49 C.F.R. § 1151.1 Scope.
This part
governs applications filed under 49
U.S.C. 10907. The Board can require the sale of a rail
line to a financially responsible person. A rail line is eligible for
a forced sale if it appears in category 1 or 2 of the owning
railroad's system 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.
[56
FR 37861, Aug. 9, 1991; 64
FR 53268, Oct. 1, 1999]
49 C.F.R. § 1151.2 Procedures.
(a) Service. When an application is filed, applicant must
concurrently serve a copy of the application by first class mail on:
(2) All rail patrons who originated and/or received traffic on the
line during the 12-month period preceding the month in which the
application is filed;
(3) The designated State agency in the State(s) where the property is
located;
(4) County governments where the line is located;
(5) The National Railroad Passenger Corporation (Amtrak) (if Amtrak
operates on the line);
(6) And the national offices of rail unions with employees on the
line.
(b) Acceptance or rejection of an application.
(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 served and
contains substantially all information required 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 application by serving a decision no later
than 30 days after the application is filed. The decision will
explain specifically why the application was incomplete. A revised
application may be submitted, incorporating portions of the prior
application by reference.
(1) Unless 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 accepted.
(2) The Board, through the Director of the Office of Proceedings,
will issue a decision accepting or rejecting a competing application
no later than 15 days after it is filed. A competing application will
be rejected if it does not substantially contain the information
required by §
1151.3, except as modified by advance waiver.
(1) If an applicant seeking to file an initial or competing
application is unable to obtain required information that is
primarily or exclusively within the personal knowledge of the owning
carrier, the applicant may file an incomplete application if it files
at the same time a request for discovery under 49 CFR part 1114 to
obtain the needed information from the owning carrier.
(2) The Board, through the Director of the Office of Proceedings,
will by decision conditionally accept incomplete initial or competing
applications, if the Director determines that the discovery sought is
necessary for the application 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 section will be published.
(4) When the information sought through discovery 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
statements and comments addressing both the initial and competing
applications must be filed within 60 days after the initial
application is accepted.
(f) Replies. Unless otherwise scheduled 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
necessity require 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 rejecting the Board's
determination. The notice must be filed within 10 days of the service
date of the decision.
(i) Selection. If two or more applicants timely file notices
accepting the Board's determination, the owning railroad must select
the applicant to which it will sell the line and file notice of its
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 decision by the Director of the Office of Proceedings
granting or denying a petition for waiver or clarification will be
issued within 30 days of the date the petition is filed. Appeals from
the Director's decision will be decided by the entire Board.
(k) Extension. Extensions of filing dates may be granted for good cause.
[48
FR 9654, Mar. 8, 1983, as amended at 48
FR 34475, July 29, 1983; 56
FR 37861, Aug. 9, 1991]
SOURCE: 48
FR 9654, March 8, 1983; 62
FR 50525, Sept. 26, 1997, unless otherwise noted.
AUTHORITY: 49 U.S.C. 10907.
49 C.F.R. §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 the line to be purchased including
milepost designations, origin and termination points, stations
located on the line, and cities, counties and States traversed by the
line.
(2) Identification of applicant including:
(i) The applicant's name and address;
(ii) The name, address, and phone number of the representative to
receive correspondence concerning this application;
(iii) A description of applicant's affiliation with any railroad; and
(iv) If the applicant is a corporation, the names and addresses of
its officers and directors.
(3) Information sufficient to demonstrate that the applicant is a
financially responsible person. In this regard, the applicant must
demonstrate its ability:
(i) To pay the higher of the net liquidation value (NLV) or going
concern value (GCV) of the line; and
(ii) To cover expenses associated with providing services over the
line (including, but not limited 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
submitted pursuant to paragraph (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 be provided over the line,
including all interline 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 insurance coverage carried by
applicant or any proposed operator. If trackage rights are requested,
the insurance must be at a level sufficient to indemnify the owning
railroad against all personal and property damage that may result
from negligence on the part of the operator in exercising the
trackage rights.
(9) Any preconditions (such as assuming a share of any subsidy
payments) that will be placed on shippers in order for them to
receive service, and a statement that if the application is approved,
no further preconditions will be placed on shippers without Board
approval. (This Statement Will Be Binding Upon Applicant if the
Application is Approved.)
(10) The name and address of any person(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 the owning railroad's system diagram map.
(i) If the applicant seeks a finding of public convenience and
necessity, the application must contain detailed evidence that
permits the Board to find that:
(A) The rail carrier operating the line refused within a reasonable
time to make the necessary efforts to provide adequate service to
shippers who transport traffic over the line;
(B) The transportation over the line is inadequate for the majority
of shippers who transport traffic over the line;
(C) The sale of the line will not have a significantly adverse
financial effect on the rail carrier operating the line;
(D) The sale of the line will not have an adverse effect on the
overall operational performance of the rail carrier operating the
line; and
(E) The sale of the line will be likely to result in improved
railroad transportation for shippers who transport traffic over the
line.
(ii) If the applicant seeks a finding that the line is currently in
category 1 or 2 of the owning carrier's system diagram map, the
relevant portion of the current map must be attached to the
application.
(12) A statement detailing applicant's election of exemption from the
provisions of Title 49, United States Code, 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 Application
is Approved.)
(13) A description of any trackage rights sought over the owning
railroad that are required to allow reasonable interchange or to move
power equipment 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 description of the trackage rights shall
include the following information: milepost or other identification
for each segment of track; the need for the trackage rights
(interchange of traffic, movement of equipment, etc.); frequency of
operations; times of operation; any alternative to the use of
trackage rights; and any other pertinent data. Trackage rights that
are necessary for the interchange of traffic shall be limited to the
closest point to the junction with the owning railroad's line that
allows the efficient interchange 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 prescribed joint rates and divisions
in the feeder line proceeding, a description of any joint rate and
division agreement that must be established. The description must
contain the following information:
(ii) the estimated revenues that will result from the division(s);
(iii) The total costs of operating the line segment purchased
(including any trackage rights fees).
