Page:United States Statutes at Large Volume 92 Part 2.djvu/76

 92 STAT. 1356 Accounting system.

49 USC 10363.

5 USC 5101 et seq., 5331.

49 USC 10364.

PUBLIC LAW 95-473—OCT. 17, 1978 >5'*f

(A) develop an accounting system permitting the collection and publication by the Consolidated Rail Corporation or by profitable rail carriers providing transportation I,; over lines scheduled for abandonment, of information necessary for an accurate determination of the attributable revenues, avoidable costs, and operations of light density lines as operating and economic units: and (B) determine the avoidable cost of providing rail freight transportation; and (8) carry out other duties conferred on the Office by law. (c) The criteria referred to in subsection (b)(3) of this section shall provide that rail properties are suitable for rail transportation continuation subsidies if the cost of the required subsidy to the taxpayers for the properties each year is less than— (1) the cost of termination of rail transportation over the properties measured by increased fuel consumption and operational costs for alternative modes of transportation; (2) the cost to the gross national product in terms of reduced output of goods and services; (3) the cost of relocating or assisting, through unemployment, retraining, and welfare benefits, individuals and firms adversely affected if the rail transportation is terminated; and (4) the cost to the environment measured by damage caused by increased pollution. (d) The Office may at any time revise and republish the standards and regulations required by this section to incorporate changes made necessary by the accounting system developed under subsection (b)(7) of this section. §10363. Director (a) The Director is the head of the Rail Services Planning Office and is responsible for administering and carrying out the duties of the Office. (b) The Director is appointed for a term of 6 years by the Chairman of the Interstate Commerce Commission with the concurrence of at least 5 members of the Commission. The Director may be removed by the Commission only for cause. (c) The Director is appointed without regard to those provisions of title 5 governing appointments in the competitive service and is paid without regard to chapter 51 and subchapter ITI of chapter 53 of title 5. However, the annual rate of basic pay of the Director may not exceed the rate for GS-18. (d) The Director is subject to the direction of, and shall report to, a Commissioner or the Chairman, as designated by the Chairman. § 10364. Powers (a) With the concurrence of the Commissioner designated under section 10363(d) of this title or, if the Director of the Rail Services Planning Office and the Commissioner disagree (and that Commissioner is not the Chairman), with the concurrence of the Chairman of the Commission, the Director may enter into agreements or other transactions necessary to carry out the duties of the Office. The transactions may be entered into with any person, including a governmental authority, and without regard to section 5 of title 41. (b) On written request of the Director for assistance, each department, agency, and instrumentality of the United States Government

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