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Pt. 1152
49 CFR Ch. X (10–1–16 Edition)
(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:
(1) Either
(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. 10707, which limits Board maximum ratemaking juris-
diction to rates above certain cost/
price ratios.
[48 FR 9654, Mar. 8, 1983, as amended at 81 FR
8855, Feb. 23, 2016]
PART 1152—ABANDONMENT AND
DISCONTINUANCE OF RAIL LINES
AND
RAIL
TRANSPORTATION
UNDER 49 U.S.C. 10903
Subpart A—General
Sec.
1152.1
1152.2
Purpose and scope.
Definitions.
Subpart B—System Diagram
1152.10 System diagram map.
1152.11 Description of lines to accompany
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 C—Procedures Governing Notice,
Applications, Financial Assistance, Acquisition for Public Use, and Trail Use
1152.20 Notice of intent to abandon or discontinue 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 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 D—Standards for Determining
Costs, Revenues, and Return on Value
1152.30 General.
1152.31 Revenue and income attributable to
branch lines.
1152.32 Calculation of avoidable costs.
1152.33 Apportionment rules for the assignment 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.
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Surface Transportation Board
§ 1152.2
Subpart E [Reserved]
(b) Act means the ICC Termination
Act of 1995 (Pub. L. 104–88, 109 Stat.
803), as amended.
(c) Base year means the latest 12month period, ending no earlier than 6
months prior to the filing of the abandonment or discontinuance application, for which data have been collected at the branch level as prescribed
in § 1152.30(b).
(d) Board means the Surface Transportation Board.
(e) Branch means a segment of line
for which an application for abandonment or discontinuance, 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 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 R–1 means the railroad’s annual report filed with the Board in accordance 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 financially responsible person offering rail
service continuation assistance under
49 U.S.C. 10904.
(k) URCS means the Uniform Railroad 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 originated and/or received 50 or more carloads, on the line proposed for abandonment or discontinuance, during the
12-month period preceding the month
in which notice is given of the abandonment or discontinuance application.
(m) Subsidy year means any 12-month
period for which a subsidy agreement
has been negotiated and is in operation.
Subpart F—Exempt Abandonments and
Discontinuances of Service and Trackage Rights
1152.50 Exempt
abandonments
and
discontinuances of service and trackage
rights.
Subpart G—Special Rules Applicable to
Petitions
for
Abandonments
or
Discontinuances of Service or Trackage Rights Filed Under the 49 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
(1995) (section 204 of the ICC Termination
Act of 1995), 721(a), 10502, 10903–10905, and
11161.
SOURCE: 61 FR 67883, Dec. 24, 1996, unless
otherwise noted.
Subpart A—General
§ 1152.1
Purpose and scope.
(a) 49 U.S.C. 10903 et seq. governs
abandonment of rail lines and discontinuance 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 future public convenience and necessity
require or permit the abandonment or
discontinuance.
(b) Part 1152 contains regulations
governing abandonment of, and discontinuance of service over, rail lines.
This part also sets forth procedures for
providing financial assistance to assure
continued rail freight service 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.
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§ 1152.2
Definitions.
Unless otherwise provided in the text
of the regulations, the following definitions apply in this part:
(a) Account means an account in the
Board’s Uniform System of Accounts
for Railroad Companies (49 CFR part
1201).
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§ 1152.10
49 CFR Ch. X (10–1–16 Edition)
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Subpart B—System Diagram
§ 1152.10 System diagram map.
(a) Each carrier shall prepare a diagram of its rail system on a map, designating 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 file only a narrative description of its lines that provides all of the information required in
this subpart.
(b) All lines in each carrier’s rail system shall be separated into the following categories:
(1) All lines or portions of lines which
the carrier anticipates will be the subject of an abandonment or discontinuance 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 abandonment, defined as those which the carrier has under study and believes may
be the subject of a future abandonment
application because of either anticipated operating losses or excessive rehabilitation costs, as compared to potential revenues;
(3) All lines or portions of lines for
which an abandonment or discontinuance application is pending before the
Board on the date upon which the diagram or narrative, or any amended diagram or narrative, is filed with the
Board;
(4) All lines or portions of lines which
are being operated under the rail service continuation provisions of 49 U.S.C.
10904 (and former 49 U.S.C. 10905) on the
date upon which the diagram or narrative, or any amended diagram or narrative, 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:
(1) Red shall designate those lines described 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 designate
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 which is listed
in categories 1 thru 4 (§ 1152.10(b)(1)
thru (4));
(3) Every Standard Metropolitan Statistical Area (SMSA) any portion of
which is located within 5 air miles of a
rail line owned or operated by the carrier; and
(4) Every city outside an SMSA
which has a population of 5,000 or more
persons (according to the latest published 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 congested area. An explanation of the
interrelationship must be furnished.
§ 1152.11 Description of lines to accompany the system diagram map or information 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 lines
or portions of lines identified on its
system diagram map or to be included
in its narrative as falling within categories 1 thru 3 (§ 1152.10(b)(1) thru (3))
as follows:
(a) Carrier’s designation for each line
(for example, the Zanesville Secondary
Track);
(b) State or states in which each line
is 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 located on each line or portion of line
with milepost designations.
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Surface Transportation Board
§ 1152.14
§ 1152.12 Filing and publication.
(a) Each carrier required to file a system diagram map or a narrative shall
file with the Board three copies of a
complete and up-dated color-coded system diagram map or narrative (identified by its ‘‘AB number’’) and the accompanying line descriptions in conformance with the filing and publication requirements of this section. If a
revised 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
Public Service Commission (or equivalent agency) and the designated state
agency of each state within which the
carrier operates or owns a line of railroad.
(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 system diagram 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 notice:
(i) In each agency station or terminal
on each line in categories 1 through 3
and on each line which has been revised; or
(ii) If there is no agency station on
the line, at any station through which
business for the line is received or forwarded;
(3) Furnish, at reasonable cost, upon
request of any interested person, a
copy of its system diagram map (either
color-coded or black-and-white) or narrative; and
(4) Notify interested persons of this
availability through its publication in
the appropriate county newspaper.
(d) Each carrier required to file a system diagram map or narrative shall
file with the Board an affidavit of service and publication stating the date
each was accomplished. A copy of each
newspaper notice published shall be attached to the affidavit. The effective
date of the filing of the initial system
diagram map or narrative and each
amended system diagram map or narrative as required in paragraph (a) of
this section shall be deemed to be the
date upon which the Board receives the
affidavit required in this paragraph.
(e) The Board shall require republication of the notice if it is found to be inadequate.
[61 FR 67883, Dec. 24, 1996, as amended at 64
FR 53268, Oct. 1, 1999]
§ 1152.13 Amendment of the
diagram map or narrative.
(a) Each carrier shall be responsible
for maintaining the continuing accuracy 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 carrier filing and publication requirements of § 1152.12.
(b) By March 24, 1997, 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 narrative, as appropriate. Also, each carrier shall file an updated or amended
map or narrative upon order of the
Board. Each new rail carrier shall comply with the requirements of this subsection within 60 days after it becomes
a carrier.
(c) The Board will reject an abandonment or discontinuance application
filed by a rail carrier if any part of the
application includes a line that has not
been identified and described, by
amendment or otherwise, on the carrier’s system diagram map or narrative, as appropriate, as a line in category 1 (§ 1152.10(b)(1)) for at least 60
days.
§ 1152.14
Availability of data.
Each carrier shall provide to the designated state agency, upon request, information concerning the net liquidation value (as defined in § 1152.34(c)) of
any line placed in category 1
(§ 1152.10(b)(1)) on its system diagram
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§ 1152.15
49 CFR Ch. X (10–1–16 Edition)
map or narrative together with a description of such a line and any appurtenant facilities and of their condition.
§ 1152.15
Reservation of jurisdiction.
49 U.S.C. 10903(c)(1) authorizes the
Board, at its discretion, to provide for
designation of lines as ‘‘potentially
subject to abandonment’’ under standards which vary by region of the
United States, by railroad, or by group
of railroads. The Board expressly reserves the right to adopt such varying
standards in the future.
Subpart C—Procedures Governing
Notice, Applications, Financial Assistance, Acquisition for
Public Use, and Trail Use
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§ 1152.20 Notice of intent to abandon
or discontinue service.
(a) Filing and publication requirements.
An applicant shall give Notice of Intent to file an abandonment or discontinuance application by complying
with the following procedures:
(1) Filing. Applicant must serve its
Notice of Intent on the Board, by certified letter, in the format prescribed
in § 1152.21. The Notice shall be filed in
accordance with the time requirements
of paragraph (b) of this section.
(2) Service. Applicant must serve, by
first-class mail (unless otherwise specified), its Notice of Intent upon:
(i) Significant users of the line;
(ii) The Governor (by certified mail)
of each state directly affected by the
abandonment or discontinuance. (For
the purposes of this section ‘‘states directly affected’’ are those in which any
part of the line sought to be abandoned
is located).
(iii) The Public Service Commission
(or equivalent agency) in these states;
(iv) The designated state agency in
these states;
(v) The State Cooperative Extension
Service in these states;
(vi) The U.S. Department of Transportation (Federal Railroad Administration);
(vii) Department of Defense (Military
Traffic Management Command, Transportation Engineering Agency, Railroads for National Defense Program);
(viii) The U.S. Department of Interior (Recreation Resources Assistance
Division, National Park Service);
(ix) The U.S. Railroad Retirement
Board;
(x) The National Railroad Passenger
Corporation (‘‘Amtrak’’) (if Amtrak operates over the involved line);
(xi) The U.S. Department of Agriculture, Chief of the Forest Service;
and
(xii) The headquarters of all duly certified labor organizations that represent employees on the affected rail
line.
(3) Posting. Applicant must post a
copy of its Notice of Intent at each
agency station and terminal on the
line to be abandoned. (If there are no
agency stations on the line, the Notice
of Intent should be posted at any agency station through which business for
the involved line is received or forwarded.)
(4) Newspaper publication. Applicant
must publish its Notice of Intent at
least once during each of 3 consecutive
weeks in a newspaper of general circulation in each county in which any
part of the involved line is located.
(b) Time limits. (1) The Notice of Intent must be served at least 15 days,
but not more than 30 days, prior to the
filing of the abandonment application;
(2) The Notice must be posted and
fully published within the 30-day period
prior to the filing of the application;
and
(3) The Notice must be filed with the
Board either concurrently with service
or when the Notice is first published
(whichever occurs first).
(c) Environmental and Historic Reports.
Applicant must also submit the Environmental and Historic Reports described at §§ 1105.7 and 1105.8 at least 20
days prior to filing an application.
[61 FR 67883, Dec. 24, 1996, as amended at 68
FR 67810, Dec. 4, 2003]
§ 1152.21
Form of notice.
The Notice of Intent to abandon or to
discontinue service shall be in the following form:
STB No. AB lll(Sub-No. lll)
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Surface Transportation Board
§ 1152.21
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Notice of Intent To Abandon or To
Discontinue Service
(Name of Applicant) gives notice that on or
about (insert date application will be filed
with the Board) it intends to file with the
Surface Transportation Board, Washington,
DC 20423, an application for permission for
the abandonment of (the discontinuance of
service on), a line of railroad known as lll
extending from railroad milepost near (station name) to (the end of line or rail milepost) near (station name), which traverses
through United States Postal Service ZIP
Codes (ZIP Codes), a distance of lll miles,
in [County(ies), State(s)]. The line includes
the stations of (list all stations on the line in
order of milepost number, indicating milepost location). The reason(s) for the proposed
abandonment (or discontinuance) is (are)
lll (explain briefly and clearly why the
proposed action is being undertaken by the
applicant). Based on information in our possession, the line (does) (does not) contain
federally granted rights-of-way. Any documentation in the railroad’s possession will
be made available promptly to those requesting it. This line of railroad has appeared on
the system diagram map or included in the
narrative in category 1 since (insert date).
The interest of railroad employees will be
protected by (specify the appropriate conditions). The application will include the applicant’s entire case for abandonment (or
discontinuance) (case in chief). Any interested person, after the application is filed on
(insert date), may file with the Surface
Transportation Board written comments
concerning the proposed abandonment (or
discontinuance) or protests to it. These filings are due 45 days from the date of filing of
the application. All interested persons
should be aware that following any abandonment of rail service and salvage of the line,
the line may be suitable for other public use,
including interim trail use. Any request for
a public use condition under 49 U.S.C. 10905
(§ 1152.28 of the Board’s rules) and any request for a trail use condition under 16
U.S.C. 1247(d) (§ 1152.29 of the Board’s rules)
must also be filed within 45 days from the
date of filing of the application. Persons who
may oppose the abandonment or discontinuance but who do not wish to participate fully
in the process by appearing at any oral hearings or by submitting verified statements of
witnesses, containing detailed evidence,
should file comments. Persons interested
only in seeking public use or trail use conditions should also file comments. Persons opposing the proposed abandonment or discontinuance that do wish to participate actively and fully in the process should file a
protest. Protests must contain that party’s
entire case in opposition (case in chief) including the following:
(1) Protestant’s name, address and business.
(2) A statement describing protestant’s interest in the proceeding including:
(i) A description of protestant’s use of the
line;
(ii) If protestant does not use the line, information concerning the group or public interest it represents; and
(iii) If protestant’s interest is limited to
the retention of service over a portion of the
line, a description of the portion of the line
subject to protestant’s interest (with milepost designations if available) and evidence
showing that the applicant can operate the
portion of the line profitably, including an
appropriate return on its investment for
those operations.
(3) Specific reasons why protestant opposes
the application including information regarding protestant’s reliance on the involved
service [this information must be supported
by affidavits of persons with personal knowledge of the fact(s)].
(4) Any rebuttal of material submitted by
applicant.
In addition, a commenting party or protestant may provide a statement of position
and evidence regarding:
(i) Intent to offer financial assistance pursuant to 49 U.S.C. 10904;
(ii) Environmental impact;
(iii) Impact on rural and community development;
(iv) Recommended provisions for protection of the interests of employees;
(v) Suitability of the properties for other
public purposes pursuant to 49 U.S.C. 10905;
and
(vi) Prospective use of the right-of-way for
interim trail use and rail banking under 16
U.S.C. 1247(d) and § 1152.29.
A protest may demonstrate that: (1) the
protestant filed a feeder line application
under 49 U.S.C. 10907; (2) the feeder line application involves any portion of the rail line
involved in the abandonment or discontinuance application; (3) the feeder line application was filed prior to the date the abandonment or discontinuance application was
filed; and (4) the feeder line application is
pending before the Board.
Written comments and protests will be
considered by the Board in determining what
disposition to make of the application. The
commenting party or protestant may participate in the proceeding as its interests
may appear.
If an oral hearing is desired, the requester
must make a request for an oral hearing and
provide reasons why an oral hearing is necessary. Oral hearing requests must be filed
with the Board no later than 10 days after
the application is filed.
Those parties filing protests to the proposed abandonment (or discontinuance)
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§ 1152.22
49 CFR Ch. X (10–1–16 Edition)
should be prepared to participate actively either in an oral hearing or through the submission of their entire opposition case in the
form of verified statements and arguments
at the time they file a protest. Parties seeking information concerning the filing of protests should refer to § 1152.25.
Written comments and protests, including
all requests for public use and trail use conditions, should indicate the proceeding designation STB No. AB lll (Sub-No. lll)
and must be filed with the Chief, Section of
Administration, Office of Proceedings, Surface Transportation Board, Washington, DC
20423–0001, no later than (insert the date 45
days after the date applicant intends to file
its application). Interested persons may file
a written comment or protest with the Board
to become a party to this abandonment (or
discontinuance) proceeding. A copy of each
written comment or protest shall be served
upon the representative of the applicant (insert name, address, and phone number). The
original and 10 copies of all comments or
protests shall be filed with the Board with a
certificate of service. Except as otherwise
set forth in part 1152, each document filed
with the Board must be served on all parties
to the abandonment proceeding. 49 CFR
1104.12(a).
The line sought to be abandoned (or discontinued) will be available for subsidy or
sale for continued rail use, if the Board decides to permit the abandonment (or discontinuance), in accordance with applicable
laws and regulations (49 U.S.C. 10904 and 49
CFR 1152.27). No subsidy arrangement approved under 49 U.S.C. 10904 shall remain in
effect for more than 1 year unless otherwise
mutually agreed by the parties (49 U.S.C.
10904(f)(4)(B)). Applicant will promptly provide upon request to each interested party
an estimate of the subsidy and minimum
purchase price required to keep the line in
operation. The carrier’s representative to
whom inquiries may be made concerning sale
or subsidy terms is (insert name and business address). Persons seeking further information concerning abandonment procedures
may contact the Surface Transportation
Board or refer to the full abandonment or
discontinuance regulations at 49 CFR part
1152. Questions concerning environmental
issues may be directed to the Board’s Section of Environmental Analysis.
A copy of the application will be available
for public inspection on or after (insert date
abandonment application is to be filed with
Board) at each agency station or terminal on
the line proposed to be abandoned or discontinued [if there is no agency station on the
line, the application shall be deposited at
any agency station through which business
for the line is received or forwarded (insert
name, address, location, and business
hours)]. The carrier shall furnish a copy of
the application to any interested person pro-
posing to file a protest or comment, upon request.
An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by the Section of Environmental Analysis will be served upon all parties of record and upon any agencies or other
persons who commented during its preparation. Any other persons who would like to
obtain a copy of the EA (or EIS) may contact
the Section of Environmental Analysis. EAs
in these abandonment proceedings normally
will be made available within 33 days of the
filing of the application. The deadline for
submission of comments on the EA will generally be within 30 days of its service. The
comments received will be addressed in the
Board’s decision. A supplemental EA or EIS
may be issued where appropriate.