(iv) Information sufficient to allow the Board to determine that the line sought to be acquired carried less than 3 million gross ton-miles of traffic per mile in the preceding calendar year [FN1] ; and
1 Gross ton-miles are calculated by adding the ton-miles of the cargo and the ton-miles related to the tare (empty) weight of 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 included.
(v) Any other pertinent information.
(15) The extent to which the owning railroad's employees who normally
service the line will be used.
(16) A certificate stating that the service requirements of §
1151.2(a) have been met.
(b) Applicant must make copies of the application available to interested parties upon request.
[56
FR 37862, Aug. 9, 1991; 64
FR 53268, Oct. 1, 1999]
49 C.F.R. § 1151.4 Board determination.
(a) The Board shall determine whether each applicant is a financially
responsible person. To be a financially responsible person, the Board
must find that:
(1) The applicant is capable of paying the constitutional minimum
value of the line and able to assure that adequate transportation
will be provided over the line for at least 3 years;
(2) The applicant is not a class I or class II railroad or an entity
affiliated with a class I or class II railroad.
(b) If the Board finds that one or more applicants are financially
responsible parties, it shall determine whether the involved line or
line segment is a qualified line. A line is a qualified line if:
(i) The public convenience and necessity require or permit the sale
of line or line segment; or
(ii) The line or line segment is classified in category 1 or 2 of the
owning carrier's system diagram map; and
(2) The traffic level on the line or line segment sought to be
acquired was less than 3 million gross ton-miles of traffic per mile
in the preceding calendar 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 qualifying line of railroad, the Board
shall set the acquisition cost of the line at the higher of NLV or
GCV, order the owning carrier to sell the rail line to one of the
financially responsible applicants, and resolve any related issues
raised in the application. If an applicant and the owning railroad
agree on an acquisition 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 adequate compensation
for such rights, if the parties have not agreed.
(e) If the applicant requests the Board to set joint rates or
divisions and the line carried less than 3 million gross ton-miles of
traffic per mile during the preceding calendar year, the Board shall,
pursuant to 49
U.S.C. 10705(a), establish joint rates and divisions
based on the evidence of record in the proceeding. Unless
specifically requested to do so by the selling carrier, the Board
will not set the rate for the selling railroad's 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 jurisdiction to rates above certain cost/price ratios.
SOURCE: 48
FR 9654, March 8, 1983; 62
FR 50525, Sept. 26, 1997, unless otherwise noted.
AUTHORITY: 49 U.S.C. 10907.
49 C.F.R. § 1152.27 Financial assistance
procedures.
(a) Provision of information. An applicant must provide promptly upon
request to a party considering an offer of financial assistance to
continue existing rail service, and concurrently to the Board, the
following:
(1)(i) In an application or petition for exemption proceeding, an
estimate of the annual subsidy and minimum purchase price required to
keep the line or a portion of the line in operation;
(ii) In a class exemption proceeding, either an estimate of the
annual subsidy or the minimum purchase price, depending upon the type
of financial assistance indicated in the potential offeror's formal
expression of intent submitted under paragraph (c)(2)(i) of this
section;
(2) Its most recent reports on the physical condition of the involved
line; and
(3) Traffic, revenue, and other data necessary to determine the
amount of annual financial assistance that would be required to
continue rail transportation over that part of the railroad line. In
an exemption proceeding, the data to be provided must at a minimum
include the carrier's estimate of the net liquidation value of the
line, with supporting data reflecting available real estate
appraisals, assessments of the quality and quantity of track
materials in a line, and removal cost estimates (including the cost
of transporting removed materials to point of sale or point of
storage for relay use), and, if an offer of subsidy is contemplated,
an estimate of the cost of rehabilitating the line to Federal
Railroad Administration class 1 Safety Standards (49 CFR part 213).
(1) Abandonment and discontinuance applications. The Federal Register
publication, which gives notice of the filing of the application 20
days after the application is filed, will serve as notice to persons
intending to offer financial assistance to assure continued rail
service under 49
U.S.C. 10904 and these regulations as they relate to
abandonment and discontinuance applications. Offers of financial
assistance will be due 120 days after the application is filed or 10
days after a decision granting the application is served, whichever
occurs sooner.
(i) If a petition for individual exemption from the prior approval
requirements of 49
U.S.C. 10903 is filed with the Board for abandonment
or discontinuance of a line of railroad, the Board will publish
notice of the petition in the Federal Register within 20 days of the
filing of the petition. The Federal Register publication will serve
as notice to persons with a potential interest in providing financial
assistance to assure continued rail service on the line under 49
U.S.C. 10904 and these regulations as they relate to
exempt abandonments and discontinuances. Offers of financial
assistance will be due 120 days after the filing of the petition for
exemption or 10 days after service of a Board decision granting the
exemption, whichever occurs sooner.
(ii) If a notice of exemption is filed under the class exemption, the
Board will publish notice of the exemption in the Federal Register
within 20 days of filing. The Federal Register publication will serve
as notice to persons with a potential interest in providing financial
assistance to assure continued rail service on the line under 49
U.S.C. 10904 and these regulations as they relate to
exempt abandonments and discontinuances. Offers of financial
assistance will be due no later than 30 days after the date of the
Federal Register publication giving notice of the exemption.
(c) Submission of financial assistance offer--
(1) Abandonment and discontinuance applications and petitions for
exemption--
(i) Service and filing. An offeror must serve its offer of assistance
on the carrier owning and operating the line and all parties to the
abandonment or discontinuance application or exemption proceeding.
The offer must be filed concurrently with the Chief, Section of
Administration, Office of Proceedings, Surface Transportation Board,
Washington, DC 20423–0001.
(A) An offer may be filed and served at any time after the filing of
the abandonment or discontinuance application or petition for
exemption. Once a decision is served granting an application or
petition for exemption, however, the Board must be notified that an
offer has previously been submitted.
