§11350. Responsibility of the Secretary of Transportation in certain transactions
(a) When a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title sends a proposed transaction to the Secretary of Transportation under section 11346(a) of this title or the Secretary develops a proposed transaction for submission to the Commission under that section, the Secretary shall publish a summary and a detailed account of the transaction in the Federal Register and give notice of the transaction to the Attorney General and to the chief executive officer of each State in which property of a rail carrier involved in the transaction is located. The Secretary shall initiate an informal proceeding on the proposed transaction under section 553 of title 5.
(b) By the 10th day after an application is submitted to the Commission under section 11346 of this title, the Secretary shall complete and send to the Commission a study of the proposed transaction about-
(1) the needs of rail transportation in the geographical area affected by the transaction;
(2) the effect of the transaction on competition in rail transportation and other modes of transportation in the geographical area affected by the transaction;
(3) the environmental impact of the transaction and of alternative choices of action;
(4) the effect of the transaction on employment;
(5) the cost of rehabilitation and modernization of track, equipment, and other facilities, with a comparison of the potential savings or losses from other possible choices of action;
(6) the rationalization of the rail system;
(7) the impact of the transaction on shippers, consumers, and rail carrier employees;
(8) the effect of the transaction on communities in the geographical area affected by the transaction and on geographical areas contiguous to the affected areas; and
(9) whether the proposed transaction will improve rail service.
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| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11350(a) | 49:5(3)(f)(i)–(iii). | Feb. 4, 1887, ch. 104, |
| 11350(b) | 49:5(3)(f) (less (i)–(iii) and last sentence). |
In subsection (a), the word "When" is substituted for "whenever" as being more appropriate. The words "in order to provide reasonable notice to interested parties and the public of such proposed transaction" are omitted as surplus. The word "located" is substituted for "situated" for clarity. The words "under section 553 of title 5" are added for clarity in view of 49:1655(h).
In subsection (b), the words "shall complete and send to the Commission a study" are substituted for "submit a report to the Commission setting forth the results of each study conducted pursuant to clause (iv)" for clarity. The words "of the" are substituted for "with respect to" and "with respect to the proposed transaction which is the object of such study" for clarity. The words "the retention and promotion" are omitted as surplus. The words "in rail transportation and other modes of transportation" are substituted for "in the provision of rail and other transportation services" for clarity.
Section Referred to in Other Sections
This section is referred to in section 11346 of this title.