45 U.S.C. § 702 | Definitions

As used in this chapter, unless the context otherwise requires—

(1)

section 711 of this title “Association” means the United States Railway Association, established under ;

(2)

“Commission” means the Interstate Commerce Commission;

(3)

“Commuter authority” means any State, local, or regional authority, corporation, or other entity established for purposes of providing commuter service, and includes the Metropolitan Transportation Authority, the Connecticut Department of Transportation, the Maryland Department of Transportation, the Southeastern Pennsylvania Transportation Authority, the New Jersey Transit Corporation, the Massachusetts Bay Transportation Authority, the Port Authority Trans-Hudson Corporation, any successor agencies, and any entity created by one or more such agencies for the purpose of operating, or contracting for the operation of, commuter service;

(4)

“Commuter service” means short-haul rail passenger service operated in metropolitan and suburban areas, whether within or across the geographical boundaries of a State, usually characterized by reduced fare, multiple-ride, and commutation tickets, and by morning and evening peak period operations;

(5)

section 741 of this title “Corporation” means the Consolidated Rail Corporation required to be established under or its successor by merger, consolidation or other form of succession carried out under applicable law for the purpose of changing the State of its incorporation;

(6)

section 718 of this title “effective date of the final system plan” means the date on which the final system plan or any revised final system plan is deemed approved by Congress, in accordance with ;

(7)

section 401(a) of title 26 “employee stock ownership plan” means a technique of corporate finance that uses a stock bonus trust or a company stock money purchase pension trust which qualifies under in connection with the financing of corporate improvements, transfers in the ownership of corporate assets, and other capital requirements of a corporation and which is designed to build beneficial equity ownership of shares in the employer corporation into its employees substantially in proportion to their relative incomes, without requiring any cash outlay, any reduction in pay or other employee benefits, or the surrender of any other rights on the part of such employees;

(8)

section 716 of this title section 718 of this title “final system plan” means the plan of reorganization for the restructure, rehabilitation, and modernization of railroads in reorganization prepared pursuant to and approved pursuant to ;

(9)

1 See References in Text note below.

“Finance Committee” means the Finance Committee of the Board of Directors of the Association established under section 711(i)  of this title;

(10)

“includes” and variants thereof should be read as if the phrase “but is not limited to” were also set forth;

(11)

2 So in original. The period probably should be a semicolon.

“local or regional transportation authority” includes a political subdivision of a State.

(12)

¹ “Office” means the Rail Services Planning Office established under section 10361  of title 49;

(13)

“profitable railroad” means a railroad which is not a railroad in reorganization. The term does not include the Corporation, the National Railroad Passenger Corporation, or a railroad leased, operated, or controlled by a railroad in reorganization in the region;

(14)

“rail properties” means assets or rights owned, leased, or otherwise controlled by a railroad (or a person owned, leased, or otherwise controlled by a railroad) which are used or useful in rail transportation service; except that the term, when used in conjunction with the phrase “railroads leased, operated, or controlled by a railroad in reorganization”, shall not include assets or rights owned, leased, or otherwise controlled by a Class I railroad which is not wholly owned, operated, or leased by a railroad in reorganization but is controlled by a railroad in reorganization;

(15)

“railroad” means a rail carrier subject to part A of subtitle IV of title 49. The term includes the Corporation and the National Railroad Passenger Corporation;

(16)

section 717(b) of this title “railroad in reorganization” means a railroad which is subject to a bankruptcy proceeding and which has not been determined by a court to be reorganizable or not subject to reorganization pursuant to this chapter as prescribed in . A “bankruptcy proceeding” includes a proceeding pursuant to section 77 of the Bankruptcy Act and an equity receivership or equivalent proceeding;

(17)

“Region” means the States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, West Virginia, Ohio, Indiana, Michigan, and Illinois; the District of Columbia; and those portions of contiguous States in which are located rail properties owned or operated by railroads doing business primarily in the aforementioned jurisdictions (as determined by the Commission by order);

(17A)

45 U.S.C. 1301 “sale date” means the date on which the initial public offering of the securities of the Corporation is closed under the Conrail Privatization Act [ et seq.];

(18)

“Secretary” means the Secretary of Transportation or the designated representative of the Secretary;

(19)

“State” means any State or the District of Columbia;

(20)

“subsidiary” means any corporation 100 percent of whose total combined voting shares are, directly or indirectly, owned or controlled by the Corporation; and

(21)

section 745 of this title “supplemental transaction” means any transaction set forth in a proposal under under which the Corporation or a subsidiary thereof would (A) acquire rail properties not designated for transfer or conveyance to it under the final system plan, (B) convey rail properties to a profitable railroad, a subsidiary of the Corporation or, other than as designated in the final system plan, to the National Railroad Passenger Corporation or to a State or a local or regional transportation authority, or to any other responsible person for use in providing rail service, or (C) enter into contractual or other arrangements with any person for the joint use of rail properties or the coordination or separation of rail operations or services.