(B) An offer, or notification of a previously filed offer, must be
filed and served no later than 10 days after service of the Board
decision granting the application or petition for exemption. This
filing and service is subject to the requirements of 49
CFR 1152.25 (d)(1), (d)(2),
and (d)(4).
(C) If, after a bona fide request, applicant or petitioner has failed
to provide a potential offeror promptly with the information required
under paragraph (a) of this section and if that information is not
contained in the application or petition, the Board will entertain
petitions to toll the 10-day period for submitting offers of
financial assistance under paragraph (c)(1) of this section.
Petitions must be filed with the Board within 5 days after service of
the decision granting the application or petition for exemption.
Petitions should include copies of the prior written request for
information or an accurate outline of the specific information that
was orally requested. Replies to these petitions must be filed within
10 days after service of the decision granting the application or
petition for exemption. These petitions and replies must be filed on
or before their actual due date under 49
CFR 1152.25(d)(4). The Board will issue a decision on
petitions within 15 days after service of the decision granting the
application or petition for exemption.
(ii) Contents of offer. The offeror shall set forth its offer in
detail. The offer must:
(A) Identify the line, or the portion of the line, in question;
(B) Demonstrate that the offeror is financially responsible; that is,
that it has or within a reasonable time will have the financial
resources to fulfill proposed contractual obligations; governmental
entities will be presumed to be financially responsible; and
(C) Explain the disparity between the offeror's purchase price or
subsidy if it is less than the carrier's estimate under paragraph
(a)(1) of this section, and explain how the offer of subsidy or
purchase is calculated.
(2) Class exemption proceedings.
(i) Expression of intent to file offer. Persons with a potential
interest in providing financial assistance must, no later than 10
days after the Federal Register publication described in paragraph
(b)(2)(ii) of this section, submit to the carrier and the Board a
formal expression of their intent to file an offer of financial
assistance, indicating the type of financial assistance they wish to
provide (i.e., subsidy or purchase). Such submissions are subject to
the filing requirements of §
1152.25(d)(1) through (d)(3).
Submission of a formal expression of intent under this subsection
will automatically stay the effective date of the notice of exemption
under the class exemption for 40 days (normally, this will be 10 days
beyond the date stated in the Federal Register publication).
(ii) Service and filing. An offeror must serve its offer of
assistance on the carrier that instituted the exempt filing as well
as all other parties to the proceeding. The offer must be filed
concurrently with the Chief, Section of Administration, Office of
Proceedings, Surface Transportation Board, Washington, DC 20423–0001.
(A) An offer may be filed and served at any time after the filing of
the notice of exemption. Once a notice of exemption is published in
the Federal Register, however, the Board must be notified that an
offer has previously been submitted.
(B) An offer, or notification of a previously filed offer, must be
filed and served no later than 30 days after the Federal Register
publication described in paragraph (b)(2)(ii) of this section. This
filing and service is subject to the requirements of 49
CFR 1152.25(d)(1), (d)(2),
and (d)(4).
(C) If, after a bona fide request, applicant has failed to provide a
potential offeror promptly with the information required under
paragraph (a) of this section and if that information is not
contained in the notice of exemption, the Board will entertain
petitions to toll the 30–day period for submitting offers of
financial assistance under paragraph (c)(2) of this section.
Petitions must be filed with the Board within 25 days after
publication in the Federal Register (as described in paragraph
(b)(2)(ii) of this section). Petitions should include copies of the
prior written request for information or an accurate outline of the
specific information that was orally requested. Replies to these
petitions must be filed within 30 days after publication. These
petitions and replies must be filed on or before their actual due
date under 49
CFR 1152.25(d)(4). The Board will issue a decision on
petitions to toll the offer period within 35 days after publication.
(D) Upon receipt of a formal expression of intent to file an offer
under paragraph (c)(2)(i) of this section, the rail carrier applicant
may advise the Board and the potential offeror that additional time
is needed to develop the information required under paragraph (a) of
this section. Applicant shall expressly indicate the amount of time
it considers necessary (not to exceed 60 days) to develop and submit
the required information to the potential offeror. For the duration
of the time period so indicated by the applicant, the 30–day
period for submitting offers of financial assistance under paragraph
(c)(2) of this section shall be tolled without formal Board action.
(iii) Contents of offer. The offeror shall set forth its offer in
detail. The offer must meet the requirements of paragraph (c)(1)(ii)
of this section.
(d) Access to documents. Upon receipt by the carrier of a written
comment under §
1152.25 or a formal expression of intent under
paragraph (c)(2)(i) of this section indicating an intent to offer
financial assistance, or upon receipt by the carrier of an offer of
financial assistance, whichever occurs earlier, the carrier must make
available to that party or offeror the records, accounts, appraisals,
working papers, and other documents used in preparing Exhibit 1 (§
1152.36) or, if an exemption proceeding, those
documents that would have been used in preparing Exhibit 1 had an
abandonment or discontinuance application been filed, or other
records, reports, and data in the possession of the carrier seeking
the exemption that provide comparable data. These documents shall be
made available during regular business hours at a time and place
mutually agreeable to the parties.
(1) Abandonment and discontinuance applications. The Board will
review each offer submitted to determine if a financially responsible
person has offered assistance. If that criterion is met, the Board
will issue a decision postponing the effective date of the
authorization for abandonment or discontinuance. This decision will
be issued within 15 days of the service of the decision granting the
application (or within 5 days after the offer is filed if the time
for filing has been tolled under paragraph (c)(1)(i)(C) of this
section, or within 5 days after expiration of the 120 day (4 month)
period described in 49
U.S.C. 10904, if that occurs first). Under the
delegation of authority at §
1011.7(a), the Director of the Office of Proceedings
will make the initial determination whether offers of financial
assistance satisfy the standards of 49
U.S.C. 10904(d) for purposes of instituting
negotiations. Appeals of initial decisions determining whether offers
of financial assistance satisfy the standards of 49
U.S.C. 10904(d) for purposes of instituting
negotiations will be acted upon by the entire Board pursuant to 49
CFR 1011.2(a)(7).
