Page:United States Statutes at Large Volume 92 Part 2.djvu/124

 92 STAT. 1404 Certificate.

Post, p. 1439

49 USC 10904.

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PUBLIC LAW 95-473—OCT. 17, 1978 (2) On approval, the Commission shall issue to the rail carrier a certificate describing the abandonment or discontinuance approved by the Commission. Each certificate shall also contain provisions to protect the interests of employees. The provisions shall be at least as beneficial to those interests as the provisions established under section 11347 of this title and section 565(b) Of title 45. (c) Except as provided in sections 10905 and 10906 of this title— (1) if a certificate is issued without an investigation under section 10904(c) of this title, the abandonment or discontinuance may take effect under the certificate on the 30th day after the issuance of the certificate; or (2) if a certificate is issued after an investigation under section 10904(c) of this title, the abandonment or discontinuance may take effect under the certificate on the 120th day after the issuance of the certificate. § 10904. Filing and procedure for applications to abandon or discontinue (a)(1) An application for a certificate of abandonment or discontinuance under section 10903 of this title, and a notice of intent to abandon or discontinue, must be filed with the Interstate Commerce Commission at least 60 days before the day on which the abandonment or discontinuance is to become effective. (2) When a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title files an application and notice of intent, the notice shall include— (A) an accurate and understandable summary of the rail carrier's application and the reasons for the proposed abandonment or discontinuance; and ' (B) a- statement indicating that each interested person is entitled to recommend to the Commission that it approve, deny, or take other action concerning the application. (3) The rail carrier shall— (A) send by certified mail a copy of the notice of intent to the chief executive officer of each State that would be directly affected by the proposed abandonment or discontinuance; (B) pos;t 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 Commission) of the railroad line during the 12 months preceding the filing of the application; and ' (E) attach to the notice filed with the Commission an affidavit certifying the manner in which clauses (A) - (D) of this paragraph have been satisfied. (b) The burden is on the person applying for the certificate to prove that the present or future public convenience and necessity require or permit the abandonment or discontinuance* (c)(1) During the period between the date the application is filed through the day immediately before the date proposed in the application that the abandonment or discontinuance become effective, the dommission shall, on petition, and may, on its own initiative, begin

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