Pub. L. 93–236, title I, § 102Jan. 2, 197487 Stat. 986 Pub. L. 94–210, title VIFeb. 5, 197690 Stat. 86 Pub. L. 94–248, § 1Mar. 25, 197690 Stat. 286 Pub. L. 94–555, title II, § 211(a)Oct. 19, 197690 Stat. 2624 Pub. L. 96–448, title V, § 508(b)Oct. 14, 198094 Stat. 1957 Pub. L. 97–35, title XI, § 1135(b)Aug. 13, 198195 Stat. 646 Pub. L. 99–509, title IV, § 4033(b)(1)Oct. 21, 1986100 Stat. 1908 Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095 Pub. L. 104–88, title III, § 327(1)Dec. 29, 1995109 Stat. 951(, , ; , §§ 601(f), (g), 603(c), 607(t), 610(a), , , 88, 98, 100; , , ; , , ; , title VI, § 601(b), , , 1958; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Section 711(i) of this title Pub. L. 97–35, title XI, § 1147Aug. 13, 198195 Stat. 673, referred to in par. (9), which related to the Finance Committee of the Board of Directors of the Association, was repealed by , , .

Section 10361 of title 49 Pub. L. 104–88, title I, § 102(a)Dec. 29, 1995109 Stat. 804 section 10361 of title 49 section 205 of Pub. L. 93–236 Pub. L. 95–473, § 3(b)Oct. 17, 197892 Stat. 1466, referred to in par. (12), was omitted in the general amendment of subtitle IV of Title 49, Transportation, by , , . Previously, in par. (12) “” was substituted for “section 205 of this Act”, meaning , on authority of , , , the first section of which enacted subtitle IV (§ 10101 et seq.) of Title 49.

act July 1, 1898, ch. 541 30 Stat. 544Oct. 1, 1979Pub. L. 95–598Nov. 6, 197892 Stat. 2682Section 77 of the Bankruptcy Act, referred to in par. (16), was classified to section 205 of former Title 11, Bankruptcy. The Bankruptcy Act (, , as amended) was repealed effective , by , §§ 401(a), 402(a), , , section 101 of which enacted revised Title 11. For current provisions relating to railroad reorganization, see subchapter IV (§ 1161 et seq.) of chapter 11 of Title 11.

Pub. L. 99–509Oct. 21, 1986100 Stat. 1892 section 1301 of this titleApr. 2, 1987The Conrail Privatization Act, referred to in par. (17A), is subtitle A (§§ 4001–4052) of title IV of , , , which is classified principally to chapter 22 (§ 1301 et seq.) of this title. For complete classification of this Act to the Code see Short Title note set out under and Tables. The date on which the initial public offering of the securities of the corporation is closed under this Act was .

Codification

section 743(b) of this title section 601(b) of Pub. L. 96–448 section 743(b) of this titleIn par. (21), formerly (19), “under ,” was struck out as the probable intent of Congress, in view of the amendment to par. (19) by , which struck out the 6 year limitation within which the special court orders conveyances of rail properties to the Corporation, which conveyances were to be made under . See 1980 Amendment note set out below.

Amendments

Pub. L. 104–88 49 U.S.C. 1(3)1995—Par. (15). substituted “rail carrier subject to part A of subtitle IV of title 49” for “common carrier by railroad as defined in section 1(3) of part I of the Interstate Commerce Act ()”.

Pub. L. 99–5141986—Par. (7). substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

Pub. L. 99–509Par. (17A). added par. (17A).

Pub. L. 97–351981— added pars. (3) and (4). Former pars. (3) to (19) redesignated (5) to (21), respectively.

Pub. L. 96–448, § 508(b)1980—Par. (16). , substituted “or the designated representative of the Secretary” for “or the person at the time performing the duties of the Office of the Secretary of Transportation in accordance with law, or, in his absence, the Deputy Secretary of Transportation”.