(2) Exemption proceedings. The Board will review each offer submitted
to determine if a financially responsible person has offered
assistance. If that criterion is met, the Board will postpone the
effective date either of the decision granting a petition for
individual exemption or the notice of exemption under the class
exemption and partially revoke the exemption or (in the case of a
class exemption) the notice of exemption to the extent it applies to
49
U.S.C. 10904. The decision to postpone and partially
revoke will be issued within 15 days of the service date of a
decision granting a petition for exemption, or within 35 days of the
Federal Register publication described in paragraph (b)(2)(ii) of
this section (or within 5 days after the offer is filed if the time
for filing has been tolled under paragraph (c)(1)(i)(C) or (c)(2)(ii)
(C) or (D) of this section). Under the delegation of authority at
section
1011.7(a), the Director of the Office of Proceedings
will make the initial determination whether offers of financial
assistance satisfy the standards of 49
U.S.C. 10904(d) for purposes of partial revocation and
institution of negotiations. Appeals of initial decisions determining
whether offers of financial assistance satisfy the standards of 49
U.S.C. 10904(d) for purposes of partial revocation and
institution of negotiations will be acted upon by the entire Board
pursuant to 49
CFR 1011.2(a)(7).
(f) Agreement on financial assistance.
(1) If the carrier and a person offering financial assistance enter
into a subsidy agreement designed to provide for continued rail
service, the Board will postpone the effective date of the
abandonment or discontinuance. If a decision granting a petition for
individual exemption, or a notice of exemption, has been issued, the
Board will postpone the effective date of the decision or notice of
exemption. The postponement will be for as long as the subsidy
agreement is in effect.
(2) If the carrier and a person offering to purchase a line enter
into a purchase agreement which will result in continued rail
service, the Board will approve the transaction and dismiss the
application for abandonment or discontinuance, or the petition for
exemption or notice of exemption. Board approval is not required
under 49
U.S.C. 10901, 10902,
or 11323
for the parties to consummate the transaction or for the purchaser to
institute service and operate as a railroad subject to 49
U.S.C. 10501(a).
(g) Failure to reach agreement on financial assistance.
(1) If the carrier and a financially responsible person fail to agree
on the amount or terms of subsidy or purchase, either party may
request the Board to establish the conditions and amount of
compensation. This request must be filed with the Board within 30
days after the offer is made and served concurrently by overnight
mail on all parties to the proceeding. The request must be
accompanied by the appropriate fee, codified at 49
CFR 1002.2(f)(26). Replies will be due 5 days later.
(2) If no agreement is reached within 30 days after the offer of
purchase or subsidy is made, and no request is made to the Board to
set the conditions and amount of compensation under paragraph (g)(1)
of this section, the Board will serve a decision vacating the prior
decision, which postponed the effective date of the decision granting
the application, the decision granting the exemption, or the notice
of exemption and, which, if applicable, partially revoked either the
decision granting the exemption or (in the case of a class exemption)
the notice of exemption. The Board will issue the decision to vacate
within 10 days of the due date for requesting the Board to set the
conditions and amount of compensation, and the Board will make the
decision to vacate effective on its date of service.
(h) Request to establish conditions and compensation for financial
assistance.
(1) If the Board is requested to establish conditions and
compensation for financial assistance under paragraph (g)(1) of this
section, the Board will issue a decision within 30 days after the
request is due.
(2) If the applicant receives multiple offers of financial
assistance, requests to establish conditions and compensation will
not be permitted before the applicant selects the offeror with whom
it wishes to transact business. (See paragraph (l)(1) of this
section.)
(3) A party requesting the Board to establish conditions and
compensation for financial assistance must, within the time period
set forth in paragraph (h)(4) of this section, provide its case in
chief, including reasons why its estimates are correct and the other
negotiating party's estimates are incorrect, points of agreement and
points of disagreement between the negotiating parties, and evidence
substantiating these allegations. The offeror has the burden of proof
as to all issues in dispute.
(4) The offeror must submit all evidence and information supporting
the terms it seeks within 30 days after the offer is made. The
carrier's reply to this evidence and support for the terms it seeks
are due within 35 days after the offer is made. No rebuttal evidence
will be permitted and evidence and information submitted after these
dates will be rejected.
(5) If requested, the Board will determine the amount and terms of
subsidy based on the avoidable cost of providing continued rail
transportation, plus a reasonable return on the value of the line.
Under 49
U.S.C. 10904(f)(4)(B), no subsidy arrangement approved
under section
10904 shall remain in effect for more than one year
unless mutually agreed by the parties.
(6) If requested, the Board will determine the price and other terms
of sale. The Board will not set a price below the fair market value
of the line (including, unless otherwise agreed upon by the parties,
all facilities on the line or portion necessary to provide effective
transportation services). Fair market value equals constitutional
minimum value which is the greater of the net liquidation value of
the line or the going concern value of the line. The constitutional
minimum value is computed without regard to labor protection costs.
(7) Within 10 days of the service date of the Board's decision, the
offeror must accept or reject the Board's terms and conditions with a
written notification to the Board and all parties to the proceeding.
If the offeror accepts the terms and conditions set by the Board, the
Board's decision is binding on both parties. If the offeror withdraws
its offer or does not accept the terms and conditions set by the
Board with a timely written notification, the Board will serve,
within 20 days after the service date of the Board decision setting
the terms and conditions, a decision vacating the prior decision,
which postponed the effective date of either the decision granting
the application or exemption or the notice of exemption, and which,
if applicable, partially revoked the exemption or (in the case of a
class exemption) the notice of exemption (unless other offers are
being considered under paragraph (l) of this section). The decision
to vacate will be effective on its date of service.
(i) Substitution of purchasers and disposition after sale.
(1) Prior to the consummation of a purchase under this section, an
offeror may substitute its corporate affiliate as the purchaser under
an agreement, provided the Board has determined either:
(i) The original offeror has guaranteed the financial responsibility
of its affiliate; or
(ii) The affiliate has demonstrated financial responsibility in its
own right.
