761—801.1 (327I) Definitions.
	 801.1(1) “Enforceable undertaking to operate the facility ,” as used in Iowa Code subsection 327I.7(5), shall mean a contract or agreement enforceable in the courts of Iowa between a railroad and the department in which the railroad agrees to provide a level of rail service acceptable to the state transportation commission and in accordance with the applicable United States statutes, rules and regulations. The review of the level of rail service provided shall include a review of the frequency of operation, maintenance of facility, and locomotive and car supply. The contract or agreement may provide for economic incentives or penalties to encourage satisfaction of the terms and conditions of the contract or agreement and to ensure the operation of the facility.
	 801.1(2) Reserved.
This rule is intended to implement Iowa Code section 327I.7.