Skip to content

Title 45 — Railroads

Chapter 19 — Rock Island Railroad Employee Assistance

§ 1017. Temporary operating approval

Statutory text

(a)

Use of tracks and facilities by other rail carriers; terms of compensation; continuation of service

The Commission may authorize any rail carrier willing to do so voluntarily to use the tracks and facilities of a carrier which, on , was the subject of a proceeding pending under section 77 of the Bankruptcy Act or under subchapter IV of chapter 11 of title 11. The use of such tracks and facilities shall be under such terms of compensation as the carriers establish between themselves, or if the carriers are unable to agree, under such terms of compensation as the Commission finds to be reasonable. The Commission shall have authority to authorize continued rail service under this section over the lines of any such carrier which has been ordered by the court having jurisdiction over such a carrier to liquidate its properties until the disposition of the properties of the estate of such carrier.

(b)

Use of employees

In carrying out the provisions of this section, the Commission shall require, to the maximum extent practicable, the use of the employees who would normally have performed work in connection with the traffic subject to the action of the Commission.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Rock Island Railroad Transition and Employee Assistance Act

    Pub. L. 96–254 title I § 122 · 94 Stat. 399

    Enacted · 45 U.S.C. § 1017

    Pub. L. 96–254, title I, § 122, May 30, 1980, 94 Stat. 409

    Source evidence

    Code source credit
    Pub. L. 96–254, title I, § 122, May 30, 1980, 94 Stat. 409

    Enacted provision · exact public law section
    Sec. 122. temporary operating approval (a) The Commission may authorize any rail carrier willing 45 USC 1017. to do so voluntarily to use the tracks and facilities of the Rock Island Railroad or the Milwaukee Railroad. The use of such tracks and facilities shall be under such terms of compensation as the carriers establish between themselves, or if the carriers are unable to agree, under such terms of compensation as the Commission finds to be reasonable. (b) In carrying out the provisions of this section, the Commission shall require, to the maximum extent practicable, the use of the employees who would normally have performed work in connection with the traffic subject to the action of the Commission. (c) As used in this section, the term “Milwaukee Railroad” means “Milwaukee Railroad.” the Chicago, Milwaukee, Saint Paul and Pacific Railroad Company.

  2. Pub. L. 97–130 § 5(a) · 95 Stat. 1687

    Changed · 45 U.S.C. § 1017(a)

    Pub. L. 97–130 gave the Commission authority to authorize continued rail service under this section over the lines of the Rock Island Railroad until the disposition of the properties of the estate of the Rock Island Railroad

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–130 gave the Commission authority to authorize continued rail service under this section over the lines of the Rock Island Railroad until the disposition of the properties of the estate of the Rock Island Railroad.

    Enacted provision · exact public law section
    (a) Rock Island Railroad. 94 Stat. 409 45 USC 1017. Section 122(a) of the Rock Island Transition and Employee Assistance Act is amended by adding at the end thereof the following new sentence: “The Commission shall have authority to authorize continued rail service under this section over the lines of the Rock Island Railroad until the disposition of the properties of the estate of the Rock Island Railroad.”.

  3. Rail Safety and Service Improvement Act of 1982

    Pub. L. 97–468 § 214(a) · 96 Stat. 2543

    1. Substituted · 45 U.S.C. § 1017(a)

      Pub. L. 97–468, § 214(a), substituted “a carrier which, on January 14, 1983, was the subject of a proceeding pending under section 77 of the Bankruptcy Act or under subchapter IV of chapter 11 of title 11” for “the Rock Island Railroad or the Milwaukee Railroad”

    2. Substituted · 45 U.S.C. § 1017(a)

      Pub. L. 97–468, § 214(a), substituted “any such carrier which has been ordered by the court having jurisdiction over such a carrier to liquidate its properties until the disposition of the properties of the estate of such carrier” for “the Rock Island Railroad until the disposition of the properties of the estate of the Rock Island Railroad”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–468, § 214(a), substituted “a carrier which, on January 14, 1983, was the subject of a proceeding pending under section 77 of the Bankruptcy Act or under subchapter IV of chapter 11 of title 11” for “the Rock Island Railroad or the Milwaukee Railroad”, and in last sentence substituted “any such carrier which has been ordered by the court having jurisdiction over such a carrier to liquidate its properties until the disposition of the properties of the estate of such carrier” for “the Rock Island Railroad until the disposition of the properties of the estate of the Rock Island Railroad”.

