(a) 49 U.S.C. 10903 et seq. governs abandonment of rail lines and discontinuance of rail service by common carriers. Section 10903(d) provides that no line of railroad may be abandoned and no rail service discontinued unless the Board finds that the present or future public convenience and necessity require or permit the abandonment or discontinuance.
(b) Part 1152 contains regulations governing abandonment of, and discontinuance of service over, rail lines. This part also sets forth procedures for providing financial assistance to assure continued rail freight service under 49 U.S.C. 10904, for acquiring rail lines for alternate public use under 49 U.S.C. 10905, and for acquiring or using a rail right-of-way for interim trail use and rail banking.
Notes of Decisions
Jack O. Black v. Interstate Com. Comm'n & United States of Am., 762 F.2d 106 (D.C. Cir. 1985).
“See 49 C.F.R. §§ 1152.1 -.28 (1984). The record, moreover, contains copies of letters filed in other Commission proceedings by N & W — an experienced railway operator — showing that N & W was fully capable of distinguishing between abandonment and discontinuance in providing…”
Samuel C. Johnson 1988 Trust v. Bayfield Cnty., 649 F.3d 799 (7th Cir. 2011).
“We are supported in thinking a prospective judicial declaration of abandonment unnecessary not by a literal reading of section 912 (which isn’t possible, because “decree or forfeiture or abandonment” is a garble) but by reflection on how onerous the process for obtaining…”
Cheney R.R. v. Interstate Com. Comm'n, 902 F.2d 66 (D.C. Cir. 1990).
“This seems both reasonable in itself and faithful to a Staggers Act objective “to preserve [rail] service to protect existing shippers,” Simmons v.”
Ass'n of Am. Railroads v. Interstate Com. Comm'n, 846 F.2d 1465 (D.C. Cir. 1988).
“1985), the Commission uses the same definition of avoidable costs for both abandonment and subsidy purposes, see 49 C.F.R. §§ 1152.1 , 1152.32 (1987). Similarly, it tries at least to a degree to use the same methodology to arrive at “opportunity costs” for abandonment purposes…”
Illinois Com. Comm'n v. Interstate Com. Comm'n, 776 F.2d 355 (D.C. Cir. 1985).
“54,235 (1983) (regulations codified at scattered sections of 49 C.F.R. §§ 1152.1 -.37 (1984); Commission opinion, Revision of Abandonment Regulations, printed at 367 I.”
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