Bad Attitude Railroad Builder

Every high-speed rail project faces obstacles: financing, heavy ciriticism, legal challenges, or the lack of official recognition. The links below provide information on Federally designated rail corridors, and recent news articles on the issues confronting high-speed rail projects in the U.S.

The X Train

No matter whether official designation and funding exist or not, a strong concept is required to succeed. (Please see Docs & Links page)

An Example of Concept Criticism

We believe our dual-use concept to be one of the strongest. Politics, government shutdowns, technical failures, and a host of other obstacles have created problems that have stopped or slowed high-speed rail development in the U.S. for decades. The only certain guarantee to complete Nevada Intercity's construction is a stubborn-minded commitment to overcoming each and every obstacle to get the job done. If you share that commitment, claim your status as a B.A.R.B.--a Bad Attitude Railroad Builder, and purchase our brand logo t-shirt. The money raised will go toward paying related expenses and the Surface Transportation Board fee for the purpose shown below. It is the all-important first step.

49 USC, Chapt. 109, Sub. 10901-Licensing

§10901. Authorizing construction and operation of railroad lines

(a) A person may—

(1) construct an extension to any of its railroad lines;

(2) construct an additional railroad line;

(3) provide transportation over, or by means of, an extended or additional railroad line; or

(4) in the case of a person other than a rail carrier, acquire a railroad line or acquire or operate an extended or additional railroad line,

only if the Board issues a certificate authorizing such activity under subsection (c).

(b) A proceeding to grant authority under subsection (a) of this section begins when an application is filed. On receiving the application, the Board shall give reasonable public notice, including notice to the Governor of any affected State, of the beginning of such proceeding.

(c) The Board shall issue a certificate authorizing activities for which such authority is requested in an application filed under subsection (b) unless the Board finds that such activities are inconsistent with the public convenience and necessity. Such certificate may approve the application as filed, or with modifications, and may require compliance with conditions (other than labor protection conditions) the Board finds necessary in the public interest.

(d)(1) When a certificate has been issued by the Board under this section authorizing the construction or extension of a railroad line, no other rail carrier may block any construction or extension authorized by such certificate by refusing to permit the carrier to cross its property if—

(A) the construction does not unreasonably interfere with the operation of the crossed line;

(B) the operation does not materially interfere with the operation of the crossed line; and

(2) If the parties are unable to agree on the terms of operation or the amount of payment for purposes of paragraph (1) of this subsection, either party may submit the matters in dispute to the Board for determination. The Board shall make a determination under this paragraph within 120 days after the dispute is submitted for determination.

(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 822.)

Prior Provisions

A prior section 10901, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1402; Pub. L. 96–448, title II, §221, Oct. 14, 1980, 94 Stat. 1928, related to authorizing construction and operation of railroad lines, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

Effective Date

Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.

49 USC 10901

Type of proceeding	Fee
PART I: Non-Rail Applications or Proceedings to Enter Upon a Particular Financial Transaction or Joint Arrangement:
(1) An application for the pooling or division of traffic	$4,700.
(2)(i) An application involving the purchase, lease, consolidation, merger, or acquisition of control of a motor carrier of passengers under 49 U.S.C. 14303	$2,100.
(ii) A petition for exemption under 49 U.S.C. 13541 (other than a rulemaking) filed by a non-rail carrier not otherwise covered	$3,400.
(iii) A petition to revoke an exemption filed under 49 U.S.C. 13541(d)	$2,800.
(3) An application for approval of a non-rail rate association agreement. 49 U.S.C. 13703	$29,600.
(4) An application for approval of an amendment to a non-rail rate association agreement:
(i) Significant amendment	$4,900.
(ii) Minor amendment	$100.
(5) An application for temporary authority to operate a motor carrier of passengers. 49 U.S.C. 14303(i)	$500.
(6) A notice of exemption for transaction within a motor passenger corporate family that does not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with motor passenger carriers outside the corporate family	$1,800.
(7)-(10) [Reserved]
PART II: Rail Licensing Proceedings other than Abandonment or Discontinuance Proceedings:
(11)(i) An application for a certificate authorizing the extension, acquisition, or operation of lines of railroad. 49 U.S.C. 10901	$7,800.
(ii) Notice of exemption under 49 CFR 1150.31-1150.35	$1,900.
(iii) Petition for exemption under 49 U.S.C. 10502	$13,400.
(12)(i) An application involving the construction of a rail line	$80,000.
(ii) A notice of exemption involving construction of a rail line under 49 CFR 1150.36	$1,900.
(iii) A petition for exemption under 49 U.S.C. 10502 involving construction of a rail line	$80,000.
(iv) A request for determination of a dispute involving a rail construction that crosses the line of another carrier under 49 U.S.C. 10902(d)