Page:United States Statutes at Large Volume 90 Part 1.djvu/184

 9 0 STAT. 1 3 4 45 USC 716. 45 USC 743.

45 USC 715.

Rules and regulations.

Notice.

PUBLIC LAW 9 4 - 2 1 0 — F E B. 5, 1976 rail properties (under section 206(g) of this Act) or as part of a coordination project (under sections 206(c) and (g) of this Act), rail service on such properties may be discontinued, subsequent to the date of conveyance of rail properties pursuant to such section 303(b)(1), if the Commission determines that such rail service on such rail properties is not compensatory and if— " (i) the petitioner and any other railroad involved in such arrangement or coordination project have, prior to filing an application for such discontinuance, entered into a binding agreement (effective on or before the effective date of such discontinuance) to carry out such arrangement or project; " ( i i) such application is filed with the Commission not later than 1 year after the effective date of the final system p l a n; and " ( i i i) such discontinuance is not precluded by the terms of the leases and agreements referred to in such section 303(b)(2). " (B) For purposes of this paragraph, rail sendee on rail properties is compensatory if the revenue attributable to such properties from such service equals or exceeds the sum of the avoidable costs of providing such service on such properties plus a reasonable return on the value of such rail properties, as determined in accordance with the standards developed pursuant to section 205(d)(6) of this Act. " (C) The Commission shall make its final determination, with respect to any discontinuance requested under this paragraph, not later than 120 days after the date of filing of an application therefor. The applicant shall have the burden of proving that the service involved is not compensatory. I f the Commission fails to make a final determination within such time, the application shall be deemed to be granted. " (D) The Commission may issue such rules, regulations, and procedures as it deems necessary for the conduct of its functions under this paragraph. " (b) ABANDONMENT.— (1) Except as provided in subsections (c) and (f) of this section, rail properties over which rail service has been discontinued under subsection (a) of this section may not be abandoned sooner than 120 days after the effective date of the discontinuance. Thereafter, except as provided in subsection (c) of this section, such rail properties may be abandoned upon 30 days' notice i n writing to any person (including a government entity) required to receive notice under subsection (a)(1)(C) of this section. " (2) I n any case in which rail properties proposed to be abandoned under this section are designated by the final system plan as rail properties which are suitable for use for other public purposes (including roads or highways, other forms of mass transportation, conservation, and recreation), such rail properties shall not be sold, leased, exchanged, or otherwise disposed of during the 240-day period beginning on the date of notice of proposed abandonment under this section unless such rail properties have first been offered, upon reasonable terms, for acquisition for public purposes. " (3) Rail service may be discontinued, under subsection (a) of this section, and rail properties may be abandoned, under this section, notwithstanding any provision of the Interstate Commerce Act, the constitution or law of any State, or the decision of any court or administrative agency of the United States or of any State. " (c) CONTINUATION OF RAIL, SERVICES.—No r a i l service may be dis-

continued and no rail properties may be abandoned, pursuant to this section— " (1) in the case of service and properties referred to in subsections (a)(1) and (b)(1) of this section, after 2 years from the

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