[75 FR 30712, June 2, 2010]
§ 1152.22 Contents of application.
Applications for the abandonment of
railroad lines or the discontinuance of
rail service shall contain the following
information, including workpapers and
supporting documents, and each paragraph (a) through (j) of this section
shall be attested to by a person having
personal knowledge of the matters contained therein:
(a) General. (1) Exact name of applicant.
(2) Whether applicant is a common
carrier by railroad subject to 49 U.S.C.
Subtitle IV, chapter 105.
(3) Relief sought (abandonment of
line or discontinuance of service).
(4) Detailed map of the subject line
on a sheet not larger than 8 × 101⁄2
inches, drawn to scale, and with the
scale shown thereon. The map must
show, in clear relief, the exact location
of the rail line to be abandoned or over
which service is to be discontinued and
its relation to other rail lines in the
area, highways, water routes, and population centers.
(5) Reference to inclusion of the rail
line to be abandoned or over which
service is to be discontinued on the
carrier’s system diagram map or narrative, in compliance with §§ 1152.10
through 1152.13, and the date upon
which such line was first listed on the
system diagram map or included in the
narrative in category 1 in accordance
with § 1152.10(b)(1). A copy of the line
description which accompanies the system diagram map shall also be submitted.
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Surface Transportation Board
§ 1152.22
(6) Detailed statement of reasons for
filing application.
(7) Name, title, and address of representative of applicant to whom correspondence should be sent.
(8) List of all United States Postal
Service ZIP Codes that the line proposed for abandonment traverses.
(b) Condition of properties. The present
physical condition of the line including
any operating restrictions and estimate of deferred maintenance and rehabilitation costs (e.g., number of ties
that need replacing, miles of rail that
need replacing and/or new ballast,
bridge repairs or replacement needed,
and estimated labor expenses necessary
to upgrade the line to minimum Federal Railroad Administration class 1
safety standards). The bases for the estimates shall be stated with particularity, and workpapers shall be filed
with the application.
(c) Service provided. Description of the
service performed on the line during
the Base Year (as defined by § 1152.2(c)),
including the actual:
(1) Number of trains operated and
their frequency.
(2) Miles of track operated (include
main line and all railroad-owned sidings).
(3) Average number of locomotive
units operated.
(4) Total tonnage and carloads by
each commodity group on the line.
(5) Overhead or bridge traffic by carload commodity group that will not be
retained by the carrier.
(6) Average crew size.
(7) Level of maintenance.
(8) Any important changes in train
service undertaken in the 2 calendar
years immediately preceding the filing
of the application.
(9) Reasons for decline in traffic, if
any, in the best judgment of applicant.
(d) Revenue and cost data. (1) Computation of the revenues attributable
and avoidable costs for the line to be
abandoned for the Base Year (as defined by § 1152.2(c) and to the extent
such branch level data are available),
in accordance with the methodology
prescribed in §§ 1152.31 through 1152.33,
as applicable, and submitted in the
form called for in § 1152.36, as Exhibit 1.
(2) The carrier shall compute an estimate of the future revenues attrib-
utable, avoidable costs and reasonable
return on the value for the line to be
abandoned, for the Forecast Year (as
defined in § 1152.2(h)) in the form called
for in Exhibit 1. The carrier shall fully
support and document all dollar
amounts shown in the Forecast Year
column including an explanation of the
rationale and key assumptions used to
determine the Forecast Year amounts.
(3) The carrier shall also compute an
‘‘Estimated Subsidy Payment’’ for the
Base Year in the form called for in Exhibit 1 and an alternate payment to reflect:
(i) Increases or decreases in attributable revenues and avoidable costs
projected for the subsidy year; and
(ii) An estimate, in reasonable detail,
of the cash income tax reductions, Federal and state, to be realized in the
subsidy year. The bases for the adjustment, e.g., rate increase, changes in
traffic level, necessary maintenance to
comply with minimum Federal Railroad Administration class 1 safety
standards, shall be stated with particularity.
(e) Rural and community impact. (1)
The name and population (identify
source and date of figures) of each community in which a station on the line
is located.
(2) Identification of significant users,
as defined in § 1152.2(l), by name, address, principal commodity, and by
tonnage and carloads for each of the 2
calendar years immediately preceding
the filing of the abandonment or discontinuance application, for that part
of the current year for which information is available, and for the Base Year.
In addition, the total tonnage and carloads for each commodity group originating and/or terminating on the line
segment shall also be shown for the
same time periods as those of the significant users.
(3) General description of the alternate sources of transportation service
(rail, motor, water, air) available, and
the highway network in the proximate
area.
(4) Statement of whether the properties proposed to be abandoned are appropriate for use for other public purposes, including roads or highways,
other forms of mass transportation,
conservation, energy production or
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§ 1152.22
49 CFR Ch. X (10–1–16 Edition)
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transmission, or recreation. If the applicant is aware of any restriction on
the title to the property, including any
reversionary interest, which would affect the transfer of title or the use of
property for other than rail purposes,
this shall be disclosed.
(f) Environmental impact. The applicant shall submit information regarding the environmental impact of the
proposed abandonment or discontinuance in compliance with §§ 1105.7 and
1105.8. If certain information required
by the environmental regulations duplicates information required elsewhere in the application, the environmental information requirements may
be met by a specific reference to the location of the information elsewhere in
the application.
(g) Passenger service. If passenger
service is provided on the line, the applicant shall state whether appropriate
steps have been taken for discontinuance pursuant to the Rail Passenger
Service Act. (45 U.S.C. 501 et seq.)
(h) Additional information. The applicant shall submit such additional information to support its application as
the Board may require.
(i) Draft Federal Register notice. The
applicant shall submit a draft notice of
its application to be published by the
Board. In addition to the regular number of copies that must be filed with
the Board, the applicant must submit a
copy of the draft notice as data contained on a computer diskette compatible with the Board’s current word
processing capabilities. The Board will
publish the notice in the FEDERAL REGISTER within 20 days of the application’s filing with the Board. The draft
notice shall be in the form set forth
below:
STB No. AB–llll (Sub-No. llll)
Notice of Application to Abandon or to Discontinue Service
On (insert date application was filed with
the Board) (name of applicant) filed with the
Surface Transportation Board, Washington,
D.C. 20423, an application for permission for
the abandonment of (the discontinuance of
service on) a line of railroad known as
llllll extending from railroad milepost
near (station name) to (the end of line or rail
milepost) near (station name), a distance of
llllll miles, in [County(ies), State(s)].
The line includes the stations of (list all stations on the line in order of milepost num-
ber, indicating milepost location) and traverses through llllll (ZIP Codes)
United States Postal Service ZIP Codes.
The line (does) (does not) contain federally
granted rights-of-way. Any documentation
in the railroad’s possession will be made
available promptly to those requesting it.
The applicant’s entire case for abandonment
(or discontinuance) (case in chief) was filed
with the application.
This line of railroad has appeared on the
applicant’s system diagram map or has been
included in its narrative in category 1 since
(insert date).
The interest of railroad employees will be
protected by (specify the appropriate conditions).
Any interested person may file with the
Surface Transportation Board written comments concerning the proposed abandonment
(or discontinuance) or protests (including
the protestant’s entire opposition case),
within 45 days after the application is filed.
All interested persons should be aware that
following any abandonment of rail service
and salvage of the line, the line may be suitable for other public use, including interim
trail use. Any request for a public use condition under 49 U.S.C. 10905 (§ 1152.28 of the
Board’s rules) and any request for a trail use
condition under 16 U.S.C. 1247(d) (§ 1152.29 of
the Board’s rules) must be filed within 45
days after the application is filed. Persons
who may oppose the abandonment or discontinuance but who do not wish to participate fully in the process by appearing at any
oral hearings or by submitting verified statements of witnesses, containing detailed evidence should file comments. Persons interested only in seeking public use or trail use
conditions should also file comments. Persons opposing the proposed abandonment or
discontinuance that do wish to participate
actively and fully in the process should file
a protest.
In addition, a commenting party or protestant may provide:
(i) An offer of financial assistance, pursuant to 49 U.S.C. 10904 (due 120 days after the
application is filed or 10 days after the application is granted by the Board, whichever
occurs sooner);
(ii) Recommended provisions for protection
of the interests of employees;
(iii) A request for a public use condition
under 49 U.S.C. 10905; and
(iv) A statement pertaining to prospective
use of the right-of-way for interim trail use
and rail banking under 16 U.S.C. 1247(d) and
§ 1152.29.
Parties seeking information concerning
the filing of protests should refer to § 1152.25.
Written comments and protests, including
all requests for public use and trail use conditions, must indicate the proceeding designation STB No. AB ll (Sub-No. ll) and
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Surface Transportation Board
§ 1152.24
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should be filed with the Chief, Section of Administration, Office of Proceedings, Surface
Transportation Board (Board), Washington,
DC 20423–0001, no later than (insert the date
45 days after the date applicant intends to
file its application). Interested persons may
file a written comment or protest with the
Board to become a party to this abandonment (or discontinuance) proceeding. A copy
of each written comment or protest shall be
served upon the representative of the applicant (insert name, address, and phone number). The original and 10 copies of all comments or protests shall be filed with the
Board with a certificate of service. Except as
otherwise set forth in part 1152, every document filed with the Board must be served on
all parties to the abandonment proceeding.
49 CFR 1104.12(a).
The line sought to be abandoned (or discontinued) will be available for subsidy or
sale for continued rail use, if the Board decides to permit the abandonment (or discontinuance), in accordance with applicable
laws and regulations (49 U.S.C. 10904 and 49
CFR 1152.27). No subsidy arrangement approved under 49 U.S.C. 10904 shall remain in
effect for more than 1 year unless otherwise
mutually agreed by the parties (49 U.S.C.
10904(f)(4)(B)). Applicant will promptly provide upon request to each interested party
an estimate of the subsidy and minimum
purchase price required to keep the line in
operation. The carrier’s representative to
whom inquiries may be made concerning sale
or subsidy terms is (insert name and business address).
Persons seeking further information concerning abandonment procedures may contact the Surface Transportation Board or
refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may
be directed to the Board’s Section of Environmental Analysis.
An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by the Section of Environmental Analysis will be served upon all parties of record and upon any agencies or other
persons who commented during its preparation. Any other persons who would like to
obtain a copy of the EA (or EIS) may contact
the Section of Environmental Analysis. EAs
in these abandonment proceedings normally
will be made available within 33 days of the
filing of the application. The deadline for
submission of comments on the EA will generally be within 30 days of its service. The
comments received will be addressed in the
Board’s decision. A supplemental EA or EIS
may be issued where appropriate.
(j) Verification. The original application shall be executed and verified in
the form set forth below by an officer
of the carrier having knowledge of the
facts and matters relied upon.
Verification
State of llllll ss.
County of llllllllllllll
lllllllllllllllll (Name of
affiant) makes oath and says that (s)he is
the llllll (title of affiant) of the
llllll (name of applicant) applicant
herein; that (s)he has been authorized by the
applicant (or as appropriate, a court) to
verify and file with the Surface Transportation Board the foregoing application in
STB AB–ll (Sub-No. ll); that (s)he has
carefully examined all of the statements in
the application as well as the exhibits attached thereto and made a part thereof; that
(s)he has knowledge of the facts and matters
relied upon in the application; and that all
representations set forth therein are true
and correct to the best of his(her) knowledge, information, and belief.
(Signature)
Subscribed and sworn to before me
llllll in and for the State and County
above named, this llllll day of
llllllllll, 19ll.
My Commission expires
[61 FR 67883, Dec. 24, 1996, as amended at 74
FR 52909, Oct. 15, 2009]
§ 1152.23
[Reserved]
§ 1152.24 Filing and service of application.
(a) An original and 10 copies of applications, typewritten or printed on
paper approximately 81⁄2 inches by 11
inches with 11⁄2 inch left margin, shall
be filed with the Chief, Section of Administration, Office of Proceedings,
Washington, DC 20423–0001. The original shall bear the date and signature
and shall be complete in itself; the signature may be stamped or typed and
the notarial seal may be omitted on
the copies. A check, money order or
payment by credit card payable to the
Surface Transportation Board must
also be submitted to cover the applicable filing fee. If the applicant carrier is
in bankruptcy, the application shall
also be filed on the bankruptcy court.
(b) The applicant shall tender with
its application an affidavit attesting to
its compliance with the notice requirement of § 1152.20. The affidavit shall include the dates of service, posting, and
publication of the notice.
(c) When the application is filed with
the Board, the applicant shall serve, by
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§ 1152.25
49 CFR Ch. X (10–1–16 Edition)
first class mail, a copy on the Governor, the Public Service Commission
(or equivalent agency), and the designated state agency of each state in
which any part of the line of railroad
sought to be abandoned or discontinued
is situated. A copy of the application
will be available for public inspection,
on or after the date the abandonment
application is filed with the Board, at
each agency station or terminal on the
line proposed to be abandoned or discontinued (if there is no agency station
on the line, the application shall be deposited at any agency station through
which business for the line is received
or forwarded). A certificate of service
shall be promptly filed with the Board.
(d) The applicant shall promptly furnish by first class mail a copy of the
application to any interested person
proposing to file a written comment or
protest upon request. A certificate of
service shall promptly be filed with the
Board.
(e)(1) The Board shall reject any
abandonment or discontinuance application which does not substantially
conform to the regulations in this subpart C regarding notice, form, and content, or which applies to a line which
has not properly been published on the
carrier’s system diagram map (or included in a narrative in the case of a
Class III carrier), in conformance with
the regulations of subpart B of this
part.
(2) Upon the filing of an abandonment or discontinuance application,
the Board will review the application
and determine whether it conforms
with all applicable regulations. If the
application is substantially incomplete
or its filing otherwise defective, the
Board shall reject the application for
stated reasons by order (which order
will be administratively final) within
20 days from the date of filing of the
application. If the Board does not reject the application, notice of the filing
of the application shall be published in
the FEDERAL REGISTER by the Board,
through the Director of the Office of
Proceedings, within 20 days of the filing of the application.
(3) If the application is rejected, a revised application may be submitted,
and the Board will determine whether
the resubmitted application conforms
with all prescribed regulations. A properly revised application submitted
within 60 days of the order rejecting
the incomplete or improper application
need not be subjected to new notice
and publication under § 1152.20, unless
the defect causing the rejection was in
the notice and/or publication. A revised
application submitted after such 60-day
period must be newly published and noticed.
(4) The resubmission of an abandonment or discontinuance application
shall be considered a de novo filing for
the purposes of computation of the
time period for filing an offer of financial assistance under 49 U.S.C. 10904,
and for other time periods prescribed in
the regulations contained in this part
(49 CFR part 1152), provided, that a resubmitted application is deemed complete and proper.
(5) An applicant may seek waiver of
specific regulations listed in subpart C
of this part by filing a petition for
waiver with the Board. A decision by
the Director of the Office of Proceedings granting or denying a waiver
petition 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. If waiver is
not obtained prior to the filing of the
application, the application may be
subject to rejection under paragraphs
(e) (1) and (2) of this section.
(f) As provided in § 1152.29(e)(2), rail
carriers authorized to abandon a line
under 49 U.S.C. 10903 must file with the
Board a notice that abandonment has
been consummated.
[61 FR 67883, Dec. 24, 1996, as amended at 62
FR 34669, June 27, 1997; 64 FR 53268, Oct. 1,
1999; 74 FR 52909, Oct. 15, 2009]
§ 1152.25 Participation in abandonment
or
discontinuance
proceedings.
(a) Public participation—(1) Protests
and comments. Interested persons may
become parties to an abandonment or
discontinuance proceeding by filing
written comments or protests with the
Board. Any request for a public use
condition under 49 U.S.C. 10905 (§ 1152.28
of the Board’s rules) and any request
for a trail use condition under 16 U.S.C.
1247(d) (§ 1152.29 of the Board’s rules)
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Surface Transportation Board
§ 1152.25
must be included in these filings. Persons who may oppose the abandonment
or discontinuance, but who do not wish
to participate fully in the process by
appearing at any oral hearings or by
submitting verified statements of witnesses containing detailed evidence,
should file comments. Persons interested only in seeking public use or trail
use conditions should also file comments. Persons opposing the proposed
abandonment or discontinuance that
do wish to participate actively and
fully in the process should file a protest. Protests shall include all evidence
and argument in support of protestant’s position (protestant’s case in
chief). Protests must contain the following information:
(i) Protestant’s name, address and
business.
(ii) A statement describing protestant’s interest in the proceeding including:
(A) A description of protestant’s use
of the line;
(B) If protestant does not use the
line, information concerning the group
or public interest it represents; and
(C) If protestant’s interest is limited
to the retention of service over a portion of the line, a description of the
portion of the line subject to protestant’s interest (with milepost designations if available) and evidence showing that the applicant can operate the
portion of the line profitably, including
an appropriate return on its investment for those operations.
(iii) Specific reasons why protestant
opposes the application including information regarding protestant’s reliance on the involved service (this information must be supported by affidavits of persons with personal knowledge of the fact(s)).
(iv) Any rebuttal of material submitted by applicant.
(v) Any request for a public use condition under 49 U.S.C. 10905 (§ 1152.28 of
the Board’s rules) and any request for a
trail use condition under 16 U.S.C.
1247(d) (§ 1152.29 of the Board’s rules).
(2) Additional information. In addition
to the information required in paragraph (a)(1) of this section, a commenting party or protestant may provide a statement of position and a summary of evidence regarding:
(i) Intent to offer financial assistance
under 49 U.S.C. 10904;
(ii) Environmental impact;
(iii) Impact on rural and community
development;
(iv) Recommended provisions for protection of the interests of employees;
(v) A request for a public use condition under 49 U.S.C. 10905; and
(vi) Prospective use of the right-ofway for interim trail use and rail banking under 16 U.S.C. 1247(d) and 49 CFR
1152.29.
