Title 49 — Transportation
Part C · Chapter 243 — Amtrak
§ 24309. Retaining and maintaining facilities
Statutory text
Definitions.—
In this section—
“facility” means a rail line, right of way, fixed equipment, facility, or real property related to a rail line, right of way, fixed equipment, or facility, including a signal system, passenger station and repair tracks, a station building, a platform, and a related facility, including a water, fuel, steam, electric, and air line.
downgrading a facility means reducing a track classification as specified in the Federal Railroad Administration track safety standards or altering a facility so that the time required for rail passenger transportation to be provided over the route on which a facility is located may be increased.
Approval Required for Downgrading or Disposal.—
A facility of a rail carrier or regional transportation authority that Amtrak used to provide rail passenger transportation on , or on , may be downgraded or disposed of only after approval by the Secretary of Transportation under this section.
Notification and Analysis.—
A rail carrier intending to downgrade or dispose of a facility Amtrak currently is not using to provide transportation shall notify Amtrak of its intention. If, not later than 60 days after Amtrak receives the notice, Amtrak and the carrier do not agree to retain or maintain the facility or to convey an interest in the facility to Amtrak, the carrier may apply to the Secretary for approval to downgrade or dispose of the facility.
After a rail carrier notifies Amtrak of its intention to downgrade or dispose of a facility, Amtrak shall survey population centers with rail passenger transportation facilities to assist in preparing a valid and timely analysis of the need for the facility and shall update the survey as appropriate. Amtrak also shall maintain a system for collecting information gathered in the survey. The system shall collect the information based on geographic regions and on whether the facility would be part of a short haul or long haul route. The survey should facilitate an analysis of—
ridership potential by ascertaining existing and changing travel patterns that would provide maximum efficient rail passenger transportation;
the quality of transportation of competitors or likely competitors;
the likelihood of Amtrak offering transportation at a competitive fare;
opportunities to target advertising and fares to potential classes of riders;
economic characteristics of rail passenger transportation related to the facility and the extent to which the characteristics are consistent with sound economic principles of short haul or long haul rail transportation; and
the feasibility of applying effective internal cost controls to the facility and route served by the facility to improve the ratio of passenger revenue to transportation expenses (excluding maintenance of tracks, structures, and equipment and depreciation).
Approval of Application and Payment of Avoidable Costs.—
If Amtrak does not object to an application not later than 30 days after it is submitted, the Secretary shall approve the application promptly.
If Amtrak objects to an application, the Secretary shall decide by not later than 180 days after the objection those costs the rail carrier may avoid if it does not have to retain or maintain a facility in the condition Amtrak requests. If Amtrak does not agree by not later than 60 days after the decision to pay the carrier these avoidable costs, the Secretary shall approve the application. When deciding whether to pay a carrier the avoidable costs of retaining or maintaining a facility, Amtrak shall consider—
the potential importance of restoring rail passenger transportation on the route on which the facility is located;
the market potential of the route;
the availability, adequacy, and energy efficiency of an alternate rail line or alternate mode of transportation to provide passenger transportation to or near the places that would be served by the route;
the extent to which major population centers would be served by the route;
the extent to which providing transportation over the route would encourage the expansion of an intercity rail passenger system in the United States; and
the possibility of increased ridership on a rail line that connects with the route.
Compliance With Other Obligations.—
Downgrading or disposing of a facility under this section does not relieve a rail carrier from complying with its other common carrier or legal obligations related to the facility.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 24309
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 913
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 913Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:Amtrak Reform and Accountability Act of 1997
Pub. L. 105–134 title I § 162 · 111 Stat. 2570
Inserted · 49 U.S.C. § 24309(b)
Pub. L. 105–134 inserted “or on January 1, 1997,” after “1979,”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 105–134 inserted “or on January 1, 1997,” after “1979,”.Enacted provision · exact public law section
SEC. 162. RETENTION OF FACILITIES. Section 24309(b) is amended by inserting “or on January 1, 1997,” after “1979,”.
2 of 2 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 24309(a) | 45:566(e)(1), (2). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 406; added Sept. 29, 1979, Pub. L. 96–73, § 121, 93 Stat. 548. |
| 24309(b) | 45:566(a). | |
| 24309(c)(1) | 45:566(b). | |
| 24309(c)(2) | 45:566(d)(2). | |
| 24309(d)(1) | 45:566(c)(1). | |
| 24309(d)(2) | 45:566(c)(2), (d)(1). | |
| 24309(e) | 45:566(e)(3). | |
In subsection (a)(1), the words “rail line” are substituted for “railroad tracks” for consistency in the revised title and with other titles of the United States Code.
In subsection (b), the word “authority” is substituted for “agency” for consistency in the revised title and with other titles of the Code. The words “obtaining the” are omitted as surplus.
In subsection (c)(1), the words “first” and “to take such action” are omitted as surplus.
In subsection (c)(2), before clause (A), the words “need for the” are added for clarity. The words “necessary or” are omitted as surplus. The words “Within 90 days after ” and 45:566(d)(2)(A)(i) are omitted as executed. The word “maintain” is substituted for “take steps to prepare” for clarity. The words “survey plan which shall provide for” and “compilation, and storage” are omitted as surplus. In clause (F), the words “over time” are omitted as surplus.
In subsection (d)(2), before clause (A), the word “timely” is omitted as surplus. In clause (F), the words “rail line” are substituted for “lines of railroad” for consistency in the revised title and with other titles of the Code.
In subsection (e), the words “approval of” are omitted as surplus.
Editorial Notes
Amendments
1997—Subsec. (b). Pub. L. 105–134 inserted “or on ,” after “1979,”.
Credits
1994–1997 · 2 acts
Show as published
(Pub. L. 103–272, § 1(e), , 108 Stat. 913; Pub. L. 105–134, title I, § 162, , 111 Stat. 2578.)