Sec. 9205. Use of facilities and providing services to Amtrak
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/bill/116/hr/2/ih/section-9205A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 24308(e) of title 49, United States Code, is amended— by striking paragraph
(1)and inserting the following: When a rail carrier does not agree to allow Amtrak to operate additional trains over any rail line of the carrier on which Amtrak is operating or seeks to operate, Amtrak may submit an application to the Board for an order requiring the carrier to allow for the operation of the requested trains. Within 90 days of receipt of such application, the Board shall determine whether the additional trains would unreasonably impair freight transportation and— for a determination that such trains do not unreasonably impair freight transportation, order the rail carrier to allow for the operation of such trains on a schedule established by the Board; or for a determination that such trains do unreasonably impair freight transportation, initiate a proceeding to determine any additional infrastructure investments required by, or on behalf of, Amtrak. If Amtrak seeks to resume operation of a train that Amtrak operated during the 5-year period preceding an application described in subparagraph (A), the Board shall apply a presumption that the resumed operation of such train will not unreasonably impair freight transportation unless the Board finds that there are substantially changed circumstances. ; in paragraph (2)— by striking The Board shall consider and inserting The Board shall ; by striking subparagraph
(A)and inserting the following: in making the determination under paragraph (1), take into account any infrastructure investments proposed in Amtrak’s application, with the rail carrier having the burden of demonstrating that the additional trains will unreasonably impair the freight transportation; and ; and in subparagraph
(B)by inserting consider investments described in subparagraph
(A)and after times, ; and by adding at the end the following: In a proceeding initiated by the Board under paragraph (1)(B), the Board shall solicit the views of the parties and require the parties to provide any necessary data or information. Not later than 180 days after the date on which the Board makes a determination under paragraph (1)(B), the Board shall issue an order requiring the rail carrier to allow for the operation of the requested trains conditioned upon additional infrastructure or other investments needed to mitigate the unreasonable interference. In determining the necessary level of additional infrastructure or other investments, the Board shall use any criteria, assumptions, and processes it considers appropriate. The provisions of this subsection shall be in addition to any other statutory or contractual remedies Amtrak may have to obtain the right to operate the additional trains. .