§821. Definitions

As used in this subchapter, the term-

(1) "applicant" means any railroad, or other person (including a governmental entity) which submits an application to the Secretary for the guarantee of an obligation under which it is an obligor or for a commitment to guarantee such an obligation;

(2) "equipment" includes any type of new or rebuilt standard gauge locomotive, caboose, or general service railroad freight car the use of which is not limited to any specialized purpose by particular equipment, design, or other features (except as provided in section 803(a) and (b) of the Powerplant and Industrial Fuel Use Act of 1978). General service railroad freight car includes a boxcar, gondola, open-top or covered hopper car, and flatcar. The Secretary may designate other types of cars as equipment upon a written finding, with reasons therefor, that such designation is consistent with the purposes of this Act;

(3) "facilities" means-

(A) track, roadbed, and related structures, including rail, ties, ballast, other track materials, grading, tunnels, bridges, trestles, culverts, elevated structures, stations, office buildings used for operating purposes only, repair shops, enginehouses, and public improvements used or useable for rail service operations;

(B) communication and power transmission systems, including electronic, microwave, wireless, communication, and automatic data processing systems, electrical transmission systems, powerplants, power transmission systems, powerplant machinery and equipment, structures, and facilities for the transmission of electricity for use by railroads;

(C) signals, including signals and interlockers;

(D) terminal or yard facilities, including trailer-on-flat-car and container-on-flat-car terminals, express or railroad terminal and switching facilities, and services to express companies and railroads and their shippers, including ferries, tugs, carfloats, and related shoreside facilities designed for the transportation of equipment by water; or

(E) shop or repair facilities or any other property used or capable of being used in rail freight transportation services or in connection with such services or for originating, terminating, improving, and expediting the movement of equipment;

(4) "Fund" means the Railroad Rehabilitation and Improvement Fund established under section 822 of this title;

(5) "holder" means the obligee or creditor under an obligation, except that when a bank or trust company is acting as agent or trustee for such an obligee or creditor, the term refers to such bank or trust company;

(6) "obligation" means a bond, note, conditional sale agreement, equipment trust certificate, security agreement, or other obligation issued or granted to finance or refinance equipment or facilities acquisition, construction, rehabilitation, or improvement;

(7) "obligor" means the debtor under an obligation, including the original obligor and any successor or assignee of such obligor who is approved by the Secretary;

(8) "restructuring" means any activity (including a consolidation, coordination, merger or abandonment) which (i) involves rehabilitation, or improvement of a facility or the transfer of a facility, and (ii) improves the long-term profitability of any railroad freight system through the achievement of higher average traffic densities or improved asset utilization;

(9) "consolidation" means the combination of separate rail facilities and the abandonment of the excess facilities, except that such term does not include the combination by a single railroad of multiple tracks into fewer tracks where the tracks do not constitute separate physical and operating lines of railroad; and

(10) "coordination" means the combination of rail freight traffic flows through the use of joint facilities arrangements or internally that result in a reduction of service on at least one facility and includes arrangements for joint use of tracks or other facilities and the acquisition or sale of assets.

( Pub. L. 94–210, title V, §501, Feb. 5, 1976, 90 Stat. 66 ; Pub. L. 95–620, title VIII, §803(c)(1), Nov. 9, 1978, 92 Stat. 3347 ; Pub. L. 96–101, §24(b), Nov. 4, 1979, 93 Stat. 747 ; Pub. L. 96–448, title IV, §405(d), Oct. 14, 1980, 94 Stat. 1947 ; Pub. L. 97–35, title XI, §1162(b), Aug. 13, 1981, 95 Stat. 684 ; Pub. L. 99–509, title IV, §4033(c)(2), Oct. 21, 1986, 100 Stat. 1908 .)

References in Text

Section 803(a) and (b) of the Powerplant and Industrial Fuel Use Act of 1978, referred to in par. (2), is section 803(a) and (b) of Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3347 , which is set out as a note under section 822 of this title.

This Act, referred to in par. (2), means Pub. L. 94–210, Feb. 5, 1976, 90 Stat. 31 , as amended, known as the Railroad Revitalization and Regulatory Reform Act of 1976. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables.

Amendments

1986-Par. (8). Pub. L. 99–509 struck out subpar. "(A)" designation and "or (B) the transfer from the Corporation to any railroad or financially responsible person (as defined in section 10910(a)(1) of title 49) for common carrier rail service of ownership or operating rights on any rail line owned or operated by the Corporation where the Secretary determines that such acquisition will provide needed transportation benefits, and that such line will not require further Federal subsidy;".

1981-Par. (8). Pub. L. 97–35 substituted provisions defining term "restructuring" to include any activity involving rehabilitation or improvement, or transfer of ownership or operating rights for provisions defining term "restructuring" to mean any activity which involves rehabilitation or improvement of a facility or the transfer of a facility, improves the long-term profitability of any railroad, and results in the enhancement of the national rail freight system through the achievement of higher average traffic densities or improved asset utilization.

1980-Par. (8). Pub. L. 96–448, §405(d)(2), inserted "acquisition or sale of assets or securities," after "merger,".

Pars. (9), (10). Pub. L. 96–448, §405(d)(1), (3), (4), added pars. (9) and (10).

1979-Par. (8). Pub. L. 96–101 added par. (8).

1978-Par. (2). Pub. L. 95–620 inserted "(except as provided in section 803(a) and (b) of the Powerplant and Industrial Fuel Use Act of 1978)" after "or other features".

Effective Date of 1981 Amendment

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

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96–448, set out as a note under section 10101 of Title 49, Transportation.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–620 effective 180 days after Nov. 9, 1978, see section 901 of Pub. L. 95–620, set out as an Effective Date note under section 8301 of Title 42, The Public Health and Welfare.