Page:United States Statutes at Large Volume 93.djvu/581

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PUBLIC LAW 96-000—MMMM. DD, 1979

PUBLIC LAW 96-73—SEPT. 29, 1979

93 STAT. 549

"(D) the extent to which major population centers would be served by such route; "(E) the extent to which the provision of service over such route would encourage the expansion of a national intercity rail passenger system; and "(F) the possibility of increased ridership on lines of railroad connecting with such route. "(2)(A) In order to prepare for a valid and timely analysis of a facility, after a railroad gives notice pursuant to this section that it intends to downgrade or dispose of such facility, the Corporation shall conduct a survey of population centers with railroad passenger service facilities and shall update such survey from time to time as may be necessary or appropriate. Within 90 days after the date of Survey plan, enactment of this section, the Corporation shall take steps to prepare a survey plan which shall provide for— "(i) a target completion date for the survey of population centers of not later than 360 days after the ninetieth day after such date of enactment; and "(ii) a system of collection, compilation, and storage of information gathered pursuant to the survey according to geographic region and according to whether a facility would be part of a short- or long-haul route. "(B) The survey should facilitate an analysis of— "(i) ridership potential by ascertaining existing travel patterns or changing travel patterns which would maximize efficiencies of railroad passenger service; "(ii) the quality of service of competitors or likely competitors; "(iii) the likelihood of the Corporation offering service at a competitive fare; "(iv) opportunities to target advertising and fares to potential classes of riders; "(v) economic characteristics of railroad passenger service associated with a facility and the extent to which such characteristics are consistent with sound economic principles of short- or long-haul railroad operations; and "(vi) the feasibility of applying effective internal cost controls to a facility and the route which the facility would serve in order to improve over time the ratio of transportation expenses, excluding maintenance of track, structure, and equipment and depreciation, to passenger revenue. "(e) For purposes of this section—

"(1) the term 'facilities' means railroad tracks, rights-of-way, fixed equipment and facilities, and real property appurtenant thereto, and includes signal systems, passenger station and repair tracks, station buildings, platforms, and adjunct facilities such as water, fuel, steam, electric, and air lines; "(2) the downgrading of a facility means a reduction in track classification as specified in the Federal Railroad Administration track safety standards (49 C.F.R. 213), or any other change in such facilities which may increase the time required for a passenger train to operate over the route on which such facility is located; and "(3) approval of downgrading or disposal under this section shall not be construed as relieving a railroad from compliance with its other common carrier or legal obligations with respect to a facility."

Definitions.