(2) Except as provided in paragraph (i)(3) of this section, a
purchaser under this section may not:
(i) Transfer the line or discontinue service over the line prior to
the end of the second year after consummation of the original sale
under these provisions; or
(ii) Transfer the line, except to the carrier from whom the line was
purchased, prior to the end of the fifth year after consummation.
(3) Paragraph (i)(2) of this section does not preclude a purchaser
under this section from transferring the line to a corporate
affiliate following the consummation of the original sale. Prior
Board approval of the affiliate's acquisition and operation, however,
is required under 49
U.S.C. 10901, 10902,
or 11323.
A corporate affiliate acquiring a line under this section is
prohibited from discontinuing service over the line or transferring
the line to a party that is not a corporate affiliate during the time
periods prescribed in paragraph (i)(2) of this section.
(j) Discontinuance of subsidy. A subsidizer may discontinue a subsidy
under this section by giving 60 days notice of the discontinuance to
the applicant and all other parties to the proceeding. Unless another
financially responsible party enters into a subsidy agreement as
beneficial to the carrier as the discontinued subsidy agreement in a
situation where the 1-year time limit of 49
U.S.C. 10904(f)(4)(B) has not yet run, the carrier may
by filing a request with the Board and serving the request on all
parties to the abandonment or exemption proceeding obtain a decision
vacating the decision postponing the effective date of either the
decision granting the application, or petition for individual
exemption, or the notice of exemption. The Board will issue a
decision to vacate within 10 days after the filing and service of the
request. This decision to vacate will be effective on its service
date.
(k) Default on agreement. If any party defaults on its obligations
under a financial assistance agreement, any other party to the
agreement may promptly inform the Board of that default. Upon
notification, the Board will take appropriate action.
(l) Multiple offers of financial assistance.
(1) If an applicant receives more than one offer to purchase or
subsidize the line from offerors found to be financially responsible,
the applicant must select the offeror from those with whom it wishes
to transact business. In abandonment and discontinuance application
and petition for exemption proceedings within 25 days after service
of the decision granting the application or petition for exemption,
and in class exemption proceedings within 45 days after the Federal
Register publication described in paragraph (b)(2)(ii) of this
section, the railroad must:
(i) File a written notification of its selection with the Board; and
(ii) Serve a copy of the notification on all parties to the
proceeding.
(2)(i) Abandonment and discontinuance applications and petitions for
exemption. If the applicant has received multiple offers of financial
assistance from persons found to be financially responsible and has
selected the offeror with whom it wishes to transact business, the
negotiating parties shall complete the sale or subsidy agreement or
request the Board to establish the conditions and amount of
compensation within 40 days after the service date of the decision
granting the application or petition for exemption. A request to the
Board to set terms and conditions must be served concurrently on all
parties to the proceeding. If no agreement on subsidy or sale is
reached within the 40-day period and the Board has not been requested
to establish the conditions and amount of compensation, any other
financially responsible offeror may request the Board to establish
the conditions and amount of compensation. This request must be filed
at the Board within 50 days of the service date of the decision
granting the application or petition for exemption and served
concurrently on all parties to the proceeding. If no other request is
filed, the Board will issue a decision authorizing abandonment or
discontinuance within 60 days of the service date of the decision
granting the application or petition for exemption. This decision
will be effective on the date of service.
(ii) Class exemption proceedings. If the carrier seeking the
exemption has received multiple offers of financial assistance from
persons found to be financially responsible and has selected the
offeror with whom it wishes to transact business, the negotiating
parties shall complete the sale or subsidy agreement or request the
Board to establish the conditions and amount of compensation within
60 days after the Federal Register publication described in paragraph
(b)(2)(ii) of this section. A request to the Board to set terms and
conditions must be served concurrently on all parties to the
proceeding. If no agreement on subsidy or sale is reached within the
60-day period and the Board has not been requested to establish the
conditions and amount of compensation, any other financially
responsible offeror may request the Board to establish the conditions
and amount of compensation. This request must be filed at the Board
within 70 days of the Federal Register publication described in
paragraph (b)(2)(ii) of this section and served concurrently on all
parties to the proceeding. If no other request is filed, the Board
will issue a decision vacating the decision postponing the effective
date of the notice of exemption within 80 days of the Federal
Register publication described in paragraph (b)(2)(ii) of this
section. The decision to vacate will be effective on the date of
service.
(3) If the Board has established the conditions and amount of
compensation, and the original offer is withdrawn under paragraph
(h)(7) of this section, any other offeror found to be financially
responsible may accept the Board's decision within 20 days after the
service date of the Board's decision setting terms and conditions. If
the decision is accepted by another such offeror, the Board will
require the applicant to accept the terms incorporated in the Board's
decision.
(m) Additional time for filing. Notwithstanding the deadlines
previously set forth in part 1152 for filing an offer of financial
assistance, parties that can show that they would be materially
prejudiced by having less than the full 4 months for filing an offer
of financial assistance provided in 49
U.S.C. 10904(c) for application proceedings may seek
relief under 49 CFR part 1117.
(n) Special provisions for summary discontinuance and abandonment of
lines not part of the Final System Plan.
(1) Board authorization is not needed for the cessation of service on
a line of railroad formerly in reorganization that was not included
in the Final System Plan (Plan) under the Regional Rail
Reorganization Act of 1973, 45
U.S.C. 701 et seq., as amended by the Railroad
Revitalization and Regulatory Reform Act of 1976, if the line has
been continuously subsidized since the inception of the Plan. To
provide an opportunity for rail service continuation through offers
of financial assistance, however, the owner of the line must give not
less than 60 days' notice of a discontinuance, and beginning 120 days
after discontinuance, not less than 30 days' notice of abandonment.
