Page:United States Statutes at Large Volume 92 Part 2.djvu/75

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1355

SUBCHAPTER IV—RAIL SERVICES PLANNING OFFICE § 10361. Organization 49 USC 10361. The Rail Services Planning Office is an office in the Interstate Commerce Commission. 49 USC 10362. §10362. Duties Definitions. (a) In this section— (1) "avoidable costs of providing transportation", "reasonable management fee", "reasonable return on the value", and "revenue attributable to the rail properties" have the same meanings as they have when used in section 744 of title 45. (2) "avoidable cost of providing rail freight transportation" has the same meaning as it has when used in section 10905(b)(2) Post, p. 1405. (A) of this title. Assistance. (b) The Rail Services Planning Office shall— (1) assist the Interstate Commerce Commission in studying and evaluating proposals, submitted to the Commission under subchapter III of chapter 113 of this title for a merger, consolidation, Post, p. 1434. unification, or coordination project, joint use of tracks or other facilities, or acquisition or sale of assets involving a rail carrier subject to this subtitle; (2) assist the Commission in developing, with respect to economic regulation of transportation, policies likely to result in a more competitive, energy-efficient, and coordinated transportation system using each mode of transportation to its maximum advantage to meet the transportation needs of the United States; (3) assist States and local and regional transportation au- Criteria. thorities in deciding whether to provide rail transportation continuation subsidies to continue in operation particular rail properties, by establishing criteria for determining whether particular rail properties are suitable for rail transportation continuation subsidies; (4) conduct continuously an analysis of the national rail trans- Analysis and portation needs, evaluate the policies, plans, and programs of the evaluation. Commission on the basis of the analysis, and advise the Commission of the results of the evaluation; Regulations. (5) maintain regulations that contain— (A) standards for the computation of subsidies for rail passenger service (except passenger transportation compensation disputes subject to the jurisdiction of the Commission under section 562(a) of title 45) that are consistent with the compensation principles described in the final system plan established under the Regional Rail Reorganization Act of 1973 (87 Stat. 985), as amended, and which avoid cross- 45 USC 701 note. subsidization among commuter, intercity, and freight rail transportation; and (B) standards for determining emergency commuter rail passenger transportation operating payments under section 49 USC 1613. 1613 of this title; (6) maintain, and from time to time revise and republish after a proceeding under section 553 of title 5, standards for determining the revenue attributable to the rail properties, the avoidable costs of providing transportation, a reasonable returU on the value, and a reasonable management fee; (7) maintain regulations that—

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