Sec. 11311. SHARED-USE STUDY
533 words·~2 min read·
/statute-compilations/comps-13423/sec-11311A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 11311 SHARED-USE STUDY **[**[49 U.S.C. 20101 note](/us/usc/t49/s20101)**]** ###
(a)In general Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with Amtrak, commuter rail passenger transportation authorities, other railroad carriers, railroad carriers that own rail infrastructure over which both passenger and freight trains operate, States, the Surface Transportation Board, the Northeast Corridor Commission established under section 24905 of title 49, United States Code, the State-Supported Route Committee established under section 24712 of such title, and groups representing rail passengers and customers, as appropriate, shall complete a study that evaluates— ####
(1)the shared use of right-of-way by passenger and freight rail systems; and ####
(2)the operational, institutional, and legal structures that would best support improvements to the systems referred to in paragraph (1). ###
(b)Areas of Study In conducting the study under subsection (a), the Secretary shall evaluate— ####
(1)the access and use of railroad right-of-way by a rail carrier that does not own the right-of-way, such as passenger rail services that operate over privately-owned right-of-way, including an analysis of— #####
(A)access agreements; #####
(B)costs of access; and #####
(C)the resolution of disputes relating to such access or costs; ####
(2)the effectiveness of existing contractual, statutory, and regulatory mechanisms for establishing, measuring, and enforcing train performance standards, including— #####
(A)the manner in which passenger train delays are recorded; #####
(B)the assignment of responsibility for such delays; and #####
(C)the use of incentives and penalties for performance; ####
(3)the strengths and weaknesses of the existing mechanisms described in paragraph
(2)and possible approaches to address the weaknesses; ####
(4)mechanisms for measuring and maintaining public benefits resulting from publicly funded freight or passenger rail improvements, including improvements directed towards shared-use right-of-way by passenger and freight rail; ####
(5)approaches to operations, capacity, and cost estimation modeling that— #####
(A)allow for transparent decisionmaking; and #####
(B)protect the proprietary interests of all parties; ####
(6)liability requirements and arrangements, including— #####
(A)whether to expand statutory liability limits to additional parties; #####
(B)whether to revise the current statutory liability limits; #####
(C)whether current insurance levels of passenger rail operators are adequate and whether to establish minimum insurance requirements for such passenger rail operators; and #####
(D)whether to establish alternative insurance models, including other models administered by the Federal Government; ####
(7)the effect on rail passenger services, operations, liability limits, and insurance levels of the assertion of sovereign immunity by a State; and ####
(8)other issues identified by the Secretary. ###
(c)Report Not later than 60 days after the study under subsection
(a)is complete, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— ####
(1)the results of the study; and ####
(2)any recommendations for further action, including any legislative proposals consistent with such recommendations. ###
(d)Implementation The Secretary shall integrate, as appropriate, the recommendations submitted under subsection
(c)into the financial assistance programs under subtitle V of title 49, United States Code.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 11311
SHARED-USE STUDY
Cites 1Cited by 0 across 0 sources