Designated operators need only comply with the notice requirements of
§
1150.11 of this title. In instances of discontinuance
by a designated operator, the line owner is not obligated to operate
the line. Notice is to be sent by the line owner to the Board, the
governor and transportation agencies and the government of each
political subdivision of each state in which such rail properties are
located and to each shipper who has used the rail service during the
previous 12 months. The Board will generally apply the OFA procedures
in this section (49 CFR 1152.27) for class exemptions to summary
abandonment and discontinuance notices (except that the Board will
not postpone the effective date of a summary discontinuance). For
example, notice of summary abandonment or discontinuance will be
published by the Board in the Federal Register within 20 days of
filing. Paragraph (b)(2)(ii) of this section. Expressions of intent
to file an offer must be filed no later than 10 days after the
Federal Register publication. Paragraph (c)(2)(i) of this section. An
offer must be filed within 30 days of the Federal Register
publication. Paragraphs (b)(2)(ii) and (c)(2)(ii)(B) of this section.
The Board will review offers to determine if a financially
responsible person has offered assistance. If this criterion is met,
the Board will postpone the effective date of the summary abandonment
(but not the discontinuance) within 35 days of the Federal Register
publication. Paragraph (e)(2) of this section. If the carrier and
financially responsible person fail to agree on the amount or terms
of subsidy or purchase, either party may request the Board to
establish the conditions and amount of the compensation. This request
must be filed within 30 days after the offer of purchase or subsidy
is made, and the Board will issue a decision within 30 days after the
request is due. Paragraphs (g)(1) and (h)(1) of this section.
(2) Where a designated operator is being used, it shall be paid a reasonable management fee. If the parties cannot agree on this fee, it shall be four and one-half percent of the total annual revenues attributable to the branch.
[63
FR 28290, May 22, 1998; 74
FR 52909, Oct. 15, 2009; 75
FR 30713, June 2, 2010]
SOURCE: 61
FR 67883, Dec. 24, 1996; 63
FR 28290. May 22, 1998, unless otherwise noted.
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 (1995) (section 204 of the ICC Termination Act of 1995), 721(a), 10502, 10903–10905, and 11161.
49 C.F.R. § 1152.28 Public use procedures.
(a)(1) If the Board finds that the present or future public
convenience and necessity require or permit abandonment or
discontinuance, the Board will determine if the involved rail
properties are appropriate for use for other public purposes.
(2) A request for a public use condition under 49
U.S.C. 10905 must be in writing and set forth:
(ii) The public importance of the condition;
(iii) The period of time for which the condition would be effective
(up to the statutory maximum of 180 days); and
(iv) Justification for the imposition of the time period. A copy of
the request shall be mailed to the applicant.
(3) For applications filed under part 1152, subpart C, a request for
a public use condition must be filed not more than 45 days after the
application is filed. A decision on the public use request will be
issued by the Board or the Director of the Office of Proceedings
prior to the effective date of the abandonment. For abandonment
exemptions under part 1152, subpart F or exemptions granted on the
basis of an individual petition for exemption filed under 49
U.S.C. 10502, a request for a public use condition
must be filed not more than 20 days from the date of publication of
the notice of exemption in the Federal Register in the case of class
exemptions under subpart F of this part, or not more than 20 days
from the date of publication of notice of the filing of the petition
for individual exemption in the Federal Register.
(b) If the Board finds that the rail properties are appropriate for
use for other public purposes, the railroad may dispose of the rail
properties only under the conditions described in the Board's
decision. The conditions imposed by the Board may include a
prohibition against the disposal of the rail assets for a period of
not more than 180 days from the effective date of the decision
authorizing the abandonment or discontinuance, unless the properties
have first been offered, on reasonable terms, for sale for public
purposes. This period will run concurrently with any other
postponements. Jurisdiction to impose such conditions expires after
180 days from the effective date of the decision authorizing the
abandonment or discontinuance.
SOURCE: 61
FR 67883, Dec. 24, 1996; 63
FR 28290. May 22, 1998, unless otherwise noted.
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 (1995) (section 204 of the ICC Termination Act of 1995), 721(a), 10502, 10903–10905, and 11161.
49 C.F.R. § 1152.29 Prospective use of rights-of-way
for interim trail use and rail banking.
(a) If any state, political subdivision, or qualified private
organization is interested in acquiring or using a right-of-way of a
rail line proposed to be abandoned for interim trail use and rail
banking pursuant to 16
U.S.C. 1247(d), it must file a comment or otherwise
include a request in its filing (in a regulated abandonment
proceeding) or a petition (in an exemption proceeding) indicating
that it would like to do so. The comment/request or petition must
include:
(1) A map depicting, and an accurate description of, the
right-of-way, or portion thereof (including mileposts), proposed to
be acquired or used;
(2) A statement indicating the trail sponsor's willingness to assume
full responsibility for:
(i) Managing the right-of-way;
(ii) Any legal liability arising out of the transfer or use of the
right-of-way (unless the user is immune from liability, in which case
it need only indemnify the railroad against any potential liability);
and
(iii) The payment of any and all taxes that may be levied or assessed
against the right-of-way; and
(3) An acknowledgment that interim trail use is subject to the
sponsor's continuing to meet its responsibilities described in
paragraph (a)(2) of this section, and subject to possible future
reconstruction and reactivation of the right-of-way for rail service.
The statement must be in the following form:
Statement of Willingness To Assume Financial Responsibility
In order to establish interim trail use and rail banking under 16
U.S.C. 1247(d) and 49 CFR 1152.29 with respect to the
right-of-way owned by ________ (Railroad) and operated by ________
(Railroad), ________ (Interim Trail Sponsor) is willing to assume
full responsibility for: (1) Managing the right-of-way, (2) any legal
liability arising out of the transfer or use of the right-of-way
(unless the sponsor is immune from liability, in which case it need
only indemnify the railroad against any potential liability), and (3)
the payment of any and all taxes that may be levied or assessed
against the right of way. The property, known as ________ (Name of
Branch Line), extends from railroad milepost ________ near
________(Station Name), to railroad milepost ______, near ________
(Station name), a distance of ______ miles in [County(ies), (State(s)
]. The right-of-way is part of a line of railroad proposed for
abandonment in Docket No. STB AB ________ (Sub–No. ________). A
map of the property depicting the right-of-way is attached.
