Contracting Commuter Rail Services, Volume 1: Guidebook (2018)

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20 This chapter provides a description of the regulatory environment for commuter rail. In the United States, federal agencies within the U.S. Department of Transportation are responsible for regulating different aspects of passenger rail service. In Canada, the regulatory framework for rail involves federal and provincial agencies. Federal Agencies Responsible for Commuter Rail in the United States Three federal agencies within the U.S. Department of Transportation (U.S. DOT) are currently responsible for different aspects of passenger rail service in the United States: FRA, the Federal Transit Administration (FTA), and the Surface Transportation Board (STB). Federal Railroad Administration The mission of the Federal Railroad Administration is to enable the safe, reliable, and efficient movement of people and goods. FRA accomplishes this mission primarily through issuance, implementation, and enforcement of safety regulations; selective investment in rail corridors across the country; and research and technology development. FRA regulates 640 freight rail- roads, eight switching terminals, Amtrak intercity passenger rail service, the Alaska Railroad, and 28 commuter rail systems. FRA also provides oversight for tourist, scenic, excursion, and historic railroads in the United States (Federal Railroad Administration 2015). The primary role of FRA is to enforce rail safety regulations. The U.S. Congress authorized FRA to exercise safety jurisdiction over all railroad operations through the Federal Railroad Safety Act of 1970 (49 U.S.C. §20109), with further clarification of FRA’s jurisdiction in the 1982 and 1988 amendments to that act. U.S. Federal Railroad Safety Enforcement Procedures are codified as 49 CFR 209. The primary determinant that triggers FRA’s regulatory jurisdiction is whether the railroad operations are part of, or connected to, the general railroad system. The general railroad system refers to the network of standard- gage track over which goods may be transported throughout the nation and passengers may travel between cities and within metropolitan and suburban areas. Much of this network is interconnected so a rail vehicle can travel across the nation without leaving the system [49 CFR Appendix A to Part 209 (2014)]. Even if a portion of a rail network lacks a physical connection, FRA may determine that a portion of the rail network is still part of the general railroad sys- tem by virtue of the nature of operations and thus will be subject to FRA’s regulatory jurisdiction [49 CFR Appendix A to Part 209 (2014)]. C H A P T E R 3 Regulatory Environment for Commuter Rail

Regulatory Environment for Commuter Rail 21 The types of railroad operations that trigger FRA regulatory jurisdiction, regardless of a connection to the general system, include • The movement of freight cars in trains outside the confines of an industrial installation. • The movement of intercity passenger trains. • The movement of commuter trains within a metropolitan or suburban area. An exception is PATH, which is a heavy-rail urban transit system, considered a part of the commuter rail family because PATH is subject to oversight by FRA for safety of rail operations. All PATH employees are subject to the RRTA and RUIA, as are private railroads that operate commuter rail service. FRA exercises jurisdictional authority over all commuter rail operations. A commuter rail system’s connection to other railroads is not relevant under the rail safety statutes because FRA considers commuter rail part of the general railroad system regardless of such connections. FRA presumes that an operation is a commuter railroad if there is a statutory determination that Congress considers a particular service to be commuter rail (i.e., defined as such in the NRSA, in which Congress listed specific commuter authorities) or if the operation has the following characteristics: • The system serves an urban area, its suburbs, and more distant outlying communities in the greater metropolitan area. • The system’s primary function is moving passengers back and forth between their places of employment in the city and their homes within the greater metropolitan area, and moving passengers from station to station within the immediate urban area is, at most, an incidental function. • The vast majority of the system’s trains operate in the morning and evening peak periods with few trains at other hours [49 CFR Appendix A to Part 209 (2014)]. FRA’s safety jurisdiction includes high-speed ground transportation systems that connect metropolitan areas, regardless of whether they use new technologies not generally associated with traditional railroads, and excludes urban rapid transit operations. Two FRA divisions have a scope of responsibility specific to commuter rail: • FRA’s Office of Railroad Safety regulates safety throughout the nation’s railroad industry. The office has staff assigned to 14 divisions that serve as technical experts on matters of rail- road safety, provide technical assistance to field personnel, and aid in the development of regulations and the evaluation of waivers submitted. • FRA’s Passenger Rail Division provides technical expertise