(3) Feeder line application for all or
part of the line subject to the abandonment application. In addition to the information required in paragraphs (a)(1)
and (2) of this section, a commenting
party or protestant must provide information that:
(i) The protestant filed a feeder line
application under 49 U.S.C. 10907 (or
former 49 U.S.C. 10910);
(ii) The feeder line application involves any portion of the rail line involved in the abandonment or discontinuance application;
(iii) The feeder line application was
filed prior to the date the abandonment
or discontinuance application was
filed; and
(iv) The feeder line application is
pending before the Board.
(b) Employee or employee representative
participation. Employees or their representatives may file protests or comments to an application. However, because the Board will impose employee
protective conditions under 49 U.S.C.
10903(b)(2) if an application is granted,
employees and their representatives
need not file comments or protests
seeking this protection.
(c) Filing and service of written comments, protests, along with evidence and
argument, and replies. (1) Written comments and protests, as well as public
use and trail use requests, shall be filed
with the Board (the Chief, Section of
Administration, Office of Proceedings,
Surface Transportation Board, Washington, DC 20423–0001) within 45 days of
the filing with the Board of an abandonment or discontinuance application.
(2) An original and 10 copies of each
written comment or protest shall be
filed with the Board.
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§ 1152.25
49 CFR Ch. X (10–1–16 Edition)
(3) A copy of each written comment
or protest shall be served on applicant
or its representative at the time of filing with the Board. If the applicant
carrier is in bankruptcy, each comment or protest shall also be filed on
the Bankruptcy Court. Each filing
shall contain a certificate of service.
(4) Replies or rebuttal to written
comments and protests shall be filed
and served by applicants no later than
60 days after the filing of the application. An original and 10 copies of such
replies shall be filed with the Board.
(d) Time limits. (1) Pleadings, requests
or other papers or documents (including any comments or protests and any
appeal from a Board decision) required
or permitted to be filed under this part
must be received for filing at the
Board’s Offices at Washington, DC
within the time limits, if any, for such
filing. The date of receipt at the Board
and not the date of deposit in the mail
is determinative, provided, however,
that if such document is mailed by certified, registered, or express mail, postmarked at least 3 days prior to the due
date, it will be accepted as timely filed.
(2) In computing any time period prescribed or allowed by this part, the day
of the act, event, or default after which
the designated period of time begins to
run is not to be included.
(3) Any filing under this part which
falls due on a Saturday, Sunday, or a
legal holiday in the District of Columbia, may be filed at the Board by the
end of the next day which is neither a
Saturday, Sunday, nor a holiday, except as indicated in paragraph (d)(4) of
this section. A half holiday shall not be
considered as a holiday.
(4) Offers of financial assistance
made pursuant to § 1152.27(c) must be
filed on or before their statutory or
regulatory due date as computed in
paragraph (d)(2) of this section, regardless of whether that date is a Saturday,
Sunday, or a legal holiday in the District of Columbia.
(5) The Board will reject any pleading
filed after its due date unless good
cause is shown why the pleading is
filed late.
(6) Oral hearings. (i) Any oral hearing
request is due 10 days after the filing of
the application. The Board, through
the Director of the Office of Pro-
ceedings, will issue a decision on any
oral hearing request within 15 days
after the filing of the application. If
the Board decides to hold an oral hearing, the oral hearing shall be for the
primary purpose of cross examination
of witnesses filing verified statements
in the proceeding. Any direct testimony, other than applicant’s rebuttal
evidence, shall be received at the discretion of the hearing officer.
(ii) In addition to that contained in
the application, the submission of written evidence prior to the commencement of the hearing shall be established by the Board.
(iii) Post hearing legal briefs shall be
due 10 days after the close of the oral
hearing, or at an earlier date if established at the hearing by the hearing officer.
(e) Appellate procedures—(1) Scope of
rule. Except as specifically indicated
below, these appellate procedures are
to be followed in abandonment and discontinuance proceedings in lieu of the
general procedures at 49 CFR 1115. Appeals of initial decisions of the Director of the Office of Proceedings determining:
(i) Whether offers of financial assistance satisfy the standard of 49 U.S.C.
10904(d) for purposes of instituting negotiations or, in exemption proceedings, for purposes of partial revocation and instituting negotiations;
(ii) Whether partially to revoke or to
reopen abandonment exemptions authorized, respectively, under 49 U.S.C.
10502 and 49 CFR part 1152 subpart F for
the purpose of imposing public use conditions under the criteria in 49 CFR
1152.28 and/or conditions limiting salvage of the rail properties for environmental and historic preservation purposes; and
(iii) The applicability and administration of the Trails Act [16 U.S.C.
1247(d)] in abandonment proceedings
under 49 U.S.C. 10903 (and abandonment
exemption proceedings), issued pursuant to delegations of authority at 49
CFR 1011.7(a)(2)(iv) and (v), will be
acted on by the entire Board as set
forth at 49 CFR 1011.2(a)(7). An original
and 10 copies of all appeals, and replies
to appeals, under this section must be
filed with the Board.
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Surface Transportation Board
§ 1152.26
(2) Appeals criteria. Appeals to the
Board’s decision in abandonment or
discontinuance proceedings will not be
entertained. Those decisions are administratively final upon the date they
are served.
(i) Parties seeking further administrative action may file a petition to reopen the proceeding under paragraph
(e)(4) of this section. If an abandonment or discontinuance is granted and
a party wishes the Board to have the
opportunity to consider a petition to
reopen before the abandonment or discontinuance authorization becomes effective, it must file its petition within
15 days after the administratively final
decision is served together with a request for a stay of effectiveness under
paragraph (e)(7) of this section. If such
a petition to reopen and stay request is
received within that 15-day period, any
replies to the petition to reopen must
be filed no later than 25 days after the
date the decision is served, and any
reply to the stay request must reach
the Board no later than 5 days after the
stay request is filed.
(ii) The Board will grant a petition to
reopen only upon a showing that the
action would be affected materially because of new evidence, changed circumstances, or material error.
(3) Form. A petition to reopen and
any reply shall not exceed 30 pages in
length, including the index of subject
matter, argument, and appendices or
other attachments.
(4) Petitions to reopen administratively
final actions. A person may file a petition to reopen any administratively
final action of the Board. A petition to
reopen shall state in detail the respects
in which the proceeding involves material error, new evidence, or substantially changed circumstances. An original and 10 copies of such petitions must
be filed with the Board.
(5) Judicial review. (i) Parties may
seek judicial review of a Board action
in an abandonment or discontinuance
proceeding on the day the action of the
Board becomes final.
(ii) If a petition seeking reopening is
filed under this section, before or after
a petition seeking judicial review is
filed with the courts, the Board will
act upon the petition after advising the
court of its pendency unless action
might interfere with the court’s jurisdiction.
(6) Petitions to vacate. In the event of
procedural defects (such as the loss of a
properly filed protest, the failure of the
applicant to afford the public the requisite notice of its proposed abandonment, etc.), the Board will entertain
petitions to vacate the abandonment or
discontinuance authorization. An original and 10 copies of these petitions to
vacate must be filed with the Board.
(7) Petitions to stay. (i) The filing of a
petition to reopen shall not stay the effect of a prior action. An original and
10 copies of any petitions to stay must
be filed with the Board.
(ii) A petition to reopen an administratively final action may be accompanied by a petition for a stay of the
effectiveness of the abandonment or
discontinuance. As provided in paragraph (e)(2) of this section, a petition
to reopen must be accompanied by a
stay request if the party wishes the
Board to have the opportunity to consider the petition to reopen before the
abandonment or discontinuance authorization becomes final.
(iii) A party may petition for a stay
of the effectiveness of abandonment or
discontinuance authorization pending a
request for judicial review. The reasons
for the desired relief shall be stated in
the petition, and the petition shall be
filed not less than 15 days prior to the
effective date of the abandonment authorization. No reply need be filed. If a
party elects to file a reply, the reply
must reach the Board no later than 5
days after the petition is filed.
[61 FR 67883, Dec. 24, 1996, as amended at 62
FR 34669, June 27, 1997; 74 FR 52909, Oct. 15,
2009]
§ 1152.26 Board determination under
49 U.S.C. 10903.
(a) The following schedule shall govern the process for Board consideration
and decisions in abandonment and discontinuance application proceedings
from the time the application is filed
until the time of the Board’s decision
on the merits:
Day 0—Application filed, including applicant’s case in chief.
Day 10—Due date for oral hearing requests.
Day 15—Due date for Board decision on oral
hearing requests.
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31
§ 1152.27
49 CFR Ch. X (10–1–16 Edition)
Day 20—Due date for Notice of Application
to be published in the FEDERAL REGISTER.
Day 45—Due date for protests and comments,
including opposition case in chief, and for
public use and trail use requests.
Day 60—Due date for applicant’s reply to opposition case and for applicant’s response
to trail use requests.
Day 110—Due date for service of decision on
the merits.
Day 120—Due date for offers of financial assistance, except that if an application has
been granted by decision issued sooner
than Day 110, the offer of financial assistance shall be due 10 days after service of
the decision granting the application.
(b) If an application for abandonment
or discontinuance is filed by a bankrupt railroad, the Board shall base its
decision (Report to the Bankruptcy
Court) on the application and any responses to the application that are
filed. In each such instance, the Board
shall establish a reasonable period of
time for filing responses to the application so that public input can be included in the Board’s decision (Report)
and so that the Board will be able to
meet a deadline imposed or requested
by the Bankruptcy Court. Because
Board action on abandonment applications by bankrupt railroads is advisory
only, no environmental filings or analysis is necessary. See 49 CFR 1105.5(c).
[61 FR 67883, Dec. 24, 1996, as amended at 62
FR 34670, June 27, 1997]
lpowell on DSK54DXVN1OFR with $$_JOB
§ 1152.27 Financial
dures.
assistance
proce-
(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).
(b) Federal Register notice—(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.
(2) Exemption proceedings. (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
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Surface Transportation Board
§ 1152.27
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).
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§ 1152.27
49 CFR Ch. X (10–1–16 Edition)
(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 ex-
ceed 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.
(e) Review of offers—(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
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Surface Transportation Board
§ 1152.27
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.
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§ 1152.27
49 CFR Ch. X (10–1–16 Edition)
(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
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Surface Transportation Board
§ 1152.27
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 40day 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
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§ 1152.27
49 CFR Ch. X (10–1–16 Edition)
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.
[61 FR 67883, Dec. 24, 1996, as amended at 63
FR 28290, May 22, 1998; 74 FR 52909, Oct. 15,
2009; 75 FR 30713, June 2, 2010]
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Surface Transportation Board
§ 1152.29
§ 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:
(i) The condition sought;
(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.
§ 1152.29 Prospective use of rights-ofway for interim trail use and rail
banking.
(a) If any state, political subdivision,
or qualified private organization is interested in acquiring or using a rightof-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 llllllll (Railroad) and operated
by
llllllll
(Railroad),
llllllll (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
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§ 1152.29
49 CFR Ch. X (10–1–16 Edition)
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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 llllllll (Name of Branch
Line), extends from railroad milepost
llllllll near llllllll (Station
Name), to railroad milepost llllll,
near llllllll (Station name), a distance of llllll 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 llllllll (Sub-No.
llllllll). A map of the property depicting the right-of-way is attached.
llllllll (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 with-
in 20 days after publication in the FEDREGISTER 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 rightof-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
ERAL
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Surface Transportation Board
§ 1152.29
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-ofway 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-ofway 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
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§ 1152.29
49 CFR Ch. X (10–1–16 Edition)
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 rightof-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
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31
Surface Transportation Board
§ 1152.31
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 rightof-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.
[61 FR 67883, Dec. 24, 1996, as amended at 62
FR 34670, June 27, 1997; 64 FR 53268, Oct. 1,
1999; 74 FR 52910, Oct. 15, 2009; 77 FR 25914,
May 2, 2012]
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Subpart D—Standards for Determining Costs, Revenues, and
Return on Value
§ 1152.30 General.
(a) Contents of subpart. (1) 49 U.S.C.
10904 directs the Board to determine
the extent to which the avoidable costs
of providing rail service plus a reasonable return on the value of the line exceed the revenues attributable to the
line. This subpart contains the methodology for such determinations and the
standards necessary for application of
those terms in the context of a particular proceeding. Such data will be
used in reaching the Board’s findings
on the merits of an abandonment or
discontinuance proceeding and in making the necessary financial assistance
determinations.
(2) This subpart also sets forth a
method by which the carrier may establish its Forecast Year estimates and
Estimated Subsidy Payment to be included in its application (§ 1152.22(d) of
this part). Furthermore, an offeror of
financial assistance may use this method to formulate a subsidy offer and/or
Proposed Subsidy Payment under 49
U.S.C. 10904 and § 1152.27 of subpart C of
this part.
(b) Data collection. The owning or operating carrier shall establish a system
to collect at branch level the data necessary to compute the base year data
and the final subsidy payment. The collection and compilation of such data
shall be in accordance with the Branch
Line Accounting System (49 CFR part
1201, subpart B).
(c) Final payment of financial assistance. (1) When a financial assistance
agreement to subsidize is concluded,
the final payment will be adjusted to
reflect the actual revenues derived,
avoidable costs incurred, and value of
the properties used in the subsidy year.
(2) Where an adjustment results in an
increase in the Estimated Subsidy Payment upon which the financial assistance agreement is based, the amount of
such increase is limited to 15 percent of
the estimated payment. However, if the
railroad notifies the subsidizer that the
estimate will be exceeded by more than
15 percent in one of the Financial Status Reports (§ 1152.37) issued during the
first 10 months of the subsidy year or
the increase results from an expense
preapproved by the subsidizer, the adjusted amount shall be included in the
final payment.
[61 FR 67883, Dec. 24, 1996, as amended at 81
FR 8855, Feb. 23, 2016]
§ 1152.31 Revenue and income attributable to branch lines.
The revenue attributable to the rail
properties is the total of the revenues
assigned to the branch in accordance
with this section, plus any subsidy payments that would cease upon discontinuance of service on the branch,
for the subsidy year. The revenues assigned shall be derived from the following accounts:
(a) Account 101—Freight. The revenue
assigned under this account shall be
the actual revenues, including transit
revenues, accruing to the railroad, derived from waybills and other source
documents, for all traffic that:
(1) Originates and terminates on the
branch;
(2) Originates or terminates on the
branch and is handled off the branch on
the system but not on another carrier;
and
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31
§ 1152.32
49 CFR Ch. X (10–1–16 Edition)
(3) Originates or terminates on the
branch and is handled on another carrier. All traffic that is received or forwarded through interchange at a point
on the branch, including ferry operations, shall be considered as originating or terminating on the branch.
The revenues of all other bridge or
overhead traffic that will not be retained by the carrier shall be attributed to the branch on the ratio of miles
moved on the branch to miles moved
on the system, provided, however, that
the parties may agree on a mutually
acceptable usage charge for bridge traffic in lieu of the mileage apportionment.
(b) Account 104—Switching; Account
105—Water transfers; Account 106—Demurrage; Account 110—Incidental; Account 121—Joint Facility-Credit; Account
122—Joint Facility-Debt; Account 506—
Revenues from Properties Used in Other
Than Carrier Operations; Account 510—
Miscellaneous Rent Income; Account 519—
Miscellaneous Income. The revenues assigned under these accounts shall be
the actual revenues accruing to the
railroad that are directly attributable
to the branch.
(c) Chart for revenue accounts.
Revenue account title
101
104
105
106
110
121
122
506, 534
510
519
Operating expense group and accounts
Account No.
(a) Maintenance of way and structures:
(1) Administration: Track:
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Bridges and buildings
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Signals
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Communications
Salaries and wages ................................................
Materials ..................................................................
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avoidable
Basis of assignment to on-branch costs
11–13–02
21–13–02
41–13–02
61–13–02
Actual.
Do.
Do.
Do.
11–13–03
21–13–03
41–13–03
61–13–03
Do.
Do.
Do.
Do.
11–13–04
21–13–04
41–13–04
61–13–04
Do.
Do.
Do.
Do.
11–13–05
21–13–05
Do.
Do.
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of
This section defines: Which cost elements are eligible for inclusion in the
calculation of avoidable costs; the conditions under which certain cost elements become eligible for inclusion;
and the basis of apportioning those
cost elements which are not assigned
to the branch on an actual expense
basis. The avoidable costs of providing
freight service on a branch shall be the
total of the costs assigned to the
branch in accordance with this section.
The avoidable costs of providing
freight service on a branch shall be just
and reasonable, and shall not exceed
those necessary for an honest and efficient operation. Those expenses apportioned under this section shall be derived from the latest Form R–1 Annual
Report for Class I railroads filed with
the Board prior to the conclusion of
the subsidy year, and company records
for all non-Class I railroads, and assigned to the branch according to the
procedures set forth in § 1152.33 of these
regulations. When the term ‘‘Actual’’
is specified as the basis for assigning
an expense, it shall mean that the only
costs which can be assigned to the account are those costs which are incurred solely as a result of the continuation of rail freight service on the
branch. The accounts in the following
charts, which list only the ‘‘freightonly’’ account numbers, shall include
the portion of common expenses that
have been apportioned to freight service.
Account No.
Freight ........................................................
Switching ....................................................
Water transfers ..........................................
Demurrage .................................................
Incidental ....................................................
Joint facility-credit ......................................
Joint facility-debt ........................................
Revenues from property used in other
than carrier operations, less expenses.
