N.Y. Comp. Codes R. & Regs. tit. 20, § 8200-3.2 – Application for accelerated depreciation.

(a) A railroad company requesting increased depreciation for its track must file an application for this depreciation at the same time as the reports required by Subpart 8200-2 of this Part. This request shall be on a form prepared by ORPTS. A copy of this form shall be filed with the New York State Department of Transportation (NYSDOT) at the same time it is filed with ORPTS.
(b) An application for increased depreciation must show planned improvements to the railroad company's system on or after December 31, 2002, and implementation of these improvements. Improvements may include:
1. (1) increased tonnage or tonnage capabilities;
2. (2) increased level of passenger service;
3. (3) increased number or frequency of passenger trains;
4. (4) improved on-time performance for passenger service;
5. (5) increased average speed for passenger or freight service;
6. (6) safety improvements for the general public or railroad employees;
7. (7) marketing or other economic development initiatives;
8. (8) increased intermodal operations;
9. (9) coordination with intercity and commuter passenger operations;
10. (10) improved maintenance practices and/or scope of maintenance;
11. (11) implementation of technological innovations;
12. (12) fuel conservation;
13. (13) reduction of adverse environmental impacts; and
14. (14) such other improvements as the railroad company shall describe.
(c) Applications shall be analyzed by the NYSDOT to determine whether a railroad company has prepared a plan for improvements to its system and whether the railroad has complied with that plan. The NYSDOT shall inform ORPTS of its determination.
(d) For each railroad company that has submitted an application for increased depreciation which the NYSDOT has approved, ORPTS shall depreciate the company's tracks as follows:
1. (1) Category I. Such track shall be depreciated to 25 percent good.
2. (2) Category II. Such track shall be depreciated to 25 percent good.
3. (3) Category III. Such track shall be depreciated to 15 percent good.
4. (4) Category IV. Such track shall be depreciated to 10 percent good.
(e) Nothing in this Subpart shall be deemed to require a railroad company to submit with an application for increased depreciation any information already submitted to the NYSDOT. Such submitted material may be incorporated by reference in the application.
(f) An application for increased depreciation shall be valid for 10 years. A company may submit a new application prior to the expiration of an existing application. Once an application has expired, no increased depreciation shall be granted.