    Enacted provision · exact public law section
    (a) Section 122(a) of the Rock Island Railroad Transition and Employee Assistance Act (45 U.S.C. 1017(a)) is amended— (1) by striking “the Rock Island Railroad or the Milwaukee Railroad” and inserting in lieu thereof the following: “a carrier which, on the date of enactment of the Bankrupt Railroad Service Preservation and Employee Protection Act of 1982, was the subject of a proceeding pending under section 77 of the Bankruptcy Act or under subchapter IV of chapter 11 of title 11, United States Code”; (2) by striking the last sentence of such section; and (3) by adding at the end thereof the following: “The Commission shall have authority to authorize continued rail service under this section over the lines of any such carrier which has been ordered by the court having jurisdiction over such a carrier to liquidate its properties until the disposition of the properties of the estate of such carrier.”.

  4. Rail Safety and Service Improvement Act of 1982

    Pub. L. 97–468 § 214(b) · 96 Stat. 2543

    Struck · 45 U.S.C. § 1017(c)

    Pub. L. 97–468, § 214(b), struck out subsec. (c) which defined “Milwaukee Railroad”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–468, § 214(b), struck out subsec. (c) which defined “Milwaukee Railroad”.

    Enacted provision · exact public law section
    (b) Section 122(c) of the Rock Island Railroad Transition and Employee Assistance Act (45 U.S.C. 1017(c)) is repealed.

5 of 5 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 77 of the Bankruptcy Act, referred to in subsec. (a), was classified to section 205 of former Title 11, Bankruptcy. The Bankruptcy Act (act July 1, 1898, ch. 541, 30 Stat. 544) was repealed effective , by Pub. L. 95–598, §§ 401(a), 402(a), , 92 Stat. 2682, 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.

Amendments1981–1983 · 2 rounds

1983

Subsec. (a). Pub. L. 97–468, § 214(a), substituted “a carrier which, on , was the subject of a proceeding pending under section 77 of the Bankruptcy Act or under subchapter IV of chapter 11 of title 11” for “the Rock Island Railroad or the Milwaukee Railroad”, and in last sentence substituted “any such carrier which has been ordered by the court having jurisdiction over such a carrier to liquidate its properties until the disposition of the properties of the estate of such carrier” for “the Rock Island Railroad until the disposition of the properties of the estate of the Rock Island Railroad”.

Subsec. (c). Pub. L. 97–468, § 214(b), struck out subsec. (c) which defined “Milwaukee Railroad”.

1981

Subsec. (a). Pub. L. 97–130 gave the Commission authority to authorize continued rail service under this section over the lines of the Rock Island Railroad until the disposition of the properties of the estate of the Rock Island Railroad.

Statutory Notes and Related Subsidiaries

Abolition of Interstate Commerce Commission and Transfer of Functions

Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective , by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. 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 section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49.

Termination of Applicability of Amendment to Interstate Commerce Service Order 1498 on May 15, 1982

Pub. L. 97–130, § 5(b), , 95 Stat. 1691, provided that: “The applicability of the amendment made by subsection (a) [amending subsec. (a) of this section] to Interstate Commerce Commission Service Order 1498 shall expire at the end of .”

Credits

1980–1983 · 3 acts
  1. 1980Pub. L. 96–254, title I, § 122, , 94 Stat. 409
  2. 1981Pub. L. 97–130, § 5(a), , 95 Stat. 1690
  3. 1983Pub. L. 97–468, title II, § 214, , 96 Stat. 2545.
Show as published

(Pub. L. 96–254, title I, § 122, , 94 Stat. 409; Pub. L. 97–130, § 5(a), , 95 Stat. 1690; Pub. L. 97–468, title II, § 214, , 96 Stat. 2545.)

Parsed from the official OLRC USLM XML in data/usc_all/usc45.xml · release point 119-108 · OLRC build 2024-06-14

USLM identifier /us/usc/t45/s1017