National Academies Press: OpenBook

Railroad Legal Issues and Resources (2015)

Chapter: XXV. High-Speed Rail

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Page 104
Suggested Citation:"XXV. High-Speed Rail." National Academies of Sciences, Engineering, and Medicine. 2015. Railroad Legal Issues and Resources. Washington, DC: The National Academies Press. doi: 10.17226/22093.
Page 104

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104 D. Rules Published by the American Association of Railroads 587 Also relevant to the regulation of railroad equipment safety are rules published by the American Association of Railroads (AAR):478 the Office Manual of the AAR Interchange Rules479 and the Field Manual of the AAR Interchange Rules.480 XXV. HIGH-SPEED RAIL 588 A. Introduction 588 Federal law authorizes the Secretary of Transportation to “lead and coordinate federal efforts” to “foster the implementation of…high-speed steel wheel on rail transportation systems.”481 Sections B and C discuss, respectively, the development of high-speed rail and funding provided by ARRA. Sections D and E summarize articles that address what is needed for the development of high-speed rail and the current level of reportedly insufficient funding. Statutes 588 B. Development of High-Speed Rail 588 The Secretary may award contracts and grants and establish related national programs for demonstrations to determine the contribution of high-speed rail to more efficient ground transportation systems482 and has a statutory obligation to “submit to Congress a study of the commercial feasibility” of high-speed ground transportation systems.483 C. Funding by the American Recovery and Reinvestment Act 589 In 2009, Congress enacted ARRA, which specifically provided $8 billion in funding for passenger rail capital projects with priority given to the development of intercity high-speed rail.484 478 The AAR’s members include most of the large and small freight railroads in the United States, Canada, and Mexico. 479 Association of American Railroads, Office Manual of the AAR Interchange Rules (2015). 480 Association of American Railroads, Field Manual of Interchange Rules (2015). 481 49 U.S.C. § 309(a) (2014). 482 49 U.S.C. §§ 309(b) and (c) (2014). 483 49 U.S.C. §§ 309(d) and (e) (2014). 484 111 Pub. L. No. 5, 123 Stat. 115 (2009); see 26 U.S.C. § 1 note (2014).

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TRB’s National Cooperative Rail Research Program (NCRRP) Legal Research Digest 2: Railroad Legal Issues and Resources presents legal issues of importance that attorneys may encounter when representing both freight and passenger railroad owners, and operators involved in railroad-related transactions. Issues explored in the report range from abandonment and discontinuance to constitutional law, construction, contracts, interaction with regulatory agencies, safety, retirement, and numerous other subjects.

The electronic version of the digest includes more than 700 pages of case law presenting detailed summaries of statutes, regulations, cases, and relevant articles as a fundamental resource for use in understanding the background and broad ramifications of railroad-related law reflected in each category. To access the case law, click the Roman numeral headings, which are linked to the legal topics. A search for the legal topic will also result in finding it. The printed digest includes an annotated index of the case law and a bound-in CD-ROM with the case law reference materials.

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