DOT 49 CFR PART 1152-2010 ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U S C 10903.pdf

1、201 Surface Transportation Board, DOT Pt. 1152 (i) The public convenience and neces-sity require or permit the sale of line or line segment; or (ii) The line or line segment is classi-fied in category 1 or 2 of the owning carriers system diagram map; and (2) The traffic level on the line or line seg

2、ment sought to be acquired was less than 3 million gross ton-miles of traffic per mile in the preceding cal-endar year (Note: This finding will not be required for applications filed after October 1, 1983). (c) If the Board finds that one or more financially responsible parties have offered to buy a

3、 qualifying line of railroad, the Board shall set the acqui-sition cost of the line at the higher of NLV or GCV, order the owning carrier to sell the rail line to one of the finan-cially responsible applicants, and re-solve any related issues raised in the application. If an applicant and the owning

4、 railroad agree on an acquisi-tion price, that price shall be the final price. (d) If trackage rights are sought in the application, the Board shall, based on the evidence of record, set the ade-quate compensation for such rights, if the parties have not agreed. (e) If the applicant requests the Boa

5、rd to set joint rates or divisions and the line carried less than 3 million gross ton-miles of traffic per mile dur-ing the preceding calendar year, the Board shall, pursuant to 49 U.S.C. 10705(a), establish joint rates and divi-sions based on the evidence of record in the proceeding. Unless specifi

6、cally re-quested to do so by the selling carrier, the Board will not set the rate for the selling railroads share of the joint rate at less than the applicable level (for the year in which the acquisition is made) set by 49 U.S.C. 10709(d)(2), which limits Board maximum ratemaking ju-risdiction to r

7、ates above certain cost/ price ratios. PART 1152ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 Subpart AGeneral Sec. 1152.1 Purpose and scope. 1152.2 Definitions. Subpart BSystem Diagram 1152.10 System diagram map. 1152.11 Description of lines to accompany

8、 the system diagram map or information to be contained in the narrative. 1152.12 Filing and publication. 1152.13 Amendment of the system diagram map or narrative. 1152.14 Availability of data. 1152.15 Reservation of jurisdiction. Subpart CProcedures Governing Notice, Applications, Financial Assistan

9、ce, Ac-quisition for Public Use, and Trail Use 1152.20 Notice of intent to abandon or dis-continue service. 1152.21 Form of notice. 1152.22 Contents of application. 1152.23 Reserved 1152.24 Filing and service of application. 1152.25 Participation in abandonment or discontinuance proceedings. 1152.26

10、 Board determination under 49 U.S.C. 10903. 1152.27 Financial assistance procedures. 1152.28 Public use procedures. 1152.29 Prospective use of rights-of-way for interim trail use and rail banking. Subpart DStandards for Determining Costs, Revenues, and Return on Value 1152.30 General. 1152.31 Revenu

11、e and income attributable to branch lines. 1152.32 Calculation of avoidable costs. 1152.33 Apportionment rules for the assign-ment of expenses to on-branch costs. 1152.34 Return on investment. 1152.35 Reserved 1152.36 Submission of revenue and cost data. 1152.37 Financial status reports. Subpart E R

12、eserved Subpart FExempt Abandonments and Discontinuances of Service and Track-age Rights 1152.50 Exempt abandonments and discontinuances of service and trackage rights. Subpart GSpecial Rules Applicable to Petitions for Abandonments or Discontinuances of Service or Track-age Rights Filed Under the 4

13、9 U.S.C. 10502 Exemption Procedure 1152.60 Special rules. AUTHORITY: 11 U.S.C. 1170; 16 U.S.C. 1247(d) and 1248; 45 U.S.C. 744; and 49 U.S.C. 701 note VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00211 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided

14、 by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-202 49 CFR Ch. X (10110 Edition) 1152.1 (1995) (section 204 of the ICC Termination Act of 1995), 721(a), 10502, 1090310905, and 11161. SOURCE: 61 FR 67883, Dec. 24, 1996, unless otherwise noted. Subpart AGenera

15、l 1152.1 Purpose and scope. (a) 49 U.S.C. 10903 et seq. governs abandonment of rail lines and dis-continuance of rail service by common carriers. Section 10903(d) provides that no line of railroad may be abandoned and no rail service discontinued unless the Board finds that the present or fu-ture pu

