Page:United States Statutes at Large Volume 90 Part 1.djvu/119

 PUBLIC LAW 94-210—FEB. 5, 1976

90 STAT. 69

(2) to effect the payment, when due, of the principal of, and any interest on. Fund anticipation notes and Fund bonds issued by the Secretary pursuant to sections 507 and 508 of this title, (3) to redeem, as contemplated by section 507(c) and section 508(g) of this title. Fund anticipation notes and Fund bonds, (4) in such amounts as are provided in appropriation acts, to make payment of all expenses incurred by the Secretary in carrying out his duties with respect to the Fund, and (5) to make transfers to the general fund of the Treasury. CLASSIFICATION AND DESIGNATION OF RAIL L I N E S

SEC. 503. (a) TRAFFIC D E N S I T Y ANALYSIS.—Within 90 days after

Submittal to

the date of enactment of this Act, each railroad designated by the Commission as a class I railroad shall prepare and submit to the Secretary a full and complete analysis of the rail system operated by it. Such analysis shall indicate the traffic density for the preceding 5 calendar years on each of the main and branch rail lines of the railroad submitting such analysis. The requirements of the two preceding sentences shall not apply to any railroad subject to reoiganization pursuant to the Regional Rail Reorganization Act of 1973.

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Transportation.

45 USC 823.

45 USC 701 note.

(b) PRELIMINARY STANDARDS AND DESIGNATIONS.—Within 180 days

after the date of enactment of this Act, the Secretary shall develop and publish— (1) the preliminary standards for classification, in at least 3 categories, of main and branch rail lines according to the degree to which they are essential to the rail transportation system; and (2) the preliminary designations with respect to each main and branch rail line, in accordance with such standards for classification. The classification of rail lines for purposes of this subsection shall be based on the level of usage measured in gross-ton-miles, the contribution to the economic viability of the railroad which controls such lines, and the contribution of such lines to the probable economic viability of any other railroads which participate in the traffic originating on such lines. I n determining "level of usage" and "probable economic viability", for purposes of such classification, the Secretary shall take into account operational service and other a p p r o p r i a t e factors, and 1 e may make reasonable allowance for differences in operation among individual railroads or groups of railroads. (c) P U B L I C HEARINGS.—Commencing 30 days after the date of publication of the standards and designations required under subsection (b) of this section, the Office shall conduct public hearings, at representative locations, to solicit comments and receive views on the prelimi n a r y standard s for classification and on the preliminary designations. The Office shall give notice of the date, time, and place of each such Notice. hearing, and such notices shall be designed and placed in such manner that all interested parties will have a full and fair opportunity to be heard. (d) REPORT BY OFFICE.—Within 120 days after the date of publication of the standard s and designations required under subsection (b) of this section, the Office shall submit a report to the Secretary containi n g its conclusions and recommendations with respect to such prelimin a r y standards for classification and such preliminary designations. T h i s report shall be based on the record which was developed by the Office during the hearings under subsection (c) of this section, as supplemented by such studies as may be undertaken by the Office.

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