and direction in the development and implementation of rail safety programs applicable to commuter and passenger railroads. The Passenger Rail Division also provides advice and oversight in the following areas: system safety; passenger train emergency preparedness; shared use; new start commuter and passen- ger railroads; procurement of rolling stock; high-speed rail; and tourist, scenic, excursion, and historic railroads. The division provides technical support to regional staff about enforcement matters affecting commuter and passenger railroads. Recent national legislation that addresses the regulatory role and responsibilities of FRA includes the following acts. • Passenger Rail Investment and Improvement Act of 2008 (PRIIA). The PRIIA reautho- rized the National Railroad Passenger Corporation (Amtrak) and strengthened the U.S. passenger rail network by tasking Amtrak, U.S. DOT, FRA, states, and other stakeholders to improve service, operations, and facilities. The PRIIA focuses on intercity passenger rail,

22 Contracting Commuter Rail Services, Volume 1: Guidebook including Amtrak’s long-distance routes and the Northeast Corridor, state-sponsored cor- ridors throughout the nation, and the development of high-speed rail corridors. • Rail Safety Improvement Act of 2008 (RSIA). In response to several fatal rail accidents between 2002 and 2008, Congress passed the RSIA. The RSIA directs FRA to promulgate new and/or revised safety regulations, along with other tasks. These new regulations govern various areas related to railroad safety, including amended hours-of-service requirements for railroad workers, positive train control implementation, enhanced standards for track inspections, certification of conductors, and a greater emphasis on safety at highway–rail grade crossings. Federal Transit Administration The Federal Transit Administration is an agency within the U.S. DOT that provides financial and technical assistance to local public transportation systems. Public transportation includes buses, subways, light rail, commuter rail, monorail, passenger ferryboats, trolleys, inclined rail- ways, and people movers. The federal government, through FTA, provides financial assistance to develop new transit systems and improve, maintain, and operate existing systems. FTA oversees grants to state and local transit providers, primarily through its 10 regional offices. These grant- ees are responsible for managing their programs in accordance with federal requirements, and FTA is responsible for ensuring that grantees follow federal mandates along with statutory and administrative requirements (Federal Transit Administration 2015). FTA’s primary role is to provide financial and technical assistance to states and local public transportation agencies to develop new transit systems and improve, maintain, and operate existing systems. FTA provides federal funding for passenger rail through a variety of grants made to state and local transit providers (grantees). The state and local transit providers are responsible for managing their public transportation programs in accordance with federal requirements. FTA, which finances a significant portion of the capital expenditure for transit systems nationwide, is responsible for ensuring that grantees follow federal mandates along with statutory and administrative requirements. In 2016, transit systems in the United States reported expending $19.7 billion in capital funds, of which $8 billion or 41% were federal funds. FTA made approximately $7 billion of the federal funds available. Under the federal transportation authorization bills, Moving Ahead for Progress in the 21st Century Act (MAP-21) and Fixing America’s Surface Transportation (FAST) Act, FTA is responsible for ensuring compliance with the following: • Safety performance standards for transit vehicles not regulated by any other federal agency. • Safety certification training program that applies to transit grantees regardless of mode. The program is required for all personnel who conduct audits and employees of agencies respon- sible for safety oversight. • Transit agency safety plans for all FTA grant recipients. At a minimum, these plans must include strategies for identifying risks and minimizing exposure to hazards, an adequately trained safety officer to report directly to the general manager or equivalent, performance targets based on the safety performance criteria above, and a training program for staff. • A State Safety Oversight (SSO) program for each state with rail systems not FRA regulated. The expanded regulatory authority for FTA regarding safety oversight of public transporta- tion does not include passenger rail services that are explicitly under the regulatory authority of FRA (Federal Transit Administration 2014) [49 U.S.C. Section 5329, MAP-21 §20021 (2014)]. On March 16, 2016, FTA published the SSO Program’s final rule to increase oversight respon- sibilities of State Safety Oversight Agencies (SSOAs) for rail transit systems. Reflecting the new statutory safety authority established by MAP-21, the SSO rule replaces existing regulations and significantly strengthens an SSOA’s authority to prevent and mitigate accidents and incidents on

