[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR201.5]

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                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 201--FORMAL RULES OF PRACTICE FOR PASSENGER SERVICE--Table of Contents
 
Sec. 201.5  Applications.

    (a) Each application and objection under this part shall be 
submitted in writing to: Docket Clerk, Office of the Chief Counsel, 
Federal Railroad Administration, 400 7th Street, SW., Washington, DC 
20590.
    (b) Any procedural issues arising from the submission or 
consideration of applications under this part, such as timeliness and 
adequacy, shall be heard and decided by the presiding officer appointed 
under Sec. 201.8.
    (c) In accordance with subsection 402(f) of the Act, Amtrak may 
apply to the Administrator for an order requiring a railroad to permit 
accelerated speeds by Amtrak trains. Each application shall:
    (1) List by endpoints the routes for which Amtrak desires such 
acceleration;
    (2) Not list routes of more than one railroad;
    (3) Indicate by route and train the maximum speeds for Amtrak trains 
permitted by the railroad and the maximum speeds desired by Amtrak;
    (4) Indicate for each route listed the track classification as 
specified in FRA track safety standards (49 CFR part 213); and

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    (5) Explain why the maximum speeds Amtrak desires are safe and 
practicable, or what track, signal system, or other facility 
improvements would make such speeds safe and practicable.
    (d) In accordance with subsection 402(h) of the Act, Amtrak may 
apply to the Administrator for an order to require a railroad to permit 
or provide the operation of additional passenger trains on its rail 
lines. Each application shall:
    (1) List the railroad, the endpoints of the proposed additional 
train or trains, and the proposed schedule for such additional train or 
trains, and
    (2) Describe and give the background of all prior efforts and 
negotiations to obtain a satisfactory voluntary agreement with the 
railroad for the operation of the proposed additional train or trains.
    (e) In addition to the data provided with their applications, 
applicants shall furnish the Administrator with any other information 
that the Administrator finds necessary in order to make the 
determinations required by the Act.
    (f) Each applicant shall promptly notify, by registered or certified 
mail, any party affected by any application, whether Amtrak or a 
railroad, of the submission of each application under this part, and 
shall provide a copy of the application with such notice. An official U. 
S. Postal Service return receipt from the registered or certified 
mailing constitutes prima facie evidence of notice.