U.S. Code » Title 45 » Chapter CHAPTER 15— EMERGENCY RAIL SERVICES

45 U.S.C. § 661

Definitions

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For the purposes of this chapter—(1) “Secretary” means the Secretary of Transportation.(2) “Board” means the Surface Transportation Board.(3) “Railroad” means any rail carrier subject to part A of subtitle IV of title 49.(4) “Certificate” means certificates issued by trustees of a railroad pursuant to subsection 77(c)(3) of the Bankruptcy Act, as amended.(Pub. L. 91–663, § 2, Jan. 8, 1971, 84 Stat. 1975; Pub. L. 104–88, title III, § 325(1), Dec. 29, 1995, 109 Stat. 951.)Editorial NotesReferences in Text

Section 77(c)(3) of the Bankruptcy Act, referred to in par. (4), was classified to section 205(c)(3) of former Title 11, Bankruptcy. The Bankruptcy Act (act July 1, 1898, ch. 541, 30 Stat. 544) was repealed effective Oct. 1, 1979, by Pub. L. 95–598, §§ 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted revised Title 11. For current provisions relating to railroad reorganization, see subchapter IV (§ 1161 et seq.) of chapter 11 of Title 11.

Amendments

1995—Par. (2). Pub. L. 104–88, § 325(1)(A), added par. (2) and struck out former par. (2) which read as follows: “ ‘Commission’ means the Interstate Commerce Commission.”

Par. (3). Pub. L. 104–88, § 325(1)(B), substituted “rail carrier subject to part A of subtitle IV of title 49” for “common carrier by railroad subject to part I of the Interstate Commerce Act (49 U.S.C. 1–27)”.

Statutory Notes and Related SubsidiariesEffective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.

Short Title

Pub. L. 91–663, § 1, Jan. 8, 1971, 84 Stat. 1975, provided: “That this Act [enacting this chapter] may be cited as the ‘Emergency Rail Services Act of 1970’.”

Notes of Decisions
Cited in 9 cases, 1974–1983 · leading case: Reg'l Rail Reorganization Act Cases, 419 U.S. 102 (1974).
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Reg'l Rail Reorganization Act Cases, 419 U.S. 102 (1974). · cites it 2× “1975 , 45 U. S. C. § 661 et seq., which authorized the Secretary of Transportation to guarantee up to $125 million in certificates issued by trustees of railroads in reorganization if he found, inter alia, that there was a threat of imminent cessation of essential rail services…”
In the Matter of Chicago, Rock Island & Pac. R.R. Co., Debtor. Appeal of Henry Crown, Intervenors, 545 F.2d 1087 (7th Cir. 1976). “The Trustee also requested authority to file an application with the United States Secretary of Transportation for a guarantee of nineteen million dollars for the certificates, as provided for in the Emergency Rail Services Act of 1970, 45 U.S.C. §§ 661 , et seq. 2 In addition,…”
Connecticut Gen. Ins. v. United States Ry. Ass'n, 383 F. Supp. 510 (E.D. Pa. 1974). “" 3 Congress first responded to the rail crisis with the Emergency Rail Services Act of 1970, 45 U.S.C. § 661 et seq., authorizing the Secretary of Transportation to guarantee up to one hundred twenty-five million dollars in certificates issued by trustees of railroads in…”
In the Matter of Chicago, Milwaukee, St. Paul & Pac. R.R. Co.. Appeal of United States of Am., 673 F.2d 169 (7th Cir. 1982). “Under § 7(d) of the MRRA 2 funds for continued rail service were to be provided pursuant to the Emergency Rail Services Act (“ERSA”), 45 U.S.C. § 661 et seq. The ERSA provides for trustee certificates, issued by the railroad trustee and guaranteed by the Secretary of…”
Matter of Reading Co., 439 F. Supp. 389 (E.D. Pa. 1977). “In the Emergency Rail Services Act of 1970, 45 U.S.C. § 661 et seq., Congress granted the United States the highest lien on the property of a debtor railroad in return for the government guaranteeing trustees’ certificates.”
In re Penn Cent. Transp. Co., 431 F. Supp. 671 (E.D. Pa. 1977). “A significant number of personal injury claimants have filed their claims late.”
In re Penn Cent. Transp. Co., 406 F. Supp. 907 (E.D. Pa. 1976). · cites it 2× “Pursuant to the Emergency Rail Services Act of 1970, 45 U.S.C. § 661 et seq., the United States, acting through the Secretary of Transportation, guaranteed payment of these certificates.”
In re Cent. R.R., 579 F.2d 804 (3rd Cir. 1978). “Those certificates were issued directly by the bankrupt’s trustee and were guaranteed by the Secretary of Transportation under the Emergency Rail Services Act of 1970, 45 U.S.C. § 661 et seq. Some $2.4 million worth of such certificates were issued and guaranteed, and CNJ’s…”
In re Chicago, Milwaukee, St. Paul & Pac. R.R., 701 F.2d 604 (7th Cir. 1983). “On October 10, 1979 the Trustee sought guarantees from the federal government of $30 million in loans, pursuant to the Emergency Rail Services Act of 1970 (“ERSA”), 45 U.S.C. §§ 661 et seq. Here we must present a brief legislative history of the oft-amended ERSA which authorizes…”
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