16、blic convenience and necessity require or permit the abandonment or discontinuance. (b) Part 1152 contains regulations governing abandonment of, and dis-continuance of service over, rail lines. This part also sets forth procedures for providing financial assistance to assure continued rail freight s

17、ervice under 49 U.S.C. 10904, for acquiring rail lines for alternate public use under 49 U.S.C. 10905, and for acquiring or using a rail right-of-way for interim trail use and rail banking. 1152.2 Definitions. Unless otherwise provided in the text of the regulations, the following defini-tions apply

18、 in this part: (a) Account means an account in the Boards Uniform System of Accounts for Railroad Companies (49 CFR part 1201). (b) Act means the ICC Termination Act of 1995 (Pub. L. 10488, 109 Stat. 803), as amended. (c) Base year means the latest 12- month period, ending no earlier than 6 months p

19、rior to the filing of the aban-donment or discontinuance applica-tion, for which data have been col-lected at the branch level as prescribed in 1152.30(b). (d) Board means the Surface Trans-portation Board. (e) Branch means a segment of line for which an application for abandon-ment or discontinuanc

20、e, pursuant to 49 U.S.C. 10903, has been filed. (f) Carrier means a railroad company or the trustee or trustees of a railroad company subject to regulation under 49 U.S.C., Subtitle IV, chapter 105. (g) Designated state agency means the instrumentality created by a state or designated by appropriate

21、 authority to administer or coordinate its state rail plan. (h) Forecast Year means the 12-month period, beginning with the first day of the month in which the application is filed with the Board, for which future revenues and costs are estimated. (i) Form R1 means the railroads an-nual report filed

22、 with the Board in ac-cordance with the requirements of 49 U.S.C. 11145. (j) Offeror means a shipper, a state, the United States, a local or regional transportation authority, or any finan-cially responsible person offering rail service continuation assistance under 49 U.S.C. 10904. (k) URCS means t

23、he Uniform Rail-road Costing System. (l) Significant user means: (1) Each of the 10 rail patrons which originated and/or received the largest number of carloads (or each patron if there are less than 10); and (2) Any other rail patron which origi-nated and/or received 50 or more car-loads, on the li

24、ne proposed for aban-donment or discontinuance, during the 12-month period preceding the month in which notice is given of the aban-donment or discontinuance applica-tion. (m) Subsidy year means any 12-month period for which a subsidy agreement has been negotiated and is in oper-ation. Subpart BSyst

25、em Diagram 1152.10 System diagram map. (a) Each carrier shall prepare a dia-gram of its rail system on a map, desig-nating all lines in its system by the categories established in paragraph (b) of this section. A Class III carrier shall either prepare the aforementioned map of its rail system or fil

26、e only a nar-rative description of its lines that pro-vides all of the information required in this subpart. (b) All lines in each carriers rail sys-tem shall be separated into the fol-lowing categories: VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00212 Fmt 8010 Sfmt 8010 Y:SGML220219

27、.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-203 Surface Transportation Board, DOT 1152.12 (1) All lines or portions of lines which the carrier anticipates will be the sub-ject of an abandonment or disc

28、ontinu-ance application to be filed within the 3-year period following the date upon which the diagram or narrative, or any amended diagram or narrative, is filed with the Board; (2) All lines or portions of lines which are potentially subject to abandon-ment, defined as those which the car-rier has

29、 under study and believes may be the subject of a future abandonment application because of either antici-pated operating losses or excessive re-habilitation costs, as compared to po-tential revenues; (3) All lines or portions of lines for which an abandonment or discontinu-ance application is pendi

30、ng before the Board on the date upon which the dia-gram or narrative, or any amended dia-gram or narrative, is filed with the Board; (4) All lines or portions of lines which are being operated under the rail serv-ice continuation provisions of 49 U.S.C. 10904 (and former 49 U.S.C. 10905) on the date

31、 upon which the diagram or nar-rative, or any amended diagram or nar-rative, is filed with the Board; and (5) All other lines or portions of lines which the carrier owns and operates, directly or indirectly. (c) The system diagram map shall be color-coded to show the 5 categories of lines as follows

32、: (1) Red shall designate those lines de-scribed in 1152.10(b)(1); (2) Green shall designate those lines described in 1152.10(b)(2); (3) Yellow shall designate those lines described in 1152.10(b)(3); (4) Brown shall designate those lines described in 1152.10(b)(4); and (5) Black or dark blue shall d

