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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 49 U.S.C. § 10902 Short line purchases by Class II and Class III rail carriers us united_states_code code_section 49 TRANSPORTATION 109 LICENSING 10902 49 U.S.C. § 10902 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip /us/usc/t49/s10902 data/legal/raw/us/code/title-49/usc49.xml cb0d78719c441b096ad59c0ecc3f83c38b544a35b5aaec9c688eba0369d5df8d 0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb 3df987874bded0e8c7a0cf3a64976e8dfde3981f3826b6c0d470bf47b41fc8f4 2026-07-04 official
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49 U.S.C. § 10902 - Short line purchases by Class II and Class III rail carriers

Text

(a) A Class II or Class III rail carrier providing transportation subject to the jurisdiction of the Board under this part may acquire or operate an extended or additional rail line under this section only if the Board issues a certificate authorizing such activity under subsection (c).

(b) A proceeding to grant authority under subsection (a) of this section begins when an application is filed. On receiving the application, the Board shall give reasonable public notice of the beginning of such proceeding.

(c) The Board shall issue a certificate authorizing activities for which such authority is requested in an application filed under subsection (b) unless the Board finds that such activities are inconsistent with the public convenience and necessity. Such certificate may approve the application as filed, or with modifications, and may require compliance with conditions (other than labor protection conditions) the Board finds necessary in the public interest.

(d) The Board shall require any Class II rail carrier which receives a certificate under subsection (c) of this section to provide a fair and equitable arrangement for the protection of the interests of employees who may be affected thereby. The arrangement shall consist exclusively of one year of severance pay, which shall not exceed the amount of earnings from railroad employment of the employee during the 12-month period immediately preceding the date on which the application for such certificate is filed with the Board. The amount of such severance pay shall be reduced by the amount of earnings from railroad employment of the employee with the acquiring carrier during the 12-month period immediately following the effective date of the transaction to which the certificate applies. The parties may agree to terms other than as provided in this subsection. The Board shall not require such an arrangement from a Class III rail carrier which receives a certificate under subsection (c) of this section.

(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 823.)

Notes

Editorial Notes

Prior ProvisionsA prior section 10902, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1403, related to authorizing action by rail carriers to provide adequate, efficient, and safe facilities.

Statutory Notes and Related Subsidiaries

Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.