APPENDIX E-REVENUES AND VARIABLE EXPENSES OF TRAINS NOS. 1 AND 2

Mileage Los Angeles-El Paso is 73 percent of mileage El Paso-New Orleans in col. 1.

a Included in "Other transportation."

• Not allowed.

$ 40 percent of col. (2) of JVL-7 (revised). Weighted in favor of Southern Pacific due to higher terminal costs at Los Angeles.

APPENDIX F

PROPOSAL FOR NATIONAL RAIL PASSENGER SYSTEM

(a) Section 1(18) of Part I of the Interstate Commerce Act is amended by adding at the end thereof the following:

"(d) The Commission is hereby authorized and directed, in cooperation with the Department of Transportation, to investigate the operations and services of all passenger-carrying railroads subject to this part, and, after hearing, to determine what existing rail passenger service is necessary to preserve a rail passenger system adequate to meet the present and prospective needs of the national defense, the Postal Service, and the commerce of the United States. The system so determined shall be designated the National Rail Passenger System. In making its determination, the Commission shall consider:

(a) the minimum amount of railroad passenger service required to form the nucleus of a national rail passenger network between major centers of population;

(b) the extent to which particular trains or ferries are patronized; (c) such cost data related to passenger service as the Commission may find useful and appropriate;

(d) whether a particular rail passenger operation may serve a more important function than a competitive rail passenger service;

(e) the extent to which particular trains or ferries of different carriers may be operated more economically and efficiently through the common use of tracks and terminal facilities, or under common control;

(f) the expected growth and development of localities served by existing rail passenger service; and

(g) all other factors that the Commission may find useful and appropriate.

The determination that particular trains shall be a part of the National Rail Passenger System may be made without regard to any burden on interstate commerce or to any burden on the carrier or carriers performing such service. The Commission's determination shall be final. From time to time the Commission on its own motion, or at the request of the Department of Transportation, of a passenger carrier subject to this part, or of a State instrumentality thereof or political subdivision thereof, may in its discretion consider and adopt appropriate revisions in the composition of the National Rail Passenger System.

"(6) Any carrier or carriers subject to this part may file with the Commission a comprehensive plan, in the form of an application proposing the discontinuance, change, or restructuring of all or a substantial part of its scheduled passenger services. Not more than two weeks after the filing of such application, the carrier or carriers shall cause notice thereof to be given to and a copy of the application filed with the Governor of each State in which such passenger service is operated, and, commencing not more than two weeks after the filing of such application, shall publish notice of such once a week for three consecutive weeks in some newspaper of general circulation in each county in which such passenger train or ferry service is operated. The Commission shall consider such plan, and approve or deny the application in whole or in part, consistent with the public interest. The approval of the Commission may be made subject to such terms and conditions and such modifications as it shall find to be just and reasonable. Upon approval by the Commission of any such plan filed in accordance with this paragraph, the carrier may implement such approved modifications of its service, notwithstanding any provision of the constitution or statutes of any State or any regulation or order of any court or administrative or regulatory agency of any State to the contrary.

"(7) Any State, instrumentality thereof, political subdivision thereof, or any person adversely affected by an order of the Commission entered after hearing pursuant to paragraph (6) may bring suit to obtain judicial review thereof under the provisions of section 1336, 1398, 2284 and 2321 through 2325 of the Judicial Code, 28 U.S.C. 1336, 1398, 2284, and 2321-2325."