________ (Interim Trail Sponsor) acknowledges that use of the
right-of-way is subject to the sponsor's continuing to meet its
responsibilities described above and subject to possible future
reconstruction and reactivation of the right-of-way for rail service.
A copy of this statement is being served on the railroad(s) on the
same date it is being served on the Board.
(b)(1) In abandonment application proceedings under 49
U.S.C. 10903, interim trail use statements are due
within the 45-day protest and comment period following the date the
abandonment application is filed. See §
1152.25(c). The applicant carrier's response notifying
the Board whether and with whom it intends to negotiate a trail use
agreement is due within 15 days after the close of the protest and
comment period (i.e., 60 days after the abandonment application is
filed).
(i) In every proceeding where a Trails Act request is made, the Board
will determine whether the Trails Act is applicable.
(ii) If the Trails Act is not applicable because of failure to comply
with § 1152.29(a), or is applicable but the carrier either does
not intend to negotiate an agreement, or does not timely notify the
Board of its intention to negotiate, a decision on the merits will be
issued and no Certificate of Interim Trail Use or Abandonment (CITU)
will be issued. If the carrier is willing to negotiate an agreement,
and the public convenience and necessity permit abandonment, the
Board will issue a CITU.
(2) In exemption proceedings, a petition containing an interim trail
use statement is due within 10 days after the date the notice of
exemption is published in the Federal Register in the case of a class
exemption and within 20 days after publication in the Federal
Register of the notice of filing of a petition for exemption in the
case of a petition for exemption. When an interim trail use
comment(s) or petition(s) is filed in an exemption proceeding, the
railroad's reply to the Board (indicating whether and with whom it
intends to negotiate an agreement) is due within 10 days after the
date a petition requesting interim trail use is filed.
(3) Late-filed trail use statements must be supported by a statement
showing good cause for late filing.
(c) Regular abandonment proceedings.
(1) If continued rail service does not occur pursuant to 49
U.S.C. 10904 and Sec.
1152.27, and a railroad agrees to negotiate an interim
trail use/rail banking agreement, then the Board will issue a CITU to
the railroad and to the interim trail sponsor for that portion of the
right-of-way as to which both parties are willing to negotiate. The
CITU will: Permit the railroad to discontinue service, cancel any
applicable tariffs, and salvage track and material consistent with
interim trail use and rail banking, as long as it is consistent with
any other Board order, 30 days after the date the CITU is issued; and
permit the railroad to fully abandon the line if no trail use
agreement is reached 180 days after the CITU is issued, subject to
appropriate conditions, including labor protection and environmental
matters.
(2) The CITU will indicate that any interim trail use is subject to
future restoration of rail service and to the sponsor's continuing to
meet its responsibilities described in paragraph (a)(2) of this
section. The CITU will also provide that, if an interim trail use
agreement is reached (and thus interim trail use established), the
parties shall file the notice described in paragraph (h) of this
section. Additionally, the CITU will provide that if the sponsor
intends to terminate interim trail use on all or any portion of the
right-of-way covered by the interim trail use agreement, it must send
the Board a copy of the CITU and request that it be vacated on a
specified date. If a party requests that the CITU be vacated for only
a portion of the right-of-way, the Board will issue an appropriate
replacement CITU covering the remaining portion of the right-of-way
subject to the interim trail use agreement. The Board will reopen the
abandonment proceeding, vacate the CITU, and issue a decision
permitting immediate abandonment for the involved portion of the
right-of-way. Copies of the decision will be sent to:
(i) The abandonment applicant;
(ii) The owner of the right-of-way; and
(iii) The current trail sponsor.
(3) If an application to construct and operate a rail line over the
right-of-way is authorized under 49
U.S.C. 10901 and 49 CFR part 1150, or exempted under
49
U.S.C. 10502, then the CITU will be vacated
accordingly.
(d) Exempt abandonment proceedings.
(1) If continued rail service does not occur under 49
U.S.C. 10904 and 1152.27 and a railroad agrees to
negotiate an interim trail use/rail banking agreement, then the Board
will issue a Notice of Interim Trail Use or Abandonment (NITU) to the
railroad and to the interim trail sponsor for the portion of the
right-of-way as to which both parties are willing to negotiate. The
NITU will: Permit the railroad to discontinue service, cancel any
applicable tariffs, and salvage track and materials, consistent with
interim trail use and rail banking, as long as it is consistent with
any other Board order, 30 days after the date the NITU is issued; and
permit the railroad to fully abandon the line if no agreement is
reached 180 days after the NITU is issued, subject to appropriate
conditions, including labor protection and environmental matters.
(2) The NITU will indicate that interim trail use is subject to
future restoration of rail service and to the sponsor's continuing to
meet its responsibilities described in paragraph (a)(2) of this
section. The NITU will also provide that, if an interim trail use
agreement is reached (and thus interim trail use established), the
parties shall file the notice described in paragraph (h) of this
section. Additionally, the NITU will provide that if the sponsor
intends to terminate interim trail use on all or any portion of the
right-of-way covered by the interim trail use agreement, it must send
the Board a copy of the NITU and request that it be vacated on a
specific date. If a party requests that the NITU be vacated for only
a portion of the right-of-way, the Board will issue an appropriate
replacement NITU covering the remaining portion of the right-of-way
subject to the interim trail use agreement. The Board will reopen the
exemption proceeding, vacate the NITU, and issue a decision
reinstating the exemption for that portion of the right-of-way.
Copies of the decision will be sent to:
(i) The abandonment exemption applicant;
(ii) The owner of the right-of-way; and
(iii) The current trail sponsor.
(3) If an application to construct and operate a rail line over the
right-of-way is authorized under 49
U.S.C. 10901 and 49 CFR part 1150, or exempted under
49
U.S.C. 10502, then the NITU will be vacated
accordingly.
