Page:United States Statutes at Large Volume 108 Part 2.djvu/198

 108 STAT. 914 PUBLIC LAW 103-272—JULY 5, 1994 shall collect the information based on geographic regions and on whether the facility would be part of a short haul or long haul route. The survey should facilitate an analysis of— (A) ridership potential by ascertaining existing and changing travel patterns that would provide maximum efficient rail passenger transportation; (B) the quality of transportation of competitors or likely competitors; (C) the likelihood of Amtrak offering transportation at a competitive fare; (D) opportunities to target advertising and fares to potentisd classes of riders; (E) economic characteristics of rail passenger transportation related to the facility and the extent to which the characteristics are consistent with sound economic principles of short haul or long haul rail transportation; and (F) the feasibility of applying effective internal cost controls to the facility and route served by the facility to improve the ratio of passenger revenue to transportation expenses (excluding maintenance of tracks, structures, and equipment and depreciation). (d) APPROVAL OF APPLICATION AND PAYMENT OF AVOIDABLE COSTS. —(1) If Amtrak does not object to an application not later than 30 days after it is submitted, the Secretary shall approve the application promptly. (2) If Amtrak objects to an application, the Secretary shall decide by not later than 180 days after the objection those costs the rail carrier may avoid if it does not have to retain or maintain a facility in the condition Amtrak requests. If Amtrak does not agree by not later than 60 days after the decision to pay the carrier these avoidable costs, the Secretary shall approve the application. When deciding whether to pay a carrier the avoidable costs of retaining or maintaining a facility, Amtrak shall consider— (A) the potential importance of restoring rail passenger transportation on the route on which the facility is located; (B) the market potential of the route; (C) the availability, adequacy, and energy efficiency of an alternate rail line or alternate mode of transportation to provide passenger transportation to or near the places that would be served by the route; (D) the extent to which major population centers would be served by the route; (E) the extent to which providing transportation over the route would encourage the expansion of an intercity rail passenger system in the United States; and (F) the possibility of increased ridership on a rail line that connects with the route. (e) COMPLIANCE WITH OTHER OBLIGATIONS. — Downgrading or disposing of a facility under this section does not relieve a rail carrier from complying with its other common carrier or legal obligations related to the facility. §24310. Assistance for upgrading facilities (a) To CORRECT DANGEROUS CONDITIONS. — (1) Amtrak or the owner of a facility presenting a danger to the employees, passengers, or property of Amtrak may petition the Secretary of Transportation

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