86 STAT. ]
PUBLIC LAW 92-316-JUNE 22, 1972
229
such calendar month: " (A) The average number of passengers per day on board each train operated. " (B) The on-time performance at the final destination of each train operated, by route and by railroad. '"(b) The Corporation shall transmit to the President and to the Report to Congress by January 15 of each year (beginning with 1973), and at Jongt?s?. ^"'^ such other times as it deems desirable, a comprehensive and detailed report of its operations, activities, and accomplishments under this Act, including a statement of receipts and expenditures for the preceding year. At the time of its annual report, the Corporation shall submit such legislative recommendations as it deems desirable, including the amount of financial assistance needed for operations and for capital improA^ements, the manner and form in which the amount of such assistance should be computed, and the sources from which such assistance should be derived. "(c) The Secretary and the Commission shall transmit to the President and to the Congress by March 15 of each year (beginning with 1974) reports (or, in their discretion, a joint report) on the effectiveness of this Act in meeting the requirements for a balanced national transportation system, together with any legislative recommendations.". SEC. 5. Section 402 of the Rail Passenger Service Act of 1970 (45 ILS.C. 562) is amended— 84 Stat. 1335. (1) by inserting "within ninety days after application by the Corporation," immediately after "Interstate Commerce Commission shall," in the second sentence of subsection (a); and (2) by adding at the end thereof the following new subsection: "(c) To facilitate such operations by the Corporation as may be Emergency deemed by it to be necessary in an emergency, the Commission shall, '"^^^"'•^S' upon application by the Corporation, require a railroad to make immediately available tracks and other facilities for the duration of such emergency. The Commission shall thereafter promptly proceed to fix such terms and conditions as are just and reasonable including indemnification of the railroad by the Corporation against any casualty risk to which it may be exposed.". SEC. 6. Section 403(a) of the Rail Passenger Service Act of 1970 Experimental (45 U.S.C. 563(a)) is amended to read as follows: service. " (a) The Corporation may provide intercity rail passenger service in excess of that prescribed for the basic system, either within or outside the basic system, where the Corporation, based on its own or available marketing studies or other similar reports or information, determines that experimental or expanded service would be justified, if consistent with prudent management. In determining the establishment of the additional routes, the Corporation shall take into account the current and the estimated future population and economic conditions of the points to be served, the adequacy of alternative modes of transportation available to those points, and the cost of adding the service. The Corporation shall cooperate with State, regional, and local agencies to encourage the use of trains established under this subsection and shall make reasonable efforts to assure high quality of customer services. Any intercity rail passenger service provided under this subsection for a continuous period of two years shall be designated by the Secretary as a part of the basic system.".
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