[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR200.5]



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                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 200_INFORMAL RULES OF PRACTICE FOR PASSENGER SERVICE--Table of 

Contents

 

Sec. 200.5  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 Administration's panel 

established under Sec. 200.9.

    (c) Any railroad adversely affected by the preference requirement of 

subsection 402(e) of the Act may apply to the Administrator for an order 

altering that requirement. Each application shall:

    (1) List by endpoints the routes that are so affected; and

    (2) Explain for every route listed how the preference requirement of 

subsection 402(e) will materially lessen the quality of freight service 

afforded by the applicant to its shippers, including information, data 

or documents sufficient to support that explanation; and

    (3) Include an analysis of whether and by how much Amtrak's 

compensation to the railroad should be reduced if the preference 

requirement is altered.

    (d) In accordance with section 406 of the Act, any railroad may 

apply to the Administrator for approval to downgrade or dispose of its 

facilities. Each application shall:

    (1) List the facilities for proposed downgrading or disposal;

    (2) Describe and give the location of each such facility and 

identify the most recent passenger service that made use of such 

facilities; and

    (3) Contain for each facility an analysis of the costs the railroad 

could avoid if it were not required to maintain or retain the facility 

in the condition requested by Amtrak, including



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information, data and documents sufficient to support the analysis.

    (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 such application under this part, and 

shall provide a copy of the application with such notice. An official 

United States Postal Service receipt from the registered or certified 

mailing constitutes prima facie evidence of notice.