Page:United States Statutes at Large Volume 109 Part 1.djvu/840

 109 STAT. 824 PUBLIC LAW 104.-88 —DEC. 29, 1995 Notice. Publication. Newspapers. Certification. Publication. "(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) of this title. "(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

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