226
ton, Massachusetts, and New Haven, Connecticut, from Springfield,
Massachusetts, to make those facilities more compatible with improved
high-speed transportation provided on the Northeast Corridor main
line;
(3) improve nonoperational parts of stations, related facilities, and
fencing used in intercity rail passenger transportation;
(4) facilitate improvements in, and usage of, commuter rail pas-
senger, rail rapid transit, and local public transportation, to the extent
compatible with clauses (1)–(3) of this subsection and subsections (f)
and (h) of this section;
(5) maintain and improve rail freight transportation in or adjacent
to the Northeast Corridor and through-freight transportation in the
Northeast Corridor, to the extent compatible with clauses (1)–(4) of
this subsection and subsections (f) and (h) of this section;
(6) continue and improve passenger radio mobile telephone service on
high-speed rail passenger transportation between Boston, Massachu-
setts, and the District of Columbia, to the extent compatible with
clauses (1)–(3) of this subsection and subsections (f) and (h) of this
section; and
(7) eliminate to the maximum extent practicable congestion in rail
freight and rail passenger transportation at the Baltimore and Potomac
Tunnel in Baltimore, Maryland, by rehabilitating and improving the
tunnel and the rail lines approaching the tunnel.
(b) MANAGING COSTS AND REVENUES.—Amtrak shall manage its operat-
ing costs, pricing policies, and other factors with the goal of having revenues
derived each fiscal year from providing intercity rail passenger transpor-
tation over the Northeast Corridor route between the District of Columbia
and Boston, Massachusetts, equal at least the operating costs of providing
that transportation in that fiscal year.
(c) COST SHARING FOR NONOPERATIONAL FACILITIES.—(1) Fifty per-
cent of the cost of improvements under subsection (a)(3) of this section
shall be paid by a State, local or regional transportation authority or other
responsible party. However, Amtrak may finance entirely a safety-related
improvement.
(2) When a part of the cost of improvements under subsection (a)(3) of
this section will be paid by a responsible party under paragraph (1) of this
subsection, Amtrak may make an agreement with the party under which
Amtrak—
(A) shall carry out the improvements with amounts appropriated
under section 24909 of this title and the party shall reimburse Amtrak;
and
227
(B) to the extent provided in an appropriation law, may incur obliga-
tions for contracts to carry out the improvements in anticipation of re-
imbursement.
(3) Amounts reimbursed to Amtrak under paragraph (2) of this sub-
section shall be credited to the appropriation originally charged for the cost
of the improvements and are available for further obligation.
(d) PASSENGER RADIO MOBILE TELEPHONE SERVICE.—The President
and departments, agencies, and instrumentalities of the United States Gov-
ernment shall assist Amtrak under subsection (a)(6) of this section, subject
to the Communications Act of 1934 (47 U.S.C. 151 et seq.) and radio serv-
ices standards, when the Federal Communications Commission decides the
assistance is in the public interest, convenience, and necessity.
(e) PRIORITIES IN SELECTING AND SCHEDULING PROJECTS.—When se-
lecting and scheduling specific projects, Amtrak shall apply the following
considerations, in the following order of priority:
(1) Safety-related items should be completed before other items be-
cause the safety of the passengers and users of the Northeast Corridor
is paramount.
(2) Activities that benefit the greatest number of passengers should
be completed before activities involving fewer passengers.
(3) Reliability of intercity rail passenger transportation must be em-
phasized.
(4) Trip-time requirements of this section must be achieved to the
extent compatible with the priorities referred to in paragraphs (1)–(3)
of this subsection.
(5) Improvements that will pay for the investment by achieving lower
operating or maintenance costs should be carried out before other im-
provements.
(6) Construction operations should be scheduled so that the fewest
possible passengers are inconvenienced, transportation is maintained,
and the on-time performance of Northeast Corridor commuter rail pas-
senger and rail freight transportation is optimized.
(7) Planning should focus on completing activities that will provide
immediate benefits to users of the Northeast Corridor.
(f) COMPATIBILITY WITH FUTURE IMPROVEMENTS AND PRODUCTION OF
MAXIMUM LABOR BENEFITS.—Improvements under this section shall be
compatible with future improvements in transportation and shall produce
the maximum labor benefit from hiring individuals presently unemployed.
