§10362. Duties
(a) In this section-
(1) "avoidable costs of providing transportation", "reasonable management fee", "reasonable return on the value", and "revenue attributable to the rail properties" have the same meanings as they have when used in section 304 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 744).
(2) "avoidable cost of providing rail freight transportation" has the same meaning as it has when used in section 10905(b)(2)(A) of this title.
(b) The Rail Services Planning Office shall-
(1) assist the Interstate Commerce Commission in studying and evaluating proposals, submitted to the Commission under subchapter III of chapter 113 of this title for a merger, consolidation, unification, or coordination project, joint use of tracks or other facilities, or acquisition or sale of assets involving a rail carrier subject to this subtitle;
(2) assist the Commission in developing, with respect to economic regulation of transportation, policies likely to result in a more competitive, energy-efficient, and coordinated transportation system using each mode of transportation to its maximum advantage to meet the transportation needs of the United States;
(3) assist States and local and regional transportation authorities in deciding whether to provide rail transportation continuation subsidies to continue in operation particular rail properties, by establishing criteria for determining whether particular rail properties are suitable for rail transportation continuation subsidies;
(4) conduct continuously an analysis of the national rail transportation needs, evaluate the policies, plans, and programs of the Commission on the basis of the analysis, and advise the Commission of the results of the evaluation;
(5) prescribe regulations that contain standards for the computation of subsidies for rail passenger transportation (except passenger transportation compensation disputes subject to the jurisdiction of the Commission under sections 24308(a) and 24903(c)(2) of this title) that are consistent with the compensation principles described in the final system plan established under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.) and that avoid cross-subsidization among commuter, intercity, and freight rail transportation;
(6) maintain, and from time to time revise and republish after a proceeding under section 553 of title 5, standards for determining the revenue attributable to the rail properties, the avoidable costs of providing transportation, a reasonable return on the value, and a reasonable management fee;
(7) maintain regulations that-
(A) develop an accounting system permitting the collection and publication by profitable rail carriers providing transportation over lines scheduled for abandonment, of information necessary for an accurate determination of the attributable revenues, avoidable costs, and operations of light density lines as operating and economic units; and
(B) determine the avoidable cost of providing rail freight transportation; and
(8) carry out other duties conferred on the Office by law.
(c) The criteria referred to in subsection (b)(3) of this section shall provide that rail properties are suitable for rail transportation continuation subsidies if the cost of the required subsidy to the taxpayers for the properties each year is less than-
(1) the cost of termination of rail transportation over the properties measured by increased fuel consumption and operational costs for alternative modes of transportation;
(2) the cost to the gross national product in terms of reduced output of goods and services;
(3) the cost of relocating or assisting, through unemployment, retraining, and welfare benefits, individuals and firms adversely affected if the rail transportation is terminated; and
(4) the cost to the environment measured by damage caused by increased pollution.
(d) The Office may at any time revise and republish the standards and regulations required by this section to incorporate changes made necessary by the accounting system developed under subsection (b)(7) of this section.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10362(a)(1) | 645:715(d)(6). | Jan. 2, 1974,
|
| 10362(a)(2) | 45:715(e)(1)(B). | |
| 10362(b) (1)–(6) | 45:715(d)(1), (2), (3) (less words after 2d comma), (4)–(6). | |
| 10362(b)(7) | 45:715(e) (less last sentence of par. 1). | |
| 10362(b)(8) | 45:715(d) (introductory words before comma). | |
| 10362(c) | 45:715(d)(3) (words after 2d comma). | |
| 10362(d) | 45:715(e)(1) (last sentence), (2). |
In the section, the word "transportation" is substituted for "service" and "services" for consistency in the subchapter and the revised title.
In subsection (b)(1), the words "rail carrier subject to this subtitle" are substituted for "common carrier by railroad subject to part I of such Act" to conform to the revised title.
In subsection (b)(5), the words "maintain regulations" have been substituted for the words "within 180 days after the date of enactment of the Railroad Revitalization and Regulatory Reform Act of 1976, issue additional regulations, after conducting a proceeding in accordance with the provisions of section 553 of title 5, United States Code" since the deleted words are executed.
In subsection (b)(6), the words "as those phrases are used in section 304 of this Act" are omitted since subsection (a) of the section has been inserted providing for section definitions.
In subsection (b)(7), the words "maintain regulations" are substituted for the words "Within 270 days after the date of enactment of the Railroad Revitalization and Regulatory Reform Act of 1976, the Office shall issue additional regulations, after conducting a proceeding in accordance with section 553 of title 5, United States Code" since the deleted words are executed. The words "as that phrase is used in section 1a(6)(a)(ii)(A) of the Interstate Commerce Act" are omitted since subsection (a) of the section has been inserted providing for section definitions.
45:715(d)(7) and (e)(2) are omitted as executed.
Pub. L. 103–272
Section 4(j)(13) restates 49:10362(b)(5). The effect of the restatement is to omit clause (5)(B) and make other conforming changes because of the omission. Clause (5)(B) is omitted because the clause required the Rail Services Planning Office to prescribe certain standards for carrying out 49 App.:1613. The authority under 49 App.:1613 expired on September 30, 1978.
References in Text
Section 10905(b)(2)(A) of this title, referred to in subsec. (a)(2), was amended generally by
The Regional Rail Reorganization Act of 1973, referred to in subsec. (b)(5), is
Amendments
1994-Subsec. (b)(5).
"(A) standards for the computation of subsidies for rail passenger service (except passenger transportation compensation disputes subject to the jurisdiction of the Commission under section 402(a) of the Rail Passenger Service Act (45 U.S.C. 562(a))) that are consistent with the compensation principles described in the final system plan established under the Regional Rail Reorganization Act of 1973 (
"(B) standards for determining emergency commuter rail passenger transportation operating payments under section 17 of the Federal Transit Act (49 App. U.S.C. 1613);".
1986-Subsec. (b)(7)(A).
1984-Subsec. (a)(1).
Subsec. (b)(5)(A).
Subsec. (b)(5)(B).
Section Referred to in Other Sections
This section is referred to in title 45 sections 744, 1111.