Regulatory Environment for Commuter Rail 23 rail transit systems to help ensure the safety of riders and workers. Each SSOA is now required to have the enforcement authority, legal and financial independence from the agencies it oversees, and human resources necessary for overseeing the number, size, and complexity of the rail tran- sit agencies within its jurisdiction. In addition, SSOAs must train and certify personnel respon- sible for performing safety oversight activities and will continue to conduct triennial audits of the safety programs established by each rail transit system. On August 11, 2016, FTA published a final rule for the Public Transportation Safety Pro- gram that creates an overall framework for FTA to monitor, oversee, and enforce safety in the public transit industry. FTA authority is based on the principles and practices of Safety Management Systems (SMS) that focus on organizationwide safety policy and accountability, proactive hazard identification, and risk-based decision-making. The final rule became effec- tive September 12, 2016. The final rule implements FTA’s authority to conduct inspections, audits, and examinations—including testing of equipment, facilities, and rolling stock—and the authority to take appropriate enforcement actions, including directing the use or with- holding of federal funds and issuing directives and advisories. The rule establishes SMS as the foundation for FTA’s safety program and describes the contents of a National Public Transportation Safety Plan. The National Public Transportation Safety Plan includes safety performance criteria for all modes of public transportation, minimum safety performance standards for transit vehicles used in revenue operations, the definition of state of good repair, a Safety Certification Training Program, and other content determined by FTA. Surface Transportation Board The primary role of the Surface Transportation Board is to provide economic oversight of the nation’s rail system. The STB, which is bipartisan and independent, has regulatory jurisdiction over the following areas: • Railroad rate reasonableness • Mergers • Line acquisitions • New rail–line construction • Abandonments of existing rail lines • Conversion of rail rights-of-way into hiking and biking trails (Elliott et al. 2013) While the majority of STB’s jurisdiction revolves around freight rail, STB does have certain over- sight for passenger rail operations and the intercity bus industry. One area of oversight that STB exercises pertains to on-time performance. Section 207 of the PRIIA provides both FRA and STB with increased powers and responsibilities in the area of performance monitoring. STB, along with FRA and Amtrak, is tasked with developing performance measures for intercity passenger rail ser- vice. Additionally, Section 213 of the PRIIA states that STB may investigate service quality on any corridor where on-time performance is in violation of those established performance standards (Bing et al. 2010). In addition to oversight regarding on-time performance, Section 401 of the PRIIA empowers STB to conduct non-binding mediation if a commuter rail agency and host railroad cannot reach agreement about access terms on their own (Bing et al. 2010). STB has no regulatory jurisdiction or responsibility regarding safety of passenger rail operation in the United States. Regulatory Environment in the United States Topics of interest for the regulatory environment for commuter rail in the United States include coordination of FRA and FTA programs, positive train control (PTC) implementa- tion, hours-of-service requirements for railroad workers, the Railroad Retirement system,

24 Contracting Commuter Rail Services, Volume 1: Guidebook requirements for passenger and commuter vehicles, liability protections against potential risks, and oversight of food service and sanitation procedures on commuter rail service. Coordination of Federal Railroad Administration and Federal Transit Administration Programs Any public agency that receives funds from FTA is subject to that agency’s federal require- ments for managing and operating the transit system, including reports to the FTA National Transit Database. If an agency provides commuter rail services, that agency must also meet FRA regulations, including reports to the Rail Accident/Incident Reporting System. FRA and FTA have developed a policy concerning safety issues related to light-rail transit operations that share use of the general railroad system track with conventional trains. The joint policy acknowledges that the shared use of conventional rail lines, which falls within FRA’s broad safety jurisdiction, poses significant safety issues. Additionally, FTA provides a substantial share of the funding for many of these passenger operations, some of which straddle the jurisdictional line between FRA’s and FTA’s statutory safety authority. To ensure that FRA and FTA exercise jurisdiction over these shared use operations in a com- plementary way, the two agencies jointly developed a policy concerning safety issues and regula- tory jurisdiction related to passenger rail operations that share use of the general railroad system with conventional trains (Federal Railroad Administration July 10, 2000). The joint policy states that FTA’s rules on rail fixed-guideway systems apply to any urban rapid