49 U.S.C. § 24309: Retaining and maintaining facilities

“facility” means a rail line, right of way, fixed equipment, facility, or real property related to a rail line, right of way, fixed equipment, or facility, including a signal system, passenger station and repair tracks, a station building, a platform, and a related facility, including a water, fuel, steam, electric, and air line. downgrading a facility means reducing a track classification as specified in the Federal Railroad Administration track safety standards or altering a facility so that the time required for rail passenger transportation to be provided over the route on which a facility is located may be increased. A facility of a rail carrier or regional transportation authority that Amtrak used to provide rail passenger transportation on February 1, 1979 , or on January 1, 1997 , may be downgraded or disposed of only after approval by the Secretary of Transportation under this section. A rail carrier intending to downgrade or dispose of a facility Amtrak currently is not using to provide transportation shall notify Amtrak of its intention. If, not later than 60 days after Amtrak receives the notice, Amtrak and the carrier do not agree to retain or maintain the facility or to convey an interest in the facility to Amtrak, the carrier may apply to the Secretary for approval to downgrade or dispose of the facility. ridership potential by ascertaining existing and changing travel patterns that would provide maximum efficient rail passenger transportation; the quality of transportation of competitors or likely competitors; the likelihood of Amtrak offering transportation at a competitive fare; opportunities to target advertising and fares to potential classes of riders; economic characteristics of rail passenger transportation related to the facility and the extent to which the characteristics are consistent with sound economic principles of short haul or long haul rail transportation; and the feasibility of applying effective internal cost controls to the facility and route served by the facility to improve the ratio of passenger revenue to transportation expenses (excluding maintenance of tracks, structures, and equipment and depreciation). If Amtrak does not object to an application not later than 30 days after it is submitted, the Secretary shall approve the application promptly. the potential importance of restoring rail passenger transportation on the route on which the facility is located; the market potential of the route; the availability, adequacy, and energy efficiency of an alternate rail line or alternate mode of transportation to provide passenger transportation to or near the places that would be served by the route; the extent to which major population centers would be served by the route; the extent to which providing transportation over the route would encourage the expansion of an intercity rail passenger system in the United States; and the possibility of increased ridership on a rail line that connects with the route. Downgrading or disposing of a facility under this section does not relieve a rail carrier from complying with its other common carrier or legal obligations related to the facility.