45 U.S.C. § 904 : US Code - Section 904: Court approved abandonments and sales

Search 45 U.S.C. § 904 : US Code - Section 904: Court approved abandonments and sales

(a) Abandonment of lines of railroad under section 1170 of title 11
(1) Upon the occurrence of an event described in section 920(b)
of this title, or on April 1, 1980, whichever first occurs, the
bankruptcy court may authorize the abandonment of lines of the
Milwaukee Railroad pursuant to section 1170 of title 11. Pending
the expiration of the time for appeal of an abandonment order or
the determination of any such appeal, the bankruptcy court may
authorize the termination of service on a line to be abandoned, and
the order authorizing such termination may not be stayed. In
authorizing any abandonment pursuant to this section, the court
shall require the carrier to provide a fair arrangement at least as
protective of the interests of employees as that required under
section 11347 (!1) of title 49.
(2) Prior to the date specified in paragraph (1) of this
subsection, the bankruptcy court may hear and consider any request
for the abandonment of lines of the Milwaukee Railroad, and may fix
the time for the Commission's report on the request, but it may
take final action authorizing such abandonment only in accordance
with such paragraph (1).
(b) Sale or transfer of lines of railroad
(1) Upon the occurrence of an event described in section 920(b)
of this title, or on April 1, 1980, whichever first occurs, the
bankruptcy court may authorize the sale or transfer of a line of
the Milwaukee Railroad to be used in continued rail operations,
subject to the approval of the Commission under paragraph (2) of
this subsection. In authorizing any such sale or transfer, the
court shall provide a fair arrangement at least as protective of
the interest (!2) of employees as that required under section 11347
(!1) of title 49.
(2) The bankruptcy court may not authorize a sale or transfer
pursuant to paragraph (1) of this subsection unless an appropriate
application with respect to such sale or transfer is initiated with
the Commission and, within such time as the court may fix, not
exceeding 180 days, the Commission, with or without a hearing, as
the Commission may determine, and with or without modification or
condition, approves such application, or does not act on such
application. Any action or order of the Commission approving,
modifying, conditioning, or disapproving such application is
subject to review by the court only under sections 706(2)(A),
706(2)(B), 706(2)(C), and 706(2)(D) of title 5. An application may
be initiated with the Commission prior to the date specified in
paragraph (1) of this subsection.
(3) Pending review of an application by the Commission pursuant
to paragraph (2) of this subsection, the bankruptcy court may, on a
preliminary basis, authorize the sale or transfer of lines of the
Milwaukee Railroad to another rail carrier. The court may permit
the purchasing carrier to operate interim service as a common
carrier over the lines to be purchased, without regard to section
10901 of title 49. In operating such service, the purchasing
carrier shall use employees of the Milwaukee Railroad to the extent
necessary for the operation of such service. The bankruptcy court
may take final action authorizing any such sale or transfer only in
accordance with paragraph (1) of this subsection.
(c) Effect on priorities and timing of employee protection payments
Nothing in this section shall be deemed to affect the priorities
or timing of payment of employee protection which might have
existed in the absence of this chapter.