§10908. Discontinuing or changing interstate train or ferry transportation subject to State law

(a) When a discontinuance or change in any part of the transportation of a train or ferry operating between a place in a State and a place in another State-

(1) is proposed by a carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title; and

(2) is subject to the law of a State, or to a regulation or order of, or proceeding pending before, a court or other authority of a State;

the carrier, notwithstanding that law, regulation, order, or proceeding, may discontinue or change the transportation-

(A) if it files a notice of the proposed discontinuance or change with the Commission at least 30 days before the discontinuance or change is intended to be effective and carries out the discontinuance or change under that notice;

(B) if it mails a copy of the notice to the chief executive officer of each State in which the train or ferry is operated and posts a copy of the notice at each station, depot, or other facility served by the train or ferry; and

(C) except as otherwise provided by the Commission under this section.

(b) On petition or on its own initiative, the Commission may conduct a proceeding on the proposed discontinuance or change if it begins the proceeding between the date the carrier files the notice under subsection (a) of this section and the date on which the discontinuance or change is intended to be effective. After the proceeding begins, the Commission may order the carrier proposing the discontinuance or change to continue any part of the transportation pending completion of the proceeding and the decision of the Commission if the Commission serves a copy of its order on the carrier at least 10 days before the date on which the carrier intended the discontinuance or change to be effective. However, the Commission may not order the transportation continued for more than 4 months after the date on which the carrier intended the discontinuance or change to be effective.

(c) If, after a proceeding completed either before or after the proposed discontinuance or change has become effective, the Commission finds that any part of the transportation is required or permitted by present or future public convenience and necessity and will not unreasonably burden interstate or foreign commerce, the Commission may order the carrier to continue or restore that transportation for not to exceed one year from the date of the Commission order. On expiration of the Commission order, the jurisdiction of each State involved in the discontinuance or change is no longer superseded except to the extent this section is again invoked.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1407 .)

In the section, the word "transportation" is substituted in each place for "operation or service" for consistency and as being more precise because the jurisdictional grant to the Interstate Commerce Commission under subchapter I of chapter 105 of the revised title is over transportation.

In subsection (a), the word "place" is substituted for "point" each time for consistency with other provisions of the subtitle. The words "or in the District of Columbia, or from a point in the District of Columbia to a point in any State" are omitted in view of the definition of "State" in section 10102 of the revised title. The words "but shall not be required to" are omitted as surplus. The word "law" is substituted for "any provision of the constitution or statutes" to eliminate redundancy. The words "or other authority" are substituted for "administrative or regulatory agency" for consistency and to eliminate redundancy. The words "chief executive officer" are substituted for "Governor" as more appropriate in view of the definition of "State" that includes the District of Columbia.

In subsection (b), the words "between the date the carrier files the notice under subsection (a) of this section and the date on which the discontinuance or change is intended to be effective" are inserted for clarity and for consistency with subsection (a)(A) of this section. The word "petition" is substituted for "complaint" as being more appropriate. The words "without complaint" are omitted as surplus.

In subsection (c), the words "any part of the" are inserted before "transportation is required", and the words "in whole or in part" are omitted later in the sentence, for clarity. The words "or permitted" and "present or future" are inserted for consistency with other provisions of subchapter I of chapter 109 of the revised title. The word "unreasonably" is substituted for "unduly" for consistency. See the revision note to section 10101 of the revised title. The words "the carrier to continue or restore" are substituted for "the continuance or restoration" to clarify who has the obligation to continue or restore is placed. The next-to-last sentence, related to the continued effectiveness of State action if notice is not filed, is omitted as surplus in view of subsection (a)(A) of this section. In the last sentence of the revised subsection, the words "except to the extent this section is again invoked" are substituted for "unless the procedure provided by this paragraph shall again be invoked by the carrier or carriers" as being more precise.