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CHAPTER 4 Content of Shared-Use Access and Operating Agreements 4.1 Introduction This section discusses the content of typical shared-use agreements between host and ten- ant railroads sharing a rail corridor. In many cases, the agreements must recognize the roles of all parties involved in providing passenger rail service over a rail corridor, such as Amtrak in the case of an intercity service or a train operations contractor in the case of a commuter service. This section is written from the perspective of a passenger rail agency implementing and developing an Amtrak intercity or commuter passenger rail service, but in most cases not planning to directly manage train operations. Passenger rail agencies must enter into multiple agreements with different parties to establish a service, and those parties often must enter into agreements with each other. Specifically this section covers shared-use agreements from the point of view of a state or regional passenger rail agency, such as the NNEPRA responsible for the Downeaster service, the California Joint Powers Authorities (JPAs) responsible for the Caltrain commuter service and the Capitol Corridor Amtrak services, or METRA commuter rail services in Chicago. Generally roles and responsibilities for an Amtrak-operated intercity service differ from those for a commuter rail ser- vice, thus separate discussions are provided. Also included are the roles of federal government agen- cies such as the FRA and the STB with regard to negotiations and agreements, not including detailed requirements for financial grant or loan applications to the FRA or the FTA. Section 4.2 discusses the overall framework of organizations and relationships needed to implement and operate a passenger rail service and some general points regarding the roles and responsibilities of the different parties. Section 4.3 discusses specific details for Amtrak intercity service, including the roles and responsibilities of Amtrak, the host railroad(s), and the passenger rail agency. This subsection also includes: Definition of what services are to be provided by each party, especially including Amtrak's responsibilities, and charges for each service. Agreement contents relating to capacity improvements and track upgrades on the corridor to accommodate the planned passenger rail service. Agreement contents relating to service-specific performance (journey times, OTP), including incentives and penalties. Section 4.4 discusses specific details for commuter rail services, including the roles of the com- muter rail agency, the host railroads, and O&M contractors. This subsection includes: Definitions of what services are to be provided by each party, including their relationships with each other as well as with the commuter rail agency. 52