DOT 49 CFR PART 250-2010 GUARANTEE OF CERTIFICATES OF TRUSTEES OF RAILROADS IN REORGANIZATION.pdf

1、944 49 CFR Ch. II (10110 Edition) 244.19 Safety Integration Plan to FRA for ap-proval. (g) During implementation of an ap-proved Safety Integration Plan, FRA will inform the Surface Transportation Board about implementation of the plan at times and in a manner designed to aid the Boards exercise of

2、its con-tinuing jurisdiction over the approved transaction in accordance with an agreement that FRA and the Board will enter into and execute. Pursuant to such agreement, FRA will consult with the Board at all appropriate stages of implementation, and will ad-vise the Board on the status of the im-p

3、lementation process: (1) For a period of no more than five years after the Board approves the transaction, (2) For an oversight period for the transaction established by the Board, or (3) Until FRA advises the Board in writing that the integration of oper-ations subject to the transaction is complet

4、e, whichever is shorter. (h) Request for Confidential Treatment. Each applicant requesting that ad-vanced drafts of the proposed Safety Integration Plan and information in support of the proposed and approved plan that are filed with FRA receive confidential treatment shall comply with the procedure

5、s enumerated at 49 CFR 209.11. 67 FR 11604, Mar. 15, 2002, as amended at 74 FR 25176, May 27, 2009 244.19 Disposition. (a) Standard of review. FRA reviews an applicants Safety Integration Plan, and any amendments thereto, to deter-mine whether it provides a reasonable assurance of safety at every st

6、ep of the transaction. In making this determina-tion, FRA will consider whether the plan: (1) Is thorough, complete, and clear; and (2) Describes in adequate detail a log-ical and workable transition from con-ditions existing before the transaction to conditions intended to exist after consummation

7、of the transaction. (b) Approval of the Safety Integration Plan and Amendments Thereto. FRA ap-proves a Safety Integration Plan, and any amendments thereto, that meets the standard set forth in paragraph (a) of this section. The approval will be conditioned on an applicants execu-tion of all of the

8、elements contained in the plan, including any amendments to the plan approved by FRA. (c) Amendment(1) By the applicant. The applicant may amend its Safety Integration Plan, from time to time, provided it explains the need for the proposed amendment in writing to FRA. Any amendment shall take effect

9、 no earlier than 30 days after its sub-mission to FRA, unless it is either ap-proved or disapproved by FRA within that period. Any disapproval of an amendment shall be in accordance with the requirements prescribed in para-graph (b) of this section. (2) By FRA. FRA may request an ap-plicant to amend

10、 its approved Safety Integration Plan from time to time should circumstances warrant. 67 FR 11604, Mar. 15, 2002, as amended at 67 FR 68045, Nov. 8, 2002 244.21 Compliance and Enforcement. (a) After the Surface Transportation Board has approved a transaction sub-ject to this part, a railroad imple-m

11、enting a transaction subject to this part shall operate in accordance with the Safety Implementation Plan ap-proved by FRA until the properties in-volved in the transaction are com-pletely integrated into the form con-templated in the Surface Transpor-tation Boards approval of the trans-action. (b)

12、FRA may exercise any or all of its enforcement remedies authorized by the Federal railroad safety laws if a railroad fails to comply with paragraph (a) of this section or to execute any measure contained in a Safety Imple-mentation Plan approved by FRA. APPENDIX A TO PART 244SCHEDULE OF CIVIL PENALT

13、IES RESERVED PART 245 RESERVED PART 250GUARANTEE OF CERTIFI-CATES OF TRUSTEES OF RAIL-ROADS IN REORGANIZATION Sec. 250.1 Form and content of application. 250.2 Required exhibits. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00954 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK

14、8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-945 Federal Railroad Administration, DOT 250.1 250.3 Fees. 250.4 Execution and filing of application. 250.5 General instructions. AUTHORITY: Sec. 3(f) of the Emergency Rail Services

15、Act of 1970, Pub. L. 91663; sec. 1.49(m), regulations of the Office of the Sec-retary of Transportation, 49 CFR 1.49(m). SOURCE: 36 FR 770, Jan. 16, 1971, unless oth-erwise noted. 250.1 Form and content of applica-tion. The application shall include, in the order indicated and by section numbers and

