49 USC 24308 - Use of facilities and providing services to Amtrak

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
24308(a)(1)– (3)	45:562(a)(1).	Oct. 30, 1970, Puspan. L. 91–518, § 402(a)(1), 84 Stat. 1335; June 22, 1972, Puspan. L. 92–316, § 5(1), 86 Stat. 229; Nov. 3, 1973, Puspan. L. 93–146, § 10(1), 87 Stat. 552; Oct. 5, 1978, Puspan. L. 95–421, § 15, 92 Stat. 929; Aug. 13, 1981, Puspan. L. 97–35, § 1181, 95 Stat. 693; Apr. 7, 1986, Puspan. L. 99–272, § 4017(span)(1), 100 Stat. 110.
24308(a)(4)	45:562 (note).	July 11, 1987, Puspan. L. 100–71 (last proviso under heading “Grants to the National Railroad Passenger Corporation”), 101 Stat. 447.
24308(span)	45:562(c).	Oct. 30, 1970, Puspan. L. 91–518, 84 Stat. 1327, § 402(c); added June 22, 1972, Puspan. L. 92–316, § 5(2), 86 Stat. 229.
24308(c)	45:562(e).	Oct. 30, 1970, Puspan. L. 91–518, 84 Stat. 1327, § 402(e); added Nov. 3, 1973, Puspan. L. 93–146, § 10(2), 87 Stat. 552; Aug. 13, 1981, Puspan. L. 97–35, § 1188(c), 95 Stat. 699.
24308(d)	45:562(f).	Oct. 30, 1970, Puspan. L. 91–518, 84 Stat. 1327, § 402(f); added Nov. 3, 1973, Puspan. L. 93–146, § 10(2), 87 Stat. 552.
24308(e)	45:562(g).	Oct. 30, 1970, Puspan. L. 91–518, 84 Stat. 1327, § 402(g); added May 30, 1980, Puspan. L. 96–254, § 216, 94 Stat. 418; Apr. 7, 1986, Puspan. L. 99–272, § 4006(2), 100 Stat. 107.

In subsection (a)(1), the word “authority” is substituted for “agencies” for consistency in the revised title and with other titles of the United States Code. The words “tracks and other” are omitted as surplus. The words “of . . . by, the carrier or authority” are added for clarity. The words “and conditions” are omitted as surplus.

In subsection (a)(2)(A), before clause (i), the words “the purposes of” are omitted as surplus. In clause (ii), the words “just and” are omitted as surplus.

Subsection (a)(2)(B) is substituted for 45:562(a)(1) (3d sentence) to eliminate unnecessary words.

In subsection (a)(2)(C), the words “shall decide the dispute” are added, and the words “submits the dispute” are substituted for “application”, for clarity.

In subsection (a)(3), the words “Amtrak’s right to use the facilities or have the services provided is conditioned on payment of the compensation” are substituted for “and the rights of the Corporation to such services or to the use of tracks or facilities of the railroad or agency under such order . . . shall be conditioned upon payment by the Corporation of the compensation fixed by the Commission” to eliminate unnecessary words. The words “or under an order issued under subsection (span) of this section” are omitted as obsolete because 45:562(span) is executed. The words “amount of”, “fixed”, “duly and”, and “properly” are omitted as surplus.

In subsection (a)(4), the words “notwithstanding any other provision of law”, “hereafter”, and “becomes inadequate or otherwise” are omitted as surplus.

In subsections (span)–(d), the words “just and” are omitted as surplus.

In subsection (span), the words “as may be deemed by it to be necessary”, “tracks and other”, and “proceed to” are omitted as surplus. The words “personal injury” are substituted for “casualty” for consistency.

In subsections (c) and (d), the words “an opportunity for a” are added for clarity and consistency.

In subsection (c), the word “given” is omitted as surplus. The words “rail line” are substituted for “line of track” for consistency in the revised title and with other titles of the Code. The word “appropriate” is omitted as surplus. The words “the carrier” are substituted for “trains” for clarity and consistency. The words “and Amtrak” are added for clarity.

