[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: 49CFR201.5]



[Page 9-10]

 

                        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.