DOT 49 CFR PART 1151-2010 FEEDER RAILROAD DEVELOPMENT PROGRAM.pdf

1、197 Surface Transportation Board, DOT 1151.2 to revoke will not automatically stay the transaction. 61 FR 32355, June 24, 1996; 61 FR 36965, July 15, 1996 1150.45 Procedures and relevant datestransactions under section 10902 that involve creation of Class I or Class II rail carriers. (a) To qualify

2、for this exemption, ap-plicant must serve a notice of intent to file a notice of exemption no later than 14 days before the notice of exemption is filed with the Board, and applicant must comply with the notice require-ment of 1150.42(e). (b) The notice of intent must contain all the information req

3、uired in 1150.43 plus: (1) A general statement of service in-tentions; and (2) A general statement of labor im-pacts. (c) The notice of intent must be served on: (1) The Governor of each state in which track is to be sold; (2) The state(s) Department of Trans-portation or equivalent agency; (3) The

4、national offices of the labor unions with employees on the affected line(s); and (4) Shippers representing at least 50 percent of the volume of local traffic and traffic originating or terminating on the line(s) in the most recent 12 months for which data are available (beginning with the largest sh

5、ipper and working down). (d) Applicant must also file a verified notice of exemption conforming to the requirements of paragraph (b) of this section and of 1150.44, and certify compliance with paragraphs (a), (b), and (c) of this section, attaching a copy of the notice of intent. In addition to the

6、written submission, the notice must be submitted on a 3.5-inch disk-ette formatted for WordPerfect 5.1. (e) The exemption will be effective 45 days after the notice is filed. The Board, through the Director of the Of-fice of Proceedings, will publish a no-tice in the FEDERAL REGISTER within 16 days

7、of the filing. (f) If the notice contains false or mis-leading information, the exemption is void ab initio. A petition to revoke under 49 U.S.C. 10502(d) does not auto-matically stay the transaction. Stay petitions must be filed at least 14 days before the exemption becomes effec-tive. Replies will

8、 be due 7 days there-after. To be considered, stay petitions must be timely served on the appli-cant. (g) Applicant must preserve intact all sites and structures more than 50 years old until compliance with the require-ments of section 106 of the National Historic Preservation Act, 16 U.S.C. 470f, i

9、s achieved. 61 FR 32355, June 24, 1996, as amended at 62 FR 47584, Sept. 10, 1997; 71 FR 62213, Oct. 24, 2006 PART 1151FEEDER RAILROAD DEVELOPMENT PROGRAM Sec. 1151.1 Scope. 1151.2 Procedures. 1151.3 Contents of application. 1151.4 Board determination. AUTHORITY: 49 U.S.C. 10907. SOURCE: 48 FR 9654,

10、 Mar. 8, 1983, unless oth-erwise noted. 1151.1 Scope. This part governs applications filed under 49 U.S.C. 10907. The Board can re-quire the sale of a rail line to a finan-cially responsible person. A rail line is eligible for a forced sale if it appears in category 1 or 2 of the owning railroads sy

11、stem diagram map (but the railroad has not filed an application to abandon the line), or the public convenience and necessity, as defined in 49 U.S.C. 10907(c)(1), permit or require the sale of the line. 48 FR 9654, Mar. 8, 1983, as amended at 56 FR 37861, Aug. 9, 1991; 64 FR 53268, Oct. 1, 1999 115

12、1.2 Procedures. (a) Service. When an application is filed, applicant must concurrently serve a copy of the application by first class mail on: (1) The owning railroad; (2) All rail patrons who originated and/or received traffic on the line dur-ing the 12-month period preceding the month in which the

13、 application is filed; (3) The designated State agency in the State(s) where the property is lo-cated; VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00207 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networki

14、ng permitted without license from IHS-,-,-198 49 CFR Ch. X (10110 Edition) 1151.2 (4) County governments where the line is located; (5) The National Railroad Passenger Corporation (Amtrak) (if Amtrak oper-ates on the line); (6) And the national offices of rail unions with employees on the line. (b)

