this Court has jurisdiction 
wherein the plaintiff seeks relief against a particular defendant or 
defendants, except proceedings under Sec. 303(c) of the Act and 
proceedings under Sec. 306(c)(4) for the determination of the base value 
of certificates of value.
    B. Initial process and assignment. The procedures for commencement 
of an action under this Rule are:
    (1) The process for beginning an action under this rule shall be as 
described in Rule 4, F.R.Civ.P., except as the Court shall otherwise 
order;
    (2) Subsequent to the filing of any such action, that action shall 
be assigned to a panel of the Court, in accordance with Special Court 
Rule 4, by an order of the executive attorney. Two copies of each 
pleading or other paper filed with the Clerk shall be delivered by the 
person filing the paper to each of the judges of the panel to which the 
matter has been assigned.
    C. Subsequent pleadings and other papers. Service and filing of 
other papers shall be as described in Rule 5, F.R.Civ.P., except as the 
Court shall otherwise order.
    D. Actions under Sec. 209(e)(1)(D) of the Act or Sec. 1152(a)(3) of 
NRSA. The complaint in any action under Sec. 209(e)(1)(D) or 
Sec. 1152(a)(3) shall be accompanied by a statement why adequate relief 
cannot be had under the Federal Rules of Civil Procedure, Part V. The 
Court may dismiss any such action on motion or sua sponte for failure to 
file such a statement or if the statement is inadequate.

                       References in Text

    Section 209(e) and (e)(1)(D) of the Act, referred to in pars. A(1) 
and D, is section 209(e) and (e)(1)(D) of Pub. L. 93-236, title II, Jan. 
2, 1974, 87 Stat. 999, which is classified to section 719(e) and 
(e)(1)(D) of this title.
    Section 1152(a) and (a)(3) of NRSA, referred to in pars. A(1) and D, 
is section 1152(a) and (a)(3) of Pub. L. 97-35, title XI, Aug. 13, 1981, 
95 Stat. 676, which is classified to section 1105(a) and (a)(3) of this 
title.
    Sections 303(c) and 306(c)(4) of the Act, referred to in par. A(2), 
are section 303(c) of Pub. L. 93-236, title III, Jan. 2, 1974, 87 Stat. 
1005, which is classified to section 743(c) of this title, and section 
306(c)(4) of Pub. L. 93-236, title III, as added Pub. L. 94-210, title 
VI, Sec. 610(b), Feb. 5, 1976, 90 Stat. 104, which is classified to 
section 746(c)(4) of this title.
    The Federal Rules of Civil Procedure, referred to in pars. B(1), C, 
and D, are set out in the Appendix to Title 28, Judiciary and Judicial 
Procedure.

 Rule 11. Proceedings Under Sec. 303(c) and Under Sec. 306(c)(4) of the 
                        Act--Filings and Service

    Except as the Court may otherwise direct by order, any pleading or 
paper filed with the Clerk in proceedings under Secs. 303(c) and 
306(c)(4) of the Act shall be served on all members of the Transferor 
Steering Committee and of the Government Parties Steering Committee, as 
those Steering Committees may be constituted from time to time. Two 
copies of each such pleading or other paper so filed and served shall be 
delivered to each of the three judges of the General Panel.

                       References in Text

    Sections 303(c) and 306(c)(4) of the Act, referred to in text, are 
section 303(c) of Pub. L. 93-236, title III, Jan. 2, 1974, 87 Stat. 
1005, which is classified to section 743(c) of this title, and section 
306(c)(4) of Pub. L. 93-236, title III, as added Pub. L. 94-210, title 
VI, Sec. 610(b), Feb. 5, 1976, 90 Stat. 104, which is classified to 
section 746(c)(4) of this title.

       Rule 12. Applicability of Federal Rules of Civil Procedure

    Except as herein otherwise provided, proceedings described in Rule 
10 and Rule 11 shall conform to the Federal Rules of Civil Procedure 
insofar as these may be applicable and are not inconsistent with the 
Act, NRSA, or the rules of this Court, save as the Court for good cause 
may otherwise direct by order in a particular case or class of cases.

                       References in Text

    The Federal Rules of Civil Procedure, referred to in text, are set 
out in the Appendix to Title 28, Judiciary and Judicial Procedure.
    The Act, referred to in text, means the Regional Rail Reorganization 
Act of 1973, Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as amended, 
which is classified principally to this chapter (Sec. 701 et seq.). For 
complete classification of this Act to the Code, see Short Title note 
set out under section 701 of this title and Tables.
    NRSA, referred to in text, is subtitle E of title XI (Secs. 1131-
1169) of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 643, 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.

      Rule 13. Proceedings Involving Interstate Commerce Commission

    In any proceeding involving a question that arises under the 
Interstate Commerce Act and related laws (codified in Subtitle 4 of 
Title 49 of the United States Code), or the rules, regulations, or 
orders of the Interstate Commerce Commission issued thereunder, or that 
affects a proceeding that is pending before or may properly be brought 
in the first instance before the Interstate Commerce Commission, a copy 
of each pleading or other paper filed with the Clerk shall be served 
upon the General Counsel, Interstate Commerce Commission, Washington, 
D.C. 20423.

                       References in Text

    Subtitle 4 of Title 49 of the United States Code, referred to in 
text, probably means subtitle IV (Sec. 10101 et seq.) of Title 49, 
Transportation.

  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.

