§ 1124.10 Through-car service and reasonable connections.

Through-car service shall be provided between points designated as "points between which intercity passenger train shall be operated" in the service standards established in the Final Report on the Basic National Rail Passenger System, submitted by the Secretary of Transportation January 28, 1971, as amended by Act of Congress or by Commission decisions in discontinuance proceedings; and, at points where rail passenger lines meet so as to form reasonable direct route between points on one line and points on the other line. Reasonable connections shall be provided as indicated in paragraphs a and b of this section.

(a) A connection between 12 midnight and 6 a.m., is deemed reasonable

if through-car service is provided. If a carrier can demonstrate either (1) that immediate compliance is impossible, or (2) that after no less than 6 months' trial, market demand does not justify a connection, the carrier may upon petition, be exempted from this regulation by the Commission for such time as the Commission may deem appropriate in the circumstances. For the purposes of this regulation, impossibility of immediate compliance means any situation where facilitating a connection would require completion of a substantial undertaking such as, but not limited to, the construction of a track connection, or the negotiation of an interline contract between two or more carriers.

(b) A connection after 6 a.m., but before 12 midnight is deemed reasonable if through-car service is provided or if the layover does not exceed 4 hours. If a carrier can demonstrate that adherence to this rule would necessitate extra cars or trains not justified by market demand, it may, upon petition, be exempted from this regulation by the Commission for reasonable periods of time.

(Regulation 10.)

STATION

§ 1124.11 Hours of operation.

(a) All stations other than flag stops shall be open to passengers and their attendants and be adequately patrolled for safety and security purposes for a sufficient period of time before departure of the train to enable passengers and their attendants to purchase tickets, check baggage, and perform other transportation related tasks, and for a sufficient time after arrival of a train to enable passengers and their attendants to retrieve checked baggage and obtain safe passage from the station.

(1) If a station has so little traffic that compliance with this regulation would impose a severe financial burden on the carrier, and if the provision of safe and adequate service at that location does not require an open station, the carrier may petition the Commission for relief from this regu

lation, giving timely notice to the community affected.

(2) If the Commission is satisfied that a station of the type described in (a) above when operated as an unopened station will not involve undue risk to the safety or comfort of the passenger, but will constitute reasonably safe and adequate service at that location, it may exempt such station from this regulation for reasonable periods of time.

(Regulation 11.)

§ 1124.12 Consist of stations.

(a) All stations, and their adjoining service and parking areas, shall be provided with lighting adequate to permit their safe utilization by passengers.

(b) All stations shall be equipped with 24-hour telephone service and shall have adequate train information available.

(c) All stations shall have operating ticket sales facilities unless tickets are available on the train and sold without penalty for boarding without a ticket.

(d) Stations other than those operated as flag stops and those operated as unopened stations pursuant to Commission exemption shall have clean, serviceable restroom facilities with adequate toilet supplies, and the restroom areas shall be patrolled for safety while the station is open. (Regulation 12.)

§ 1124.13 Facilities for checked baggage in stations.

(a) All stations at which trains providing checked baggage service make scheduled stops; shall have facilities for the checking of passengers' baggage available up to 20 minutes prior to the departure from that station.

(b) A carrier may seek exemption from paragraph (a) of this section for stations other than those located in cities designated as "end points" by the Secretary of Transportation in his Final Report on the Basic National Rail Passenger System, submitted January 28, 1971, or as may be designated as "end points," provided the carrier, on petition to the Commission, can show:

(1) That in-station facilities for the checking of baggage at a particular location is not required by passenger usage of that station, and

(2) That it has adequate baggage assistance on board trains stopping at the station in question to have their baggage placed on the train, and, if possible on trains with checked-baggage service, to have their baggage checked if they so desire.

(c) If a carrier refuses to accept baggage at a point in time more than 30 minutes prior to the scheduled departure of a train with checked-baggage service, the carrier shall forward the baggage by such means that the baggage will arrive at passenger's destination within 30 minutes of passenger's arrival at that destination.

(d) All checked baggage must be made available to the passenger within a reasonable time not to exceed 30 minutes after the passenger's arrival at his destination station.

(e) If a carrier fails to make checked baggage available within 30 minutes after arrival of the train with checkedbaggage service on which the passenger was riding it shall forward the baggage to the passenger at the carrier's expense.

(f) The carrier shall be responsible for the actual value of all checked baggage.

holidays and special weekends, to meet the peak demands of its customers.

(1) If a carrier does not have sufficient equipment reserves to meet these predictable peak demands, it shall seek out from other reasonable sources, including noncarriers, railway cars which meet these regulations and the quality standards of the carrier, and shall use such cars to meet the obligation under paragraph (a) of this section.

