
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: 49USC10902]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
                         CHAPTER 109--LICENSING
 
Sec. 10902. Short line purchases by Class II and Class III rail 
        carriers
        
    (a) A Class II or Class III rail carrier providing transportation 
subject to the jurisdiction of the Board under this part may acquire or 
operate an extended or additional rail line under this section only if 
the Board issues a certificate authorizing such activity under 
subsection (c).
    (b) A proceeding to grant authority under subsection (a) of this 
section begins when an application is filed. On receiving the 
application, the Board shall give reasonable public notice of the 
beginning of such proceeding.
    (c) The Board shall issue a certificate authorizing activities for 
which such authority is requested in an application filed under 
subsection (b) unless the Board finds that such activities are 
inconsistent with the public convenience and necessity. Such certificate 
may approve the application as filed, or with modifications, and may 
require compliance with conditions (other than labor protection 
conditions) the Board finds necessary in the public interest.
    (d) The Board shall require any Class II rail carrier which receives 
a certificate under subsection (c) of this section to provide a fair and 
equitable arrangement for the protection of the interests of employees 
who may be affected thereby. The arrangement shall consist exclusively 
of one year of severance pay, which shall not exceed the amount of 
earnings from railroad employment of the employee during the 12-month 
period immediately preceding the date on which the application for such 
certificate is filed with the Board. The amount of such severance pay 
shall be reduced by the amount of earnings from railroad employment of 
the employee with the acquiring carrier during the 12-month period 
immediately following the effective date of the transaction to which the 
certificate applies. The parties may agree to terms other than as 
provided in this subsection. The Board shall not require such an 
arrangement from a Class III rail carrier which receives a certificate 
under subsection (c) of this section.

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 
823.)


                            Prior Provisions

    A prior section 10902, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1403, 
related to authorizing action by rail carriers to provide adequate, 
efficient, and safe facilities.

                  Section Referred to in Other Sections

    This section is referred to in sections 11702, 11901 of this title; 
title 45 section 797l.