          Rule 14. Proceedings Under Section 305(d) of the Act

    A. Commencement of proceedings. Proceedings under Sec. 305(d) of the 
Act shall begin by the filing of a petition by USRA or the Secretary.
    B. Service of petition on Conrail and publication in the Federal 
Register. The petition shall be served upon Conrail prior to its filing 
with the Special Court, and notice of the petition shall be published in 
the Federal Register within seven days after filing.
    C. Answer of Conrail to petition. Any answer by Conrail shall be 
served on the petitioner and filed with the Court within fourteen days 
after the filing of the petition.
    D. Application for intervention. Except for good cause shown, any 
application for leave to intervene shall be served on the petitioner and 
filed within fourteen days after publication of the petition in the 
Federal Register.
    E. Filing of record. The petitioner shall file the record made 
before USRA, the Secretary, and the Interstate Commerce Commission 
within fourteen days after the filing of the petition.
    F. Additional evidence. Any application for leave to adduce 
additional evidence shall be made within twenty-one days after the 
filing of the petition and, except for good cause shown, any such 
application by an intervenor shall be made within seven days after the 
grant of intervention or the filing of the record, whichever shall last 
occur. Such an application will be granted only if the applicant shows 
to the satisfaction of the Court that such additional evidence is 
material, that there were reasonable grounds for failure to adduce it in 
earlier proceedings, and that granting the application will not prevent 
the Court from deciding the petition within the time provided by the 
Act.

                       References in Text

    The Act, referred to in pars. A and F, is Pub. L. 93-236, Jan. 2, 
1974, 87 Stat. 985, as amended, known as the Regional Rail 
Reorganization Act of 1973, which is classified principally to this 
chapter (Sec. 701 et seq.). Section 305(d) of the Act is classified to 
section 745(d) 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.

  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.

                            Rule 15. Motions

    Except as provided in Rule 16 or as the Court may otherwise direct 
by order, all motions shall be made only by order to show cause 
submitted to the executive attorney of the Court, who will set the 
nature of further proceedings, including the date and place of any 
hearing, on instructions from one or more of the judges, or, in the 
event of his absence or unavailability, to one of the judges of the 
Court who will proceed in similar fashion.

           Rule 16. Entry of Orders by the Executive Attorney

    A. Entry of orders by executive attorney. The executive attorney is 
authorized, in his discretion and subject to review by the Court, to 
take appropriate action and enter orders for the Court in procedural 
matters including the following:
    (1) Orders granting procedural motions, if such a procedural motion 
contains a written statement that all parties consent to the entry of an 
order granting the motion;
    (2) Orders granting motions to which no objections have been filed 
in response to an order to show cause issued pursuant to Rule 15;
    (3) Orders granting motions for voluntary dismissal of an action 
pursuant to Rule 41(a)(2), F.R.Civ.P.;
    (4) Pretrial orders entered pursuant to Rule 16, F.R.Civ.P.;
    (5) Orders scheduling proceedings before the Court.
    B. Reconsideration of orders entered by executive attorney. Any 
party adversely affected by an order entered by the executive attorney 
pursuant to this subdivision or rule shall be entitled to 
reconsideration thereof by a judge of the Court if, within fourteen days 
of entry of such order, such party files a motion for reconsideration 
giving the grounds therefor.

                       References in Text

    Rules 41(a)(2) and 16, F.R.Civ.P., referred to in par. A(3) and (4), 
are Rules 41(a)(2) and 16 of the Federal Rules of Civil Procedure, which 
are set out in the Appendix to Title 28, Judiciary and Judicial 
Procedure.

               Rule 17. Opinions and Rulings of the Court

    Opinions and rulings of the Special Court, unless delivered orally, 
shall be filed in the office of the Clerk who shall promptly reproduce 
them and distribute one copy to each party.

                 Rule 18. Petitions for Reconsideration

    A. Time for filing; content; answer; action by Court if granted. A 
petition for reconsideration may be filed within 20 days after entry of 
judgment unless the time is shortened or enlarged by order. The petition 
shall state with particularity the points of law or fact which in the 
opinion of the petitioner the Court has overlooked or misapprehended and 
shall contain such argument in support of the petition as the petitioner 
desires to present. Oral argument in support of the petition will not be 
permitted. No answer to a petition for reconsideration will be received 
unless requested by the Court, but a petition for reconsideration will 
ordinarily not be granted in the absence of such a request. If a 
petition for reconsideration is granted the Court may make a final 
disposition of the cause without reargument or may restore it to the 
calendar for reargument or resubmission or may make such other orders as 
are deemed appropriate under the circumstances of the particular case.
    B. Filing of petition; length. Any petition for reconsideration 
shall be filed in the manner prescribed by Rule 9. Except with 
permission by the Court, a petition for reconsideration shall not exceed 
20 pages.

 Rule 19. References to Regional Rail Reorganization Act and Northeast 
                            Rail Service Act

    In all papers filed with the Court references of sections of the 
Regional Rail Reorganization Act of 1973 or Northeast Rail Service Act 
of 1981 shall be to such sections as numbered in the applicable Act and 
not to such sections as numbered in the U.S. Code.

                       References in Text

    The Regional Rail Reorganization Act of 1973, referred to in text, 
is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as amended, which is 
classified principally to this chapter (Sec. 701 et seq.). For complete 
classification of this Act to the Code, see Short Title note set out 
under section 701 of this title and Tables.
    The Northeast Rail Service Act of 1981, referred to in text, is 
subtitle E of title XI (Secs. 1131-1169) of Pub. L. 97-35, Aug. 13, 
1981, 95 Stat. 643. For complete classification of this Act to the Code, 
see Short Title note set out under section 1101 of this title and 
Tables.
