§10909. Discontinuing or changing train or ferry transportation in one State
(a) When a carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title has proposed a discontinuance or change of any part of the transportation of a train or ferry operated by it entirely in one State and-
(1) the law of the State prohibits the discontinuance or change;
(2) the carrier has requested the State authority having jurisdiction over the discontinuance or change for permission to discontinue or change the transportation and the request has been denied; or
(3) the State authority has not acted finally by the 120th day after the carrier made the request;
the carrier may petition the Commission for permission to discontinue or change the transportation.
(b) When a petition is filed under subsection (a) of this section, the Commission shall notify the chief executive officer of the State in which the train or ferry is operated concerning the petition. Before acting on the petition, the Commission shall give interested parties a full hearing. If such a hearing is requested, the Commission shall give all interested parties at least 30 days notice of the hearing and shall hold the hearing in the State in which the train or ferry is operated. The Commission may cooperate with, and use the services, records, and facilities of, the State in carrying out this section.
(c) The Commission may grant permission to the carrier to discontinue or change any part of the transportation if the Commission finds that-
(1) the present or future public convenience and necessity require or permit the discontinuance or change to be authorized by the Commission; and
(2) continuing the transportation, without the proposed discontinuance or change, will constitute an unreasonable burden on the interstate operations of the carrier or on interstate commerce.
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| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10909(a) | 49:13a(2) (1st sentence). | Feb. 4, 1887, ch. 104, |
| 10909(b), (c) | 49:13a(2) (less 1st sentence). |
In the section, the word "transportation" is substituted 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 words "within the boundaries of a" and "duly" are omitted as surplus. The word "law" is substituted for "constitution or statutes" to eliminate redundancy. The words "requested" and "request" are substituted for "application or petition . . . filed" and "such an application or petition", respectively, to provide one word to cover all kinds of forms that may be filed with a governmental authority and to avoid using the word "petition" in 2 different ways in the subsection. The word "permission" is substituted for "authority" to avoid confusion with the term "State authority".
In subsection (b), the 2d sentence is restated for clarity to require the Commission to provide 2 different notices and for precision to cover the situation in which no hearing is requested. The words "chief executive officer" are substituted for "Governor" for consistency with other provisions of the subtitle.
In subsection (c), the word "permission" is substituted for "authority" to avoid confusion with the term "State authority". The words "require or" are inserted for consistency with other provisions of subchapter I of chapter 109 of the revised title. The word "unreasonable" is substituted for "unjust and undue" for consistency and to eliminate redundancy. See the revision note to section 10101 of the revised title.