Pub. L. 104-88, tit. III, subtit. B, sec. 327
REGIONAL RAIL REORGANIZATION ACT OF 1973 AMENDMENTS.
SEC. 327. REGIONAL RAIL REORGANIZATION ACT OF 1973 AMENDMENTS. The Regional Rail Reorganization Act of 1973 is amended— (1) in section 102(15) (45 U.S.C. 702(15)) by striking “common carrier by railroad as defined in section 1(3) of part I of the Interstate Commerce Act (49 U.S.C. 1(3))” and inserting in lieu thereof “rail carrier subject to part A of subtitle IV of title 49, United States Code”; (2) in section 301(b) (45 U.S.C. 741(b)) by striking “common carrier by railroad under section 1(3) of the Interstate Commerce Act (49 U.S.C. 1(3))” and inserting in lieu thereof “rail carrier subject to part A of subtitle IV of title 49, United States Code”; (3) in section 304 (45 U.S.C. 744)— (A) by striking “205(d)(6) of this Act” in subsection (a)(2)(B) and inserting in lieu thereof “10362(b)(6) of title 49, United States Code”; (B) by striking “Interstate Commerce Act” and inserting in lieu thereof “part A of subtitle IV of title 49, United States Code”; (C) in subsection (d)(3)— 109 STAT. 952 (i) by striking “this title,” and all that follows through “(A) shall take” and inserting in lieu thereof “this title, the Commission shall take”; and (ii) by striking “this subsection; and” and all that follows through “205(d)(6) of this Act” and inserting in lieu thereof “this subsection”; (D) in subsection (e)(4)— (i) by striking “and under regulations issued by the Office pursuant to section 205(d)(5) of this Act” in subparagraph (A); and (ii) by striking “and regulations issued by the Office pursuant to section 205(d)(5) of this Act” in subparagraph (C); (E) in subsection (e)(5)— (i) by striking “and under regulations issued by the Office pursuant to section 205(d)(5) of this Act” in subparagraph (A); and (ii) by striking “and under regulations issued by the Office pursuant to section 205(d)(5) of this Act” in subparagraph (B); (F) in subsection (e)(7)(A) by striking “and under regulations issued by the Office pursuant to section 205(d)(5) of this Act”; and (G) in subsection (g) by striking “the Interstate Commerce Act” and inserting in lieu thereof “part A of subtitle IV of title 49, United States Code”; (4) in section 308 (45 U.S.C. 748)— (A) by striking “10905(d)–(f)” in subsection (d)(1) and inserting in lieu thereof “10904”; and (B) by striking “10903(b)(2)” in subsection (f) and inserting in lieu thereof “10903(b)(3)”; and (5) by inserting after section 712 the following new section: “CLASS II RAILROADS RECEIVING FEDERAL ASSISTANCE “Sec. 713. The Surface Transportation Board shall impose no labor protection conditions in approving an application under section 10902 of title 49, United States Code, when the application involves a Class II rail carrier which— “(1) is headquartered in a State, and operates in at least one State, with a population of less than 1,000,000 persons, as determined by the 1990 census; and “(2) has, as of January 1, 1996, been a recipient of repayable Federal Railroad Administration assistance in excess of $5,000,000.”.