(2) A private railcar tendered to a carrier for its use in meeting its obligation under regulation 14a shall not be denied carriage by any carrier during nonpeak travel periods when request upon reasonable terms is made for that carriage by the car's owner at least 30 days prior to anticipated movement provided such car meets the regulatory standards of safety and adequacy. This section shall not be construed to prohibit the carriage of noncarrier-owned railcars that have not been tendered or used by a carrier, if they meet the applicable adequacy and safety regulations.

(b) Carriers shall facilitate railroad travel by elderly and handicapped persons, and to that end shall, to the extent financial resources permit, acquire or design and construct special facilities and equipment, eliminate architectural and other barriers in present equipment and facilities, and provide appropriate assistance to, from, and on trains and in terminals. (Regulation 14.)

§ 1124.15 Services required to meet public demand.

Carriers shall provide and maintain services on trains sufficient to assist all passengers with their train travel needs:

(a) These services shall include such things as baggage assistance, sleeping car room assistance, meal service, and train schedule information.

(b) Carriers shall, upon reasonable advance notice, provide to the extent reasonably possible, the necessary assistance to customers who, because of age, physical condition, or dietary restrictions need special assistance in their travels.

(Regulation 15.)

§ 1124.16 Baggage service on trains.

(a) All trains on trips scheduled for 200 miles or more shall have checkedbaggage service en route. Trains on trips of less than 200 miles need not have checked-baggage service provided another train with checked-baggage service traverses the same route at least once daily in each direction.

(b) A carrier may seek exemption by petition from regulation 16 for a particular train or series of trains if:

(1) The train is of a design or function to which a conventional checkedbaggage service is incompatible, and

(2) The carrier provides sufficient baggage assistance on board so that customers will not be burdened with self-handling of baggage, and

(3) There is adequate room on board the train so that the carry-on baggage is not a hindrance to the safety or comfort of passengers.

(c) An exemption petition under paragraph (b) of this section shall be accompanied by an affidavit that timely notice has been given to all carriers with which the train in question connects to form a through service.

(Regulation 16.)

§ 1124.17 Food and beverage service.

(a) Carriers operating trains which travel for 2 hours or more shall make food and beverages available at all times to all passengers on these trains. Complete meals shall be made available during customary dining hours.

(b) Food and beverages and the surroundings in which they are made available must comply with the health regulations of the Public Health Service as set forth in parts 12.21 through 12.47 of Title 42 of the Code of Federal Regulations.

(c) A train traveling for 12 hours or more must have at least one full-service dining area where sit-down, complete meals are served, unless it has dining service available in the domelounge car, lounge car, or dome car, or has meal service available to sleeping car rooms, and at coach seats, serving complete meals and beverages.

(Regulation 17.)

§ 1124.18 Temperature control.

(a) All regularly scheduled train cars must be equipped with operable climate conditioning equipment and be maintained at a room temperature of at least 60 degrees above zero Fahrenheit and no higher than 80 degrees above zero Fahrenheit.

(b) Should air conditioning or heat fail so that temperatures go beyond the range specified in regulation 18a, carriers shall offer the passengers affected alternate accommodations of similar or better type, if available on the train, at no extra charge. If such accommodations are not available, carriers shall offer to provide or procure alternate service on another train or mode of transportation and food and shelter for passengers until they are able to resume their journey, all at no additional charge.

(Regulation 18.)

§ 1124.19 Proper functioning of equipment.

All cars and equipment shall be in proper working condition when placed in the consist of a train prior to commencement of a run.

(Regulation 19.)

§ 1124.20 Car requirements.

(a) Sleeping car service shall be provided for all trains having a journey of 6 hours or more during the time period from midnight to 8 a.m.

(b) Apparatus for support of legs or feet, reclining seats, and clean pillows shall be provided in all coaches on all trains having a journey of four hours or more during the period from 10 p.m. to 8 a.m.

(c) On trains traveling for six hours or more, nonrevenue lounge space shall be provided. Dome or flat-top observation cars may be used to fulfill a carrier's obligation in this regard.

(d) All cars and restroom facilities therein shall be sanitary, watertight, and free of debris and objectionable odors. This regulation is one related to health, and no exemption can be made hereto.

(e) All cars shall carry first aid kits. (Regulation 20.)

§ 1124.21 Allocation of space for nonsmokers and smokers.

(a) Smoking shall not be permitted on trains except in appointed areas with fire resistant materials and equipped with ventilation systems adequate to exchange air completely in reasonably short periods of time.