33、esignate those lines described in 1152.10(b)(5). (d) The system diagram map shall also identify, and shall be drawn to a scale sufficient to depict clearly, the location of: (1) All state boundary lines; (2) Boundaries of every county in which is situated a rail line owned or operated by the carrier

34、 which is listed in categories 1 thru 4 (1152.10(b)(1) thru (4); (3) Every Standard Metropolitan Sta-tistical Area (SMSA) any portion of which is located within 5 air miles of a rail line owned or operated by the car-rier; and (4) Every city outside an SMSA which has a population of 5,000 or more pe

35、rsons (according to the latest pub-lished United States census reports) and which has any portion located within 5 air miles of a rail line owned or operated by the carrier. A series of interrelated maps may be used where the system serves a very large or con-gested area. An explanation of the inter

36、relationship must be furnished. 1152.11 Description of lines to accom-pany the system diagram map or in-formation to be contained in the narrative. Each carrier required to file a system diagram map or narrative shall list and describe, separately by category and within each category by state, all l

37、ines or portions of lines identified on its system diagram map or to be included in its narrative as falling within cat-egories 1 thru 3 (1152.10(b)(1) thru (3) as follows: (a) Carriers designation for each line (for example, the Zanesville Secondary Track); (b) State or states in which each line is

38、 located; (c) County or counties in which each line is located; (d) Mileposts delineating each line or portion of line; and (e) Agency or terminal stations lo-cated on each line or portion of line with milepost designations. 1152.12 Filing and publication. (a) Each carrier required to file a sys-tem

39、 diagram map or a narrative shall file with the Board three copies of a complete and up-dated color-coded sys-tem diagram map or narrative (identi-fied by its AB number) and the ac-companying line descriptions in con-formance with the filing and publica-tion requirements of this section. If a revise

40、d map or narrative is filed, the line descriptions for the lines which were revised must be filed. (b) The color-coded system diagram map or narrative, any amendments, and accompanying line descriptions shall be served upon the Governor, the VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm

41、 00213 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-204 49 CFR Ch. X (10110 Edition) 1152.13 Public Service Commission (or equiva-lent agency) and the designated state age

42、ncy of each state within which the carrier operates or owns a line of rail-road. (c) The carrier shall: (1) Publish in a newspaper of general circulation in each county containing category 1 through 3 lines or lines being revised, a notice containing: (i) A black-and-white copy of the sys-tem diagra

43、m map (or a portion of the map clearly depicting its lines in that county); and (ii) A description of each line (in the case of Class III carriers only the line description is required); (2) Post a copy of the newspaper no-tice: (i) In each agency station or terminal on each line in categories 1 thr

44、ough 3 and on each line which has been re-vised; or (ii) If there is no agency station on the line, at any station through which business for the line is received or for-warded; (3) Furnish, at reasonable cost, upon request of any interested person, a copy of its system diagram map (either color-cod

45、ed or black-and-white) or nar-rative; and (4) Notify interested persons of this availability through its publication in the appropriate county newspaper. (d) Each carrier required to file a sys-tem diagram map or narrative shall file with the Board an affidavit of serv-ice and publication stating th

46、e date each was accomplished. A copy of each newspaper notice published shall be at-tached to the affidavit. The effective date of the filing of the initial system diagram map or narrative and each amended system diagram map or nar-rative as required in paragraph (a) of this section shall be deemed

47、to be the date upon which the Board receives the affidavit required in this paragraph. (e) The Board shall require republica-tion of the notice if it is found to be in-adequate. 61 FR 67883, Dec. 24, 1996 as amended at 64 FR 53268, Oct. 1, 1999 1152.13 Amendment of the system diagram map or narrativ

48、e. (a) Each carrier shall be responsible for maintaining the continuing accu-racy of its system diagram map and the accompanying line descriptions or narrative. Amendments may be filed at any time and will be subject to all car-rier filing and publication require-ments of 1152.12. (b) By March 24, 1

49、997, each carrier shall file with the Board a revised and updated color-coded system diagram map and line descriptions or narrative which shall be subject to the filing and publication requirements of 1152.12. Thereafter, each carrier shall file amendments as line designations change and update its map or nar-rative, as appropriate. Also, each car-rier shall file an updated or amended map or narrative upon order of the Board. Each new rail