transit systems that are not subject to FRA’s rules. On urban rapid transit systems that are connected to the general railroad system, such that they trigger FRA’s exercise of jurisdiction, only the portions of the rapid transit system that are connected to the general railroad system will be subject to FRA’s regulations [49 CFR Appendix A to Part 209 (2014)]. Between 1991 and 2001, commuter railroads receiving funding from FTA reported summary accident data to FTA through the NTD and detailed accident/incident reports to FRA through the Rail Accident/Incident Reporting System as required in 49 CFR Part 225. However, when significant revisions were made to the NTD in 2001 that placed an additional burden on safety reporters, the U.S. DOT determined that commuter railroads no longer needed to report safety data to FTA since they were already required by federal law to file detailed accident and incident reports with FRA. In support of this change, FRA agreed to share its commuter rail safety data with FTA for analysis. Commuter rail operators report only security events (including suicides, attempted suicides, security-related evacuations, assaults, and so on) to the NTD and do not submit monthly safety reports. Commuter rail operators report safety events to FRA. Positive Train Control Implementation PTC systems are integrated command, control, communications, and information systems designed to prevent train accidents by automatically controlling train movements. PTC sys- tems can improve railroad safety by significantly reducing the probability of collisions between trains, casualties to roadway workers, damage to equipment, and over-speed accidents. The Rail Safety Improvement Act of 2008 (49 CFR Part 236, Subpart I—Positive Train Control Systems) mandated that certain railroads implement PTC by December 31, 2015. PTC is included in the mandate and is required on any railroad’s main lines over which regularly scheduled passenger intercity or commuter operations are conducted. According to FRA, 40 railroads are required to implement PTC on over 68,000 miles of track nationwide. However, a 2010 report from the U.S. Government Accountability Office (GAO) found that publicly funded commuter railroads may have difficulties in covering the $2 billion

Regulatory Environment for Commuter Rail 25 that PTC is estimated to cost them. The report stated that delays in meeting the 2015 deadline could occur if funding is not available or that agencies may have to divert funding from other critical areas, such as maintenance (U.S. Government Accountability Office 2010, U.S. Congress 2008). The Surface Transportation Extension Act of 2015 extended the deadline for Class I railroads and entities providing regularly scheduled intercity or commuter rail passenger transportation to submit a plan for implementing PTC by 3 years, from December 31, 2015, to December 31, 2018. The act also provides for an additional 2 years at the discretion of the Secretary of the Department of Transportation based on good faith efforts and circumstances that may be beyond a railroad’s control (Surface Transportation Extension Act of 2015, Pub. L. 114-73, October 29, 2015). The FAST Act includes $199 million to assist in financing installation of PTC (FAST Act of 2015, Pub. L. 114-94, December 4, 2015). Hours-of-Service Requirements for Railroad Workers The RSIA gave FRA the authority to establish hours-of-service limitations for train employees providing commuter and intercity rail passenger transportation services. In 2011, FRA published its final rule providing new limitations, based on the limits in the original Hours of Service Law. The regulation also adds a requirement to analyze employee work schedules by using fatigue modeling tools and distinguishes between work done during daylight hours and work done during nighttime hours. In addition to the above requirements provided in the RSIA, 49 CFR §209.301 Subpart D provides details about disqualification procedures of railroad employees (including managers and supervisors) and agents of railroads who demonstrate that they are unfit to perform safety-sensitive functions by violating any FRA safety rules or regulations. Railroad Retirement System In the 1930s, Congress established a national railroad retirement system, separate from the Social Security Act of 1935. This system is administered by the Railroad Retirement Board, which is an independent federal agency charged with providing benefits to eligible employees of the railroad industry and their families. Under the railroad retirement system, service was credited back to 1936 and rail workers received a somewhat higher benefit than they would have under Social Security. Additional legislation passed in 1974 restructured railroad retirement benefits into two tiers to coordinate them more fully with Social Security benefits. The first tier is based on combined railroad retirement and Social Security credits, using Social Security benefit formulas. The second tier is based on railroad service only and is comparable to the pensions paid over and above Social Security benefits in other heavy industries. A companion bill, the RUIA, provides unemployment benefits for qualified railroad employ- ees. The RUIA is designed to restore part of an individual’s