15、Acceptance or rejection of an ap-plication. (1) The Board, through the Director of the Office of Proceedings, will accept a complete application no later than 30 days after the application is filed by publishing a notice in the FEDERAL REGISTER. An application is complete if it has been properly ser

16、ved and con-tains substantially all information re-quired by 1151.3, except as modified by advance waiver. The notice will also announce the schedule for filing of competing applications and responses. (2) The Board, through the Director of the Office of Proceedings, will reject an incomplete applic

17、ation by serving a decision no later than 30 days after the application is filed. The decision will explain specifically why the applica-tion was incomplete. A revised applica-tion may be submitted, incorporating portions of the prior application by ref-erence. (c) Competing applications. (1) Unless

18、 otherwise scheduled in the notice, competing applications by other parties seeking to acquire all or any portion of the line sought in the initial application are due within 30 days after the initial application is ac-cepted. (2) The Board, through the Director of the Office of Proceedings, will is

19、sue a decision accepting or rejecting a competing application no later than 15 days after it is filed. A competing ap-plication will be rejected if it does not substantially contain the information required by 1151.3, except as modified by advance waiver. (d) Incomplete applications. (1) If an appli

20、cant seeking to file an initial or competing application is un-able to obtain required information that is primarily or exclusively within the personal knowledge of the owning carrier, the applicant may file an in-complete application if it files at the same time a request for discovery under 49 CFR

21、 part 1114 to obtain the needed information from the owning carrier. (2) The Board, through the Director of the Office of Proceedings, will by de-cision conditionally accept incomplete initial or competing applications, if the Director determines that the dis-covery sought is necessary for the ap-pl

22、ication and primarily or exclusively within the knowledge of the owning carrier. (3) When the information sought through discovery has been filed for an initial application, FEDERAL REGISTER notice under paragraph (b) of this sec-tion will be published. (4) When the information sought through discov

23、ery has been filed for a competing application, a decision will be issued under paragraph (c) of this section. (e) Comments. Unless otherwise scheduled in the notice, verified state-ments and comments addressing both the initial and competing applications must be filed within 60 days after the initi

24、al application is accepted. (f) Replies. Unless otherwise sched-uled in the notice, verified replies by applicants and other interested parties must be filed within 80 days after the initial application is accepted. (g) Publication. If the Board finds that the public convenience and neces-sity requi

25、re or permit sale of the line, the Board shall concurrently publish this finding in the FEDERAL REGISTER. (h) Acceptance or rejection. If the Board concludes that sale of the line should be required, the applicant(s) must file a notice with the Board and the owning railroad accepting or re-jecting t

26、he Boards determination. The notice must be filed within 10 days of the service date of the decision. (i) Selection. If two or more appli-cants timely file notices accepting the Boards determination, the owning railroad must select the applicant to which it will sell the line and file no-tice of its

27、 selection with the Board and serve a copy on the applicants within 15 days of the service date of the Board decision. (j) Waiver. Prior to filing an initial or competing application, an applicant may file a petition to waive or clarify specific portions of part 1151. A deci-sion by the Director of

28、the Office of VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00208 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-199 Surface Transportation Board, DOT 1151.3 Pr

29、oceedings granting or denying a peti-tion for waiver or clarification will be issued within 30 days of the date the petition is filed. Appeals from the Di-rectors decision will be decided by the entire Board. (k) Extension. Extensions of filing dates may be granted for good cause. 56 FR 37861, Aug.

30、9, 1991 1151.3 Contents of application. (a) The initial application and all competing applications must include the following information in the form of verified statements: (1) Identification of the line to be purchased including: (i) The name of the owning carrier; and (ii) The exact location of t

31、he line to be purchased including milepost des-ignations, origin and termination points, stations located on the line, and cities, counties and States tra-versed by the line. (2) Identification of applicant includ-ing: (i) The applicants name and address; (ii) The name, address, and phone number of

32、the representative to receive correspondence concerning this appli-cation; (iii) A description of applicants af-filiation with any railroad; and (iv) If the applicant is a corporation, the names and addresses of its officers and directors. (3) Information sufficient to dem-onstrate that the applican

