(a) "Act" means the Rail Passenger Service Act (45 U.S.C. 500 et seq.).

the

(b) "Administrator" means the Federal Railroad Administrator, 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 compensation.

(j) "Shipper" means a person contracting with one or more railroads for freight transportation.

§ 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, S.W., Washington, D.C. 20590.

(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 § 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 condi