(b) On train cars meeting the above requirements, smoking may be permitted as follows:

(1) Smoking may be permitted in private sleeping cars, snack cars, parlor cars, and lounge cars.

(2) Smoking is not permitted in any full service dining car.

(3) Smoking may be permitted in any other car in a ratio of up to one smoking car for every nonsmoking car of its type in the consist. Unreserved coach, reserved coach, and dome cars shall each be considered a separate "type" of car.

(4) Pipe and cigar smoking is not permitted on board trains except in private sleeping cars and in cars which have been designated as smoking areas in their entirety.

(c) Each car shall be clearly designated as smoking or nonsmoking by placards placed in conspicuous locations.

(Regulation 21.)

[41 FR 34260, Aug. 13, 1976]

§ 1124.22 Complaint procedure.

(a) This complaint procedure shall be initiated upon receipt by the Commission of a complaint stating the following:

(1) Train name (if any) and number, or location of station.

(2) Date of alleged violation. (3) Location of entraining point. (4) Location of detraining point. (5) Description of alleged violation. (6) Relief offered by carrier, if any, and reasons why relief was unacceptable.

(7) Requested relief.

(8) Name and address of complainant.

(b) A copy of the complaint shall be served by the complainant on the carrier or carriers against whom a violation is alleged.

(c) Carriers shall make complaint forms similar to the one attached hereto readily available on all trains and in all stations to facilitate their use by passengers.

(1) Notices as to where passengers may obtain such forms shall be conspicuously posted in each train car and in each station.

(2) Failure to use a complaint form shall not preclude a passenger from filing a complaint, provided that it is in accordance with paragraph (a) of this section.

(d) The carrier, within 15 days after receipt of the complaint, shall notify the Commission and the complainant of the action it will take to correct the matter that led to the complaint, or of the reasons why it does not believe the matter complained of constitutes a violation of these regulations.

(e) If the complainant notifies the carrier and the Commission that the carrier's reply or proposed remedy is not acceptable, the Commission will take such steps as it deems appropriate in the circumstances, including, but not limited to, further efforts to mediate the controversy, or a formal investigation or dismissal of the complaint, or appropriate enforcement action.

(Regulation 22.)

§ 1124.23 Commission initiation of proceedings on own motion.

The Commission, upon its own motion, may institute a complaint proceeding to determine a violation of these regulations.

(Regulation 23.)

§ 1124.24 Execution of penalties against carriers in violation.

Where the Commission staff determines that a violation of these regulations has occurred, the matter may be referred to the Department of Justice for appropriate enforcement under section 801 of the Rail Passenger Service Act or the Commission may take such other steps as it deems appropriate in the circumstances, including among others, informal or formal steps to settle the matter in dispute on a fair and equitable basis.

(Regulation 24.)

§ 1124.25 Modification of regulations.

These regulations shall be amendable by the Commission, pursuant to establish rulemaking procedures.

(Regulation 25.)

§ 1124.26 Track standards.

(a) The trackage of a carrier used in intercity rail passenger service shall be maintained by the carrier at not less than the level of utility existing on May 1, 1971.

(b) For purposes of this regulation, the "level of utility" shall be considered as being maintained if the track permits operation of a train between terminals in the same elapsed time as on May 1, 1971, with a reasonable degree of regularity and with a reasonable degree of passenger comfort. The elapsed time shall be determined from the applicable employee timetable speeds.

[42 FR 31795, June 23, 1977]

PART 1125-STANDARDS FOR DETERMINING RAIL SERVICES CONTINUATION SUBSIDIES

Sec.

1125.1 Purpose of the standards. 1125.2 Definitions of terms used in the

standards.

1125.3 Procedure for calculating a subsidy

estimate.

1125.4 Interim payments, financial reports, and interpretations.

1125.5 Year-end adjustment.

1125.6 Revenue and income attributable to branch lines.

1125.7 Calculation of avoidable costs and management fee. 1125.8 Apportionment rules for the assignment of expenses to on-branch costs. 1125.9 Return on value of rail properties. APPENDIX I-Format for presentation of subsidy estimate.

APPENDIX II-Format for financial status reports.

AUTHORITY: Section 205(d)(6), Regional Rail Reorganization Act of 1973, Pub. L. 93236, 87 Stat 985, 994, as amended by sec. 309 of the Railroad Revitalization and Regulatory Reform Act of 1976, Pub. L. 94-210, 90 Stat. 31, 57.

SOURCE: 43 FR 1692, Jan. 11, 1978, unless otherwise noted.