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F. Coaches

1. All coaches shall have restroom facilities and drinking water available.

2. Leg rests, reclining seats, and clean pillows shall be provided in all coaches on all trains having a journey of at least 4 hours during the time period from 10 p.m. to 8 a.m. Blankets shall be available during the winter months.

3. Coaches, including restrooms, shall be sanitary, water tight, and free of debris and objectionable odors.

G. Allocation of space for nonsmokers

1. A portion of coach space on each train shall be allocated to the seating of nonsmokers.

2. A portion of dome-car space on trains with dome cars shall be allocated to the seating of nonsmokers.

3. A portion of dining-car space on trains with dining cars shall be allocated to the seating of nonsmokers.

4. A portion of parlor-car space on trains with parlor cars shall be allocated to the seating of nonsmokers.

APPENDIX C

Final Regulations

SECTION 1124 REGULATIONS GOVERNING THE ADEQUACY OF INTERCITY
RAILROAD PASSENGER SERVICE

DEFINITIONS, APPLICABILITY, AND EXEMPTIONS

1124.1 (Regulation 1) Definitions.

a. "Amtrak" means the National Railroad Passenger Corporation.

b. "Train" means an intercity passenger train subject to these regulations and to the Rail Passenger Service Act of 1970 (RPSA).

c. "Amtrak train" means an intercity passenger train operated by Amtrak. d. "Non-Amtrak train" means an intercity passenger train operated other than Amtrak.

e. "Station" means any point at which passengers may board or leave a passenger train and the facilities, such as buildings and platforms, associated therewith. Stations not listed as regularly scheduled stops, but at which trains will stop to entrain or detrain passengers only on signal or advance notice are referred to as "flag stops.” f. "Carrier" means Amtrak and any common carrier by railroad which provides intercity rail passenger service on its own behalf or by contract for Amtrak.

g. "Passenger" means anyone not including working crew members, who travels on a train the service of which is governed by these regulations.

h. "Customer" means any passenger who pays: (1) full fare, (2) a reduced fare where such fare has been traditionally provided for by law, as in the case of the reduced fares for the blind; or (3) an incentive fare, when such fare has been traditionally used in the travel industry to increase ridership in periods of low demand, such as midweek fares. For the purposes of these regulations it excludes passengers whose fare status is on a conditional (space-available) basis, such as standby and pass riders. For the purpose of the regulations regarding reservations the term "customer" includes the delegate of

the customer.

i. "RPSA" means Railroad Passenger Service Act of 1970, as amended.

APPENDIX C

Final Regulations

PART 1124 REGULATIONS GOVERNING THE ADEQUACY OF INTERCITY
RAILROAD PASSENGER SERVICE

DEFINITIONS, APPLICABILITY, AND EXEMPTIONS

1124.1 (Regulation 1) Definitions.

a. "Amtrak" means the National Railroad Passenger Corporation.

b. "Train" means an intercity passenger train subject to these regulations and to the Rail Passenger Service Act of 1970 (RPSA).

c. "Amtrak train" means an intercity passenger train operated by or for Amtrak. d. “Non-Amtrak train" means an intercity passenger train operated other than by or for Amtrak.

e. "Station" means any point at which passengers may board or leave a passenger train and the facilities, such as buildings and platforms, associated therewith. Stations not listed as regularly scheduled stops, but at which trains will stop to entrain or detrain passengers only on signal or advance notice are referred to as "flag stops." f. "Carrier" means Amtrak and any common carrier by railroad which provides intercity rail passenger service on its own behalf or by contract for Amtrak. g. "Passenger" means anyone, except working crew members, who travels on a train the service of which is governed by these regulations.

h. "Customer" means any passenger who pays: (1) full fare, (2) a reduced fare where such fare has been traditionally provided for by law, as in the case of the reduced fares for the blind; or (3) an incentive fare, when such fare has been traditionally used in the travel industry to increase ridership in periods of low demand, such as midweek fares. For the purposes of these regulations it excludes passengers whose fare status is on a conditional (space-available) basis, such as standby and pass riders. For the purpose of the regulations regarding reservations the term "customer" includes the representative of the customer.

i. "RPSA" means Railroad Passenger Service Act of 1970, as amended.

