12 2 STA T .495 5 PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 200 8TI T LE I V—M I SC ELL AN E OU S PR OVISIONS SEC.401 .C OM M UT E R R AIL ME D IATIO N . (a)AMEND MEN T.—P a rtEofsub t i t leV isa m e nd edb y addin g att h e end the follo w ing
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‘ CHAPTER285— C OM M U TER RA IL ME D IATIO N‘ ‘ Sec. ‘‘ 28501 . D e fin i t i o n s ‘‘28502. S ur f a ce T rans p ortation B oar dm ediation of trac k a g eusere q uests. ‘‘2850 3 . Surface Transportation Board mediation of rig h ts - of- w a y use requests. ‘‘2850 4 . A pp l ica b ility of other laws. ‘‘28505. R ules and regulations. ‘‘ § 285 01. D efin i t i o n s‘ ‘ I n this c ha p ter— ‘‘( 1 )theterm‘ B oard ’ means the S urface T ransportation Board
‘‘( 2 ) the term ‘capital wor k ’ means maintenance , restora - tion, reconstruction, capacity enhancement, or rehabilitation work on trackage that would be treated, in accordance with generally accepted accounting principles, as a capital item rather than an e x pense; ‘‘( 3 ) the term ‘commuter rail passenger transportation’ has the meaning gi v en that term in section 2 4 1 0 2; ‘‘(4) the term ‘public transportation authority’ means a local governmental authority (as defined in section 5 302(a)( 6 )) established to provide, or make a contract providing for, com- muter rail passenger transportation; ‘‘(5) the term ‘rail carrier’ means a person, other than a governmental authority, providing common carrier railroad transportation for compensation sub j ect to the jurisdiction of the Board under chapter 105; ‘‘(6) the term ‘segregated fixed guideway facility’ means a fixed guideway facility constructed within the railroad right- of-way of a rail carrier but physically separate from trackage, including relocated trackage, within the right-of-way used by a rail carrier for freight transportation purposes; and ‘‘( 7 ) the term ‘trackage’ means a railroad line of a rail carrier, including a spur, industrial, team, switching, side, yard, or station track, and a facility of a rail carrier. ‘‘§ 28502. Sur f ac e Trans p ortation B oar dm ediation of trac k- a g eusere q uests ‘‘If, after a reasonable period of negotiation, a public transpor- tation authority cannot reach agreement with a rail carrier to use trackage of, and have related services provided by, the rail carrier for purposes of commuter rail passenger transportation, the public transportation authority or the rail carrier may apply to the Board for nonbinding mediation. The Board shall conduct the nonbinding mediation in accordance with the mediation process of section 110 9 .4 of title 49, C ode of F ederal R egulations, as in effect on the date of enactment of this section.
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