Miscellaneous rent income ........................
Miscellaneous income ................................
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§ 1152.32 Calculation
costs.
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31
Surface Transportation Board
§ 1152.32
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Operating expense group and accounts
Account No.
Purchased services .................................................
Other expenses .......................................................
Other
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
(2) Repair maintenance and other roadway—running:
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Roadway—switching
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Tunnels and subways—running
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Tunnels and subways—switching
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Bridges and culverts—running
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Bridges and culverts—switching
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Ties—running—material .................................................
Ties—switching—material ..............................................
Rails—running—material ...............................................
Rails—switching—material .............................................
Other track material—running—material .......................
Other track material—switching—material .....................
Ballast—running—material .............................................
Ballast—switching—material ..........................................
Track laying and surfacing—running
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Track laying and surfacing—switching
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Road property damaged—running
Salaries and wages ................................................
Basis of assignment to on-branch costs
41–13–05
61–13–05
Do.
Do.
11–13–06
21–13–06
41–13–06
61–13–06
Do.
Do.
Do.
Do.
11–11–10
21–11–10
39–11–10
40–11–10
41–11–10
61–11–10
Do.
Do.
Do.
Do.
Do.
Do.
11–12–10
21–12–10
39–12–10
40–12–10
41–12–10
61–12–10
Do.
Do.
Do.
Do.
Do.
Do.
11–11–11
21–11–11
39–11–11
40–11–11
41–11–11
61–11–11
Do.
Do.
Do.
Do.
Do.
Do.
11–12–11
21–12–11
39–12–11
40–12–11
41–12–11
61–12–11
Do.
Do.
Do.
Do.
Do.
Do.
11–11–12
21–11–12
39–11–12
40–11–12
41–11–12
61–11–12
Do.
Do.
Do.
Do.
Do.
Do.
11–12–12
21–12–12
39–12–12
40–12–12
41–12–12
61–12–12
21–11–13
21–12–13
21–11–14
21–12–14
21–11–15
21–12–15
21–11–16
21–12–16
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
11–11–17
21–11–17
39–11–17
40–11–17
41–11–17
61–11–17
Do.
Do.
Do.
Do.
Do.
Do.
11–12–17
21–12–17
39–12–17
40–12–17
41–12–17
61–12–17
Do.
Do.
Do.
Do.
Do.
Do.
11–11–48
Do.
209
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31
§ 1152.32
49 CFR Ch. X (10–1–16 Edition)
lpowell on DSK54DXVN1OFR with $$_JOB
Operating expense group and accounts
Account No.
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Road property damaged—switching
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other Expenses ......................................................
Road property damaged—other
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Signals and interlockers—running
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Signals and interlockers—switching
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Communications systems
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Electric power systems
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Highway grade crossings—running
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Highway grade crossings—switching
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Station and office buildings
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Station buildings—locomotives
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Basis of assignment to on-branch costs
21–11–48
39–11–48
40–11–48
41–11–48
61–11–48
Do.
Do.
Do.
Do.
Do.
11–12–48
21–12–48
39–12–48
40–12–48
41–12–48
61–12–48
Do.
Do.
Do.
Do.
Do.
Do.
1–13–48
21–13–48
39–13–48
40–13–48
41–13–48
61–13–48
Do.
Do.
Do.
Do.
Do.
Do.
11–11–19
21–11–19
39–11–19
40–11–19
41–11–19
61–11–19
Do.
Do.
Do.
Do.
Do.
Do.
11–12–19
21–12–19
39–12–19
40–12–19
41–12–19
61–12–19
Do.
Do.
Do.
Do.
Do.
Do.
11–13–20
21–13–20
39–13–20
40–13–20
41–13–20
61–13–20
Do.
Do.
Do.
Do.
Do.
Do.
11–13–21
21–13–21
39–13–21
40–13–21
41–13–21
61–13–21
Do.
Do.
Do.
Do.
Do.
Do.
11–11–22
21–11–22
39–11–22
40–11–22
41–11–22
61–11–22
Do.
Do.
Do.
Do.
Do.
Do.
11–12–22
21–12–22
39–12–22
40–12–22
41–12–22
61–12–22
Do.
Do.
Do.
Do.
Do.
Do.
11–13–23
21–13–23
39–13–23
40–13–23
41–13–23
61–13–23
Do.
Do.
Do.
Do.
Do.
Do.
11–13–24
21–13–24
39–13–24
40–13–24
41–13–24
Do.
Do.
Do.
Do.
Do.
210
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31
Surface Transportation Board
§ 1152.32
lpowell on DSK54DXVN1OFR with $$_JOB
Operating expense group and accounts
Account No.
Other expenses .......................................................
Shop buildings—freight cars
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Shop buildings—other equipment
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Locomotive servicing facilities
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Miscellaneous buildings and structures
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Coal terminals
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Ore terminals
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
TOFC/COFC terminals
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Other marine terminals
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Motor vehicle loading and distribution facilities
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Facilities for other specialized service operations
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Basis of assignment to on-branch costs
61–13–24
Do.
11–13–25
21–13–25
39–13–25
40–13–25
41–13–25
61–13–25
Do.
Do.
Do.
Do.
Do.
Do.
11–13–26
21–13–26
39–13–26
40–13–26
41–13–26
61–13–26
Do.
Do.
Do.
Do.
Do.
Do.
11–13–27
21–13–27
39–13–27
40–13–27
41–13–27
61–13–27
Do.
Do.
Do.
Do.
Do.
Do.
11–13–28
21–13–28
39–13–28
40–13–28
41–13–28
61–13–28
Do.
Do.
Do.
Do.
Do.
Do.
11–13–29
21–13–29
39–13–29
40–13–29
41–13–29
61–13–29
Do.
Do.
Do.
Do.
Do.
Do.
11–13–30
21–13–30
39–13–30
40–13–30
41–13–30
61–13–30
Do.
Do.
Do.
Do.
Do.
Do.
11–13–31
21–13–31
39–13–31
40–13–31
41–13–21
61–13–31
Do.
Do.
Do.
Do.
Do.
Do.
11–13–32
21–13–32
39–13–32
40–13–32
41–13–32
61–13–32
Do.
Do.
Do.
Do.
Do.
Do.
11–13–33
21–13–33
39–13–33
40–13–33
41–13–33
61–13–33
Do.
Do.
Do.
Do.
Do.
Do.
11–13–35
21–13–35
39–13–35
40–13–35
41–13–35
61–13–35
Do.
Do.
Do.
Do.
Do.
Do.
211
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31
§ 1152.32
49 CFR Ch. X (10–1–16 Edition)
Operating expense group and accounts
Account No.
lpowell on DSK54DXVN1OFR with $$_JOB
Roadway machines
Salaries and wages ................................................
11–13–36
Basis of assignment to on-branch costs
Daily repair costs per GMA, for each type of machine
used on the branch line sec. 1152.33(a)(1).
Do.
Do.
Do.
Do.
Do.
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Small tools and supplies
Other expenses .......................................................
21–13–36
39–13–36
40–13–36
41–13–36
61–13–36
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Snow removal
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased Services ................................................
Other expenses .......................................................
Fringe benefits—running ................................................
Fringe benefits—switching .............................................
Fringe benefits—other ....................................................
Casualties and insurance—running
Other casualties ......................................................
Insurance ................................................................
Casualties and insurance—switching
Other casualties ......................................................
Insurance ................................................................
Lease rentals—debit—running .......................................
Lease rentals—debit—switching ....................................
Lease rentals—debit—other ..........................................
Lease rentals—credit—running ......................................
Lease rentals—credit—switching ...................................
Lease rentals—credit—other .........................................
Joint facility rent—debit—running ..................................
Joint facility rent—debit—switching ...............................
Casualties and insurance—other
Other casualties ......................................................
Insurance ................................................................
Joint facility—debit—other .............................................
Joint facility rent—credit—running .................................
Joint facility rent—credit—switching ..............................
Joint facility rent—credit—other .....................................
Other rents—debit—running ..........................................
Other rents—debit—switching .......................................
Other rents—debit—other ..............................................
Other rents—credit—running .........................................
Other rents—credit—switching ......................................
Other rents—credit—other .............................................
Depreciation—running ....................................................
Depreciation—switching .................................................
Depreciation—other .......................................................
Joint facility—debit—running ..........................................
Joint facility—debit—switching .......................................
Joint facility—debit—other .............................................
Joint facility—credit—running .........................................
Joint facility—credit—switching ......................................
Joint facility—credit—other ............................................
Dismantling retired road property—running
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Dismantling retired road property—
switching
Salaries and wages ................................................
Materials ..................................................................
21–13–37
39–13–37
40–13–37
41–13–37
61–13–37
Assign supplies on the daily costs per GMA, for each
type of machine used on the branch; small tool assign to maintenance of way 11- 11/12–10 through
17, and 48, sec. 1152.33(a)(2).
Do.
Do.
Do.
Do.
Do.
11–13–38
21–13–38
39–13–38
40–13–38
41–13–38
61–13–38
12–11–00
12–12–00
12–13–00
Actual.
Do.
Do.
Do.
Do.
Do.
11–11–XX, sec. 1152.33(a)(3)(i).
11–12–XX, sec. 1152.33(a)(3)(ii).
11–13–XX, sec. 1152.33(a)(3)(iii).
52–11–00
53–11–00
Actual.
Do.
52–12–00
53–12–00
31–11–00
31–12–00
31–13–00
32–11–00
32–12–00
32–13–00
33–11–00
33–12–00
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
52–13–00
53–13–00
33–13–00
34–11–00
34–12–00
34–13–00
35–11–00
35–12–00
35–13–00
36–11–00
36–12–00
36–13–00
62–11–00
62–12–00
62–13–00
37–11–00
37–12–00
37–13–00
38–11–00
38–12–00
38–13–00
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
11–11–39
21–11–39
41–11–39
61–11–39
Do.
Do.
Do.
Do.
11–12–39
21–12–39
Do.
Do.
11–13–37
212
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31
Surface Transportation Board
§ 1152.32
Operating expense group and accounts
Account No.
Purchased services .................................................
Other expenses .......................................................
Dismantling retired road property—other
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Other—running
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Other—switching
Salaries and wages ................................................
Materials ..................................................................
Purchased Services ................................................
Other Expenses ......................................................
Other—other
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
(b) Maintenance of equipment:
(1) Locomotives: Administration
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Repairs and maintenance
Salaries and wages ................................................
lpowell on DSK54DXVN1OFR with $$_JOB
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Machinery repair
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Equipment damaged
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Equipment damaged
Fringe benefits ...............................................................
Other casualties and insurance
Other casualties ......................................................
Insurance ................................................................
Lease rentals—debit ......................................................
Lease rentals—credit .....................................................
Joint facility rent—debit ..................................................
Joint facility rent—credit .................................................
Other rents—debit ..........................................................
Other rents—credit .........................................................
Joint facility—debit .........................................................
Joint facility—credit ........................................................
Depreciation ...................................................................
Dismantling retired property
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Other
Salaries and wages ................................................
Materials ..................................................................
Basis of assignment to on-branch costs
41–12–39
61–12–39
Do.
Do.
11–13–39
21–13–39
41–13–39
61–13–39
Do.
Do.
Do.
Do.
11–11–99
21–11–99
41–11–99
61–11–99
Do.
Do.
Do.
Do.
11–12–99
21–12–99
41–12–99
61–12–99
Do.
Do.
Do.
Do.
11–13–99
21–13–99
41–13–99
61–13–99
Do.
Do.
Do.
Do.
11–21–01
21–21–01
41–21–01
61–21–01
Do.
Do.
Do.
Do.
11–21–41
21–21–41
39–21–41
40–21–41
41–21–41
61–21–41
Road diesel and road electric locomotive gross ton
miles. Yard diesel and yard electric locomotive unit
hours, § 1152.33(b)(1).
Do.
Do.
Do.
Do.
Do.
11–21–40
21–21–40
39–21–40
40–21–40
41–21–40
61–21–40
Actual.
Do.
Do.
Do.
Do.
Do.
11–21–48
21–21–48
39–21–48
40–21–48
41–21–48
61–21–48
Do.
Do.
Do.
Do.
Do.
Do.
12–21–00
11–21–XX, sec. 1152.33(b)(3)(i).
52–21–00
53–21–00
31–21–00
32–21–00
33–21–00
34–21–00
35–21–00
36–21–00
37–21–00
38–21–00
62–21–00
Actual.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
All locomotives,
1152.33(b)(2).
11–21–39
21–21–39
41–21–39
61–21–39
Actual.
Do.
Do.
Do.
11–21–99
21–21–99
Do.
Do.
locomotive
213
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31
unit
hours,
sec.
§ 1152.32
49 CFR Ch. X (10–1–16 Edition)
Operating expense group and accounts
Account No.
lpowell on DSK54DXVN1OFR with $$_JOB
Purchased services .................................................
Other expenses .......................................................
(2) Freight cars: Administration:
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Machinery repair
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Equipment damage
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Fringe benefits ...............................................................
Other casualties and insurance
Other casualties ......................................................
Insurance ................................................................
Joint facility rent—DR ....................................................
Joint facility rent—CR ....................................................
Joint facility—DR ............................................................
Joint facility—CR ............................................................
Dismantling retired property
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Other
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Freight car costs per day and per mile:
Repair and maintenance
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Lease rentals—DR .........................................................
Lease rentals—CR .........................................................
Depreciation ...................................................................
Other rents—DR ............................................................
Other rents—CR ............................................................
(3) Other equipment: Administration
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Repair and maintenance: Trucks, trailers and containers—revenue service
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Floating equipment—revenue service
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Basis of assignment to on-branch costs
41–21–99
61–21–99
Do.
Do.
11–22–01
21–22–01
41–22–01
61–22–01
Do.
Do.
Do.
Do.
11–22–40
21–22–40
39–22–40
40–22–40
41–22–40
61–22–40
Do.
Do.
Do.
Do.
Do.
Do.
11–22–48
21–22–48
39–22–48
40–22–48
41–22–48
61–22–48
12–22–00
Do.
Do.
Do.
Do.
Do.
Do.
11–22–XX, sec. 1152.33–(b)(3)(iii).
52–22–00
53–22–00
33–22–00
34–22–00
37–22–00
38–22–00
Actual.
Do.
Do.
Do.
Do.
Do.
11–22–39
21–22–39
41–22–39
61–22–39
Do.
Do.
Do.
Do.
11–22–99
21–22–99
41–22–99
61–22–99
Do.
Do.
Do.
Do.
11–22–42
21–22–42
39–22–42
40–22–42
41–22–42
61–22–42
31–22–00
32–22–00
62–22–00
35–22–00
36–22–00
These accounts are used to develop the cost per car
day and per car mile for each type of car, sec.
1152.32(g).
Do.
Do.
Do.
Do.
Do.
11–23–01
21–23–01
41–23–01
61–23–01
Actual.
Do.
Do.
Do.
11–23–43
21–23–43
39–23–43
40–23–43
41–23–43
61–23–43
Do.
Do.
Do.
Do.
Do.
Do.
11–23–44
21–23–44
39–23–44
40–23–44
41–23–44
61–23–44
Do.
Do.
Do.
Do.
Do.
Do.
214
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31
Surface Transportation Board
§ 1152.32
lpowell on DSK54DXVN1OFR with $$_JOB
Operating expense group and accounts
Account No.
Computer and data processing
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Machinery
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Work and other non revenue equipment
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Equipment damaged
Salaries and wages ................................................
Materials ..................................................................
Repairs by others—DR ...........................................
Repairs for others—CR ..........................................
Purchased services .................................................
Other expenses .......................................................
Equipment damaged
Fringe benefits ...............................................................
Other casualties and insurance
Other casualties ......................................................
Insurance ..................................................
Lease rentals—DR ..................................................
Lease rentals—CR ..................................................
Joint facility rent—DR .............................................
Joint facility rent—CR .............................................
Other rents—DR .....................................................
Other rents—CR .....................................................
Depreciation ............................................................
Joint facility—DR .....................................................
Joint facility—CR .....................................................
Dismantling retired property
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Other
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
(c) Transportation:
(1) Train operations: Administration:
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Engine crews
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Train crews
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Dispatching trains
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Operating signals and interlockers
Salaries and wages ................................................
Basis of assignment to on-branch costs
11–23–46
21–23–46
39–23–46
40–23–46
41–23–46
61–23–46
Do.
Do.
Do.
Do.
Do.
Do.
11–23–40
21–23–40
39–23–40
40–23–40
41–23–40
61–23–40
Do.
Do.
Do.
Do.
Do.
Do.
11–23–47
21–23–47
39–23–47
40–23–47
41–23–47
61–23–47
Do.
Do.
Do.
Do.
Do.
Do.
11–23–48
21–23–48
39–23–48
40–23–38
41–23–48
61–23–48
Do.
Do.
Do.
Do.
Do.
Do.
12–23–00
11–23–XX, sec. 1152.33(b)(3)(ii).
52–23–00
53–23–00
31–23–00
32–23–00
33–23–00
34–23–00
35–23–00
36–23–00
62–23–00
37–23–00
38–23–00
Actual.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
11–23–39
21–23–39
41–23–39
61–23–39
Do.
Do.
Do.
Do.
11–23–99
21–23–99
41–23–99
61–23–99
Do.
Do.
Do.
Do.
11–31–01
21–31–01
41–31–01
61–31–01
Do.
Do.
Do.
Do.
11–31–56
21–31–56
41–31–56
61–31–56
Do.
Train hours, sec. 1152.33(c)(1)(i).
Actual.
Do.
11–31–57
21–31–57
41–31–57
61–31–57
Do.
Train hours, sec. 1152.33(c)(1)(i).
Actual.
Do.
