Page:United States Statutes at Large Volume 92 Part 2.djvu/123

 PUBLIC LAW 95-473—OCT. 17, 1978 (4) take other reasonable and effective steps to publicize the • application; and (5) indicate in each transmission and publication that each interested person is entitled to recommend to the Commission i' that it approve, deny, or take other action concerning the application, (c)(1) If the Commission— (A) finds public convenience and necessity, it may— (i) approve the application as filed; or (ii) approve the application with modifications and require compliance with conditions the Commission finds necessary in the public interest; or (B) fails to find public convenience and necessity, it may deny the application. (2) On approval, the Commission shall issue to the rail carrier a certificate describing the construction or acquisition (or both) and operation approved by the Commission. § 10902. Authorizing action to provide adequate, efficient, and safe facilities The Interstate Commerce Commission may authorize a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title to take action necessary to provide adequate, efficient, and safe facilities to enable the rail carrier to perform its obligations under this subtitle, including extension of any of the carrier's railroad lines after issuance of a certificate under section 10901 of this title. The Commission may authorize a rail carrier to act under this section only if it finds that the expense involved will not impair the ability of the carrier to perform its obligations to the public. The Commission may conduct a proceeding on its own initiative or on application of an interested party. § 10903. Authorizing abandonment and discontinuance of railroad lines and rail transportation (a) A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title 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 Commission finds that the present or future public convenience and necessity require or permit the abandonment or discontinuance. In making the finding, the Commission shall consider whether the abandonment or discontinuance will have a serious, adverse impact on rural and community development. (b)(1) A proceeding to grant authority under subsection (a) of this section begins on application filed with the Commission. Subject to sections 10904-10906 of this title, if the Commission— (A) finds public convenience and necessity, it shall— . (i) approve the application as filed; or ,; (ii) approve the application with modifications and require compliance with conditions that the Commission finds are required by public convenience and necessity; or (B) fails to find public convenience and necessity, it shall deny the application.

92 STAT. 1403

Certificate issuance.

49 USC 10902.

Ante, p. 1359.

Proceeding, 49 USC 10903.

Adverse impact, Proceeding,

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