1124.2 (Regulation 2) Regulations regarding applicability, exemptions, and effective date.

a. These regulations are binding on Amtrak and any carrier or agency providing intercity rail passenger service. Every carrier or other agency providing intercity passenger train service under agreement with Amtrak pursuant to the RPSA is bound, individually and jointly with Amtrak by these regulations, except to the extent that Amtrak or such other carrier or agency has control over the provision of the services, facilities or functions covered by these regulations, in which event sole responsibility for compliance with these regulations will be with the one controlling the service. b. All intercity passenger trains, Amtrak and non-Amtrak are subject to these regulations, unless specifically exempted as provided for in these regulations. c. Charter and excursion trains (whether operated by private parties or by a carrier), trains operated by tour companies for tour members rather than for the general public, and regularly scheduled intercity passenger trains operated by carriers whose aggregate regularly scheduled intercity passenger train-miles do not exceed 500 miles in any calendar day are hereby exempted from all the regulations except those pertaining to health and safety.

d. Exemption may be obtained from all these regulations for reasonable periods of time, as to carriers, specific stations, and regularly scheduled intercity passenger trains for good cause shown upon petition to the Commission. Before any such petition for general exemption shall be considered, the carrier shall give notice to the Governor of each affected State (by mail) and to the public (by posting in every station, depot or other facility served by the train, trains, or carrier, as the case may be), at least 30 days in advance of the proposed action, unless, for good cause stated in the petition, the period should be shorter. The carrier shall certify to the Commission that the said notice has been given. Representations of the petitioning carrier and protestants will be considered before decision is reached on exemption.

e. These regulations are promulgated as an aid to the rail passenger and shall not be so construed as to subject a passenger to a civil penalty for failure to comply herewith. f. Except where otherwise noted, these regulations shall take effect on April 1, 1974.

Reservations

1124.3 (Regulation 3) Reservations-General.

a. A nationwide reservation and information system which includes all carriers providing intercity rail passenger service shall be readily available at any time of day or night to anyone located in the continental United States for the reservation of space on trains and for the dissemination of general train information. Each carrier may have its own reservation system provided it can be coordinated with the national system.

b. The carriers shall provide the type of accommodations on the train and departure date confirmed to the customer and for which the customer paid.

c. If a carrier cannot supply a customer with the type of accommodations on the train and departure date it confirmed to the customer and for which the customer paid, it shall fulfill its obligation under this regulation if it:

(1) tenders to the customer without additional charge accommodations of a better type on the "confirmed" train and departure date or on a train scheduled to arrive within 4 hours of the "confirmed" train; or

(2) tenders to the customer without additional charge accommodations of equal or better type on the next available train and provides food and shelter for the customer during the interim; or

(3) employs other fair and reasonable means of relief to the customer, and the customer is satisfied with the relief given.

d. All revenue sleeping-car and parlor-car space shall be available for specific assignment, and all carriers shall make provision for its advance reservation by

customers.

e. Sufficient revenue seats in coaches shall be made available to meet the normal demands of customers requesting reservations, and all carriers shall make provision for advance reservation of coach-seat space by customers.

(1) The provisions of this subsection does not preclude, when warranted by the public demand, the operation of unreserved coach-seat trains in addition to “reservedspace" trains on routes capable of sustaining more than one train daily in each direction, provided that no more than 50 percent of the trains on any given route are unreserved coach-seat trains.

(2) The provisions of this subsection does not preclude, when warranted by the public demand, the operation of unreserved coach-seat cars on "reserved-space" trains in addition to reserved coach and other reserved cars.

1124.4 (Regulation 4) Reservation-making process.

a. Upon receiving telephonic request for a reservation, the carrier shall determine space availability and shall inform the prospective customer of its findings promptly, or, if necessary to call back the prospective customer with such findings, to do so within an hour. For the purposes of these regulations, "telephonic" communications shall be considered to embrace teletype communications.

b. If the prospective customer accepts the space the carrier has available, the carrier shall reserve such space in the customer's name and state to the customer the terms and conditions under which the reservation will be held.

c. The terms and conditions under which reservations will be held must be just and reasonable under the circumstances.

(1) Under ordinary circumstances, it shall be deemed just and reasonable that reservations, once made, shall be held by the carrier for the customer at least until 30 minutes prior to the scheduled departure of the train from the customer's boarding point without requiring the customer to prepay the tickets.

