
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: 45USC904]

 
                           TITLE 45--RAILROADS
 
              CHAPTER 18--MILWAUKEE RAILROAD RESTRUCTURING
 
Sec. 904. Court approved abandonments and sales


(a) Abandonment of lines of railroad under section 1170 of title 11

    (1) Upon the occurrence of an event described in section 920(b) of 
this title, or on April 1, 1980, whichever first occurs, the bankruptcy 
court may authorize the abandonment of lines of the Milwaukee Railroad 
pursuant to section 1170 of title 11. Pending the expiration of the time 
for appeal of an abandonment order or the determination of any such 
appeal, the bankruptcy court may authorize the termination of service on 
a line to be abandoned, and the order authorizing such termination may 
not be stayed. In authorizing any abandonment pursuant to this section, 
the court shall require the carrier to provide a fair arrangement at 
least as protective of the interests of employees as that required under 
section 11347 \1\ of title 49.
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    \1\ See References in Text note below.
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    (2) Prior to the date specified in paragraph (1) of this subsection, 
the bankruptcy court may hear and consider any request for the 
abandonment of lines of the Milwaukee Railroad, and may fix the time for 
the Commission's report on the request, but it may take final action 
authorizing such abandonment only in accordance with such paragraph (1).

(b) Sale or transfer of lines of railroad

    (1) Upon the occurrence of an event described in section 920(b) of 
this title, or on April 1, 1980, whichever first occurs, the bankruptcy 
court may authorize the sale or transfer of a line of the Milwaukee 
Railroad to be used in continued rail operations, subject to the 
approval of the Commission under paragraph (2) of this subsection. In 
authorizing any such sale or transfer, the court shall provide a fair 
arrangement at least as protective of the interest \2\ of employees as 
that required under section 11347 \1\ of title 49.
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    \2\ So in original. Probably should be ``interests''.
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    (2) The bankruptcy court may not authorize a sale or transfer 
pursuant to paragraph (1) of this subsection unless an appropriate 
application with respect to such sale or transfer is initiated with the 
Commission and, within such time as the court may fix, not exceeding 180 
days, the Commission, with or without a hearing, as the Commission may 
determine, and with or without modification or condition, approves such 
application, or does not act on such application. Any action or order of 
the Commission approving, modifying, conditioning, or disapproving such 
application is subject to review by the court only under sections 
706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5. An 
application may be initiated with the Commission prior to the date 
specified in paragraph (1) of this subsection.
    (3) Pending review of an application by the Commission pursuant to 
paragraph (2) of this subsection, the bankruptcy court may, on a 
preliminary basis, authorize the sale or transfer of lines of the 
Milwaukee Railroad to another rail carrier. The court may permit the 
purchasing carrier to operate interim service as a common carrier over 
the lines to be purchased, without regard to section 10901 of title 49. 
In operating such service, the purchasing carrier shall use employees of 
the Milwaukee Railroad to the extent necessary for the operation of such 
service. The bankruptcy court may take final action authorizing any such 
sale or transfer only in accordance with paragraph (1) of this 
subsection.

(c) Effect on priorities and timing of employee protection payments

    Nothing in this section shall be deemed to affect the priorities or 
timing of payment of employee protection which might have existed in the 
absence of this chapter.

(Pub. L. 96-101, Sec. 5, Nov. 4, 1979, 93 Stat. 737.)

                       References in Text

    Section 11347 of title 49, referred to in subsecs. (a)(1) and 
(b)(1), 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. Provisions similar to those in section 11347 are 
contained in section 11326(a) of Title 49.

  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.

                  Section Referred to in Other Sections

    This section is referred to in section 915 of this title.