In subsection (d), the words “upon request of the Corporation” and “otherwise” are omitted as surplus. The words “which improvements would be required” are substituted for “and with respect to the nature and extent of improvements to track, signal systems, and other facilities that would be required” to eliminate unnecessary words.

In subsection (e)(1), the words “satisfactory, voluntary” are omitted as surplus. The words “provide, or allow Amtrak to provide” are added, and the words “Amtrak may apply to the Secretary for an order requiring the carrier to provide or allow for the operation of the requested trains” are substituted for “Upon receipt of an application from the Corporation”, for clarity.

In subsection (e)(2)(A), the words “involved” and “seeking to oppose the operation of an additional train” are omitted as surplus. The words “when conducting a hearing” are added for clarity.

In subsection (e)(2)(B), the word “proper” is omitted as surplus. The words “60 miles” are substituted for “55 miles” for consistency with 45:501a(8), restated in section 24101(c)(6) of the revised title. Section 1172(3) of the Omnibus Budget Reconciliation Act of 1981 (Public Law 91–35, 95 Stat. 688) raised the speed from 55 to 60 in 45:501a but did not make a corresponding change in 45:562(g).

In subsection (e)(3), the words “Unless the parties have an agreement that establishes the compensation Amtrak will pay the carrier for additional trains provided under an order under this subsection” are substituted for 45:562(g) (last sentence words before last comma) to eliminate unnecessary words. The words “the dispute” are added for clarity and consistency in this section.

Editorial Notes

References in Text

Section 207 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (f)(1), is section 207 of Puspan. L. 110–432, which is set out in a note under section 24101 of this title.

Amendments

2008—Subsec. (a)(2). Puspan. L. 110–432, § 213(d)(2), substituted “Board” for “Commission” wherever appearing.

Subsec. (a)(2)(A). Puspan. L. 110–432, § 213(d)(1), substituted “Surface Transportation Board” for “Interstate Commerce Commission” in introductory provisions.

Subsec. (span). Puspan. L. 110–432, § 213(d)(2), substituted “Board” for “Commission” in two places.

Subsec. (c). Puspan. L. 110–432, § 213(d)(3), (4), substituted “Board” for “Secretary of Transportation” after “unless the” and for “Secretary” in three places.

Subsecs. (d), (e)(1), (2). Puspan. L. 110–432, § 213(d)(4), substituted “Board” for “Secretary” wherever appearing.

Subsec. (e)(3). Puspan. L. 110–432, § 213(d)(2), substituted “Board” for “Commission”.

Subsec. (f). Puspan. L. 110–432, § 213(a), added subsec. (f).

Statutory Notes and Related Subsidiaries

Fees

Puspan. L. 110–432, div. B, title II, § 213(span), Oct. 16, 2008, 122 Stat. 4926, provided that:

“The Surface Transportation Board may establish and collect filing fees from any entity that files a complaint under section 24308(f)(1) of title 49, United States Code, or otherwise requests or requires the Board’s services pursuant to this division [see Short Title of 2008 Amendment note set out under section 20101 of this title]. The Board shall establish such fees at levels that will fully or partially, as the Board determines to be appropriate, offset the costs of adjudicating complaints under that section and other requests or requirements for Board action under this division. The Board may waive any fee established under this subsection for any governmental entity as determined appropriate by the Board.”

Special Passenger Trains

Puspan. L. 110–432, div. B, title II, § 216, Oct. 16, 2008, 122 Stat. 4930, provided that:

“Amtrak is encouraged to increase the operation of special trains funded by, or in partnership with, private sector operators through competitive contracting to minimize the need for Federal subsidies. Amtrak shall utilize the provisions of section 24308 of title 49, United States Code, when necessary to obtain access to facilities, train and engine crews, or services of a rail carrier or regional transportation authority that are required to operate such trains.”