Title 45 — Railroads
Chapter 20 — Northeast Rail Service
§ 1116. Applicability of other laws
Statutory text
The provisions of chapters 5 and 7 of title 5 (popularly known as the Administrative Procedure Act and including provisions popularly known as the Government in the Sunshine Act), chapter 10 of title 5, section 102(2)(C) of the National Environmental Policy Act of 1969 [42 U.S.C. 4332(2)(C)], division A of subtitle III of title 54, and section 303 of title 49 are inapplicable to actions taken in negotiating, approving, or implementing service transfers under title IV of the Regional Rail Reorganization Act of 1973 [45 U.S.C. 761 et seq.] 1 and to the implementation of the sale of the interest of the United States in Conrail under the Conrail Privatization Act [45 U.S.C. 1301 et seq.].
The operation of trains by Conrail shall not be subject to the requirement of any State or local law which specifies the minimum number of crew members who must be employed in connection with the operation of such trains.
Footnotes
- 1 See References in Text note below.
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.
Northeast Rail Service Act of 1981
Pub. L. 97–35 title XI § 1168 · 95 Stat. 357
Enacted · 45 U.S.C. § 1116
Pub. L. 97–35, title XI, § 1168, Aug. 13, 1981, 95 Stat. 687
Source evidence
Code source credit
Pub. L. 97–35, title XI, § 1168, Aug. 13, 1981, 95 Stat. 687Enacted provision · exact public law section
Sec. 1168. applicability of other laws (a) The provisions of the chapters 5 and 7 of title 5 of the 45 USC 1116. 51 USC 500 et seq., 701 et seq. 5 USC app. 42 USC 4332. 16 USC 470 note. 49 USC 1653. United States Code (popularly known as the Administrative Procedure Act and including provisions popularly known as the Government in the Sunshine Act), the Federal Advisory Committee Act, section 102(2)(C) of the National Environmental Policy Act of 1969, the National Historic Preservation Act of 1966, and section 4(f) of the Department of Transportation Act of 1966 are inapplicable to actions taken in negotiating, approving, or implementing service transfers under title IV of the Regional Rail Reorganization Act of 1973. Ante, p. 654. (b) The operation of trains by Conrail shall not be subject to the requirement of any State or local law which specifies the minimum number of crew members who must be employed in connection with the operation of such trains.Conrail Privatization Act
Pub. L. 99–509 title IV § 4033(c)(1)(B) · 100 Stat. 1874
Inserted · 45 U.S.C. § 1116(a)
Pub. L. 99–509 inserted “and to the implementation of the sale of the interest of the United States in Conrail under the Conrail Privatization Act”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–509 inserted “and to the implementation of the sale of the interest of the United States in Conrail under the Conrail Privatization Act”.Enacted provision · exact public law section
(B) Section 1168(a) of the Northeast Rail Service Act of 1981 (45 U.S.C. 1116(a)) is amended by inserting before the period at the end the following: “and to the implementation of the sale of the interest of the United States in Conrail under the Conrail Privatization Act”.Pub. L. 113–287 § 5(m)(1) · 128 Stat. 3094
Substituted · 45 U.S.C. § 1116(a)
Pub. L. 113–287, which directed substitution of “division A of subtitle III of title 54” for “the National Historic Preservation Act”, was executed by making the substitution for “the National Historic Preservation Act of 1966” to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (a). Pub. L. 113–287, which directed substitution of “division A of subtitle III of title 54” for “the National Historic Preservation Act”, was executed by making the substitution for “the National Historic Preservation Act of 1966” to reflect the probable intent of Congress.Enacted provision · exact public law section
(1) Section 1168(a) of the Omnibus Budget Reconciliation Act of 1981 (45 U.S.C. 1111(a)) is amended by striking “the National Historic Preservation Act” and substituting “division A of subtitle III of title 54, United States Code”.Pub. L. 117–286 § 4(a)(288) · 136 Stat. 4196
Substituted · 45 U.S.C. § 1116(a)
Pub. L. 117–286 substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act,”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 117–286 substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act,”.Enacted provision · exact public law section
(288) Section 1168(a) of the Northeast Rail Service Act of 1981 (45 U.S.C. 1116(a)) is amended by striking “the Federal Advisory Committee Act,” and inserting “chapter 10 of title 5, United States Code,”.
4 of 4 references resolved to an enrolled provision
Editorial Notes
References in Text
The Administrative Procedure Act, referred to in subsec. (a), is act June 11, 1946, ch. 324, 60 Stat. 237, which was classified to sections 1001 to 1011 of former title 5 and which was repealed and reenacted as subchapter II (§ 551 et seq.) of chapter 5, and chapter 7 (§ 701 et seq.), of Title 5, Government Organization and Employees, by Pub. L. 89–554, , 80 Stat. 378.
The Government in the Sunshine Act, referred to in subsec. (a), is Pub. L. 94–409, , 90 Stat. 1241, which enacted section 552b of Title 5, amended sections 551, 552, 556, and 557 of Title 5, section 10 of Pub. L. 92–463, formerly set out in the Appendix to Title 5, and section 410 of Title 39, Postal Service, and enacted provisions set out as notes under section 552b of Title 5. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under section 552b of Title 5 and Tables.
The Regional Rail Reorganization Act of 1973, referred to in subsec. (a), is Pub. L. 93–236, , 87 Stat. 985. Title IV of the Regional Rail Reorganization Act of 1973 was classified generally to subchapter IV (§ 761 et seq.) of chapter 16 of this title, and was repealed by Pub. L. 99–509, title IV, § 4033(a)(1), , 100 Stat. 1908. For complete classification of this Act to the Code, see Short Title note set out under section 701 of this title and Tables.
The Conrail Privatization Act, referred to in subsec. (a), is subtitle A (§§ 4001–4052) of title IV of Pub. L. 99–509, , 100 Stat. 1892, 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 section 1301 of this title and Tables.
Codification
In subsec. (a), “section 303 of title 49” substituted for “section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 1653(f)]” on authority of Pub. L. 97–449, § 6(b), , 96 Stat. 2443, the first section of which enacted subtitle I (§ 101 et seq.) and chapter 31 (§ 3101 et seq.) of subtitle II of Title 49, Transportation.
Amendments1986–2022 · 3 rounds
2022
Subsec. (a). Pub. L. 117–286 substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act,”.
2014
Subsec. (a). Pub. L. 113–287, which directed substitution of “division A of subtitle III of title 54” for “the National Historic Preservation Act”, was executed by making the substitution for “the National Historic Preservation Act of 1966” to reflect the probable intent of Congress.
1986
Subsec. (a). Pub. L. 99–509 inserted “and to the implementation of the sale of the interest of the United States in Conrail under the Conrail Privatization Act”.