11–31–58
21–31–58
41–31–58
61–31–58
Do.
Do.
Do.
Do.
11–31–59
Do.
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31
§ 1152.32
49 CFR Ch. X (10–1–16 Edition)
lpowell on DSK54DXVN1OFR with $$_JOB
Operating expense group and accounts
Account No.
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Operating drawbridges
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Highway crossing protection
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Train and inspection and lubrication
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Locomotive fuel
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Electric power purchased or produced for
motive power
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Servicing locomotives
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Freight lost or damaged—solely related ........................
Clearing wrecks
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Fringe benefits ...............................................................
Other casualties and insurance
Other casualties ......................................................
Insurance ................................................................
Joint facility—DR .....................................................
Joint facility—CR .....................................................
Other
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
(2) Yard operations: Administration:
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Switch crews
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Controlling operations
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Yard and terminal clerical
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Operating switches, signals, retarders
and humps
Salaries and wages ................................................
Basis of assignment to on-branch costs
21–31–59
41–31–59
61–31–59
Do.
Do.
Do.
11–31–60
21–31–60
41–31–60
61–31–60
Do.
Do.
Do.
Do.
11–31–61
21–31–61
41–31–61
61–31–61
Do.
Do.
Do.
Do.
11–31–62
21–31–62
41–31–62
61–31–62
Train hours, Sec. 1152.33(c)(1)(i).
Do.
Actual.
Do.
11–31–67
21–31–67
41–31–67
61–31–67
Diesel locomotive unit hours, Sec. 1152.33(c)(1)(ii).
Do.
Do.
Do.
11–31–68
21–31–68
41–31–68
61–31–68
Electric locomotive unit hours, sec. 1152.33(c)(1)(iii).
Do.
Do.
Do.
11–31–69
21–31–69
41–31–69
61–31–69
51–31–00
Locomotive unit miles, sec. 1152.33(c)(1)(iv).
Do.
Do.
Do.
Actual.
11–31–63
21–31–63
41–31–63
61–31–63
12–31–00
Do.
Do.
Do.
Do.
11–31–XX, sec. 1152.33 (c)(4)(i).
52–31–00
53–31–00
37–31–00
38–31–00
Actual.
Do.
Do.
Do.
11–31–99
21–31–99
41–31–99
61–31–99
Do.
Do.
Do.
Do.
11–32–01
21–32–01
41–32–01
61–32–01
Do.
Do.
Do.
Do.
11–32–64
21–32–64
41–32–64
61–32–64
Do.
Locomotive unit hours, sec. 1152.33(c)(2)(i)
Actual.
Do.
11–32–65
21–32–65
41–32–65
61–32–65
Do.
Do.
Do.
Do.
11–32–66
21–32–66
41–32–66
61–32–66
Do.
Do.
Do.
Do.
11–32–59
Do.
216
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31
Surface Transportation Board
§ 1152.32
lpowell on DSK54DXVN1OFR with $$_JOB
Operating expense group and accounts
Account No.
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Locomotive fuel
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Electric power purchased or produced for
motive power
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Servicing locomotives
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Freight lost or damaged—solely related ........................
Clearing wrecks
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Fringe benefits ........................................................
Other casualties and insurance
Other casualties ......................................................
Insurance ................................................................
Joint facility—DR .....................................................
Joint facility—CR .....................................................
Other
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
(3) Train and yard operations common:
Cleaning car interiors
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Adjusting and transferring loads
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Carloading devices and grain doors
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Freight lost or damaged—all other ................................
Fringe benefits ...............................................................
(4) Specialized service operations: Administration:
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Pick-up and delivery, marine line haul,
and rail substitute service
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Loading and unloading and local marine
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Protective services
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Freight lost or damaged—Solely related .......................
Fringe benefits ...............................................................
Basis of assignment to on-branch costs
21–32–59
41–32–59
61–32–59
Do.
Do.
Do.
11–32–67
21–32–67
41–32–67
61–32–67
Dieselloco motive unit hours, sec. 1152.33(c)(2)(ii)
Do.
Do.
Do.
11–32–68
21–32–68
41–32–68
61–32–68
Electric locomotive unit hours, sec. 1152.33(c)(2)(iii).
Do.
Do.
Do.
11–32–69
21–32–69
41–32–69
61–32–69
51–32–00
Locomotive unit hours, sec. 1152.33(c)(2)(i).
Do.
Do.
Do.
Actual.
11–32–63
21–32–63
41–32–63
61–32–63
12–32–00
Do.
Do.
Do.
Do.
11–32–XX, sec. 1152.33(c)(4)(ii).
52–32–00
53–32–00
37–32–00
38–32–00
Actual.
Do.
Do.
Do.
11–32–99
21–32–99
41–32–99
61–32–99
Do.
Do.
Do.
Do.
11–33–70
21–33–70
41–33–70
Do.
Do.
Do.
11–33–71
21–33–71
41–33–71
Do.
Do.
Do.
11–33–72
21–33–72
41–33–72
51–33–00
12–33–00
Do.
Do.
Do.
Do.
11–33–XX, sec. 1152.33(c)(4)(iii).
11–34–01
21–34–01
41–34–01
61–34–01
Actual.
Do.
Do.
Do.
11–34–73
21–34–73
41–34–73
61–34–73
Do.
Do.
Do.
Do.
11–34–74
21–34–74
41–34–74
61–34–74
Do.
Do.
Do.
Do.
11–34–75
21–34–75
41–34–75
61–34–75
51–34–00
12–34–00
Do.
Do.
Do.
Do.
Do.
11–34–XX, sec. 1152.33(c)(4)(iv).
217
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31
§ 1152.32
49 CFR Ch. X (10–1–16 Edition)
lpowell on DSK54DXVN1OFR with $$_JOB
Operating expense group and accounts
Account No.
Casualties and insurance
Other casualties ......................................................
Insurance ................................................................
Joint facility—DR .....................................................
Joint facility—CR .....................................................
Other
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
(5) Administrative support operations: Administration :
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Employees performing clerical and accounting functions
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Communication systems operation
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Loss and damage claims processing
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Fringe benefits ...............................................................
Joint facility—DR ............................................................
Joint facility—CR ............................................................
Casualties and insurance.
Other casualties ......................................................
Insurance ................................................................
Other
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
(d) General Administrative Officers—general administration:
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Accounting, auditing and finance
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Management services and data processing
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Marketing:
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Sales
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Industrial development
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Basis of assignment to on-branch costs
52–34–00
53–34–00
37–34–00
38–34–00
Actual.
Do.
Do.
Do.
11–34–99
21–34–99
41–34–99
61–34–99
Do.
Do.
Do.
Do.
11–35–01
21–35–01
41–35–01
61–35–01
Do.
Do.
Do.
Do.
11–35–76
21–35–76
41–35–76
61–35–76
Do.
Do.
Do.
Do.
11–35–77
21–35–77
41–35–77
61–35–77
Do.
Do.
Do.
Do.
11–35–78
21–35–78
41–35–78
61–35–78
12–35–00
37–35–00
38–35–00
Number of claims, sec. 1152.33(c)(3)(i).
Do.
Do.
Do.
11–35–XX. sec. 1152.33(c)(4)(v).
Actual.
Do.
52–35–00
53–35–00
Do.
Do.
11–35–99
21–35–99
41–35–99
61–35–99
Do.
Do.
Do.
Do.
11–61–01
21–61–01
41–61–01
61–61–01
Do.
Do.
Do.
Do.
11–61–86
21–61–86
41–61–86
61–61–86
Do.
Do.
Do.
Do.
11–61–87
21–61–87
41–61–87
61–61–87
Do.
Do.
Do.
Do.
11–61–88
21–61–88
41–61–88
61–61–88
Do.
Do.
Do.
Do.
11–61–89
21–61–89
41–61–89
61–61–89
Do.
Do.
Do.
Do.
11–61–90
21–61–90
41–61–90
Do.
Do.
Do.
218
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31
Surface Transportation Board
§ 1152.32
Operating expense group and accounts
Account No.
lpowell on DSK54DXVN1OFR with $$_JOB
Other expenses .......................................................
Personnel and labor relations
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Legal and secretarial
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Public relations and advertising
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Research and development
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Fringe benefits ...............................................................
Casualties and insurance
Other casualties ......................................................
Insurance ................................................................
Writedown of uncollectible accounts ..............................
Other taxes except on corporate income or payroll ......
Joint facility—DR ............................................................
Joint facility—CR ............................................................
Other
Salaries and wages ................................................
Materials ..................................................................
Purchased services .................................................
Other expenses .......................................................
Basis of assignment to on-branch costs
61–61–90
Do.
11–61–91
21–61–91
41–61–91
61–61–91
Do.
Do.
Do.
Do.
11–61–92
21–61–92
41–61–92
61–61–92
Do.
Do.
Do.
Do.
11–61–93
21–61–93
41–61–93
61–61–93
Do.
Do.
Do.
Do.
11–61–94
21–61–94
41–61–94
61–61–94
12–61–00
Do.
Do.
Do.
Do.
11–61–XX, sec. 1152.33(d)(1).
52–61–00
53–61–00
63–61–00
65–61–00
37–61–00
38–61–00
Actual
Do.
Do.
Do.
Do.
Do.
11–61–99
21–61–99
41–61–99
61–61–99
Do.
Do.
Do.
Do.
(e) Deadheading, taxi, and hotel costs.
The costs assigned under this subsection shall be the actual costs incurred as a result of providing service
to the branch line for deadheading,
taxi, and hotel costs. The amounts included under this subsection shall not
be included under other subsections of
these regulations.
(f) Overhead movement costs. The costs
assigned under this subsection shall be
the actual costs incurred in moving
over any other rail line solely to reach
and provide service to the branch. The
amounts shown under this subsection
shall not be included under other subsections of these regulations.
(g) Freight car costs. For Class I railroads, the on-segment costs for timemileage freight cars shall be calculated
on the basis of the carrier’s average
cost per day and per mile. Those
freight cars that are rented on a
straight mileage basis are to be costed
on the carrier’s average cost per mile
for each type of car rented on this
basis. No costs are to be included in the
calculation for private line (shipper
owned) or other cars for which the railroad does not make payments. The cost
per day and per mile shall be calculated separately for each type of car
specified in Ex Parte No. 334, Car Service
Compensation—Basic
Per
Diem
Charges, 362 I.C.C. 884 (1980). The freight
car costs shall be separated between
‘‘return on value-freight cars’’ and
‘‘freight car costs other than return on
freight cars’’. The costs assigned to a
line under this subsection are to be derived from the accounts listed below.
Operating expense group—Repair and maintenance
Salaries and wages .........................................
Materials ..........................................................
Repairs by others—DR ...................................
Repairs for others—CR ...................................
Purchased services .........................................
Other expenses ...............................................
Lease rentals—DR ..........................................
Lease rentals—CR ..........................................
Depreciation
Other rents—DR .......................................
Other rents—CR .......................................
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11–22–42
21–22–42
39–22–42
40–22–42
41–22–42
61–22–42
31–22–00
32–22–00
35–22–00
36–22–00
The system total of the repair and
maintenance accounts, all accounts
designated XX-XX-42, and depreciation
219
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lpowell on DSK54DXVN1OFR with $$_JOB
§ 1152.32
49 CFR Ch. X (10–1–16 Edition)
shall be divided into time-related costs
and mileage-related costs on the basis
of 50 percent time and 50 percent mileage for repairs, and 60 percent time and
40 percent mileage for depreciation.
Freight car costs shall not include depreciation as determined in Account
No. 62–22–00. Freight car depreciation
shall be calculated in the manner set
forth in paragraph (g)(3)(i) of this section. The system total receipts and
payments for the hire of time-mileage
cars, and the basic data used in the development of the car-day and car-mile
factors, shall be taken from the carrier’s latest Form R–1 and company
records. The specific steps to complete
the calculation are as follows:
(1) The total system car days by car
type shall be calculated by:
(i) Averaging the carrier’s freight car
ownership at the beginning and end of
the year (Form R–1, schedule 710, columns (b) and (k);
(ii) Multiplying the average by the
standard active number of car days
(346) as developed in ICC Docket No.
31358;
(iii) Subtracting car days on foreign
lines (source: Company records); and
(iv) Adding the foreign car days on
home line (source: Company records).
This procedure shall be followed for
each car type specified in Ex Parte No.
334, supra.
(2) The total railroad car miles shall
be calculated by adding the loaded car
miles for the railroad owned and leased
cars (R–1, Schedule 755) to empty car
miles for the railroad owned or leased
cars (R–1, Schedule 755). The total car
miles, loaded and empty, shall be calculated for each car type specified in
Ex Parte No. 334, supra.
(3) The cost per car day shall be calculated for each type of time-mileage
car by adding 50 percent of total
freight car repair costs for each type
(Form R–1, schedule 415, column (b)),
and 60 percent of the depreciation shall
be developed as follows:
(i) The current value for each type of
car shall be calculated by first arriving
at the current cost per car using the
most recent purchase of this type by
the railroad indexed to the midpoint of
the year or a price quote from the manufacturer. This unit price shall be applied to the average number of this
type of car owned by the carrier during
the year. The current value developed
for each car type is then multiplied by
the composite depreciation rate for
that type of car as shown in the latest
annual report filed with the Board or
company records.
(ii) Add 100 percent of the return on
investment. Return on investment
shall be determined by multiplying the
current value of each type of car, developed in paragraph (g)(3)(i) of this
section, by 1 minus the ratio of accumulated depreciation to the total
original cost investment. This will determine the net current value for each
type of car. The net current value for
each type of car shall then be multiplied by the nominal rate of return calculated in § 1152.34(d) to obtain nominal
return on investment for each type of
car. The total return on investment
shall then be calculated by deducting
the projected holding gain (loss) for the
forecast and/or subsidy year from the
nominal return on investment for each
type of car. In any instance where the
holding gain is not specifically determined for freight cars, the Gross Domestic Product deflator calculated by
the U.S. Department of Commerce
shall be used. The total return on investment for each type of car shall
then be divided by total car-days for
each car-type developed in paragraph
(g)(1) of this section.
(iii) To the amounts for repairs and
depreciation, add the time portion of
the railroad’s payment for hire of timemileage freight cars (Form R–1, schedule 414, column (g)), and subtract the
time portion of the railroad’s receipts
for hire of time mileage freight cars
(Form R–1, schedule 414, column (d)).
The total of these costs is divided by
the total car days for each type developed in paragraph (g)(1) of this section.
(4) The cost per mile shall be calculated for each type of time-mileage
car as follows. First, add:
(i) 50 percent of the total freight
train car repair cost for each car type
(Form R–1, schedule 415, column (b));
(ii) 40 percent of the total depreciation costs for each car type developed
in paragraph (g)(3)(i) of this section;
and
(iii) The mileage portion of the carrier’s payments for the hire of time-
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§ 1152.32
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mileage freight cars (Form R–1, schedule 414, column (f)).
Second, subtract the mileage portion of
the carrier’s receipts for hire of timemileage freight cars (Form R–1, schedule 414, column (c)). Finally, divide the
result by the total car-miles for each
car-type developed in paragraph (g)(2)
of this section.
(5) The costs per car day and per car
mile developed in paragraphs (g) (3)
and (4) of this section shall be applied
to the total car days and total car
miles for each car type accumulated on
the line segment for all traffic originated and/or terminated on the segment plus those freight cars that
bridge the line segment which are attributed to time-mileage freight train
cars. The on-segment costs for freight
cars rented on a straight mileage basis
shall be the railroad’s total payments
for mileage cars (Form R–1, schedule
414, column (e)) for each car type divided by the total miles on which the
charges were based.
(6) For Class II and III railroads, the
on-segment costs for time-mileage and
straight mileage freight cars shall be
calculated in the same manner prescribed for Class I railroads, using the
latest data available.
(h) Return on investment—locomotive
(line). The return on investment shall
be calculated for each type of classification of locomotive that is actually
used to provide service to the line segment. The return for the locomotive(s)
used shall be calculated in accordance
with the following procedure:
(1) The current replacement cost for
each type of locomotive used to serve
the line segment shall be based on the
most recent purchase of that particular
type and size locomotive by the carrier, indexed to the midpoint of the
forecast and/or subsidy year, or on an
amount quoted by the manufacturer.
The amount must be substantiated.
This unit cost shall be multiplied by 1
minus the ratio of total accumulated
depreciation to original total cost of
that type of equipment owned by applicant-carrier, as shown by company
records.
(2) The current nominal cost of capital shall be used in the calculation of
return on investment for locomotives
and shall be calculated as provided in
§ 1152.34(d).
(3) The return on investment for each
category or type of locomotive shall be
the nominal return less the holding
gain (loss). The nominal return is calculated by multiplying the replacement cost determined in paragraph
(h)(1) of this section by the nominal
rate of return determined in paragraph
(h)(2) of this section. The holding gain
(loss) shall be the gain (loss) projected
to occur during the forecast and/or subsidy year. In any instance where the
holding gain is not specifically determined for locomotives, the Gross Domestic Product deflator calculated by
the U.S. Department of Commerce
shall be used.
(4) The return on investment for each
type of locomotive shall be assigned to
the line segment on a ratio of the locomotive unit hours on the segment to
average locomotive unit hours per unit
for each type of locomotive in the system. This ratio will be developed as follows:
(i) The carrier shall keep and maintain records of the number of hours
that each type of locomotive incurred
in serving the segment during the subsidy period.
(ii) The railroad shall develop the
system average locomotive unit hours
per unit for each of the following types
of locomotives; yard diesel; yard-other;
road diesel; and road-other.
