Page:United States Statutes at Large Volume 92 Part 2.djvu/127

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1407

volved in the proposed abandonment or discontinuance are suitable for use for public purposes, including highways, other forms of mass transportation, conservation, energy production or transmission, or recreation. If the Commission finds that the rail properties proposed to be abandoned are suitable for public purposes^ the properties may be sold, leased, exchanged, or otherwise disposed of only under conditions provided in the order of the Commission. The conditions may include a prohibition on any such disposal for a period of not more than 180 days after the effective date of the order, unless the properties have first been offered, on reasonable terms, for sale for public purposes. §10907. Exceptions 49 USC 10907. (a) Notwithstanding sections 10901 and 10902 and subchapter III of chapter 113 of this title, and without the approval of the Interstate Commerce Comonission, a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title may enter into arrangements for the joint Ante, p. 1359. ownership or joint use of spur, industrial, team, switching, or side tracks. (b) The Commission does not have authority under sections 1090110906 of this title over— (1) the construction, acquisition, operation, abandonment, or ' discontinuance of spur, industrial, team, switching, or side tracks if the tracks are located, or intended to be located, entirely in one State; or (2) a street, suburban, or interurban electric railway that is not operated as part of a general system of rail transportation. § 10908. Discontinuing or changing interstate train or ferry trans- 49 USC 10908. porfation subject to State law (a) When a discontinuance or change in any part of the transportation of a train or ferry operating between a place in a State and a place in another State— (1) is proposed by a carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title; and (2) is subject to the law" of a State, or to a regulation or order of, or proceeding pending before, a court or other authority of a State; the carrier, notwithstanding that law, regulation, order, or proceeding, may discontinue or change the transportation— (A) if it files a notice of the proposed discontinuance or change ., with the Commission at least 30 days before the discontinuance or change is intended to be effective and carries out the discontinuance or change under that notice; (B) if it mails a copy of the notice to the chief executive officer of each State in which the train or feriy is operated and posts a copy of the notice at each station, depot, or other facility served by the train or ferry; and (C) except as otherwise provided by the Commission under this section. (b) On petition or on its own initiative, the Commission may conduct a proceeding on the proposed discontinuance or change if it begins the proceeding between the date the carrier files the notice under subsection (a) of this section and the date on which the discontinuance or

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