16、 letters corresponding to those used in this part, the following: (a) As to the Trustee: (1) Full and correct name and prin-cipal business address. (2) The name and address of the reor-ganization court under the direction of which the Trustee is acting and the docket number of the proceeding. (3) Na

17、me, title, and address of the person to whom correspondence regard-ing the application should be ad-dressed. (4) Brief description of the loan and its purpose or purposes, including statements of (i) The total amount of the loan and the amount of the guarantee being sought, (ii) The purpose or purpo

18、ses for which the loan proceeds will be used, (iii) The maturity date or dates, (iv) The date or dates on which the Trustee desires the funds to be made available, and (v) The rate of interest. (5) Statement, in summary form, showing financial obligations to or claims against the United States or ob

19、-ligations for which the United States is guarantor, if any, by applicant or any applicants parent as to the date of the application, including: (i) Status of any claims under litiga-tion; and (ii) Any other debts or credits exist-ing between the applicant and the United States, showing the departme

20、nt or agency involved in such loans, claims and other debts; (6)(i) Statement on behalf of the Trustee that the Trustee has endeav-ored to obtain a loan or loans for the purpose or purposes proposed without a guarantee by the Secretary, but has not been able to obtain a loan therefor upon reasonable

21、 terms, or if only upon terms considered unreasonable, a state-ment setting forth such terms and de-scribing any facts relevant thereto. (ii) Information as to the Trustees efforts to obtain the needed financing without a guarantee thereof by the Secretary, and as to the results of such efforts. (Se

22、e 250.2(b)(1) as to exhibits on this subject.) (7) Full and complete statement, to-gether with independent supporting evidence, where feasible, concerning the effect that cessation of essential transportation services of carrier would have on the public welfare. (8) Full and complete statement, to-g

23、ether with supporting evidence, where possible, demonstrating that cessation of essential transportation services by applicant carrier is imminent. (9) Full and complete statement, to-gether with supporting evidence, if pos-sible, that there is no other practicable means of obtaining funds to meet p

24、ay-roll and other expenses necessary to provide essential transportation serv-ices other than the issuance of Trustee certificates. Such statements shall in-clude in detail a complete listing of all nontransportation assets of the carrier and corporate affiliates, or subsidiaries having a fair marke

25、t value of not less than $50,000, together with the amount of encumbrances thereon, if any, and a statement or plan for the disposition or sale of such assets as a means of ob-taining funds necessary for essential transportation services. (10) Full and complete statement, to-gether with supporting e

26、vidence, if pos-sible, demonstrating, with particu-larity, that the carrier can reasonably be expected to become self sustaining within a reasonable period of time. (11) Full and complete statement, to-gether with supporting evidence, that the probable value of the assets of the carrier in the event

27、 of liquidation pro-vides reasonable protection to the United States. (b) As to the holder or holders: (1) Full and correct name and prin-cipal business address. (2) Names and addresses of principal executive officers and directors, or partners. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000

28、 Frm 00955 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-946 49 CFR Ch. II (10110 Edition) 250.2 (3) Reference to applicable provisions of law and the charter or other gov-

29、erning instruments conferring author-ity to the lender to make the loan and to accept the proposed obligation. (4) Brief statement of the cir-cumstances and negotiations leading to the agreement by the lender to make the proposed loan, including the name and address of any person or persons, or empl

30、oyees of the carrier, rep-resenting or purporting to represent the Trustee in connection with such negotiations. (5) Brief statement of the nature and extent of any affiliation or business re-lationship between the lender and any of its directors, partners, or principal executive officers, on the on

31、e hand, and, on the other, the carrier and any of its directors, partners, or principal executive officers, or any person or per-sons whose names are required to be furnished under paragraph (b)(4) of this section. (6) Full and complete statement of all sums paid or to be paid and of any other consi

32、deration given or to be given by lender in connection with the proposed loan, including with respect thereto: (i) Name and address of each person to whom the payment is made or to be made, (ii) The amount of the cash payment, or the nature and value of other con-sideration, (iii) The exact nature of

