[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: 49CFR245.5]



[Page 789-790]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 245_RAILROAD USER FEES--Table of Contents

 

                            Subpart A_General

 

Sec. 245.5  Definitions.



    As used in this part--

    (a) Employee hours means the number of hours worked by all employees 

of the railroad during the previous calendar year.

    (b) FRA means the Federal Railroad Administration.

    (c) Industrial track means a switching track serving industries, 

such as mines, mills smelters, and factories.

    (d) Light density railroad means railroads with 1200 or less train-

miles per road mile.

    (e) Main track means a track, other than an auxiliary track, 

extending through yards or between stations, upon which trains are 

operated by timetable or train order or both, or the use of which is 

governed by a signal system.



[[Page 790]]



    (f) Passenger service means both intercity rail passenger service 

and commuter rail passenger service.

    (g) Railroad means all forms of non-highway ground transportation 

that run on rails or electro-magnetic guideways, including (1) commuter 

or other short-haul rail passenger service in a metropolitan or suburban 

area, as well as any commuter rail service which was operated by the 

Consolidated Rail Corporation as of January 1, 1979, and (2) high speed 

ground transportation systems that connect metropolitan areas, without 

regard to whether they use new technologies not associated with 

traditional railroads. Such term does not include rapid transit 

operations within an urban area that are not connected to the general 

railroad system of transportation (See, 45 U.S.C. 431(e)).

    (h) Responsible entity means the railroad subject to this part as of 

December 31 of the applicable fiscal year (October 1 to September 30), 

i.e December 31, 1991, for fiscal year 1992, December 31, 1992, for 

fiscal year 1993, etc.

    (i) Road miles means the length in miles of the single or first main 

track, measured by the distance between terminals or stations, or both. 

Road miles does not include industrial and yard tracks, sidings, and all 

other tracks not regularly used by road trains operated in such specific 

service, and lines operated under a trackage rights agreement.

    (j) Safety Act means the Federal Railroad Safety Act of 1970 (45 

U.S.C. 421 et seq.)

    (k) Sliding Scale means the adjustment made to the mile of road of 

light density railroads. The sliding scale is as follows:



------------------------------------------------------------------------

                                                                Scaling

                  Train miles per road mile                      factor

------------------------------------------------------------------------

Up to 500....................................................         .0

501 to 750...................................................        .25

751 to 1000..................................................        .50

1001 to 1200.................................................        .75

1201 and above...............................................       1.00

------------------------------------------------------------------------



    The scaling factor is multiplied by the preliminary rate per road 

mile for each railroad for the year.

    (l) Trackage rights agreement means an agreement through which a 

railroad obtains access and provides service over tracks owned by 

another railroad where the owning railroad retains the responsibility 

for operating and maintaining the tracks.

    (m) Train means a unit of equipment, or a combination of units of 

equipment (including light locomotives) in condition for movement over 

tracks by self-contained motor equipment.

    (n) Train mile means the movement of a train a distance of one mile 

measured by the distance between terminals and/or stations and includes 

yard switching miles, train switching miles, and work train miles. Yard 

switching miles may be computed on any reasonable, supportable, and 

verifiable basis. In the event actual mileage is not computable by other 

means, yard switching miles may be computed at the rate of 6 mph for the 

time actually engaged in yard switching service.

    (o) Yard track means a system of tracks within defined limits used 

for the making up or breaking up of trains, for the storing of cars, and 

for other related purposes, over which movements not authorized by 

timetable, or by train order may be made subject to prescribed signals, 

rules or other special instructions. Sidings used exclusively as passing 

track and main line track within yard limits are not included in the 

term yard track.