49 U.s.c. 10908

§ 10907

TITLE 49—TRANSPORTATION

§ 10907. Exceptions
(a) Notwithstanding sections 10901 and 10902
and subchapter III of chapter 113 of this title,
and without the approval of the Interstate Commerce Commission, a rail carrier providing
transportation subject to the jurisdiction of the
Commission under subchapter I of chapter 105 of
this title may enter into arrangements for the
joint ownership or joint use of spur, industrial,
team, switching, or side tracks.
(b) The Commission does not have authority
under sections 10901–10906 of this title over—
(1) the construction, acquisition, operation,
abandonment, or discontinuance of spur, industrial, team, switching, or side tracks if the
tracks are located, or intended to be located,
entirely in one State; or
(2) a street, suburban, or interurban electric
railway that is not operated as part of a general system of rail transportation.
(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1407.)
HISTORICAL AND REVISION NOTES
Revised Section

Source (U.S. Code)

10907(a) ......

49:1(18)(d) (1st sentence).

10907(b) ......

49:1(18)(d) (less 1st
sentence).
49:1a(1) (last sentence).

Source (Statutes at Large)
Feb. 4, 1887, ch. 104, 24 Stat.
379, § 1(18)(d); added Feb. 5,
1976,
Pub.
L.
94–210,
§ 801(a), 90 Stat. 126.
Feb. 4, 1887, ch. 104, 24 Stat.
379, § 1a(1) (last sentence);
added Feb. 5, 1976, Pub. L.
94–210, § 802, 90 Stat. 127;
Oct. 19, 1976, Pub. L.
94–555, § 218(a), 90 Stat.
2628.

In subsection (a), the words ‘‘contracts, agreements,
or other’’ are omitted as surplus. The last sentence of
49:1a(1) is omitted because of article VI of the Constitution.

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.)

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 10503, 11126,
11505, 11702, 11901 of this title.

§ 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

Page 290

HISTORICAL AND REVISION NOTES
Revised Section

Source (U.S. Code)

10908(a) ......

49:13a(1) (1st and 2d
sentences).

10908(b) ......

49:13a(1) (3d and 4th
sentences).
49:13a(1) (less sentences 1–4).

10908(c) ......

Source (Statutes at Large)
Feb. 4, 1887, ch. 104, 24 Stat.
379, § 13a(1); added Aug. 12,
1958, Pub. L. 85–625, § 5, 72
Stat. 571.

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 sec-

Page 291

§ 10910

TITLE 49—TRANSPORTATION

tion 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.

§ 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.
(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1408.)
HISTORICAL AND REVISION NOTES
Revised Section

Source (U.S. Code)

10909(a) ......

49:13a(2) (1st sentence).

10909(b), (c)

49:13a(2) (less 1st
sentence).

Source (Statutes at Large)
Feb. 4, 1887, ch. 104, 24 Stat.
379, § 13a(2); added Aug. 12,
1958, Pub. L. 85–625, § 5, 72
Stat. 572.

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.

§ 10910. Railroad development
(a) In this section—
(1) ‘‘financially responsible person’’ means a
person who (A) is capable of paying the constitutional minimum value of the railroad line
proposed to be acquired, and (B) is able to assure that adequate transportation will be provided over such line for a period of not less
than 3 years. Such term includes a governmental authority but does not include a class
I or a class II rail carrier.
(2) ‘‘railroad line’’ means (A) during the 3year period beginning on the effective date of
the Staggers Rail Act of 1980, a line of railroad
which carried less than 3,000,000 gross ton
miles of traffic per mile in the preceding calendar year, and (B) after the end of such 3-year
period, any line of railroad.
(b)(1) When the Interstate Commerce Commission finds that—
(A)(i) the public convenience and necessity
require or permit the sale of a particular railroad line under this section; or
(ii) a railroad line is on a system diagram
map as required under section 10904 of this
title, but the rail carrier owning such line has
not filed an application to abandon such line
under sections 10903 and 10904 of this title be-