(2) Under extraordinary circumstances, such as in holiday periods, carriers need not follow the 30-minute rule of regulation 4c(1). However, alternate terms and conditions, to be considered just and reasonable, (A) must permit the holding of reservations for a sufficient period of time to enable a customer to pay for and thereby confirm the reservations, and (B) shall be filed with the Commission immediately upon implementation together with supporting statements, and be subject to modification from time to time upon order of the Commission.

1124.5 (Regulation 5) Confirming a reservation.

a. Upon receipt of a customer's payment for tickets in full, through major credit card or cash, the reservation shall be confirmed by the carrier by telephone or, upon reasonable request in writing, and shall be held for the customer at least until 30 minutes prior to the scheduled departure of the train from the customer's boarding point, unless canceled by the customer.

(1) Payment by means other than major credit card or cash may be accepted at the option of the carrier.

(2) The carrier shall impose no penalty upon a holder of a confirmed (paid) reservation who does not use and who fails to cancel a reservation, but the carrier may retain a service charge not in excess of 5 percent of the ticket price for failure to cancel such reservation.

b. A customer who has paid for his tickets may request that confirmed space be held for an extended period of time. In such event, the carrier shall hold the space for the time requested unless canceled by the customer.

(1) If the customer cancels such reservation at least 30 minutes prior to departure, no penalty or service charge shall be imposed.

(2) If the customer, after requesting the carrier to hold his ticket for an extended period as described in regulation 5b above, thereafter fails to cancel such reservation at least 30 minutes prior to departure, the carrier must refund the ticket price but may retain a service charge in an amount not exceeding 20 percent of the ticket price or the difference between the fare assessed the original customer and that which would be accessed a standby user, whichever is less. No service charge in excess of 5 percent

of the ticket price can be imposed if the space held for the original customer is entirely resold at the price quoted the original customer, or if the carrier failed to hold the space for the customer.

c. At points where tickets are available only on the train, carriers shall consider reservations confirmed and shall hold them until the departure time of the train from the point where the customer was to board, unless the customer cancels the reservation.

Performance of trains

1124.6 (Regulation 6) Arrival and departure times.

a. Under normal circumstances, a train shall not depart from any passengerboarding station, except flag stops, earlier than its scheduled departure time. Where a customer misses the train because of carrier's failure to give adequate notice of a departure earlier than scheduled, the carrier shall, to the extent reasonably possible, mitigate inconvenience thereby caused the customer. This mitigation may take the form of providing food and shelter until the customer is boarded on the next available train or providing other reasonable means of transportation.

b. Insofar as the scheduling and operation of any train is within a carrier's control, and where safe operation permits, the train shall arrive at its final terminus no later than 5 minutes after scheduled arrival time per 100 miles of operation, or 30 minutes after scheduled arrival time, whichever is the less.

c. If a train arrives late at any scheduled destination by an amount of time greater than the permissible allowances set forth in subsection b, where safe operation would have permitted an earlier arrival, the delivering carrier and Amtrak, jointly and severally, shall be obligated to mitigate, to the extent reasonable possible, the inconvenience to customers whose travel plans are disrupted thereby. This mitigation may take the form of bridging a missed connection and providing food and shelter until such is accomplished, or other relief appropriate to the needs of and acceptable to, the customer; and the cost shall be borne by the carrier or carriers responsible for the delay.

1124.7 (Regulation 7) Expeditious service: Schedules shall be designed as to provide expeditious service.

a. In order to facilitate expeditious service, all intercity passenger trains without the benefit of an exception are to be accorded priority over freight trains except in emergencies or unless the Commission has issued an order to the contrary in accordance with subparagraph b.

b. Any railroad whose rights with regard to freight train operation are affected thereby may petition the Commission for an exemption to side-track intercity passenger trains other than those operated by or on behalf of Amtrak. Such petition may be granted upon a showing that non-exemption will materially lessen the quality of freight service provided to shippers, and subject to just and reasonable conditions, c. Schedules shall be designed so as to provide expeditious service, and in determining whether a schedule meets this requirement, consideration may be given (among other things) to the schedules of similar runs in prior timetables, and to any applicable Federal safety standards.

1124.8 (Regulation 8) Cancellation of scheduled trains—general.

Except for reason of health, or safety, or beyond the carriers' control, individual runs of scheduled trains shall not be canceled.

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