Page:United States Statutes at Large Volume 94 Part 2.djvu/662

 94 STAT. 1940

PUBLIC LAW 96-448—OCT. 14, 1980

"(E) the sale of such line will be likely to result in improved railroad transportation for shippers that transport traffic over such line. "(2) In a proceeding under this subsection, the burden of proving that the public convenience and necessity require or permit the sale of a particular railroad line is on the person filing the application to Publication in acquire such line. If the Commission finds under this subsection that Federal the public convenience and necessity require or permit the sale of a Register. particular railroad line, the Commission shall concurrently notify the parties of such finding and publish such finding in the Federal Register. Trackage rights. "(d) In the case of any railroad line subject to sale under subsection (a) of this section, the Commission shall, upon the request of the acquiring carrier, require the selling carrier to provide to the acquiring carrier trackage rights to allow a reasonable interchange with the selling carrier or to move power equipment or empty rolling stock between noncontiguous feeder lines operated by the acquiring carrier. The Commission shall require the acquiring carrier to provide the selling carrier reasonable compensation for any such trackage rights. "(e) The Commission shall require, to the meiximum extent practicable, the use of the employees who would normally have performed work in connection with a railroad line subject to a sale under this section. Joint rates. "(f) In the case of a railroad line which carried less than 3,000,000 gross ton miles of traffic per mile in the preceding calendar year, whenever a purchasing carrier under this section petitions the Commission for joint rates applicable to traffic moving over through routes in which the purchasing carrier may practicably participate, the Commission shall, within 30 days after the date such petition is 49 USC 10705. filed and pursuant to section 10705(a) of this title, require the establishment of reasonable joint rates and divisions over such route. Exemptions. "(g)(1) Any person operating a railroad line acquired under this section may elect to be exempt from any of the provisions of this title, except that such a person may not be exempt from the provisions of 49 USC 10701 et chapter 107 of this title with respect to transportation under a joint seq. rate. "(2) The provisions of paragraph (1) of this subsection shall apply to any line of railroad which was abandoned during the 18-month period immediately prior to the effective date of the Staggers Rail Act of Ante, p. 1895. 1980 and was subsequently purchased by a financially responsible person. "(h) If a purchasing carrier under this section proposes to sell or abandon all or any portion of a purchased railroad line, such purchasing carrier shall offer the right of first refusal with respect to such line or portion thereof to the carrier which sold such line under this section. Such offer shall be made at a price equal to the sum of the price paid by such purchasing carrier to such selling carrier for such line or portion thereof and the fair market value (less deterioration) of any improvements made, as adjusted to reflect inflation. Preconditions "(i) Any person operating a railroad line acquired under this for shippers. section may determine preconditions, such as payment of a subsidy, which must be met by shippers in order to obtain service over such lines, but such operator must notify the shippers on the line of its intention to impose such preconditions. Employee "(j) In the case of any railroad line sold pursuant to this section, the interests, Commission shall require the selling carrier to provide a fair arrangeprotection.

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