
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: 49USC10903]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
                         CHAPTER 109--LICENSING
 
Sec. 10903. Filing and procedure for application to abandon or 
        discontinue
        
    (a)(1) A rail carrier providing transportation subject to the 
jurisdiction of the Board under this part who intends to--
        (A) abandon any part of its railroad lines; or
        (B) discontinue the operation of all rail transportation over 
    any part of its railroad lines,

must file an application relating thereto with the Board. An abandonment 
or discontinuance may be carried out only as authorized under this 
chapter.
    (2) When a rail carrier providing transportation subject to the 
jurisdiction of the Board under this part files an application, the 
application shall include--
        (A) an accurate and understandable summary of the rail carrier's 
    reasons for the proposed abandonment or discontinuance;
        (B) a statement indicating that each interested person is 
    entitled to make recommendations to the Board on the future of the 
    rail line; and
        (C)(i) a statement that the line is available for subsidy or 
    sale in accordance with section 10904 of this title, (ii) a 
    statement that the rail carrier will promptly provide to each 
    interested party an estimate of the annual subsidy and minimum 
    purchase price, calculated in accordance with section 10904 of this 
    title, and (iii) the name and business address of the person who is 
    authorized to discuss the subsidy or sale terms for the rail 
    carrier.

    (3) The rail carrier shall--
        (A) send by certified mail notice of the application to the 
    chief executive officer of each State that would be directly 
    affected by the proposed abandonment or discontinuance;
        (B) post a copy of the notice in each terminal and station on 
    each portion of a railroad line proposed to be abandoned or over 
    which all transportation is to be discontinued;
        (C) publish a copy of the notice for 3 consecutive weeks in a 
    newspaper of general circulation in each county in which each such 
    portion is located;
        (D) mail a copy of the notice, to the extent practicable, to all 
    shippers that have made significant use (as designated by the Board) 
    of the railroad line during the 12 months preceding the filing of 
    the application; and
        (E) attach to the application filed with the Board an affidavit 
    certifying the manner in which subparagraphs (A) through (D) of this 
    paragraph have been satisfied, and certifying that subparagraphs (A) 
    through (D) have been satisfied within the most recent 30 days prior 
    to the date the application is filed.

    (b)(1) Except as provided in subsection (d), abandonment and 
discontinuance may occur as provided in section 10904.
    (2) The Board shall require as a condition of any abandonment or 
discontinuance under this section provisions to protect the interests of 
employees. The provisions shall be at least as beneficial to those 
interests as the provisions established under sections 11326(a) and 
24706(c) \1\ of this title.
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    \1\ See References in Text note below.
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    (c)(1) In this subsection, the term ``potentially subject to 
abandonment'' has the meaning given the term in regulations of the 
Board. The regulations may include standards that vary by region of the 
United States and by railroad or group of railroads.
    (2) Each rail carrier shall maintain a complete diagram of the 
transportation system operated, directly or indirectly, by the rail 
carrier. The rail carrier shall submit to the Board and publish 
amendments to its diagram that are necessary to maintain the accuracy of 
the diagram. The diagram shall--
        (A) include a detailed description of each of its railroad lines 
    potentially subject to abandonment; and
        (B) identify each railroad line for which the rail carrier plans 
    to file an application to abandon or discontinue under subsection 
    (a) of this section.

    (d) A rail carrier providing transportation subject to the 
jurisdiction of the Board under this part may--
        (1) abandon any part of its railroad lines; or
        (2) discontinue the operation of all rail transportation over 
    any part of its railroad lines;

only if the Board finds that the present or future public convenience 
and necessity require or permit the abandonment or discontinuance. In 
making the finding, the Board shall consider whether the abandonment or 
discontinuance will have a serious, adverse impact on rural and 
community development.
    (e) Subject to this section and sections 10904 and 10905 of this 
title, if the Board--
        (1) finds public convenience and necessity, it shall--
            (A) approve the application as filed; or
            (B) approve the application with modifications and require 
        compliance with conditions that the Board finds are required by 
        public convenience and necessity; or

        (2) fails to find public convenience and necessity, it shall 
    deny the application.

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

                       References in Text

    Section 24706(c) of this title, referred to in subsec. (b)(2), was 
repealed by Pub. L. 105-134, title I, Sec. 142(a), Dec. 2, 1997, 111 
Stat. 2576.


                            Prior Provisions

    A prior section 10903, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1403; 
Pub. L. 96-448, title IV, Sec. 402(a), Oct. 14, 1980, 94 Stat. 1941; 
Pub. L. 98-216, Sec. 2(14), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103-272, 
Sec. 5(m)(24), July 5, 1994, 108 Stat. 1378, related to authorizing 
abandonment and discontinuance of railroad lines and rail 
transportation.


  Railroad Branchline Abandonments by Burlington Northern Railroad in 
                              North Dakota

    Pub. L. 97-102, title IV, Sec. 402, Dec. 23, 1981, 95 Stat. 1465, as 
amended by Pub. L. 102-143, title III, Sec. 343, Oct. 28, 1991, 105 
Stat. 948, provided that: ``Notwithstanding any other provision of law 
or of this Act, none of the funds provided in this or any other Act 
shall hereafter be used by the Interstate Commerce Commission to approve 
railroad branchline abandonments in the State of North Dakota by the 
entity generally known as the Burlington Northern Railroad, or its 
agents or assignees, in excess of a total of 350 miles, except that 
exempt abandonments and discontinuances that are effectuated pursuant to 
section 1152.50 of title 49 of the Code of Federal Regulations after the 
date of enactment of the Department of Transportation and Related 
Agencies Appropriations Act, 1992 [Oct. 28, 1991], shall not apply 
toward such 350-mile limit: Provided, That this section shall be in lieu 
of section 311 (amendment numbered 93) as set forth in the conference 
report and the joint explanatory statement of the committee of 
conference on the Department of Transportation and Related Agencies 
Appropriations Act, 1982 (H.R. 4209), filed in the House of 
Representatives on November 13, 1981 (H. Rept. No. 97-331).'' [Section 
311 of H.R. 4209 is section 311 of Pub. L. 97-102, title III, Dec. 23, 
1981, 95 Stat. 1460, which is not classified to the Code.] Similar 
provisions were contained in Pub. L. 97-92, title IV, Sec. 115, Dec. 15, 
1981, 95 Stat. 1196.
    [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 this title, and section 101 of Pub. L. 104-88, set out as a note 
under section 701 of this title. 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 this title.]

                  Section Referred to in Other Sections

    This section is referred to in sections 10904, 10905, 10907, 11702, 
11901 of this title; title 45 section 748.
