49 U.S.C. § 24901 — Definitions

Page 715 TITLE 49—TRANSPORTATION § 24901 1 So in original. Does not conform to section catchline. (l) DEFINITION OF STATE.—In this section, the term ‘‘State’’ means any of the 50 States, in- cluding the District of Columbia, that sponsor the operation of trains by Amtrak on a State- supported route, or a public entity that sponsors such operation on such a route. (Added Pub. L. 114–94, div. A, title XI, § 11204(a), Dec. 4, 2015, 129 Stat. 1634; amended Pub. L. 117–58, div. B, title II, § 22211, Nov. 15, 2021, 135 Stat. 708; Pub. L. 117–328, div. L, title I, § 158, Dec. 29, 2022, 136 Stat. 5125.) Editorial Notes REFERENCES IN TEXT Section 209 of the Passenger Rail Investment and Im- provement Act of 2008, referred to in subsecs. (a)(1), (7)(A), (B)(i), (iii), and (c)(1), is section 209 of div. B of Pub. L. 110–432, which is set out as a note under section 24101 of this title. The date of enactment of the Passenger Rail Expan- sion and Rail Safety Act of 2021, referred to in subsecs. (g)(2) and (j), is the date of enactment of title II of div. B of Pub. L. 117–58, which was approved Nov. 15, 2021. AMENDMENTS 2022—Subsec. (a)(8), (9). Pub. L. 117–328 added pars. (8) and (9). 2021—Subsec. (a)(1). Pub. L. 117–58, § 22211(a)(1), sub- stituted ‘‘There is established’’ for ‘‘Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall establish’’ and inserted ‘‘current and future’’ before ‘‘rail operations’’. Subsec. (a)(4). Pub. L. 117–58, § 22211(a)(3), added par. (4). Former par. (4) redesignated (5). Subsec. (a)(5). Pub. L. 117–58, § 22211(a)(2), (4), redesig- nated par. (4) as (5) and substituted ‘‘define and periodi- cally update’’ for ‘‘convene a meeting and shall define and implement’’ and struck out ‘‘not later than 180 days after the date of establishment of the Committee by the Secretary’’ after ‘‘Committee’s proceedings’’ in introductory provisions. Former par. (5) redesignated (6). Subsec. (a)(6). Pub. L. 117–58, § 22211(a)(2), redesig- nated par. (5) as (6). Former par. (6) redesignated (7). Subsec. (a)(7). Pub. L. 117–58, § 22211(a)(2), (5), redesig- nated par. (6) as (7) and substituted ‘‘methodology pol- icy’’ for ‘‘allocation methodology’’ in heading. Subsec. (a)(7)(A). Pub. L. 117–58, § 22211(a)(5)(B), sub- stituted ‘‘methodology policy’’ for ‘‘allocation method- ology’’. Subsec. (a)(7)(B). Pub. L. 117–58, § 22211(a)(5)(C), amended subpar. (B) generally. Prior to amendment, text read as follows: ‘‘The rules and procedures imple- mented under paragraph (4) shall include procedures for changing the cost allocation methodology.’’ Subsec. (a)(7)(C). Pub. L. 117–58, § 22211(a)(5)(D)(i), sub- stituted ‘‘methodology policy’’ for ‘‘allocation method- ology’’ in introductory provisions. Subsec. (a)(7)(C)(ii). Pub. L. 117–58, § 22211(a)(5)(D)(iii)(I), substituted ‘‘assign’’ for ‘‘allo- cate’’. Subsec. (a)(7)(C)(iii). Pub. L. 117–58, § 22211(a)(5)(D)(ii), (iii)(II), (iv), added cl. (iii). Subsec. (a)(7)(D). Pub. L. 117–58, § 22211(a)(5)(E), added subpar. (D). Subsec. (b). Pub. L. 117–58, § 22211(b), amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘Not later than April 15, 2016, and monthly thereafter, Amtrak shall provide to each State that sponsors a State-supported route a monthly invoice of the cost of operating such route, including fixed costs and third- party costs. The Committee shall determine the fre- quency and contents of financial and performance re- ports that Amtrak shall provide to the States, as well as the planning and demand reports that the States shall provide to Amtrak.’’ Subsec. (c)(1). Pub. L. 117–58, § 22211(c)(1), substituted ‘‘subsection (a)(5)’’ for ‘‘subsection (a)(4)’’ and ‘‘sub- section (a)(7)’’ for ‘‘subsection (a)(6)’’. Subsec. (c)(4). Pub. L. 117–58, § 22211(c)(2), inserted ‘‘related to a State-supported route that a State spon- sors that is’’ after ‘‘amount’’. Subsec. (e). Pub. L. 117–58, § 22211(d), inserted ‘‘, including incentives to increase revenue, reduce costs, finalize contracts by the beginning of the fiscal year, and require States to promptly make payments for services delivered’’ before period at end. Subsec. (f)(1). Pub. L. 117–58, § 22211(e)(1), inserted ‘‘, and review and update, as necessary,’’ after ‘‘shall develop’’. Subsec. (f)(2). Pub. L. 117–58, § 22211(e)(2), substituted ‘‘As applicable, based on updates, the Committee shall submit an updated statement’’ for ‘‘Not later than 2 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Committee shall transmit the statement’’. Subsec. (f)(3). Pub. L. 117–58, § 22211(e)(3), added par. (3). Subsecs. (g) to (l). Pub. L. 117–58, § 22211(f), added sub- secs. (g) to (j) and redesignated former subsecs. (g) and (h) as (k) and (l), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. CHAPTER 249—NORTHEAST CORRIDOR IMPROVEMENT PROGRAM Sec. 24901. Definitions. 24902. Goals and requirements. 24903. General authority. 24904. Northeast Corridor planning. 24905. Northeast Corridor Commission.1 24906. Eliminating highway at-grade crossings. 24907. Note and mortgage. 24908. Transfer taxes and levies and recording charges. 24909. Authorization of appropriations. 24910. Rail cooperative research program. 24911. Federal-State partnership for intercity pas- senger rail. Editorial Notes AMENDMENTS 2021—Pub. L. 117–58, div. B, title II, § 22307(b), Nov. 15, 2021, 135 Stat. 730, substituted ‘‘Federal-State partner- ship for intercity passenger rail’’ for ‘‘Federal-State partnership for state of good repair’’ in item 24911. 2015—Pub. L. 114–94, div. A, title XI, §§ 11302(b), 11305(d)(2), 11306(b)(2), Dec. 4, 2015, 129 Stat. 1651, 1658, 1660, added items 24904 and 24911, redesignated former item 24904 as 24903, and substituted ‘‘Northeast Corridor Commission’’ for ‘‘Northeast Corridor Infrastructure and Operations Advisory Commission; Safety Com- mittee’’ in item 24905. 2008—Pub. L. 110–432, div. B, title II, § 212(b)(1), title III, § 306(b), Oct. 16, 2008, 122 Stat. 4924, 4953, amended item 24905 generally, substituting ‘‘Northeast Corridor Infrastructure and Operations Advisory Commission; Safety Committee’’ for ‘‘Coordination board and safety committee’’, and added item 24910. 1997—Pub. L. 105–134, title IV, § 405(a), Dec. 2, 1997, 111 Stat. 2586, struck out item 24903 ‘‘Program master plan for Boston-New York main line’’. § 24901. Definitions In this chapter— Page 716 TITLE 49—TRANSPORTATION § 24902 (1) ‘‘final system plan’’ means the final sys- tem plan (including additions) adopted by the United States Railway Association under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.). (2) ‘‘rail carrier’’ means an express carrier and a rail carrier as defined in section 10102 of this title, including Amtrak. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 930.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 24901(1) ...... (no source). 24901(2) ...... (no source). This section is derived from 45:802 for clarity. That section contains definitions for the Railroad Revital- ization and Regulatory Reform Act of 1976 (Public Law 94–210, 90 Stat. 33). Title VII of that Act is the source of the source provisions restated in this chapter. How- ever, other titles of that Act are not being restated be- cause they are outside the scope of the restatement. Therefore, 45:802 is not being restated in this restate- ment and only the relevant definitions are accounted for in this chapter. Editorial Notes REFERENCES IN TEXT The Regional Rail Reorganization Act of 1973, re- ferred to in par. (1), is Pub. L. 93–236, Jan. 2, 1974, 87 Stat. 985, which is classified principally to chapter 16 (§ 701 et seq.) of Title 45, Railroads. For complete classi- fication of this Act to the Code, see Short Title note set out under section 701 of Title 45 and Tables. § 24902. Goals and requirements (a) MANAGING COSTS AND REVENUES.—Amtrak shall manage its operating costs, pricing poli- cies, and other factors with the goal of having revenues derived each fiscal year from providing intercity rail passenger transportation over the Northeast Corridor route between the District of Columbia and Boston, Massachusetts, equal at least the operating costs of providing that trans- portation in that fiscal year. (b) PRIORITIES IN SELECTING AND SCHEDULING PROJECTS.