(iii) The ratio applied to the return
on investment is calculated by dividing
the hours that each type or class of locomotive is used to serve the segment,
as developed in paragraph (h)(4)(i) of
this section, by the system average locomotive unit hours per unit for the
applicable type developed in paragraph
(h)(4)(ii) of this section.
(5) The cost assigned to the segment
for each type of locomotive shall be
calculated by multiplying the annual
return on investment developed in
paragraph (h)(3) of this section by the
ratio(s) developed in paragraph (h)(4) of
this section.
(i) Revenue taxes. The amount of revenue taxes shall be computed based on
the amounts directly paid in those
states that subject the railroad to a
revenue tax.
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§ 1152.32
49 CFR Ch. X (10–1–16 Edition)
(j) Property taxes (Line). (1) The assigned costs under this subsection shall
be the net systemwide property tax
savings resulting from the abandonment, calculated as set out below, if
the applicant-carrier intends subsequently to sell or otherwise dispose of
the abandoned properties. If the applicant-carrier expresses an intent to dispose of the properties, it will be presumed that the properties will ultimately be sold or otherwise disposed of
after abandonment. Protestants may
rebut this presumption by showing
that it would be financially beneficial
to retain ownership of the property for
investment purposes.
(2) In states where a true ad valorem
tax is levied on real property (such as
track, land, buildings, and other facilities), applicant must affirm that the ad
valorem method applies and must substantiate the amount of property taxes
levied against the property on the line
segment.
(3) In states where the ad valorem
method is not employed, applicant
must describe the applicable property
tax methodology if it is claiming the
local property tax as an avoidable cost
of operations. Additionally, it must
substantiate with evidence and computations the actual statewide tax savings attributable to the abandonment.
(4) Any property tax properly substantiated under paragraphs (j)(2) or (3)
of this section shall be presumed to
represent systemwide savings to the
carrier. Protestants may rebut this
presumption by presenting evidence:
(i) That property taxes in those
states where the carrier operates that
are not involved in the abandonment
will increase significantly because of
reassessments attributable to the
abandonment; or
(ii) That a significantly higher property tax will be levied against a retained portion of the abandoned property. If applicant does not refute
protestant’s evidence, it may claim
avoidable property taxes only if, and to
the extent, it proves systemwide property tax savings.
(5) In states where real property
taxes are assessed and levied against
the owner of the property but the tax
on rolling stock is assessed to the railroad operating the service on the basis
of a formula of a statewide valuation of
property, the tax on rolling stock attributable to each line segment shall
be determined as follows:
(i) Using ratio of the cost of equipment (as used in the formula) to the
total of all property costs (as used in
formula);
(ii) Apply that ratio to the total
state assessment to determine the portion of the assessment attributable to
rolling stock;
(iii) Allocate the rolling stock assessment thus determined to each line segment on the basis of car and locomotive unit miles on the segment to
total car and locomotive unit miles in
the state; and
(iv) Apply the appropriate tax rate or
rates to the allocated assessment thus
determined.
(k) Administrative costs. The costs assigned under this account shall be the
actual costs directly attributable to
the administration of the subsidy program or at the option of the carrier,
one percent of the total annual revenues attributed to the branch shall be
allowable to cover all costs of administering the subsidy program. Either
method may be used, but not both.
(l) Casualty reserve account. The costs
assigned under this account shall be
any payments mutually agreed to by
the person offering the subsidy and the
railroad for the purpose of holding the
subsidizer harmless from any liability
under those accounts that are used to
record any costs incurred by the railroad as a result of an accident.
(m) Rehabilitation. (1) For abandonment purposes the applicant carrier
shall project the amounts necessary to
permit efficient operations over the
line segment. The carrier shall indicate
the level of FRA class safety standard
to be attained with the amount of expenditure. See 49 CFR part 213. Applicant, in making its projection of rehabilitation costs, shall give consideration to:
(i) The cost to attain the lowest operationally feasible track level;
(ii) The cost to attain the rehabilitation level resulting in the lowest operating and rehabilitation expenditures;
or
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Surface Transportation Board
§ 1152.32
(iii) The cost to attain the rehabilitation level resulting in the lowest loss,
or highest profit, from operations.
(2) For subsidy purposes rehabilitation costs shall not be included unless:
(i) The track fails to meet minimum
Federal Railroad Administrative class
1 safety standards (49 CFR part 213), in
which case the railroad will furnish,
with the abandonment application, a
detailed estimate of the costs to rehabilitate the track to the minimum
level; or
(ii) The potential subsidizer requests
a level of service which requires expenditures for rehabilitation.
(n) Off-branch costs. The off-branch
costs developed in this section shall be
separated between ‘‘off-branch costs
other than return on freight cars’’ and
‘‘return on value-freight cars’’. The offbranch costs shall be developed in the
following manner:
(1) Terminal costs, line-haul costs,
interchange costs, and modified terminal costs shall be considered as the
off-branch avoidable costs of providing
service over the remainder of the railroad’s system. These costs shall be
computed by applying the variable unit
costs to the service units attributed to
the branch line’s traffic for the time
periods specified in § 1152.22(d) of this
part.
(2) The procedure for determining the
off-branch costs shall be based upon
the URCS cost formula. This formula
shall be applied to the latest Annual
Report Form R–1 filed by the railroad,
with two exceptions. First, the amount
used in the formula for freight car depreciation shall be calculated using the
procedure discussed in paragraph
(g)(3)(iii) of this section applied to the
average total car fleet of the railroad.
Second, the return on investment in
freight cars shall be computed using
the procedure set forth in paragraph
(g)(3)(ii) of this section. In addition,
the application of URCS shall include
the use of the nominal cost of capital
for all return on investment determinations.
(3) The Class I Procedure: A Class I
railroad shall calculate its off-branch
costs using the Class I procedure as set
forth below in this paragraph.
(i) The unit costs developed by applying URCS in the manner specified in
paragraph (n)(2) of this section shall be
applied to the service characteristics of
each movement of traffic that is attributed to the branch line. This application shall result in the total off-branch
cost associated with this traffic for
normal terminal handlings, line-haul
mileage, and interchange events.
(ii) The modified terminal cost per
carload shall be calculated separately
for each type of freight car and applied
to each car that is attributed to the
branch line. The modified terminal
cost shall consist of clerical costs, two
days of freight car cost, and an interintra train switching cost (locomotive
engine minute cost only). The clerical
cost and inter-intra train switching
cost shall be calculated from unit costs
developed within the individual URCS
application.
(A) The unit costs for the clerical
cost per carload calculation are located
in URCS Worktable E1, Part 1: Line
106, columns 1, 2, and 3; line 107, column 1; line 108, column 1; line 109, column 1; and line 110, column 1.
(B) The inter-intra train switching
cost shall be calculated by multiplying
the total switch engine minute cost
from URCS Worktable E1, Part 1, line
111, columns 1, 2, and 3 by the total
minutes specified in the next sentence.
The total minutes specified in this sentence shall equal the sum of:
(1) The minutes per switch event
from Worktable E2, Part 1, line 118,
column 29; and
(2) The product of the minutes per
switch event from Worktable E2, Part
1, line 118, column 29 and the ratio of
loaded to total car miles for the particular type of freight car being costed.
(C) The freight car cost shall be the
car ownership costs per car day for 2
days developed in accordance with the
procedures set forth in paragraph (g)(3)
of this section for the type of freight
car being costed.
(iii) For a Class I railroad, the total
costs calculated using the procedures
set forth in paragraphs (n)(3)(i) and
(n)(3)(ii) of this section shall constitute
the off-branch costs attributable to the
branch line’s traffic.
(4) A Class II or Class III railroad
shall calculate its off-branch costs
using any one of three different procedures. The Class I Procedure: A Class II
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§ 1152.32
49 CFR Ch. X (10–1–16 Edition)
or Class III railroad may calculate its
off-branch costs using the Class I procedure set forth in paragraph (n)(3) of
this section, if the necessary data are
available from the railroad’s own
records. If the data necessary to complete the Class I procedure set forth in
paragraph (n)(3) of this section are not
available from the railroad’s own
records, the Class II or Class III railroad shall calculate its off-branch costs
using either one of the following procedures based on the latest regional
URCS data and the railroad’s own
records. The Class II/III Simplified Costing Procedure: A Class II or Class III
railroad may calculate its off-branch
costs using the Class I procedure set
forth in paragraph (n)(3) of this section, with regional URCS data of the
Class I railroads used in lieu of individual URCS data of the Class II or
Class III railroad. Costs developed
through the use of the Class II/III simplified costing procedure shall enjoy a
rebuttable presumption of correctness.
The Class II/III Standard Costing Procedure: A Class II or Class III railroad
may calculate its off-branch costs
using the Class II/III standard costing
procedure set forth in paragraphs
(n)(4)(i) through (n)(4)(xiv) of this section. Costs developed through the use
of the Class II/III standard costing procedure shall be given preference over
costs developed through the use of the
Class II/III simplified costing procedure. The Class II/III standard costing
procedure is set forth in paragraphs
(n)(4)(i) through (n)(4)(xiv) of this section.
(i) The Class II or Class III railroad
shall first determine which URCS regional application will be used based
on its geographical location. The railroad’s total estimated system variable
expenses are calculated by multiplying
its total operating expenses by the
ratio of variable expenses to total expenses; this ratio is located in Worktable D8, Part 6, line 615, column 1 of
the URCS printout for the appropriate
region. If a railroad has passenger and
freight service, the freight portion of
the total estimated system variable expenses shall be calculated by multiplying the total estimated system variable expenses, calculated as above, by
the ratio of freight related operating
expenses to total railway operating expenses.
(ii) The total number of revenue carload terminal handlings, as determined
from the railroad’s records, shall be
calculated as the sum of:
(A) Originated and terminated (local)
revenue carloads multiplied by 2; plus
(B) Interchanged and either originated or terminated (interline) revenue
carloads.
(iii) The total number of revenue carload interchange handlings, as determined from the railroad’s records, shall
be calculated as the sum of:
(A) Bridge (interchange to interchange) revenue carloads multiplied by
2; plus
(B) Revenue carloads that are interchanged and either originated or terminated (interline).
(iv) The system average shipment
weight per car, as determined from the
railroad’s records, shall be calculated
by dividing:
(A) Ton-miles-revenue freight by
(B) Loaded freight car miles.
(v) The system average loaded car
miles per car, as determined from the
railroad’s records, shall be calculated
by dividing:
(A) Revenue ton-miles by
(B) Revenue tons.
(vi) The railroad shall complete a
URCS Phase III ‘‘Movement Costing
Program’’ based on the application of
URCS data for the appropriate region.
The following data shall be inputs to
the Phase III program application.
(A) The carrier code, either ‘‘REG 4’’
or ‘‘REG 7’’, shall correspond to the appropriate region.
(B) The type of shipment shall be designated as ‘‘OD’’ in order for the movement to be costed as an interline movement.
(C) The distance shall be the system
average loaded car miles per car as developed in paragraph (n)(4)(v) of this
section.
(D) The type of freight car shall be
identified as a Box, General Service
Equipped, which has an input user code
of ‘‘3’’. If all of the traffic on the
branch line is transported in a single
type of car, and it is not a Box, General
Service Equipped, the code for that
type of car may be substituted.
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Surface Transportation Board
§ 1152.32
(E) The number of freight cars shall
be ‘‘1’’.
(F) The car ownership factor shall be
designated as ‘‘R’’ for railroad owned
cars unless all of the branch line traffic
is moved in privately owned cars, in
which case the code ‘‘P’’ for privately
owned cars would be the input.
(G) The program requires a loss and
damage input. The code ‘‘48’’, representing the average of all commodities, shall be used.
(H) The input for shipment weight
shall be the system average shipment
weight per car developed in paragraph
(n)(4)(iv) of this section.
(I) The input for type of movement
shall be ‘‘1’’, representing an individual
car movement.
(vii) The ratios employed to separate
the total estimated system variable expenses, as determined in paragraph
(n)(4)(i) of this section, among terminal, interchange, and line-haul operations shall be based on the procedures
outlined in this paragraph (n)(4)(vii).
This separation shall reflect the variable costs resulting from the application of the URCS Phase III program
based on the input factors specified in
paragraph (n)(4)(vi) of this section. The
ratios shall be calculated in the following manner:
(A) The terminal expenses calculated
by the application of the Phase III program shall consist of the following:
(1) ‘‘Carload and Clerical Costs’’ shall
be calculated as the sum of lines 256,
258, 260, 262, 264, 266, and 268.
(2) Switching expenses based on
‘‘Total SEM-Industry’’ shall be calculated by multiplying:
(i) The sum of lines 315, 317, and 319,
by
(ii) Line 311.
(3) Car mile yard cost ‘‘CM(Y)-Industry’’ shall be calculated by multiplying:
(i) The sum of lines 426, 428, and 430,
by
(ii) Line 422.
(4) Car day yard cost ‘‘CD(Y)-Industry’’ and ‘‘CD(Y)-L&UL’’ shall be calculated by multiplying:
(i) The sum of lines 452, 454, and 456,
by
(ii) The sum of lines 446 and 450.
(5) The expenses for accessorial services for railroad owned cars shall be
calculated as the sum of:
(i) The product of line 422 and the
sum of lines 464, 466, and 468; plus
(ii) The product of the sum of lines
446 and 450 and the sum of lines 476, 478,
and 480.
(B) The interchange expenses calculated by the application of the Phase
III program shall consist of the following:
(1) Switching expenses based on
‘‘Total SEM-Interchange’’ shall be calculated by multiplying
(i) The sum of lines 315, 317, and 319,
by
(ii) Line 312.
(2) Car mile cost in interchange
‘‘CM(Y)-Interchange’’ shall be calculated by multiplying:
(i) The sum of lines 426, 428, and 430,
by
(ii) Line 423.
(3) Car day cost in interchange
‘‘CD(Y)-Interchange (L&E)’’ shall be
calculated by multiplying:
(i) The sum of lines 452, 454, and 456,
by
(ii) Line 447.
(4) The expenses for accessorial services for railroad owned cars shall be
calculated as the sum of:
(i) The product of line 423 and the
sum of lines 464, 466, and 468; plus.
(ii) The product of line 447 and the
sum of lines 476, 478, and 480.
(C) The line-haul expenses resulting
from the application of the Phase III
program shall be calculated by subtracting the sum of:
(1) The terminal expenses as determined in paragraph (n)(4)(vii)(A) of this
section, and
(2) The interchange expenses as determined in paragraph (n)(4)(vii)(B) of
this section, from
(3) The total variable cost excluding
loss and damage as calculated in the
Phase III program at line 696.
(D) The ratio for terminal expenses
shall be calculated by dividing the terminal expenses as determined in paragraph (n)(4)(vii)(A) of this section by
the total variable cost excluding loss
and damage as calculated in the Phase
III program at line 696.
(E) The ratio for interchange expenses shall be calculated by dividing
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§ 1152.32
49 CFR Ch. X (10–1–16 Edition)
the interchange expenses as determined in paragraph (n)(4)(vii)(B) of this
section by the total variable cost excluding loss and damage as calculated
in the Phase III program at line 696.
(F) The ratio for line-haul expenses
shall be calculated by dividing the linehaul expenses as determined in paragraph (n)(4)(vii)(C) of this section by
the total variable cost excluding loss
and damage as calculated in the Phase
III program at line 696.
(viii) The railroad’s total estimated
system variable expenses shall be separated as follows:
(A) The total terminal variable expenses shall be calculated by multiplying the total estimated system variable expenses as determined in paragraph (n)(4)(i) of this section by the
ratio for terminal expenses as determined in paragraph (n)(4)(vii)(D) of this
section.
(B) The total interchange variable
expenses shall be calculated by multiplying the total estimated system variable expenses as determined in paragraph (n)(4)(i) of this section by the
ratio for interchange expenses as determined in paragraph (n)(4)(vii)(E) of this
section.
(C) The total line-haul variable expenses shall be calculated by multiplying the total estimated system variable expenses as determined in paragraph (n)(4)(i) of this section by the
ratio for line-haul expenses as determined in paragraph (n)(4)(vii)(F) of this
section.
(ix) The railroad’s unit costs shall be
determined for terminal, interchange,
and line-haul operations as follows:
(A) The terminal cost per carload
shall be calculated by dividing the
total terminal variable expenses as determined in paragraph (n)(4)(viii)(A) of
this section by the total number of revenue carload terminal handlings as determined in paragraph (n)(4)(ii) of this
section.
(B) The interchange cost per carload
shall be calculated by dividing the
total interchange variable expenses as
determined in paragraph (n)(4)(viii)(B)
of this section by the total number of
revenue carload interchange handlings
as determined in paragraph (n)(4)(iii) of
this section.
(C) The line-haul cost per car mile
shall be calculated by dividing the
total line-haul variable expenses as determined in paragraph (n)(4)(viii)(C) of
this section by the total system freight
car miles, loaded and empty, as determined from the railroad’s records.
(x) The modified terminal cost per
carload is a composite of costs developed in the Phase III program and
costs determined in accordance with
paragraph (g) of this section and this
paragraph. The modified terminal cost
per carload shall be calculated for each
type of car as follows:
(A) The station clerical cost per carload shall be developed in the following
manner:
(1) The station clerical expense ratio
shall be calculated by dividing the
total clerical cost (the sum of lines 256,
258, 260, 262, 264, 266, and 268) by the terminal expenses as determined in paragraph (n)(4)(vii)(A) of this section.
(2) The station clerical cost per carload shall be calculated by multiplying
the terminal cost per carload as determined in paragraph (n)(4)(ix)(A) of this
section by the station clerical expense
ratio.
(B) The interchange switching cost
per carload shall be developed in the
following manner:
(1) The total interchange switching
expense shall be calculated by multiplying the sum of lines 315, 317, and 319
by line 312.
