§10903. Authorizing abandonment and discontinuance of railroad lines and rail transportation

(a) A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title may-

(1) abandon any part of its railroad lines; or

(2) discontinue the operation of all rail transportation over any part of its railroad lines;

only if the Commission finds that the present or future public convenience and necessity require or permit the abandonment or discontinuance. In making the finding, the Commission shall consider whether the abandonment or discontinuance will have a serious, adverse impact on rural and community development.

(b)(1) Subject to sections 10904–10906 of this title, if the Commission-

(A) finds public convenience and necessity, it shall-

(i) approve the application as filed; or

(ii) approve the application with modifications and require compliance with conditions that the Commission finds are required by public convenience and necessity; or

(B) fails to find public convenience and necessity, it shall deny the application.

(2) On approval, the Commission shall issue to the rail carrier a certificate describing the abandonment or discontinuance approved by the Commission. Each certificate shall also contain provisions to protect the interests of employees. The provisions shall be at least as beneficial to those interests as the provisions established under sections 11347 and 24706(c) of this title.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1403 ; Pub. L. 96–448, title IV, §402(a), Oct. 14, 1980, 94 Stat. 1941 ; Pub. L. 98–216, §2(14), Feb. 14, 1984, 98 Stat. 5 ; Pub. L. 103–272, §5(m)(24), July 5, 1994, 108 Stat. 1378 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
10903(a) (less last sentence)	49:1a(1) (1st sentence less words related to certificates).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §1a(1) (1st sentence), (4); added Feb. 5, 1976, Pub. L. 94–210, §802, 90 Stat. 127 , 128; Oct. 19, 1976, Pub. L. 94–555, §218(b), 90 Stat. 2628 .
10903(a) (last sentence)	49:1a(4)(a) (words following the period).
10903(b)	49:1a(1) (1st sentence, words related to certificates), (4) (less the words following the period in subsection (a) and less the last 2 sentences).
10903(c)	49:1a(4) (last 2 sentences).

In subsection (a), the phrases "(hereafter in this section referred to as 'abandonment')" and "(hereafter referred to as 'discontinuance')" are omitted as unnecessary. The last sentence is restated for consistency.

Subsection (b) restates the source provisions for clarity and consistency. The first sentence and the words "Subject to sections 10904–10906 of this title" are inserted for clarity. The words "upon an order" are omitted as unnecessary. The words "terms and" are omitted as unnecessary. The word "deny" is substituted for "disapprove" for consistency. The citation "section 565(b)" is substituted for "section 565" as being more precise.

In subsection (c), the words "Except as otherwise provided in sections 10905 and 10906 of this title" are inserted for clarity.

Amendments

1994-Subsec. (b)(2). Pub. L. 103–272 substituted "sections 11347 and 24706(c) of this title" for "section 11347 of this title and section 405(b) of the Rail Passenger Service Act (45 U.S.C. 565(b))".

1984-Subsec. (b)(2). Pub. L. 98–216 substituted "section 405(b) of the Rail Passenger Service Act (45 U.S.C. 565(b))" for "section 565(b) of title 45".

1980-Subsec. (b)(1). Pub. L. 96–448, §402(a)(1), struck out provision directing that a proceeding to grant authority under subsec. (a) of this section begins on application filed with the Commission.

Subsec. (c). Pub. L. 96–448, §402(a)(2), struck out subsec. (c) which provided that, except as provided in sections 10905 and 10906 of this title, if a certificate was issued without an investigation under section 10904(c) of this title, the abandonment or discontinuance take effect under the certificate on the 30th day after the issuance of the certificate or if a certificate was issued after an investigation under section 10904(c) of this title, the abandonment or discontinuance take effect under the certificate on the 120th day after the issuance of the certificate.

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 this title.

Railroad Branchline Abandonments by Burlington Northern Railroad in North Dakota

Pub. L. 97–102, title IV, §402, Dec. 23, 1981, 95 Stat. 1465 , as amended by Pub. L. 102–143, title III, §343, Oct. 28, 1991, 105 Stat. 948 , provided that: "Notwithstanding any other provision of law or of this Act, none of the funds provided in this or any other Act shall hereafter be used by the Interstate Commerce Commission to approve railroad branchline abandonments in the State of North Dakota by the entity generally known as the Burlington Northern Railroad, or its agents or assignees, in excess of a total of 350 miles, except that exempt abandonments and discontinuances that are effectuated pursuant to section 1152.50 of title 49 of the Code of Federal Regulations after the date of enactment of the Department of Transportation and Related Agencies Appropriations Act, 1992 [Oct. 28, 1991], shall not apply toward such 350-mile limit: Provided, That this section shall be in lieu of section 311 (amendment numbered 93) as set forth in the conference report and the joint explanatory statement of the committee of conference on the Department of Transportation and Related Agencies Appropriations Act, 1982 (H.R. 4209), filed in the House of Representatives on November 13, 1981 (H. Rept. No. 97–331)." [Section 311 of H.R. 4209 is section 311 of Pub. L. 97–102, title III, Dec. 23, 1981, 95 Stat. 1460 , which is not classified to the Code.] Similar provisions were contained in Pub. L. 97–92, title IV, §115, Dec. 15, 1981, 95 Stat. 1196 .

Section Referred to in Other Sections

This section is referred to in sections 10904, 10905, 10906, 10907, 10910, 11125, 11505, 11702, 11901 of this title; title 45 section 748.