—When selecting and scheduling spe- cific projects, Amtrak shall apply the following considerations, in the following order of pri- ority: (1) Safety-related items should be completed before other items because the safety of the passengers and users of the Northeast Corridor is paramount. (2) Activities that benefit the greatest num- ber of passengers should be completed before activities involving fewer passengers. (3) Reliability of intercity rail passenger transportation must be emphasized. (4) Trip-time requirements of this section must be achieved to the extent compatible with the priorities referred to in paragraphs (1)–(3) of this subsection. (5) Improvements that will pay for the in- vestment by achieving lower operating or maintenance costs should be carried out be- fore other improvements. (6) Construction operations should be sched- uled so that the fewest possible passengers are inconvenienced, transportation is maintained, and the on-time performance of Northeast Corridor commuter rail passenger and rail freight transportation is optimized. (7) Planning should focus on completing ac- tivities that will provide immediate benefits to users of the Northeast Corridor. (c) COMPATIBILITY WITH FUTURE IMPROVEMENTS AND PRODUCTION OF MAXIMUM LABOR BENEFITS.— Improvements under this section shall be com- patible with future improvements in transpor- tation and shall produce the maximum labor benefit from hiring individuals presently unem- ployed. (d) AUTOMATIC TRAIN CONTROL SYSTEMS.—A train operating on the Northeast Corridor main line or between the main line and Atlantic City shall be equipped with an automatic train con- trol system designed to slow or stop the train in response to an external signal. (e) HIGH-SPEED TRANSPORTATION.—If prac- ticable, Amtrak shall establish intercity rail passenger transportation in the Northeast Cor- ridor that carries out section 703(1)(E) of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210, 90 Stat. 121). (f) EQUIPMENT DEVELOPMENT.—Amtrak shall develop economical and reliable equipment com- patible with track, operating, and marketing characteristics of the Northeast Corridor, in- cluding the capability to meet reliable trip times under section 703(1)(E) of the Railroad Re- vitalization and Regulatory Reform Act of 1976 (Public Law 94–210, 90 Stat. 121) in regularly scheduled revenue transportation in the Cor- ridor, when the Northeast Corridor improve- ment program is completed. Amtrak must de- cide that equipment complies with this sub- section before buying equipment with financial assistance of the Government. Amtrak shall submit a request for an authorization of appro- priations for production of the equipment. (g) AGREEMENTS FOR OFF-CORRIDOR ROUTING OF RAIL FREIGHT TRANSPORTATION.—(1) Amtrak may make an agreement with a rail freight car- rier or a regional transportation authority under which the carrier will carry out an alter- nate off-corridor routing of rail freight transpor- tation over rail lines in the Northeast Corridor between the District of Columbia and New York metropolitan areas, including intermediate points. The agreement shall be for at least 5 years. (2) Amtrak shall apply to the Surface Trans- portation Board for approval of the agreement and all related agreements accompanying the application as soon as the agreement is made. If the Board finds that approval is necessary to carry out this chapter, the Board shall approve the application and related agreements not later than 90 days after receiving the application. (3) If an agreement is not made under para- graph (1) of this subsection, Amtrak, with the consent of the other parties, may apply to the Surface Transportation Board. Not later than 90 days after the application, the Board shall de- cide on the terms of an agreement if it decides that doing so is necessary to carry out this chapter. The decision of the Board is binding on the other parties. (h) COORDINATION.—(1) The Secretary of Trans- portation shall coordinate—