must file an application relating thereto with the Board. An abandonment or discontinuance may be carried out only as authorized under this chapter.
only if the Board finds that the present or future public convenience and necessity require or permit the abandonment or discontinuance. In making the finding, the Board shall consider whether the abandonment or discontinuance will have a serious, adverse impact on rural and community development.
1 See References in Text note below.
49 U.S.C. § 10903
EDITORIAL NOTES
REFERENCES IN TEXTSection 24706(c) of this title, referred to in subsec. (b)(2), was repealed by Pub. L. 105-134, title I, §142(a), Dec. 2, 1997, 111 Stat. 2576, effective 180 days after Dec. 2, 1997.
PRIOR PROVISIONS A prior section 10903, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1403; Pub. L. 96-448, title IV, §402(a), Oct. 14, 1980, 94 Stat. 1941; Pub. L. 98-216, §2(14), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103-272, §5(m)(24), July 5, 1994, 108 Stat. 1378, related to authorizing abandonment and discontinuance of railroad lines and rail transportation.
AMENDMENTS2012-Subsec. (b)(2). Pub. L. 112-141 substituted "24706(c) of this title before May 31, 1998" for "24706(c) of this title".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112-141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112-141 set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
EFFECTIVE DATESection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104-88 see section 2 of Pub. L. 104-88 set out as a note under section 1301 of this title.
RAILROAD BRANCHLINE ABANDONMENTS BY BURLINGTON NORTHERN RAILROAD IN NORTH DAKOTAPub. L. 97-102, title IV, §402, Dec. 23, 1981, 95 Stat. 1465, as amended by Pub. L. 102-143, title III, §343, Oct. 28, 1991, 105 Stat. 948, provided that: "Notwithstanding any other provision of law or of this Act, none of the funds provided in this or any other Act shall hereafter be used by the Interstate Commerce Commission to approve railroad branchline abandonments in the State of North Dakota by the entity generally known as the Burlington Northern Railroad, or its agents or assignees, in excess of a total of 350 miles, except that exempt abandonments and discontinuances that are effectuated pursuant to section 1152.50 of title 49 of the Code of Federal Regulations after the date of enactment of the Department of Transportation and Related Agencies Appropriations Act, 1992 [Oct. 28, 1991], shall not apply toward such 350-mile limit: Provided, That this section shall be in lieu of section 311 (amendment numbered 93) as set forth in the conference report and the joint explanatory statement of the committee of conference on the Department of Transportation and Related Agencies Appropriations Act, 1982 (H.R. 4209), filed in the House of Representatives on November 13, 1981 (H. Rept. No. 97-331)." [Section 311 of H.R. 4209 is section 311 of Pub. L. 97-102, title III, Dec. 23, 1981, 95 Stat. 1460, which is not classified to the Code.] Similar provisions were contained in Pub. L. 97-92, title IV, §115, Dec. 15, 1981, 95 Stat. 1196. [Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104-88 to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of this title, and section 101 of Pub. L. 104-88 set out as a note under section 1301 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104-88 set out as a note under section 1301 of this title.]