(g) AUTOMATIC TRAIN CONTROL SYSTEMS.—A train operating on the
Northeast Corridor main line or between the main line and Atlantic City
228
shall be equipped with an automatic train control system designed to slow
or stop the train in response to an external signal.
(h) HIGH-SPEED TRANSPORTATION.—If practicable, Amtrak shall estab-
lish intercity rail passenger transportation in the Northeast Corridor that
carries out section 703(1)(E) of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94–210, 90 Stat. 121).
(i) EQUIPMENT DEVELOPMENT.—Amtrak shall develop economical and
reliable equipment compatible with track, operating, and marketing charac-
teristics of the Northeast Corridor, including the capability to meet reliable
trip times under section 703(1)(E) of the Railroad Revitalization and Regu-
latory Reform Act of 1976 (Public Law 94–210, 90 Stat. 121) in regularly
scheduled revenue transportation in the Corridor, when the Northeast Cor-
ridor improvement program is completed. Amtrak must decide that equip-
ment complies with this subsection before buying equipment with financial
assistance of the Government. Amtrak shall submit a request for an author-
ization of appropriations for production of the equipment.
(j) AGREEMENTS
FOR OFF-CORRIDOR ROUTING
OF RAIL FREIGHT
TRANSPORTATION.—(1) Amtrak may make an agreement with a rail freight
carrier or a regional transportation authority under which the carrier will
carry out an alternate off-corridor routing of rail freight transportation over
rail lines in the Northeast Corridor between the District of Columbia and
New York metropolitan areas, including intermediate points. The agreement
shall be for at least 5 years.
(2) Amtrak shall apply to the Interstate Commerce Commission for ap-
proval of the agreement and all related agreements accompanying the appli-
cation as soon as the agreement is made. If the Commission finds that ap-
proval is necessary to carry out this chapter, the Commission shall approve
the application and related agreements not later than 90 days after receiv-
ing the application.
(3) If an agreement is not made under paragraph (1) of this subsection,
Amtrak, with the consent of the other parties, may apply to the Interstate
Commerce Commission. Not later than 90 days after the application, the
Commission shall decide on the terms of an agreement if it decides that
doing so is necessary to carry out this chapter. The decision of the Commis-
sion is binding on the other parties.
(k) COORDINATION.—(1) The Secretary of Transportation shall coordi-
nate—
(A) transportation programs related to the Northeast Corridor to en-
sure that the programs are integrated and consistent with the North-
east Corridor improvement program; and
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(B) amounts from departments, agencies, and instrumentalities of
the Government to achieve urban redevelopment and revitalization in
the vicinity of urban rail stations in the Northeast Corridor served by
intercity and commuter rail passenger transportation.
(2) If the Secretary finds significant noncompliance with this section, the
Secretary may deny financing to a noncomplying program until the non-
compliance is corrected.
(l ) COMPLETION.—Amtrak shall give the highest priority to completing
the program.
§ 24903. Program master plan for Boston-New York main
line
(a) CONTENTS.—Not later than October 27, 1993, in consultation with
Amtrak and the commuter and freight rail carriers operating over the
Northeast Corridor main line between Boston, Massachusetts, and New
York, New York, the Secretary of Transportation shall submit to the Com-
mittee on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a pro-
gram master plan for a coordinated program of improvements to that main
line that will allow the establishment of regularly scheduled, safe, and de-
pendable rail passenger transportation between Boston, Massachusetts, and
New York, New York, in not more than 3 hours, including intermediate
stops. The plan shall include—
(1) a description of the implications of the improvements for the re-
gional transportation system, including the probable effects on general
travel trends and on travel volumes in other transportation modes and
the implications for State and local governments in achieving compli-
ance with the Clean Air Act (42 U.S.C. 7401 et seq.);
(2) an identification of the coordinated program of improvements
and the specific projects of that program, including the estimated costs,
schedules, timing, and relationship of those projects with other
projects;
(3) an identification of the financial responsibility for the specific
projects of that program and the sources of the amounts for the
projects;
(4) an operating plan for the construction period of the improve-
ments that shows a coordinated approach to scheduling intercity and
commuter trains;
(5) an operating plan for the coordinated scheduling of intercity and
commuter trains for the period after the program is completed, includ-
ing priority scheduling, dispatching, and occupancy of tracks for appro-
priately frequent, regularly scheduled intercity rail passenger transpor-