Page:United States Statutes at Large Volume 90 Part 1.djvu/170

 90 STAT. 120 47 USC 609. w,-ai =.>.M.^

PUBLIC LAW 9 4 - 2 1 0 — F E B. 5, 1976 Communications Act of 1934, for the purpose of continuing existing, and creating new and improved, rail passenger radio mobile telephone service in the higli-speed rail passenger service area specified in section 703(1) of this title. (b) TRANSFER OF K A I L PROPERTIES.—The Corporation, on the date of

conveyance pursuant to section 303(b)(1) of the Kegional Rail Reorganization Act of 1973 (45 U.S.C. 743), shall, by purchase or lease, transfer to the National Railroad Passenger Corporation all rail properties designated pursuant to sections 206(c)(1)(C) and 601(d) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(c) (1)(C) and 7 9 1 (d)), and it shall, within 180 days after the date of enactment of this title, execute agreements providing for the National Railroad Passenger Corporation to assume (1) all operational responsibilit}^ for intercity rail passenger services with respect to such properties, and (2) control and maintenance of the properties transferred. Such parties may agree to retaining or transferring, in whole or in part, operational responsibility for rail freight or commuter rail services in the area specified. (c) DEFINITION. — A s used in this title, the term "Northeast Corridor" means the States of Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, and Maryland, and the District of Columbia. OPERATIONS REVIEW PANEL

45 USC 852.

SEC. 702. (a) ESTABLISHMENT.—There is established an entity which shall be representative of the various users of Northeast Corridor rail transportation facilities, to be known as the Operations Review Panel (hereafter in this section referred to as the " P a n e l "). The Panel shall have the authority to take such actions as are necessary to resolve differences of opinion concerning operations (among or between the National Railroad Passenger Corporation, other railroads, and State, local, and regional agencies responsible for the provision of commuter rail, rapid rail, or rail freight services), with respect to all matters except those conferred on the Commission in section 402(a) of the Rail Passenger Service Act (45 U.S.C. 5 6 2 (a)). (b) ME3fBERSHip.—The Panel shall consist of 5 members, as follows: (1) one member who shall be selected by the chief executive officer of the National Railroad Passenger Corporation; (2) one member who shall be selected by majority vote of the commuter rail authorities which are subject to the jurisdiction of the P a n e l; (3) one member who shall be selected by the chief executive officer of the Corporation; and (4) two neutral members who shall be selected by the Chairman of the National Mediation Board. The members shall each serve a term of 4 years from the date of such selection, or until a successor has been selected. If, within 45 days after the date of enactment of this Act, the National Railroad Passenger Corporation, the commuter authorities, or the Corporation fails to select the member w h o it is authorized to select under this subsection, the Chairman of the National Mediation Board shall, within 30 days after the expiration of such 45-day period, appoint a member on behalf of such party. Any member so appointed shall serve until such time as the party so represented selects a successor. (c) DECISIONS AND REVIEW.—All decisions of the Panel shall be final and binding on the parties. All costs and expenses of the Panel shall be paid by (1) the National Railroad Passenger Corporation, (2) the

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