§24705. Additional qualifying routes

(a) Routes Recommended for Discontinuance.-(1) To maintain a national intercity rail passenger system in the United States and if a reduction in operating expenses can be achieved, Amtrak shall provide rail passenger transportation over each route the Secretary of Transportation recommended be discontinued under section 4 of the Amtrak Improvement Act of 1978 and may restructure a route to serve a major population center as an ending place or principal intermediate place. Transportation over a long distance route shall be maintained if the Amtrak estimate for the fiscal year ending September 30, 1980, was that the short term avoidable loss for each passenger mile on the route was not more than 7 cents. Transportation over a short distance route shall be maintained if the Amtrak estimate for the fiscal year ending September 30, 1980, was that the short term avoidable loss for each passenger mile on the route was not more than 9 cents.

(2) For all routes, Amtrak shall calculate short term avoidable loss for each passenger-mile based on consistently defined factors. Calculations shall be based on the most recent available statistics for a 90-day period, except that Amtrak may use historical information adjusted to reflect the most recent available statistics.

(b) Deferral of Secretary's Recommendations.-(1) To provide equivalent or improved transportation consistent with the goals of section 4(a) of the Act, Amtrak may defer carrying out a recommendation of the Secretary under section 4 of the Act that requires providing transportation over a rail line not used in intercity rail passenger transportation on May 24, 1979, requires using a new facility, or requires making a new labor agreement, until any necessary capital improvements are made in the line or facility or the agreement is made.

(2) Notwithstanding another law and the route and service criteria, during the period a decision of the Secretary under section 4 of the Act is deferred, Amtrak shall provide substitute transportation over existing routes recommended for restructuring and over other existing feasible routes. Except for transportation concentrating on commuter ridership over a short haul route, transportation provided under this paragraph may be provided only if the route complies with subsection (a) of this section, adjusted to reflect constant 1979 dollars.

(c) Short Haul Demonstration Routes.-Notwithstanding this part, Amtrak may provide short haul trains on additional routes totaling not more than 200 miles that link at least 2 major metropolitan areas-

(1) on a demonstration basis to establish the feasibility and benefits of the transportation; and

(2) to the extent available resources allow.

(d) Routes Discontinued by Rail Carriers.-Amtrak may undertake to provide rail passenger transportation between places served by a rail carrier filing a notice of discontinuance under section 10908 or 10909 of this title.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 926 .)

In subsection (a)(1), the word "estimate" is substituted for "calculated . . . and projected" to eliminate unnecessary words.

In subsection (a)(2), the words "(such as seasonal fluctuations in ridership)" are omitted as surplus.

In subsection (b)(2), the words "in whole or in part" are omitted as surplus. The words "after October 1, 1981" are omitted as executed.

In subsection (c), the words "in the same manner" and "(including the requirements of section 563(d) of this title)" are omitted as surplus.

In subsection (d), the text of 45:642 is omitted as surplus. The words "On and after January 1, 1975" in 45:564 are omitted as executed. The words "passenger train service operated by such railroad may be discontinued" are omitted as surplus. The words "under section 10908 or 10909 of this title" are added for clarity.

References in Text

Section 4 of the Amtrak Improvement Act of 1978, referred to in subsecs. (a)(1) and (b), is section 4 of Pub. L. 95–421, which was set out as a note under section 521 of Title 45, Railroads, prior to repeal by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379 .

Section Referred to in Other Sections

This section is referred to in sections 24102, 24707, 24708 of this title.