Page:United States Statutes at Large Volume 92 Part 2.djvu/125

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1405

an investigation to assist it in determining what disposition to make of the application. The order to conduct the investigation must be served on any affected rail carrier not later than the 5th day before the proposed effective date of the abandonment or discontinuance. An investigation may include public hearings at any location reasonably adjacent to the railroad line involved in the abandonment or discontinuance. The hearing may be held on the request of an interested party or on the initiative of the Commission. (2) If an investigation is not conducted, the Commission shall act under section 10903(b) of this title by the last day of the period referred to in paragraph (1) of this subsection. If an investigation is to be conducted, the Commission shall postpone the proposed effective date of any part of the abandonment or discontinuance. The postponement shall be for a reasonable period of time necessary to complete the investigation. (d)(1) In this subsection, "potentially subject to abandonment" "Potentially has the meaning given the term in regulations of the Commission. The subject to regulations may include standards that vary by region of the United abandonment.' States and by railroad or group of railroads. (2) Each rail carrier shall maintain a complete diagram of the transportation system operated, directly or indirectly, by the carrier. The carrier shall submit to the Commission and publish amendments to its diagram that are necessary to maintain the accuracy of the diagram. The diagram shall— (A) include a detailed description of each of its railroad lines potentially subject to abandonment; and (B) identify each railroad line for which the carrier plans to file an application for a certificate under subsection (a) of this section. (3) If an application for a certificate is opposed by— (A) a shipper or other person that has made significant use (as determined by the Commission) of the railroad fine involved in the proposed abandonment or discontinuance during the 12month period before the filing of the application for a certificate; or (B) a State or political subdivision of a State in which any part of the railroad line is located; the Commission may issue a certificate under section 10903 of this title only if the railroad line has been described and identified in the diagram or amendment to the diagram of the rail carrier that was submitted to the Commission at least 4 months before the date on which the application was filed. § 10905. 0£fers of financial assistance to avoid abandonment and 49 USC 10905. discontinuance (a) In this section— (1) "avoidable cost" means all expenses that would be incurred "Avoidable by a rail carrier in providing transportation that would not be cost." incurred if the railroad line over which the transportation was provided were abandoned or if the transportation were discontinued. Expenses include cash inflows foregone and cash outflows incurred by the rail carrier as a result of not abandoning or discontinuing the transportation. Cash inflows foregone and cash outflows incurred include— (A) working capital and required capital expenditure; (B) expenditures to eliminate deferred maintenance;

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