109 STAT. 952 PUBLIC LAW 104-88 —DEC. 29, 1995 (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 49 USC 797/. "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.". SEC. 328. MILWAUKEE RAILROAD RESTRUCTURING ACT AMENDMENT. Section 18 of the Milwaukee Railroad Restructuring Act (45 U.S.C. 916) is repealed. SEC. 329. ROCK ISLAND RAILROAD TRANSITION AND EMPLOYEE ASSISTANCE ACT AMENDMENTS. The Rock Island Railroad Transition and Employee Assistance Act is amended— (1) in section 104(a) (45 U.S.C. 1003(a)) by striking "section 11125 of title 49, United States Code, or"; and (2) by striking section 120 (45 U.S.C. 1015).
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