45 U.S.C. § 702 : US Code - Section 702: Definitions

Search 45 U.S.C. § 702 : US Code - Section 702: Definitions

As used in this chapter, unless the context otherwise requires -
(1) "Association" means the United States Railway Association,
established under section 711 of this title;
(2) "Commission" means the Interstate Commerce Commission;
(3) "Commuter authority" means any State, local, or regional
authority, corporation, or other entity established for purposes
of providing commuter service, and includes the Metropolitan
Transportation Authority, the Connecticut Department of
Transportation, the Maryland Department of Transportation, the
Southeastern Pennsylvania Transportation Authority, the New
Jersey Transit Corporation, the Massachusetts Bay Transportation
Authority, the Port Authority Trans-Hudson Corporation, any
successor agencies, and any entity created by one or more such
agencies for the purpose of operating, or contracting for the
operation of, commuter service;
(4) "Commuter service" means short-haul rail passenger service
operated in metropolitan and suburban areas, whether within or
across the geographical boundaries of a State, usually
characterized by reduced fare, multiple-ride, and commutation
tickets, and by morning and evening peak period operations;
(5) "Corporation" means the Consolidated Rail Corporation
required to be established under section 741 of this title or its
successor by merger, consolidation or other form of succession
carried out under applicable law for the purpose of changing the
State of its incorporation;
(6) "effective date of the final system plan" means the date on
which the final system plan or any revised final system plan is
deemed approved by Congress, in accordance with section 718 of
this title;
(7) "employee stock ownership plan" means a technique of
corporate finance that uses a stock bonus trust or a company
stock money purchase pension trust which qualifies under section
401(a) of title 26 in connection with the financing of corporate
improvements, transfers in the ownership of corporate assets, and
other capital requirements of a corporation and which is designed
to build beneficial equity ownership of shares in the employer
corporation into its employees substantially in proportion to
their relative incomes, without requiring any cash outlay, any
reduction in pay or other employee benefits, or the surrender of
any other rights on the part of such employees;
(8) "final system plan" means the plan of reorganization for
the restructure, rehabilitation, and modernization of railroads
in reorganization prepared pursuant to section 716 of this title
and approved pursuant to section 718 of this title;
(9) "Finance Committee" means the Finance Committee of the
Board of Directors of the Association established under section
711(i) (!1) of this title;
(10) "includes" and variants thereof should be read as if the
phrase "but is not limited to" were also set forth;
(11) "local or regional transportation authority" includes a
political subdivision of a State.(!2)
(12) "Office" means the Rail Services Planning Office
established under section 10361 (!1) of title 49;
(13) "profitable railroad" means a railroad which is not a
railroad in reorganization. The term does not include the
Corporation, the National Railroad Passenger Corporation, or a
railroad leased, operated, or controlled by a railroad in
reorganization in the region;
(14) "rail properties" means assets or rights owned, leased, or
otherwise controlled by a railroad (or a person owned, leased, or
otherwise controlled by a railroad) which are used or useful in
rail transportation service; except that the term, when used in
conjunction with the phrase "railroads leased, operated, or
controlled by a railroad in reorganization", shall not include
assets or rights owned, leased, or otherwise controlled by a
Class I railroad which is not wholly owned, operated, or leased
by a railroad in reorganization but is controlled by a railroad
in reorganization;
(15) "railroad" means a rail carrier subject to part A of
subtitle IV of title 49. The term includes the Corporation and
the National Railroad Passenger Corporation;
(16) "railroad in reorganization" means a railroad which is
subject to a bankruptcy proceeding and which has not been
determined by a court to be reorganizable or not subject to
reorganization pursuant to this chapter as prescribed in section
717(b) of this title. A "bankruptcy proceeding" includes a
proceeding pursuant to section 77 of the Bankruptcy Act and an
equity receivership or equivalent proceeding;
(17) "Region" means the States of Maine, New Hampshire,
Vermont, Massachusetts, Connecticut, Rhode Island, New York, New
Jersey, Pennsylvania, Delaware, Maryland, Virginia, West
Virginia, Ohio, Indiana, Michigan, and Illinois; the District of
Columbia; and those portions of contiguous States in which are
located rail properties owned or operated by railroads doing
business primarily in the aforementioned jurisdictions (as
determined by the Commission by order);
(17A) "sale date" means the date on which the initial public
offering of the securities of the Corporation is closed under the
Conrail Privatization Act [45 U.S.C. 1301 et seq.];
(18) "Secretary" means the Secretary of Transportation or the
designated representative of the Secretary;
(19) "State" means any State or the District of Columbia;
(20) "subsidiary" means any corporation 100 percent of whose
total combined voting shares are, directly or indirectly, owned
or controlled by the Corporation; and
(21) "supplemental transaction" means any transaction set forth
in a proposal under section 745 of this title under which the
Corporation or a subsidiary thereof would (A) acquire rail
properties not designated for transfer or conveyance to it under
the final system plan, (B) convey rail properties to a profitable
railroad, a subsidiary of the Corporation or, other than as
designated in the final system plan, to the National Railroad
Passenger Corporation or to a State or a local or regional
transportation authority, or to any other responsible person for
use in providing rail service, or (C) enter into contractual or
other arrangements with any person for the joint use of rail
properties or the coordination or separation of rail operations
or services.