wage loss arising from unemploy- ment or sickness (including maternity). Payments are made for days of unemployment or sickness in a benefit year. Passenger Vehicle Requirements FRA has stringent requirements for passenger and commuter vehicles. The safety regulations that FRA has developed constrain the concurrent and comingled use of different vehicle types on the general railroad system (Fazio et al. 2011). For example, diesel multiple unit (DMU) cars have gained popularity especially in passenger service on more lightly used intercity routes that would not be economical to operate using more conventional locomotive-hauled trains. How- ever, some European DMU cars introduced into commuter rail services in the United States did not meet FRA standards for weight and buff strength for crashworthiness. For example,

26 Contracting Commuter Rail Services, Volume 1: Guidebook MetroRail in Austin, Texas, features DMU equipment that is not FRA compliant. If a com- muter rail system uses a non-compliant rail vehicle, FRA is likely to require separation of light and heavy vehicles either by time (day versus night) or space (light vehicles may only operate in an area where no heavy vehicles will operate). The majority of the passenger rail projects in operation or proposed to operate in conjunction with freight traffic are on rails owned by a party besides the transit agency. The disruption to normal services required to meet FRA require- ments may make it difficult for the railroad and transit agency to operate successfully together. Recently, vehicle manufacturers have developed an FRA-compliant DMU for agencies wishing to use this approach for rolling stock. This type of vehicle is in service on the new Airport Line in the GO Transit system in Toronto, Ontario, and the new SMART commuter rail in Sonoma and Marin counties in Northern California. Liability and Indemnity Provisions Sharing rights-of-way can lead to risks for both commuter and freight rail, including accidents and financial risk. In many cases, freight railroads seek liability protections against potential risks in exchange for access to the right-of-way. Liability and indemnity are key issues to be consid- ered when negotiating these agreements. Three publications provide significant guidance for the liability and indemnity provisions in contracting commuter rail service: • U.S. Government Accountability Office. (2009). COMMUTER RAIL: Many Factors Influence Liability and Indemnity Provisions, and Options Exist to Facilitate Negotiations. Report GAO- 09-282. U.S. Government Accountability Office, Washington, D.C. • Bing, A. J., E. W. Beshers, M. Chavez, D. P. Simpson, E. S. “Bruce” Horowitz, and W. E. Zullig, Jr. (2010). NCHRP Report 657: Guidebook for Implementing Passenger Rail Service on Shared Passenger and Freight Corridors. Transportation Research Board, Washington, D.C. • Spitulnik, C. A., A. I. Fultz, and C.I. Alexander. (2016). NCRRP Legal Digest 3: Issues that Emerge When Public Entities Acquire a Real Property Interest in Rail Lines. Transportation Research Board, Washington, D.C. GAO provides definitions of liability and indemnity in the context of contracting for com- muter rail (U.S. Government Accountability Office 2009). According to GAO, liability is the legal obligation to pay claims that arise from damages to property or injury to passengers. GAO defines indemnity as a provision in the contract that allocates financial responsibility. An indemnity pro- vision often involves one party agreeing to protect another party against loss or damages it may sustain under the contract. In 1997, Congress enacted the Amtrak Reform Accountability Act limiting overall damages from passenger claims to $200 million and authorizing passenger rail providers to enter into indemnification agreements (Bing et al. 2010, U.S. Government Account- ability Office 2009). Bing et al. and GAO explained that in addition to federal regulations and oversight, state laws could influence the negotiation of indemnity and liability provisions. In some states, there are laws restricting public agencies, such as commuter rail agencies, from indemnifying a private party. Additionally, statutes prohibiting Amtrak from cross-subsidizing commuter rail or freight rail in the Northeast Corridor limit Amtrak’s ability to assume addi- tional liability for those parties (Bing et al. 2010, U.S. Government Accountability Office 2009). In commuter rail, GAO explained that liability and indemnity agreements between freight and commuter rail agencies are primarily no-fault agreements. For example, depending on the agree- ment, a commuter rail agency or freight railroad could be held responsible for claims associated with accidents caused by the other party. No-fault agreements are considered to be the industry standard and allow agencies to avoid costly litigation to determine fault in the event of an accident (U.S. Government Accountability Office 2009). Bing et al. and GAO found that several factors influence the negotiation of liability and indemnity provisions in contracts between passenger and freight railroads. These factors can include the freight railroads’ business perspective, financial health, level of awareness or concern about liability, and views on sufficient amounts of insurance.