Pub. L. 96–448, § 601(b)section 745 of this titlePar. (19). , struck out “, within 6 years after the date on which the special court orders conveyances of rail properties to the Corporation” after “”. See Codification note above.

Pub. L. 94–2481976—Par. (3). inserted provision relating to successor by merger, consolidation, etc., of the Corporation

Pub. L. 94–210, § 603(c)Par. (7). , added par. (7). Former par. (7) redesignated (8).

Pub. L. 94–210Par. (8). , §§ 601(g), 603(c), redesignated former par. (7) as (8). Former par. (8) redesignated (10).

Pub. L. 94–210, § 601(g)Pars. (9) to (11). , added par. (9) and redesignated former pars. (8) and (9) as (10) and (11), respectively. Former pars. (10) and (11) redesignated (12) and (13), respectively.

Pub. L. 94–210Par. (12). , §§ 601(g), 607(t), redesignated former par. (10) as (12), inserted “(or a person owned, leased, or otherwise controlled by a railroad)” before “which are used or useful”, and substituted “phrase” for “phase”. Former par. (12) redesignated (14).

Pub. L. 94–210, § 601(g)Pars. (13) to (15). , redesignated former pars. (11) to (13) as (13) to (15) respectively. Former pars. (13) to (15) redesignated (15) to (17) respectively.

Pub. L. 94–555Par. (16). substituted “, in his absence, the Deputy Secretary of Transportation” for “the duly authorized representative of either of them” after “accordance with law, or”.

Pub. L. 94–210, §§ 601(f), (g), 610(a)(1), redesignated former par. (14) as (16) and substituted provisions relating to the person at the time performing the duties of the Office in accordance with the law, or the duly authorized representative of such person or the Secretary, for provisions relating to the delegate of the Secretary, unless the context indicated otherwise.

Pub. L. 94–210Par. (17). , §§ 601(g), 610(a)(2), redesignated former par. (15) as (17) and substituted a semicolon for a period.

Pub. L. 94–210, § 610(a)(3)Pars. (18), (19). , added pars. (18) and (19).

Statutory Notes and Related Subsidiaries

Effective Date of 1995 Amendment

Pub. L. 104–88Jan. 1, 1996section 2 of Pub. L. 104–88 section 1301 of Title 49Amendment by effective , see , set out as an Effective Date note under , Transportation.

Effective Date of 1981 Amendment

Pub. L. 97–35Aug. 13, 1981section 1169 of Pub. L. 97–35 section 1101 of this titleAmendment by effective , see , set out as an Effective Date note under .

Effective Date of 1980 Amendment

Pub. L. 96–448Oct. 1, 1980section 710(a) of Pub. L. 96–448 section 1170 of Title 11Amendment by effective , see , set out as a note under , Bankruptcy.

Effective Date of 1976 Amendment

Pub. L. 94–555, title III, § 303Oct. 19, 197690 Stat. 2631

section 960 of Title 20 section 80a–3 of Title 15October 1, 1976“The provisions of this Act and the amendments made by this Act [amending this section, sections 543, 545, 546, 563, 601, 602, 641, 711, 716, 720, 721, 743, 744, 771, 774, 775, 779, 823, 824, 825, 826, 829, 831, and 854 of this title, , Education, and sections 1a, 5, 5c, 13, 15, 17, 22, 26c, and 1653 of former Title 49, Transportation, and enacting provisions set out as notes under sections 501, 641, 701, and 714 of this title, , Commerce and Trade, and sections 1a and 1654 of former Title 49] shall take effect on .”

, , , provided that:

Abolition of Interstate Commerce Commission and Transfer of Functions

Pub. L. 104–88Jan. 1, 1996section 1302 of Title 49 section 101 of Pub. L. 104–88 section 1301 of Title 49 section 205 of Pub. L. 104–88 section 1301 of Title 49Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in , to Surface Transportation Board effective , by , Transportation, and , set out as a note under . References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see , set out as a note under .

Abolition of United States Railway Association and Transfer of Functions and Securities

section 1341 of this titleSee .

Applicability of National Environmental Policy Act

Pub. L. 94–210 section 619 of Pub. L. 94–210 section 791 of this titleApplication of National Environmental Policy Act to actions of Commission not affected by title VI of , see , set out as a note under .