Page:United States Statutes at Large Volume 94 Part 2.djvu/663

 PUBLIC LAW 96-448—OCT. 14, 1980

94 STAT. 1941

ment at least as protective of the interests of employees as that established under section 11347 of this title. "(k) The Commission shall, within 60 days after the effective date of the Staggers Rail Act of 1980, prescribe such regulations and procedures as may be necessary to carry out the provisions of this section.", (b) The section analysis of chapter 109 of title 49, United States Code, is amended by adding immediately after the item relating to section 10909 the following new item:

49 USC 11347. Regulations and procedures. Ante, p. 1895.

"10910. Railroad development.". ABANDONMENT

SEC. 402. (a)(1) Section 10903(b)(1) of title 49, United States Code, is amended by striking out the first sentence. (2) Section 10903(c) of title 49, United States Code, is repealed. (b)(1) Section 10904(a) of title 49, United States Code, is amended— (A) by striking out "at least 60" and all that follows through "effective" in paragraph (1); (B) by striking out "and" at the end of paragraph (2)(A); (C) by striking out the period at the end of paragraph (2)(B) and inserting in lieu thereof, and"; (D) by adding at the end of paragraph (2) the following new subparagraph: "(C)(i) a statement that the line is available for subsidy or sale in accordance with section 10905 of this title, (ii) a statement that the carrier will promptly provide to each interested party an estimate of the subsidy and minimum purchase price required to keep the line in operation, calculated in accordance with section 10905 of this title, and (iii) the name and business address of the person who is authorized to discuss sale or subsidy terms for the carrier."; and (E) by inserting immediately before the period at the end of paragraph (3)(E) the following: ", and certifying that clauses (A)-(D) have been satisfied within the most recent 30 days prior to the date the application is filed". (2) Section 10904(b) of title 49, United States Code, is amended to read as follows: "(b) If no protest is received within 30 days after the application is filed, the Commission shall find that the public convenience and necessity require or permit the abandonment or discontinuance. In such a case, the Commission shall, within 45 days after the application is filed, issue a certificate which permits the abandonment or discontinuance to occur within 75 days after the application is filed.". (3) Section 10904(c) of title 49, United States Code, is amended to read as follows: "(c)(1) If a protest is received within 30 days after the application is filed, the Commission shall, within 45 days after the application is filed, determine whether an investigation is needed to assist in determining what disposition to make of the application. "(2) If the Commission decides that no investigation is to be undertaken, the Commission shall, within 75 days after the application is filed, decide whether the present or future public convenience and necessity require or permit the abandonment or discontinuance, taking into consideration the application of the rail carrier and any materials submitted by protestants. If the Commission finds that the present or future public convenience and necessity require or permit the abandonment, it shall, within 90 days after the date of applica-

Post, p. 1942.

Certificate.

Protests.

Certificate.

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