Southeastern Pennsylvania Transportation Authority v. Interstate Commerce Commission

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I

This petition for review concerns an issue arising under the cost allocation Standards promulgated by the Rail Services Planning Office (RSPO) of the Interstate Commerce Commission (ICC).1 The relevant statutes and regulations are the Regional Rail Reorganization Act of 1973, Pub.L.No.93-236, 87 Stat. 985, (3R Act) as amended by the Railroad Revitalization and Regulatory Reform Act of 1976, Pub.L.No.94-210, 90 Stat. 31, (4R Act) [sometimes jointly referred to as the “Rail Act”],2 and the Standards for Determining Commuter Rail Service Con*240tinuation…