Application of the National Railroad Passenger Corporation Under 49 U.S.C. 24308(a)Union Pacific Railroad Company and Southern Pacific Transportation Company

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The Board is seeking comments from interested persons on the application of the National Railroad Passenger Corporation (Amtrak) under 49 U.S.C. 24308(a), formerly section 402(a) of the Rail Passenger Service Act (the Act), for an order determining under the law the nature and extent of the duty of the Union Pacific Railroad Company (UP) and its affiliate, Southern Pacific Transportation Company (SP) (collectively, UP/SP), to allow Amtrak to use UP/SP's tracks and facilities for the carriage of express. The Board is also ordering UP/ SP to continue to make its tracks and facilities available to Amtrak, as directed herein, while this proceeding is pending.