33、t is a finan-cially responsible person. In this re-gard, the applicant must demonstrate its ability: (i) To pay the higher of the net liq-uidation value (NLV) or going concern value (GCV) of the line; and (ii) To cover expenses associated with providing services over the line (in-cluding, but not li

34、mited to, operating costs, rents, and taxes) for at least the first 3 years after acquisition of the line. (4) An estimate of the NLV and the GCV of the line and evidence in support of these estimates. (5) An offer to purchase the line at the higher of the two estimates sub-mitted pursuant to paragr

35、aph (a)(4) of this section. (6) The dates for the proposed period of operation of the line covered by the application. (7) An operating plan that identifies the proposed operator; attaches any contract that the applicant may have with the proposed operator; describes in detail the service that is to

36、 be pro-vided over the line, including all inter-line connections; and demonstrates that adequate transportation will be provided over the line for at least 3 years from the date of acquisition. (8) A description of the liability in-surance coverage carried by applicant or any proposed operator. If

37、trackage rights are requested, the insurance must be at a level sufficient to indem-nify the owning railroad against all personal and property damage that may result from negligence on the part of the operator in exercising the track-age rights. (9) Any preconditions (such as assum-ing a share of an

38、y subsidy payments) that will be placed on shippers in order for them to receive service, and a statement that if the application is ap-proved, no further preconditions will be placed on shippers without Board ap-proval. (This Statement Will Be Bind-ing Upon Applicant if the Application is Approved.

39、) (10) The name and address of any per-son(s) who will subsidize the operation of the line. (11) A statement that the applicant will seek a finding by the Board that the public convenience and necessity permit or require acquisition, or a statement that the line is currently in category 1 or 2 of th

40、e owning railroads system diagram map. (i) If the applicant seeks a finding of public convenience and necessity, the application must contain detailed evi-dence that permits the Board to find that: (A) The rail carrier operating the line refused within a reasonable time to make the necessary efforts

41、 to provide adequate service to shippers who trans-port traffic over the line; (B) The transportation over the line is inadequate for the majority of ship-pers who transport traffic over the line; VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00209 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 22

42、0219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-200 49 CFR Ch. X (10110 Edition) 1151.4 1Gross ton-miles are calculated by adding the ton-miles of the cargo and the ton-miles related to the tare (empty) weight of

43、 the freight cars used to transport the cargo in the loaded movement. In calculating the gross ton-miles, only those related to the portion of the segment purchased shall be in-cluded. (C) The sale of the line will not have a significantly adverse financial effect on the rail carrier operating the l

44、ine; (D) The sale of the line will not have an adverse effect on the overall oper-ational performance of the rail carrier operating the line; and (E) The sale of the line will be likely to result in improved railroad trans-portation for shippers who transport traffic over the line. (ii) If the appli

45、cant seeks a finding that the line is currently in category 1 or 2 of the owning carriers system dia-gram map, the relevant portion of the current map must be attached to the application. (12) A statement detailing applicants election of exemption from the provi-sions of Title 49, United States Code

46、, and a statement that if the application is approved, no further exemptions will be elected. (This Statement Will Be Binding Upon the Applicant if the Ap-plication is Approved.) (13) A description of any trackage rights sought over the owning railroad that are required to allow reasonable interchan

47、ge or to move power equip-ment or empty rolling stock between noncontiguous feeder lines operated by the applicant, and an estimate of the reasonable compensation for such rights, including full explanation of how the estimate was reached. The de-scription of the trackage rights shall include the fo

48、llowing information: Milepost or other identification for each segment of track; the need for the trackage rights (interchange of traffic, movement of equipment, etc.); fre-quency of operations; times of oper-ation; any alternative to the use of trackage rights; and any other perti-nent data. Tracka

49、ge rights that are necessary for the interchange of traffic shall be limited to the closest point to the junction with the owning railroads line that allows the efficient inter-change of traffic. A statement shall be included that the applicant agrees to have its train and crew personnel take the operating rules examination of the railroad over which the operating rights are exercised. (14) If applicant requests Board pre-scribed joint rates and divisions in