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[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2003]
[CITE: 49CFR200]

[Page 7-9]


200.1 Genera1.
200.3 Definitions.
200.5 Applications.
200.7 Objections.
200.9 Hearings.
200.11 Orders, approvals, and determinations.
200.13 Publication.

    Authority: Secs. 402(e) and 406 of Pub. L. 91-518, 84 Stat. 1327, as 
amended by sec. 10(2) of Pub. L. 93-146, 87 Stat. 548 and sec. 121 of 
Pub. L. 96-73, 93 Stat. 537 (45 U.S.C. 562(e), 566); 49 CFR 1.49.

    Source: 45 FR 64192, Sept. 29, 1980, unless otherwise noted.

Sec. 200.1  General.

    This part prescribes procedures under which applications will be 
received and heard and by which rules and orders will be issued under 
subsection 402(e) and section 406 of the Rail Passenger Service Act (45 
U.S.C. 562(e) and 566).

Sec. 200.3  Definitions.

    (a) Act means the Rail Passenger Service Act (45 U.S.C. 500 et 
    (b) Administrator means the Federal Railroad Administrator, the 
Deputy Administrator of FRA, or the delegate of either.
    (c) Amtrak means the National Railroad Passenger Corporation.
    (d) Amtrak trains means trains operated by or on behalf of Amtrak.
    (e) Chief Counsel means the Chief Counsel or Acting Chief Counsel of 
the FRA.
    (f) Downgrading of a facility means a reduction in track 
classification as specified in FRA track safety standards (49 CFR part 
213), or any other change in facilities which may increase the time 
required for a passenger train to operate over the route on which such 
facility is located.
    (g) Facility means railroad tracks, right-of-way, fixed equipment 
and facilities, 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.
    (h) FRA means the Federal Railroad Administration.
    (i) Railroad means a person providing railroad transportation for 
    (j) Shipper means a person contracting with one or more railroads 
for freight transportation.

Sec. 200.5  Applications.

    (a) Each application and objection under this part shall be 
submitted in writing to: Docket Clerk, Office of the Chief Counsel, 
Federal Railroad Administration, 400 7th Street, SW., Washington, DC 
    (b) Any procedural issues arising from the submission or 
consideration of applications under this part, such as timeliness and 
adequacy, shall be heard and decided by the Administration's panel 
established under Sec. 200.9.
    (c) Any railroad adversely affected by the preference requirement of 
subsection 402(e) of the Act may apply to the Administrator for an order 
altering that requirement. Each application shall:
    (1) List by endpoints the routes that are so affected; and
    (2) Explain for every route listed how the preference requirement of 
subsection 402(e) will materially lessen the quality of freight service 
afforded by the applicant to its shippers, including information, data 
or documents sufficient to support that explanation; and
    (3) Include an analysis of whether and by how much Amtrak's 
compensation to the railroad should be reduced if the preference 
requirement is altered.
    (d) In accordance with section 406 of the Act, any railroad may 
apply to the Administrator for approval to downgrade or dispose of its 
facilities. Each application shall:
    (1) List the facilities for proposed downgrading or disposal;
    (2) Describe and give the location of each such facility and 
identify the most recent passenger service that made use of such 
facilities; and
    (3) Contain for each facility an analysis of the costs the railroad 
could avoid if it were not required to maintain or retain the facility 
in the condition requested by Amtrak, including

[[Page 8]]

information, data and documents sufficient to support the analysis.
    (e) In addition to the data provided with their applications, 
applicants shall furnish the Administrator with any other information 
that the Administrator finds necessary in order to make the 
determinations required by the Act.
    (f) Each applicant shall promptly notify, by registered or certified 
mail, any party affected by any application, whether Amtrak or a 
railroad, of the submission of such application under this part, and 
shall provide a copy of the application with such notice. An official 
United States Postal Service receipt from the registered or certified 
mailing constitutes prima facie evidence of notice.

Sec. 200.7  Objections.

    (a) Amtrak or any other party shall have 30 days from the date an 
application is received by FRA pursuant to section 402(e) of the Act to 
object to the proposed alteration of the preference requirement. Such 
objections shall be in writing and shall reference, by date, railroad, 
and former passenger routes, the application to which it pertains.
    (b) Amtrak shall have 30 days from the date an application is 
received by FRA pursuant to section 406 of the Act to object to any or 
all of the facility downgradings or disposals proposed in such 
application. Such objections shall be in writing and shall reference, by 
date, railroad, and former passenger routes, the application to which it 
pertains and shall list, by facility description and location, the 
specific downgradings or disposals to which Amtrak objects.

Sec. 200.9  Hearings.

    (a) Pursuant to any application under this part, a prehearing 
conference will be held if found necessary or desirable by the 
    (b) Pursuant to any application under this part, an oral hearing 
will be held if required by statute or if found necessary or desirable 
by the Administrator.
    (c) Hearings shall be conducted by a panel designated by the 
Administrator, consisting of three FRA employees, including the Chief 
Counsel or a member of his or her staff who shall serve as chairman of 
the panel and the Associate Administrator for Intercity Programs or his 
or her delegate.
    (d) Hearings shall be informal fact-finding proceedings, limited to 
the issues identified by the panel. Sections 556 and 557 of title 5, 
U.S.C., shall not apply.
    (e) All direct evidence shall be reduced to writing and submitted to 
the Docket Clerk thirty days in advance of the hearing unless this 
requirement is expressly waived by the panel. Copies shall be furnished 
to all parties concurrently with the submission to the Docket Clerk.
    (f) The panel may provide for oral presentations and cross-
examination, and shall apply rules of evidence as it finds necessary.
    (g) To the extent deemed appropriate by the panel, interested 
persons, including members of the public, may participate in the 
hearings through the submission of written data, oral presentations, or 

Sec. 200.11  Orders, approvals, and determinations.

    (a) The Administrator shall promptly approve the downgrading or 
disposal of any facility to which Amtrak does not submit a timely 
objection under this part.
    (b) Orders, approvals, and determinations issued by the 
Administrator's panel under this part constitute the Administrator's 
action and shall be final.
    (c) Determinations under this part are not required to be based 
exclusively on the record of a hearing.

Sec. 200.13  Publication.

    (a) General notice of any hearing under this subpart shall be 
published in the Federal Register not less than 10 days before the 
hearing, and shall include (1) a statement of the time, place, and 
nature of the hearing, (2) a reference to the legal authority under 
which the hearing is being held and (3) a description of the subject and 
issues involved.
    (b) Any order, approval, or determination resulting from any hearing

[[Page 9]]

held under this part shall be published in the Federal Register.

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