(e)(1) Where late-filed trail use statements are accepted, the
Director (or designee) will telephone the railroad to determine
whether abandonment has been consummated and, if not, whether the
railroad is willing to negotiate an interim trail use agreement. The
railroad shall confirm, in writing, its response, within 5 days. If
abandonment has been consummated, the trail use request will be
dismissed. If abandonment has not been consummated but the railroad
refuses to negotiate, then trail use will be denied. If abandonment
has not been consummated and the railroad is willing to negotiate,
the abandonment proceeding will be reopened, the abandonment decision
granting an application, petition for exemption or notice of
exemption will be vacated, and an appropriate CITU or NITU will be
issued. The effective date of the CITU or NITU will be the same date
as the vacated decision or notice.
(2) A railroad that receives authority from the Board to abandon a
line (in a regulated abandonment proceeding under 49
U.S.C. 10903, or by individual or class exemption
issued under 49
U.S.C. 10502) shall file a notice of consummation with
the Board to signify that it has exercised the authority granted and
fully abandoned the line (e.g., discontinued operations, salvaged the
track, canceled tariffs, and intends that the property be removed
from the interstate rail network). The notice shall provide the name
of the STB proceeding and its docket number, a brief description of
the line, and a statement that the railroad has consummated, or fully
exercised, the abandonment authority on a certain date. The notice
shall be filed within 1 year of the service date of the decision
permitting the abandonment (assuming that the railroad intends to
consummate the abandonment). Notices will be deemed conclusive on the
point of consummation if there are no legal or regulatory barriers to
consummation (such as outstanding conditions, including Trails Act
conditions). If, after 1 year from the date of service of a decision
permitting abandonment, consummation has not been effected by the
railroad's filing of a notice of consummation, and there are no legal
or regulatory barriers to consummation, the authority to abandon will
automatically expire. In that event, a new proceeding would have to
be instituted if the railroad wants to abandon the line. Copies of
the railroad's notice of consummation shall be filed with the Chief,
Section of Administration, Office of Proceedings. In addition, the
notice of consummation shall be sent to the State Public Service
Commission (or equivalent agency) of every state through which the
line passes. If, however, any legal or regulatory barrier to
consummation exists at the end of the 1–year time period, the
notice of consummation must be filed not later than 60 days after
satisfaction, expiration or removal of the legal or regulatory
barrier. For good cause shown, a railroad may file a request for an
extension of time to file a notice so long as it does so sufficiently
in advance of the expiration of the deadline for notifying the Board
of consummation to allow for timely processing.
(f)(1) When a trail user intends to terminate trail use and another
person intends to become a trail user by assuming financial
responsibility for the right-of-way, then the existing and future
trail users shall file, jointly:
(i) A copy of the extant CITU or NITU; and
(ii) A Statement of Willingness to Assume Financial Responsibility by
the new trail user.
(iii) An acknowledgement that interim trail use is subject to
possible future reconstruction and reactivation of the right-of-way
for rail service.
(2) The parties shall indicate the date on which responsibility for
the right-of-way is to transfer to the new trail user. The Board will
reopen the abandonment or exemption proceeding, vacate the existing
NITU or CITU; and issue an appropriate replacement NITU or CITU to
the new trail user.
(g) In proceedings where a timely trail use statement is filed, but
due to either the railroad's indication of its unwillingness to
negotiate interim trail use agreement, or its failure to timely
notify the Board of its willingness to negotiate, a decision
authorizing abandonment or an exemption notice or decision is issued
instead of a CITU or NITU, and subsequently the railroad and trail
use proponent nevertheless determine to negotiate an interim trail
use agreement under the Trails Act, then the railroad and trail use
proponent must file a joint pleading requesting that an appropriate
CITU or NITU be issued. If the abandonment has not been consummated,
the Board will reopen the proceeding, vacate the outstanding decision
or notice (or portion thereof), and issue an appropriate CITU or NITU
that will permit the parties to negotiate for a period agreed to by
the parties in their joint filing, but not to exceed 180 days, at the
end of which, the CITU or NITU will convert into a decision or notice
permitting abandonment.
(h) When the parties negotiating for rail banking/interim trail use
reach an agreement, the trail sponsor and railroad shall jointly
notify the Board within 10 days that the agreement has been reached.
The notice shall include a map depicting, and an accurate description
of, the involved right-of-way or portion thereof (including
mileposts) that is subject to the parties' interim trail use
agreement and a certification that the interim trail use agreement
includes provisions requiring the sponsor to fulfill the
responsibilities described in paragraph (a)(2) of this section.
Additionally, if the interim trail use agreement establishes interim
trail use over less of the right-of-way than is covered by the CITU
or NITU, the notice shall also include a request that the Board
vacate the CITU or NITU and issue a replacement CITU/NITU for only
the portion of the right-of-way covered by the interim trail use
agreement. The Board will reopen the abandonment proceeding, vacate
the CITU or NITU, issue an appropriate replacement CITU or NITU for
only the portion of the right-of-way covered by the interim trail use
agreement, and issue a decision permitting immediate abandonment of
the portion of the right-of-way not subject to the interim trail use
agreement. Copies of the decision will be sent to:
(1) The rail carrier that sought abandonment authorization;
(2) The owner of the right-of-way; and
(3) The current trail sponsor.
[62
FR 34670, June 27, 1997; 64
FR 53268, Oct. 1, 1999; 74
FR 52910, Oct. 15, 2009; 77
FR 25914, May 2, 2012]
SOURCE: 61
FR 67883, Dec. 24, 1996; 63
FR 28290. May 22, 1998, unless otherwise noted.
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 (1995) (section 204 of the ICC
Termination Act of 1995), 721(a), 10502, 10903–10905, and
11161.
| File Type | application/msword |
| File Title | 49 C |
| Author | OehrleC |
| Last Modified By | OehrleC |
| File Modified | 2012-08-09 |
| File Created | 2012-08-09 |