Regulatory Environment for Commuter Rail 27 Overall, liability and indemnity agreements in contracts between commuter and freight railroads differ from agency to agency. GAO found that, in general, the liability and indemnity provi- sions in agreements differ, but commuter rail agencies tend to assume most of the financial risk involved for commuter operations (U.S. Government Accountability Office 2009). Regulatory Environment Related to Food Service and Sanitation Procedures Multiple agencies at the federal and state level may have oversight of food service and sanita- tion procedures on commuter rail service. Factors that determine jurisdiction include the scope of service, whether service is intrastate or interstate, and the particular contracting arrangement involved. In general, the Food and Drug Administration regulates providers of food service on interstate rail services, while state departments of health govern intrastate rail services. The Environmental Protection Agency regulates waste disposal in general, which is also subject to FRA requirements. State departments of environment or ecology may impose requirements. While standardized industry procedures establish the safe handling of food and human waste, regulatory authority over commuter rail operators depends on the operating characteristics of the particular service. Regulatory Environment in Canada Canadian passenger railways include intercity rail operators, urban rail transit, and heritage railways. VIA Rail Canada (a Crown corporation established in 1977) is Canada’s dominant intercity rail passenger service operator. VIA Rail Canada is also a Class I railway and operates rail services mainly over CN and CP track. Cross-border passenger rail connections are possible in Vancouver through Amtrak’s Cascades service, in Toronto through Amtrak’s Maple Leaf service, and in Montreal through Amtrak’s Adirondack service (Transport Canada 2014). As described previously in this report, commuter rail service is provided by TransLink in Metro Vancouver (WCE), GO Transit in the Greater Toronto and Hamilton Area, and RTM in the Montreal area (Transport Canada 2015; Réseau de transport métropolitain 2017, https://rtm. quebec/en. Accessed January 29, 2018). The regulatory framework for railway safety encompasses federal and provincial legislation, regulations, rules, and standards that provide the structure in which railway companies can operate safely. Some 34 Canadian railways have interprovincial or Canada–United States opera- tions and are regulated by federal law. These include the two major freight-carrying railways (CN and CP), VIA Rail, and more than 30 short-line companies. Provincial governments regu- late railways that operate entirely within a single province. Each of the commuter rail systems operates at least in part on CN and/or CP track and falls under the jurisdiction of the regulatory authority of Transport Canada. Federal Legislation Affecting Railway Safety The Railway Safety Act (RSA), implemented in 1989, gave responsibility to Transport Canada for overseeing railway safety. RSA separated the role for railway safety from those of the Canadian Transportation Agency (for economic regulation and dispute resolution) and the Transportation Safety Board (for accident investigations). The basic principle introduced by RSA was that railway companies must be responsible and accountable for the safety of their own operations, while the regulator must retain the power to protect people, property, and the environment by ensuring that the railways operate safely within a national framework. RSA reinforces this principle by providing for government regulations and rules, as well as for the development of operating rules and engineering standards by the industry that are legally

28 Contracting Commuter Rail Services, Volume 1: Guidebook recognized as equivalent to regulations through approval by the Minister of Transport. Rules and engineering standards may be adapted to the needs of different railways and may be devel- oped more quickly than regulations. The Canadian Transportation Accident Investigation and Safety Board Act deals with accident and incident reporting and investigation for all modes of transport under federal jurisdiction, including rail. The Canada Labour Code deals with on- the-job occupational health and safety of workers in federally regulated workplaces, including railways under federal jurisdiction. Provincial Railway Safety Legislation The role of provincial governments in regulating railway safety has increased in impor- tance since the creation of many short-line railways in the 1990s. Differences in regulation and enforcement among provinces and between the provincial and federal regimes are inevitable. Most provinces, including British Columbia, Alberta, Manitoba, Nova Scotia, and New Bruns- wick, have incorporated by reference into their own legislation some or all of the provisions of the RSA, regulations, and rules, ensuring that the same rules apply to provincial railways. Most provinces with provincially regulated railways also have a memorandum of under- standing (MOU) with Transport Canada under which federal railway safety inspectors provide inspection services to the province on a cost-recovery basis. The terms of these MOUs and the extent to which each province uses the services of federal railway inspectors vary from one juris- diction to another. Federal inspectors apply the rules and regulations adopted by each province when inspecting provincial railways, but generally do not have enforcement powers. In most provinces, provincial enforcement officers carry out enforcement. British Columbia is an excep- tion, performing its own inspections and enforcement activities. Safety Regulation for Commuter Rail in Canada The three commuter rail services that operate in Canada (RTM in Montreal, GO Transit in Toronto, and WCE in Vancouver) to varying degrees operate on lines that are owned by freight rail companies. CN and CP own part of the system that GO Transit and RTM operate on, although GO Transit has acquired ownership of the majority of its system in recent years. In the case of WCE, CP is the host railroad for the commuter rail service. Transport Canada has jurisdictional authority over railways that operate in more than one province. CN and CP oper- ate in numerous Canadian provinces, and the commuter operations in Montreal, Toronto, and Vancouver fall under the jurisdiction of Transport Canada. Transport Canada has regulatory oversight over rail safety and rigorously enforces legislation, rules, and regulations, such as those related to train securement, speed limits, and track and equipment inspection and maintenance. Summary Three federal agencies within the U.S. DOT are responsible for different aspects of passenger rail service in the United States: FRA, FTA, and STB. FRA exercises jurisdictional authority over all commuter rail operations. FRA will presume that an operation is a commuter railroad if there is a statutory determination that Congress considers a particular service to be a commuter rail or if the operation has commuter characteristics defined in statute. Each of the three commuter rail systems in Canada operates at least in part on CN and/or CP track and therefore falls under the jurisdiction of the regulatory authority of Transport Canada.