33、 the services rendered or to be rendered, (iv) Any condition upon the obliga-tion of the lender to make such pay-ment, and (v) The nature of any affiliation, as-sociation, or prior business relation-ship between any person named in an-swer to paragraph (6)(i) of this section and the lender or any of

34、 its directors, partners, or officers. (c) As to the impact of the financing on the environment. (1) Summary state-ment of the use to which funds will be put and any anticipated impact on the environment. After reviewing this sub-mission, the Administrator retains the right to require the Trustee to

35、 submit a detailed assessment of the financings impact on the environment in a gen-eral format to be supplied by the Ad-ministrator. (2) Reserved 44 FR 23851, Apr. 23, 1979 250.2 Required exhibits. There shall be filed with and made a part of each application and copy thereof the following exhibits,

36、 except that exhibits filed with the Adminis-trator pursuant to some other statu-tory provision or regulation which are in the same format as the following ex-hibits may be incorporated in and made part of the application filed under this part by reference. While the application is pending, when act

37、ual data become available in place of the estimated or forecasted data required in the exhibits under this part, such ac-tual data must be reported promptly to the Administrator in the form required in the appropriate exhibit. (a) The following exhibits are re-quired concerning the Trustee and the c

38、arrier: (1) As Exhibit 1, copy of duly cer-tified order of the court, or instrument of appointment, appointing trustees of the carrier. (2) As Exhibit 2, a certified copy of the order(s) of the reorganization court having jurisdiction of applicant au-thorizing (i) the filing of the applica-tion with

39、 the Administrator for a guar-antee of the Trustees certificate; (ii) filing of the application with the Inter-state Commerce Commission for au-thority to issue a Trustees certificate; (iii) such pledge of security for the loan and the guarantee as the applicant pro-poses in connection with Exhibit

40、3; and (iv) compliance by the Trustee with conditions to the guarantee imposed by law and the Administrator. (3) As Exhibit 3, full and complete statement, together with supporting evidence, that the probable value of the assets of the railroad in the event of liquidation provides reasonable protec-

41、tion to the United States. (4) As Exhibit 4, a map of the car-riers existing railroad. (5) As Exhibit 5, statement showing miles of line owned; miles operated; number of units of locomotives, freight cars, and passenger cars owned and leased; principal commodities carried; and identification of the

42、ten most im-portant industries served. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00956 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-947 Federal Railroad A

43、dministration, DOT 250.2 (6) As Exhibit 6, statement as to whether any railroad affiliated with the carrier has applied for or received any Federal assistance since 1970. (7) As Exhibit 7, statement showing total dividends, if any, declared and total dividends paid for each of the last 5 calendar ye

44、ars and for each month of the current year to latest available date. (8) As Exhibit 8, a copy of applicants most recent year-end general balance sheet certified by applicants inde-pendent public accountants, if avail-able, and a copy of applicants most re-cent unaudited general balance sheet as of a

45、 date no less recent than the end of the third month preceding the date of the filing of the application. The unaudited balance sheet shall be pre-sented in account form and detail as required in Schedule 200 of the Com-missions annual report R1 or R2, as appropriate, together with the fol-lowing sc

46、hedules (where changes in ac-counts from the end of the prior year to date of the application have not been significant, copies of the appro-priate schedules in the prior years R 1 or R2 with marginal notations list-ing the changes may be substituted): (i) Particulars of Account 704, Loans and Notes

47、 Receivable, in form and de-tail as required in Schedule 201 of an-nual report R1 for the Class I rail-roads, and in similar form for the Class II railroads except that for Class II railroads, loans and notes receivable that are each less than $25,000 may be combined into a single amount; (ii) Parti

48、culars of investment in af-filiated companies and other invest-ment in form and detail required in Schedules 205 and 206 of annual report R1, or Schedules 1001 and 1002 of an-nual report R2, as appropriate; (iii) Particulars of balances in Ac-counts 741, Other Assets, and 743, Other Deferred Changes

49、, in form and detail required in Schedule 216 of annual re-port R1 or Schedule 1703 of annual re-port R2, as appropriate; (iv) Particulars of loans and notes payable in form and detail required in Schedule 223 of annual report R1, or Schedule 1701 of annual report R2, as appropriate, as well as information as to bank loans, including the name of the bank, date and amount of the origi-nal loan, current balance, maturities, rate of interest,