(2) The interchange switching ratio
shall be calculated by dividing the
total interchange switching expense by
the interchange expenses as determined in paragraph (n)(4)(vii)(B) of this
section.
(3) The interchange switching cost
per carload shall be calculated by multiplying the interchange cost per carload as determined in paragraph
(n)(4)(ix)(B) of this section by the
interchange switching ratio.
(C) The freight car cost element shall
be the freight car cost per car day for
2 days as developed for each car type in
paragraph (g)(3) of this section.
(D) The modified terminal cost per
carload shall be the total of the costs
developed in paragraphs (n)(4)(x)(A),
(n)(4)(x)(B), and (n)(4)(x)(C) of this section.
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Surface Transportation Board
§ 1152.32
(xi) The terminal costs shall be calculated by multiplying the terminal
cost per carload as determined in paragraph (n)(4)(ix)(A) of this section by
the number of carloads that both:
(A) Originated or terminated on the
branch, and
(B) Are local to the railroad serving
the branch.
(xii) The interchange costs shall be
calculated by multiplying the interchange cost per carload as determined
in paragraph (n)(4)(ix)(B) of this section by the number of carloads that
both:
(A) Originated or terminated on the
branch; and
(B) Are received in or forwarded
through interchange with other railroads.
(xiii) The line-haul costs shall be calculated by multiplying the line-haul
cost per car mile as determined in
paragraph (n)(4)(ix)(C) of this section
by the total loaded and empty car
miles generated on the railroad’s system off the branch by cars that originated or terminated on the branch.
(xiv) The modified terminal costs
shall be calculated by multiplying the
modified terminal cost per carload as
determined in paragraph (n)(4)(x)(D) of
this section by the number of carloads
that originated or terminated on the
branch.
(o) Locomotive depreciation. The depreciation expense for locomotives used
on the line shall be calculated using
the following procedure:
(1) The current replacement cost for
each type of locomotive used to serve
the line will be based on the most recent purchase of that particular type
and size locomotive by the carrier indexed to the midpoint of the year or on
an amount quoted by the manufacturer.
(2) The depreciation rate that will be
applied to the replacement cost shall
be the carrier’s component rate for
each type of locomotive as reported in
the latest Annual Report Form R–1
submitted to the Board or from the
company records. Carriers using depreciation rates based on company records
must explain why composite rates are
inappropriate; provide a detailed explanation of the methodology used to
compute the alternate depreciation
rate; and demonstrate that these rates
have been used consistently.
(3) The annual depreciation cost for
each type of locomotive shall be calculated by multiplying the replacement cost(s) developed in paragraph
(o)(1) of this section by the rate from
paragraph (o)(2) of this section.
(4) The depreciation expense for each
type of locomotive shall be assigned to
the line on the ratio of the hours incurred serving the line to the average
system locomotive unit hours in service by each of the following categories
of locomotives: yard-diesel; yard-other;
road-diesel; and road-other. The ratio
for each type of locomotive used to
serve the line shall be the same as that
developed in paragraph (h)(4) of this
section.
(5) The depreciation shall be calculated by multiplying the annual depreciation expense for each type of locomotive developed in paragraph (o)(3)
of this section by the ratio(s) developed
in paragraph (o)(4) of this section.
(p) Opportunity costs. Applicant-carrier may, at its discretion, present evidence of its opportunity costs, if the
assets engaged in the line proposed to
be abandoned could be used more profitably in some other capacity.
Opportunity costs may be calculated
in accordance with the methodology
established in § 1152.34 of this part, or
by using any other reasonable, fully explained method. Opportunity costs are
not included as costs on Exhibit 1 described at § 1152.36. These costs should
be submitted as a separate exhibit to
the application.
(q) Labor costs. (1) The salaries, wages
and fringe benefits of personnel exclusively assigned to the line segment
shall be deemed attributable costs of
the segment. The salaries, wages, and
fringe benefits of personnel not exclusively assigned to the line segment
shall be deemed attributable costs of
the segment to the extent they are
shown to be apportionable to the segment to be abandoned.
(2) These costs shall be deemed attributable notwithstanding any obligation of applicant to provide employee
protection for employees after the
abandonment.
[61 FR 67883, Dec. 24, 1996, as amended at 81
FR 8855, Feb. 23, 2016]
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lpowell on DSK54DXVN1OFR with $$_JOB
§ 1152.33
49 CFR Ch. X (10–1–16 Edition)
§ 1152.33 Apportionment rules for the
assignment of expenses to onbranch costs.
The accounts specified under § 1152.32
(a), (b), (c), and (d) as having an assignment basis other than ‘‘Actual’’ shall
be apportioned according to the rules
contained in this section.
(a) Maintenance of way and structures—(1) Roadway machines. All accounts designated XX–13–36 shall be assigned to the branch on the basis of the
average repair costs, for each type of
machine, included in the daily rental
fees charged by the operating railroad
or as published by the General Manager’s Association of Chicago (GMA),
based on the actual number of days
each type of machine is used on the
branch.
(2) Small tools and supplies. All accounts designated XX–13–37 shall be assigned to the branch as follows:
(i) The costs of supplies, consumed in
the operation of roadway machines,
shall be assigned to the branch on the
basis of the average costs of supplies
per day, included in the daily rental
fees charged by the operating railroad
or as published by the GMA, multiplied
by the actual number of days that the
machine is used on the branch;
(ii) The costs of small tools shall be
assigned to the branch on the basis of
the ratio that the branch amounts in
Accounts 11–11–10 through 11–11–17 and
11–11–48, plus 11–12–10 through 11–12–17
and 11–12–48, bear to the railroad’s system total for the same accounts.
(3) Fringe benefits. Fringe benefits
shall be assigned to the branch separated between running, switching and
other, on the ratio that the total
branch salary and wages bear to the
total system salaries and wages for
each activity as follows:
(i) Fringe benefits—Running, Account
12–11–00, total of all 11–11–XX accounts
branch to system;
(ii) Fringe benefits—Switching, Account
12–12–00, total of all 11–12–XX accounts
branch to system; and
(iii) Fringe benefits—Other, Account
12–13–00, total of all 11–13–XX accounts
branch to system.
(b) Maintenance of equipment—(1) Locomotive repairs and maintenance. All
accounts designated XX–21–41 shall be
separated between yard and road with
a further separation between diesel and
other (electric). The costs for these accounts for yard locomotives shall be
assigned to the branch separately for
diesel and electric locomotives on the
basis of the ratio of branch diesel and
electric yard locomotive unit-hours to
the total system diesel and electric
yard locomotive unit-hours. The costs
for these accounts for road locomotives
shall be assigned to the branch separately for diesel and electric locomotives on the basis of the ratio of
branch diesel and electric locomotive
gross ton-miles in road service to the
total system diesel and electric locomotive gross ton-miles in road service.
The costs assigned under these accounts for specialized equipment devoted exclusively to branch line service
shall be the actual costs for the specific equipment used.
(2) Locomotive depreciation. Locomotive depreciation shall be calculated
and assigned in accordance with the
procedures set forth in § 1152.32(o).
(3) Fringe Benefits. Fringe benefits for
locomotives and other equipment shall
be assigned to the branch on the ratio
that the total branch salary and wages
bear to the system total salaries and
wages for each type of equipment as
follows:
(i)
Locomotives—Account
12–21–00,
total of all 11–21–XX accounts branch
to system.
(ii) Other Equipment—Account 12–23–
00, total of all 11–23–XX accounts
branch to system.
(iii) Fringe benefits for freight cars
shall be calculated by first estimating
the total in Account 11–22–42, Freight
car repairs—salaries and wages, that is
included in the total on branch costs
for freight cars as determined from the
car-day and car-mile cost calculations
in § 1152.32(g) of these regulations. To
this amount is added the branch totals
in the balance of all 11–22–XX accounts.
The ratio of this total branch account
to the system total for all 11–22–XX accounts is applied to Account 12–22–00,
Fringe Benefits—Freight Cars.
(c) Transportation—(1) Train operations—(i) Engine Crews-Materials. Account 21–31–56; Train Crews-Materials,
Account 21–31–57; Train Inspection and
Lubrication-Salaries and Wages, Account
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Surface Transportation Board
§ 1152.33
11–31–62; and Train Inspection and Lubrication-Materials, Account 21–31–62. If the
branch is served by a local/way or
through train, the costs in these accounts shall be assigned to the branch
on the weighted ratio of the loaded
freight train cars on the branch to the
total system loaded freight train cars,
and the loaded and empty car-miles on
the branch to the total system loaded
and empty car-miles. This shall be calculated as follows:
(A) To determine the car-mile portion of these accounts:
(1) Multiply the total amounts in
these accounts (from the R–1 Annual
Report, Schedule 410) by 69 percent,
which is the ratio of train-mile and
running expenses;
(2) Divide the amount in paragraph
(c)(1)(i)(A)(1) of this section by the
total system loaded and empty carmiles; and
(3) Multiply the car-mile unit cost
factor from paragraph (c)(1)(i)(A)(2) of
this section by the on-branch car-miles
(loaded and empty).
(B) To determine the carload portion
of these accounts:
(1) Multiply the total amounts in
these accounts by 31 percent, which is
the ratio of terminal expenses;
(2) Divide the amount in paragraph
(c)(1)(i)(B)(1) of this section by the
total system carloads; and
(3) Multiply the carload unit cost factor from paragraph (c)(1)(i)(B)(2) of this
section by the on-branch carloads.
(C) To determine the total costs assignable to the branch for these accounts, add the amounts developed in
paragraphs
(c)(1)(i)(A)(3)
and
(c)(1)(i)(B)(3) of this section.
(ii) All accounts designated xx–31–67
shall be assigned to the branch in accordance with the following procedure.
The dollar amounts used in the determination of locomotive fuel costs shall
be based on data contained in the most
recent publication issued by the General Managers Association (GMA) relating to the rental of locomotives. The
total number of locomotive unit hours
incurred by the locomotive(s) shall
then be categorized according to the
applicable GMA horsepower classification group. The fuel cost is derived
from the Repairs and Supplies Expenses element of the locomotive rent-
al rates published by the GMA. The
fuel cost per locomotive unit hour shall
be determined for each GMA horsepower classification group by multiplying the latest GMA fuel cost percentage by the Repairs and Supplies
Expense per hour included in each
group. The fuel cost update ratio is determined by using the indices for fuel
from the Association of American Railroad’s (AAR’s) Railroad Cost Recovery
Index (RCR). The indices shall be taken
from the district to which the railroad
is assigned by the Board. The index for
the current period is divided by the
index of the period representative of
the GMA publication to develop the
fuel update ratio. The fuel cost per locomotive unit hour developed for each
GMA horsepower group shall be multiplied by the fuel update ratio to determine the fuel cost per locomotive hour
for each horsepower group. The updated fuel cost per locomotive unit
hour for each applicable GMA group
shall be multiplied by the number of
locomotive unit hours incurred in serving the branch by locomotives of that
GMA horsepower classification group.
The total cost developed under this
procedure for each horsepower classification shall be the locomotive fuel
cost assignable to the branch line.
(iii) Electric power purchased or produced for motive power—All accounts
designated XX–31–68 shall be assigned
to the branch on the ratio of road electric locomotive unit hours on the
branch to the total system road electric locomotive unit hours.
(iv) Servicing locomotives—All accounts designated XX–31–69 shall be assigned to the branch on the ratio of
road locomotive unit miles on the
branch to the total system road locomotive unit miles.
(2) Yard operations—(i) Switch Crews—
Materials, Account 21–32–64, and Servicing Locomotives, all accounts designated XX–32–69. The costs for these
accounts shall be assigned to the
branch on the ratio of yard locomotive
unit hours on the branch to the system
total yard locomotive unit hours.
(ii) Locomotive fuel—All accounts designated XX–32–67 shall be assigned to
the branch on the ratio of yard diesel
locomotive unit hours on the branch to
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§ 1152.34
49 CFR Ch. X (10–1–16 Edition)
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the total system yard diesel locomotive unit hours.
(iii) Electric power purchased or produced for motive power—All accounts
designated XX–32–68 shall be assigned
to the branch on the ratio of yard electric locomotive unit hours on the
branch to the total system yard electric locomotive unit hours.
(3) Administrative support operations—
(i) Loss and damage claims processing—
All accounts designated XX–35–78 shall
be assigned to the branch on the ratio
of the number of claims processed for
loss or damage occurring on the branch
to the total number of claims processed
by the railroad.
(ii) [Reserved]
(4) Transportation fringe benefits.
Fringe benefits shall be assigned to the
branch separated between train operations, yard operations, train and yard
operations common, specialized service
operations, and administrative support
operations. The costs for each activity
shall be assigned to the branch on the
ratio that the total branch salary and
wages bear to the total system salary
and wages for each activity shown
below.
(i) Train Operations, Account 12–31–00,
total of all 11–31–XX accounts branch
to system.
(ii) Yard Operations, Account 12–32–00,
total of all 11–32–XX accounts branch
to system.
(iii) Train and Yard Operations Common, Account 12–33–00, total of all 11–33–
XX accounts branch to system.
(iv) Specialized Service Operations, Account 12–34–00, total of all 11–34–XX accounts branch to system.
(v) Administrative Support, Account 12–
35–00, total of all 11–35–XX accounts
branch to system.
(d) General administrative. (1) Fringe
Benefits, Account 12–61–00, shall be assigned to the branch on the ratio that
the total branch salary and wages in
all 11–61–XX accounts bear to the system total salary and wages in all 11–61–
XX accounts.
(2) [Reserved]
§ 1152.34 Return on investment.
Return on investment for road property shall be computed according to
the procedures set forth in this section.
(a)–(b) [Reserved]
(c) Return on investment—road properties. Return on investment—road
properties shall be computed according
to the following procedures:
(1) The investment base to which the
nominal return element shall apply
shall be the sum of:
(i) The allowable working capital
computed at 15 days on-branch cash
avoidable costs (on branch avoidable
costs less depreciation).
(ii) The amount of current income
tax benefits resulting from abandonment of the line which would have been
applicable to the period of the subsidy
agreement. (Conversely, if the railroad
would incur an income tax liability
from abandonment, the liability should
be deducted from the investment base.)
This information is to be furnished by
the railroad and subject to audit by the
person offering the subsidy.
(iii) The net liquidation value for the
highest and best use for non-rail purposes of the rail properties on the line
to be subsidized which are used and required for performance of the services
requested by the persons offering the
subsidy. This value shall be determined
by computing the current appraised
market value of such properties for
other than rail transportation purposes, less all costs of dismantling and
disposition of improvements necessary
to make the remaining properties
available for their highest and best use
and complying with applicable zoning,
land use, and environmental regulations. If rehabilitation has been performed along the line during a subsidy
year and rehabilitation expenses have
been paid by the subsidizer under 49
CFR 1152.32(m)(2), the investment base
shall exclude the increment to the net
liquidation value of the line caused by
the rehabilitation project. For these
purposes:
(A) In calculating the net liquidation
values for the Forecast Year, no asset
on the line shall be excluded from the
determination of net liquidation value
because it contributes negatively to
that value, i.e., the removal costs exceed the market value after removal.
All such assets shall be included in the
net liquidation value determination if
the carrier is required by law to remove them or if the carrier intends to
remove them, even if it is not required
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Surface Transportation Board
§ 1152.34
to do so. The parties shall fully support
and explain the exclusion for net liquidation purposes of all assets having a
negative salvage value.
(1) In calculating the net liquidation
value of railroad properties for the purpose of determining the operating subsidy under an offer of financial assistance, any asset with a negative salvage
value shall be included at a value of
zero (0).
(2) Determination of the net liquidation value of rail properties for the
purpose of purchasing the rail properties under an offer of financial assistance shall include any asset with a
negative salvage value at a value of
zero (0).
(B) All adjustments to the appraised
fair market value of right-of-way land,
including a downward adjustment to
reflect an imputed real estate Board or
selling expense, shall be fully supported and explained.
(C) Parties shall fully support and explain their use of unadjusted acrossthe-fence (ATF) values as a surrogate
for the value of railroad right-of-way
land, given that the physical and economic characteristics (grading and elevation) usually are different from those
of surrounding parcels. All adjustments
to ATF values to arrive at the right-ofway values shall also be supported and
explained.
(2) [Reserved]
(d) Reasonable return. A rail carrier
shall furnish to the Board, and to any
financially responsible person considering making an offer of a rail service
continuation payment, a substantiated
statement showing its current nominal
cost of capital. The railroad’s nominal
cost of capital shall be the current before tax cost of capital, weighted to the
capital structure, and adjusted for the
effects of the combined statutory Federal and state income tax rates. This
rate of return expressed as a percent,
shall be calculated as follows:
(1) The railroad shall determine its
permanent capital structure ratio for
debt and equity capital such that the
two numbers total 100 percent. This
capital structure will be the actual
capital structure of the railroad. If this
calculation is not possible or also not
representative because the railroad is
part of a conglomerate, the debt-equity
ratio from the Board’s latest Determination of Adequate Railroad Revenues will be used. However, if the debtequity ratio for the railroad industry is
used then the industry average equity
and debt rate from the Board’s latest
revenue adequacy finding must also be
used in paragraphs (d)(2) and (d)(3) of
this section.
(2) The current nominal cost of debt
shall be determined by taking the average of all debt instruments (including
bonds, equipment trust certificates, financial lease arrangements, et cetera)
issued by the carrier in the most recent
12-month period. The debt cost calculated by this procedure is a beforetax rate and is not adjusted for inflation or income taxes.
(3) The current nominal after tax
cost of equity shall be an amount equal
to that which a prudent investor would
expect to earn through investment in
the market place. The current after tax
nominal cost of equity is divided by 1
minus the combined statutory Federal
and state income tax rates. This will
develop the nominal cost of equity on a
before tax basis.
(4) The current nominal before-tax
cost of debt is multiplied by the current percentage of debt to total capital
to obtain a weighted before-tax nominal cost of current debt.
(5) The current nominal before-tax
cost of equity is multiplied by the current percentage of equity to total capital to obtain a weighted nominal before-tax cost of current equity.
(6) The results of paragraphs (d)(4)
and (d)(5) of this section are added together to determine the current nominal cost of capital.
(e) Holding gain (loss)-road properties.
The railroad shall determine the holding gain (loss) that is projected to
occur during the forecast and/or subsidy year. In any instance where the
holding gain is not specifically determined for road properties, the Gross
Domestic Product deflator calculated
by the U.S. Department of Commerce
shall be used.
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31
§ 1152.35
§ 1152.35
49 CFR Ch. X (10–1–16 Edition)
[Reserved]
§ 1152.36 Submission of revenue and
cost data.
The following information shall be
submitted by applicant as Exhibit 1 to
an abandonment or discontinuance application (§ 1152.22(d)) and shall be de-
veloped in accordance with the methodology
established
in
§§ 1152.31
through 1152.35, as applicable. Such information, form and methodology shall
also be used by an offeror of financial
assistance to formulate a Proposed
Subsidy Payment (§ 1152.27).
Base year
operations
Revenues attributable for:
1. Freight originated and/or terminated on branch.
2. Bridge traffic.
3. All other revenue and income.
4. Total revenues attributable (lines 1 through 3).
Avoidable costs for:
5. On-branch costs (lines 5a through 5k).
a. Maintenance of way and structures.
b. Maintenance of equipment.
c. Transportation.
d. General administrative.
e. Deadheading, taxi, and hotel.
f. Overhead movement.
g. Freight car costs (other than return on freight cars).
h. Return on value-locomotives.
i. Return on value-freight cars.
j. Revenue taxes.
k. Property taxes.
6. Off-branch costs.
a. Off-branch costs (other than return on freight cars).
b. Return on value-freight cars.
7. Total avoidable costs (line 5 plus line 6).
Subsidization costs for:
8. Rehabilitation 1.
9. Administration costs (subsidy year only) 2.
10. Casualty reserve account 2.
11. Total subsidization costs (lines 8 through 10).
Return on value:
12. Valuation of property (lines 12a through 12c).
a. Working capital ......................................................................
b. Income tax consequences .....................................................
c. Net liquidation value ..............................................................
13. Nominal rate of return .................................................................
14. Nominal return on value (line 12 times line 13) 3 .......................
15. Holding gain (loss) ......................................................................
16. Total return on value (line 14 minus 15) 3 ..................................
17. Avoidable loss from operations (line 4 minus line 7).
18. Estimated forecast year loss from operations (line 4 minus
lines 7 and 16).
19. Estimated subsidy (line 4 minus lines 7, 11 and 16).
Forecast year
operations
Projected
subsidy year operations
XXXX.
XXXX.
XXXX.
XXXX.
XXXX.
XXXX.
XXXX.
1 This
projection shall be computed in accordance with § 1152.32(m).
in applications pursuant to §§ 1152.22 and 1152.23.
the amount in line 12c is a negative for the ‘‘Forecast Year operations’’ insert ‘‘0’’ in this line.
2 Omit
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3 If
§ 1152.37 Financial status reports.
Within 30 days after the end of each
quarter of the subsidy year, each carrier which is party to the financial assistance agreement shall submit to the
subsidizer a Financial Status Report
for each line operated under subsidy.
Such Financial Status Report shall be
in the form prescribed below. Signifi-
cant deviations from the negotiated estimates must be explained. All data
shall be developed in accordance with
the methodology set forth in §§ 1152.31
through 1152.35. In the quarterly reports, the actual data for the year to
date and a projection to the end of the
subsidy year shall be shown for each
item.
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Surface Transportation Board
§ 1152.50
Actual
Projected
Revenues for:
1. Freight originated and/or terminated on branch
2. Bridge traffic
3. All other revenue and income
4. Total revenues (lines 1 through 3)
Avoidable costs for:
5. On-branch costs (lines 5a through 5j)
a. Maintenance of way and structures
b. Maintenance of equipment
c. Transportation
d. General administrative
e. Deadheading, taxi, and hotel
f. Overhead movement
g. Freight car costs
h. Return on investment—locomotives
i. Revenue taxes
j. Property taxes
6. Off-branch costs
7. Total avoidable costs (line 5 plus line 6)
Subsidization costs for:
8. Rehabilitation
9. Administrative costs
10. Casualty
11. Total subsidization costs (lines 8 through 10)
Return on value:
12. Valuation of property (lines 12a through 12c)
a. Working capital
b. Income tax consequences
c. Net liquidation value
13. Rate of return
14. Total return on value (line 12 times line 13)
Subsidy payment:
15. Subsidy payment (line 4 minus lines 7, 11, and 14)
Subpart E [Reserved]
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Subpart
F—Exempt
Abandonments and Discontinuances of
Service and Trackage Rights
§ 1152.50 Exempt abandonments and
discontinuances of service and
trackage rights.
(a)(1) A proposed abandonment or discontinuance of service or trackage
rights over a railroad line is exempt
from the provisions of 49 U.S.C. 10903 if
the criteria in this section are satisfied.
(2) Whenever the Board determines a
proposed abandonment to be exempt
from the requirements of 49 U.S.C.
10903, whether under this section or on
the basis of the merits of an individual
petition, the provisions of §§ 1152.27,
1152.28, and 1152.29 as they relate to exemption proceedings shall be applicable.
(b) An abandonment or discontinuance of service or trackage rights is exempt if the carrier certifies that no
local traffic has moved over the line
for at least 2 years and any overhead
traffic on the line can be rerouted over
other lines and that no formal complaint filed by a user of rail service on
the line (or a state or local government
entity acting on behalf of such user) regarding cessation of service over the
line either is pending with the Board or
any U.S. District Court or has been decided in favor of the complainant within the 2-year period. The complaint
must allege (if pending), or prove (if decided) that the carrier has imposed an
illegal embargo or other unlawful impediment to service.
(c) The Board has found:
(1) That its prior review and approval
of
these
abandonments
and
discontinuances is not necessary to
carry out the rail transportation policy
of 49 U.S.C. 10101; and
(2) That these transactions are of
limited scope and continued regulation
is unnecessary to protect shippers from
abuse of market power. 49 U.S.C. 10502.
A notice must be filed to use this class
exemption. The procedures are set out
in § 1152.50(d). This class exemption
does not relieve a carrier of its statutory obligation to protect the interests
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§ 1152.50
49 CFR Ch. X (10–1–16 Edition)
of employees. 49 U.S.C. 10502(g) and
10903(b)(2). This also does not preclude
a carrier from seeking an exemption of
a specific abandonment or discontinuance that does not fall within this
class.
(d) Notice of exemption. (1) At least 10
days prior to filing a notice of exemption with the Board, the railroad seeking the exemption must notify in writing:
(i) The Public Service Commission
(or equivalent agency) in the state(s)
where the line will be abandoned or the
service or trackage rights discontinued;
(ii) Department of Defense (Military
Traffic Management Command, Transportation Engineering Agency, Railroads for National Defense Program);
(iii) The National Park Service,
Recreation Resources Assistance Division; and
(iv) The U.S. Department of Agriculture, Chief of the Forest Service.
The notice shall name the railroad,
describe the line involved, including
United States Postal Service ZIP
Codes, indicate that the exemption procedure is being used, and include the
approximate date that the notice of exemption will be filed with the Board.
The notice shall include the following
statement ‘‘Based on information in
our possession, the line (does) (does
not) contain federally granted rightsof-way. Any documentation in the railroad’s possession will be made available promptly to those requesting it.’’
(2) The railroad must file a verified
notice using its appropriate abandonment docket number and subnumber
(followed by the letter ‘‘X’’) with the
Board at least 50 days before the abandonment or discontinuance is to be
consummated. The notice shall include
the proposed consummation date, the
certification required in § 1152.50(b), the
information required in §§ 1152.22(a) (1)
through (4), (7) and (8), and (e)(4), the
level of labor protection, and a certificate that the notice requirements of
§§ 1152.50(d)(1) and 1105.11 have been
complied with.
(3) The Board, through the Director
of the Office of Proceedings, shall publish a notice in the FEDERAL REGISTER
within 20 days after the filing of the
notice of exemption. The notice shall
include a statement to alert the public
that following any abandonment of rail
service and salvage of the line, the line
may be suitable for other public use,
including interim trail use. Petitions
to stay the effective date of the notice
on other than environmental or historic preservation grounds must be
filed within 10 days of the publication.
Petitions to stay the effective date of
the notice on environmental or historic
preservation grounds may be filed at
any time but must be filed sufficiently
in advance of the effective date in
order to allow the Board to consider
and act on the petition before the notice becomes effective. Petitions for reconsideration, comments regarding environmental, energy and historic preservation matters, and requests for public use conditions under 49 U.S.C. 10905
and 49 CFR 1152.28(a)(2) must be filed
within 20 days after publication. Requests for a trail use condition under 16
U.S.C. 1247(d) and 49 CFR 1152.29 must
be filed within 10 days after publication. The exemption will be effective 30
days after publication, unless stayed. If
the notice of exemption contains false
or misleading information, the use of
the exemption is void ab initio and the
Board shall summarily reject the exemption notice.
(4) In out-of-service rail line exemption proceedings under 49 CFR 1152.50,
the Board, on its own motion, will stay
the effective date of individual notices
of exemption when an informed decision on pending environmental and historic preservation issues cannot be
made prior to the date that the exemption authority would otherwise become
effective.
(5) A notice or decision to all parties
will be issued if use of the exemption is
made subject to environmental, energy, historic preservation, public use
and/or interim trail use and rail banking conditions.
(6) To address whether the standard
labor protective conditions set forth in
Oregon Short Line R. Co.—Abandonment—Goshen, 360 I.C.C. 91 (1979), adequately protect affected employees, a
petition for partial revocation of the
exemption under 49 U.S.C. 10502(d)
must be filed.
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Surface Transportation Board
§ 1152.60
(e) Consummation notice. As provided
in § 1152.29(e)(2), rail carriers that receive authority to abandon a line under
§ 1152.50 must file with the Board a notice that abandonment has been consummated.
word processing capabilities. The draft notice shall be in the form set forth below:
[61 FR 67883, Dec. 24, 1996, as amended at 62
FR 34670, June 27, 1997]
On (insert date petition was filed with the
Board) (name of petitioner) filed with the
Surface Transportation Board, Washington,
D.C. 20423, a petition for exemption for the
abandonment of (the discontinuance of service on) a line of railroad known aslll, extending from railroad milepost near (station
name) to (the end of line or rail milepost)
near (station name), which traverses through
lll (ZIP Codes) United States Postal Service ZIP Codes, a distance of lll miles, in
[County(ies), State(s)]. The line for which
the abandonment (or discontinuance) exemption request was filed includes the stations
of (list all stations on the line in order of
milepost number, indicating milepost location).
The line (does) (does not) contain federally
granted rights-of-way. Any documentation
in the railroad’s possession will be made
available promptly to those requesting it.
The interest of railroad employees will be
protected by (specify the appropriate conditions).
Any offer of financial assistance will be
due no later than 10 days after service of a
decision granting the petition for exemption.
All interested persons should be aware that
following abandonment of rail service and
salvage of the line, the line may be suitable
for other public use, including interim trail
use.
Any request for a public use condition and
any request for trail use/rail banking will be
due no later than 20 days after notice of the
filing of the petition for exemption is published in the FEDERAL REGISTER.
Persons seeking further information concerning abandonment procedures may contact the Surface Transportation Board or
refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may
be directed to the Board’s Section of Environmental Analysis.
An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by the Section of Environmental Analysis will be served upon all parties of record and upon any agencies or other
persons who commented during its preparation. Any other persons who would like to
obtain a copy of the EA (or EIS) may contact
the Section of Environmental Analysis. EAs
in these abandonment proceedings normally
will be made available within 60 days of the
filing of the petition. The deadline for submission of comments on the EA will generally be within 30 days of its service.
Subpart G—Special Rules Applicable to Petitions for Abandonments or Discontinuances
of Service or Trackage Rights
Filed Under the 49 U.S.C.
10502 Exemption Procedure
lpowell on DSK54DXVN1OFR with $$_JOB
§ 1152.60 Special rules.
(a) This section contains special rules
applicable to any proceeding instituted
under the 49 U.S.C. 10502 exemption
procedure for either the abandonment
of a rail line or the discontinuance of
service or trackage rights over a rail
line. General rules applicable to any
proceeding filed under the 49 U.S.C.
10502 exemption procedure may be
found at 49 CFR part 1121, but the rules
in part 1152 control in case of any conflict with the general exemption rules.
In the case of petitions for exemption
for abandonment, notice of the filing of
the petition will be published by the
Board, through the Director of the Office of Proceedings, in the FEDERAL
REGISTER 20 days after the petition is
filed. There will be no further FEDERAL
REGISTER publication later if and when
a petition is granted.
(b) Any petition filed under the 49
U.S.C. 10502 exemption procedure for
either the abandonment of a rail line
or the discontinuance of service or
trackage rights over a rail line must be
accompanied by a map that meets the
requirements of § 1152.22(a)(4) of this
part.
(c) A petitioner for an abandonment
exemption shall submit, with its petition, a draft FEDERAL REGISTER notice
of its petition according to the form
prescribed below:
Draft FEDERAL REGISTER Notice. The petitioner shall submit a draft notice of its petition to be published by the Board within 20
days of the petition’s filing with the Board.
The petitioner must submit a copy of the
draft notice as data contained on a computer
diskette compatible with the Board’s current
STB No. AB–lll (Sub-No.lll)
Notice of Petition for Exemption To
Abandon or To Discontinue Service
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Pt. 1155
49 CFR Ch. X (10–1–16 Edition)
(d) A petitioner for an abandonment
exemption must serve a copy of the petition on the persons receiving notices
of exemption under § 1152.50(d). The petition must include the following statement: ‘‘Based on information in our
possession, the line (does) (does not)
contain federally granted right-of-way.
Any documentation in petitioner’s possession will be made available promptly to those requesting it.’’
(e) As Provided in § 1152.29(e)(2), rail
carriers that receive authority to abandon a line by individual exemption
under 49 U.S.C. 10502 must file with the
Board a notice that abandonment has
been consummated.
[61 FR 67883, Dec. 24, 1996, as amended at 62
FR 34670, June 27, 1997]
PART 1155—SOLID WASTE RAIL
TRANSFER FACILITIES
Subpart A—General
Sec.
1155.1
1155.2
Purpose and scope.
Definitions.
Subpart B—Procedures Governing Petitions
To Require a Facility in Existence on
October 16, 2008, To Apply for a LandUse-Exemption Permit
1155.10 Contents of petition.
1155.11 Filing and service of petition.
1155.12 Participation in petition procedures.
1155.13 Board determination with respect to
a Governor’s petition.
lpowell on DSK54DXVN1OFR with $$_JOB
Subpart C—Procedures Governing Applications for a Land-Use-Exemption Permit
1155.20 Notice of intent to apply for a landuse-exemption permit.
1155.21 Contents of application.
1155.22 Filings and service of application.
1155.23 Participation in application proceedings.
1155.24 Environmental review.
1155.25 Transfer and termination of a landuse-exemption permit.
1155.26 Board determinations under 49
U.S.C. 10909.
1155.27 Petitions to modify, amend, or revoke a land-use-exemption permit.
APPENDIX A TO PART 1155—FORM NOTICE OF
INTENT TO APPLY
APPENDIX B TO PART 1155—FORM FEDERAL
REGISTER NOTICE
AUTHORITY: 49 U.S.C. 721(a), 10908, 10909,
10910.
SOURCE: 77 FR 69774, Nov. 21, 2012, unless
otherwise noted.
Subpart A—General
§ 1155.1
Purpose and scope.
49 U.S.C. 10501(c)(2)(B) excludes solid
waste rail transfer facilities from the
Board’s jurisdiction except as provided
under 49 U.S.C. 10908 and 10909. Sections 10908 and 10909 provide the Board
authority to issue land-use-exemption
permits for solid waste rail transfer facilities when certain conditions are
met. The regulations in this part concern land-use-exemption permits and
the Board’s standard for review.
§ 1155.2
Definitions.
(a) Unless otherwise provided in the
text of these regulations, the following
definitions apply in this part:
(1) Commercial and retail waste means
material discarded by stores, offices,
restaurants, warehouses, nonmanufacturing activities at industrial facilities, and other similar establishments
or facilities.
(2) Construction and demolition debris
means waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition
operations
on
pavements,
houses, commercial buildings, and
other structures.
(3) Environmental Impact Statement or
‘‘EIS’’ means the detailed written
statement required by the National Environmental Policy Act, 42 U.S.C.
4332(2)(c), for a major federal action
significantly affecting the quality of
the human environment.
(4) Household waste means material
discarded by residential dwellings, hotels, motels, and other similar permanent or temporary housing establishments or facilities.
(5) Industrial waste means the solid
waste generated by manufacturing and
industrial and research and development processes and operations, including contaminated soil, nonhazardous
oil spill cleanup waste and dry nonhazardous pesticides and chemical waste,
but does not include hazardous waste
regulated under subtitle C of the Solid
Waste Disposal Act (42 U.S.C. 6921 et
seq.), mining or oil and gas waste.
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| File Type | application/pdf |
| File Modified | 2017-01-26 |
| File Created | 2017-01-26 |