Recordation of Rail Equipment and Water Carrier Vessel Liens

49 C.F.R. § 1177.1

Page 1

AUTHORITY: 49 U.S.C. 721, 11301.
Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter B. Rules of Practice
Parts 1175 to 1199--Finance Procedures
Parts 1175 to 1179--Securities, Security Interests and Financial Structures
Part 1177. Recordation of Documents (Refs & Annos)
§ 1177.1 Definitions and classifications of documents.

49 C. F. R. § 1177.1, 49 CFR § 1177.1
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

(a) A “primary document” is a mortgage (excluding
those under the Ship Mortgage Act of 1920, as
amended--46 U.S.C. et seq.), lease, equipment trust
agreement, conditional sales agreement, assignment
of a lease or leases which have not previously been
filed, or other instrument evidencing the mortgage,
lease, conditional sale, or bailment of one or more
vessels operated subject to Surface Transportation
Board jurisdiction, railroad cars, locomotives, or
other rolling stock for a use related to interstate
commerce.
(b) A “secondary document” is any assignment of
rights or interest, supplement, or amendment to any
primary or other secondary document. These include releases, discharges, or satisfactions, either
total or partial.
SOURCE: 46 FR 54946, Nov. 5, 1981, unless otherwise noted. Redesignated at 47 FR 49592, Nov. 1,
1982; 62 FR 50525, Sept. 26, 1997., unless otherwise noted.

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49 C.F.R. § 1177.2

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© 2013 Thomson Reuters.
END OF DOCUMENT
Effective: November 16, 2009
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter B. Rules of Practice
Parts 1175 to 1199--Finance Procedures
Parts 1175 to 1179--Securities, Security Interests and Financial Structures
Part 1177. Recordation of Documents (Refs & Annos)
§ 1177.2 To whom documents
should be submitted for recordation.
Documents to be recorded shall be submitted in
person, via the Board's website, or by mail addressed to the Chief, Section of Administration, Office of Proceedings, Surface Transportation Board,
Washington, DC 20423–0001. All documents submitted by mail should clearly state “Documents for
Recordation” on the envelope.
[74 FR 52910, Oct. 15, 2009]
SOURCE: 46 FR 54946, Nov. 5, 1981, unless otherwise noted. Redesignated at 47 FR 49592, Nov. 1,
1982; 62 FR 50525, Sept. 26, 1997., unless otherwise noted.
AUTHORITY: 49 U.S.C. 721, 11301.
49 C. F. R. § 1177.2, 49 CFR § 1177.2
Current through March 21, 2013; 78 FR 17299.

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49 C.F.R. § 1177.3

Page 1

Effective: November 16, 2009
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter B. Rules of Practice
Parts 1175 to 1199--Finance Procedures
Parts 1175 to 1179--Securities, Security Interests and Financial Structures
Part 1177. Recordation of Documents (Refs & Annos)
§ 1177.3 Requirements for
submission.
In order to be accepted for recordation, an original
of any primary or secondary document must:
(a) Be in writing and executed by the parties to the
document, and acknowledged or verified either in a
form:
(1) Authorized by the law of the state, territory,
district or possession where executed for the
acknowledgement or verification of deeds of
land; or

ther declare (certify, verify or state) under penalty of perjury (“under the laws of the United
States of America” if executed outside the
United States) that the foregoing is true and
correct. Executed on (date).
Signature.
or;

Corporate Form of Acknowledgement
I, (name of signor), certify that I am (title of office) of (name of corporation), that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the instrument
was signed and sealed on behalf of the corporation by authority of its Board of Directors, and
that I acknowledge that the execution of the
foregoing instrument was the free act and deed
of the corporation. I further declare (certify,
verify or state) under penalty of perjury
(“under the laws of the United States of America” if executed outside the United States of
America) that the foregoing is true and correct.
Executed on (date).
Signature.
or;

(2) Substantially as follows:
(3) Substantially as follows:
Individual Form of Acknowledgement
Individual Form of Acknowledgement
I, (name of signor), certify that I am the person
described in and who executed the foregoing
instrument and that I acknowledge that I executed the same as my free act and deed. I fur-

State of

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49 C.F.R. § 1177.3

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__________________________________________
____________________________

corporation.
(SEAL)

County of __________, ss:
Signature of Notary Public
On this ______ day of ______, 19___, before
me, personally appeared (name of signor), to
me known to be the person described in and
who executed the foregoing instrument and
(s)he acknowledged that (s)he executed the
same as his/her free act and deed.
(SEAL)
Signature of Notary Public
My
commission
expires
______________________________________
___________________

Corporate Form of Acknowledgement
State
of
______________________________________
________________________________
County of __________, ss:
On this ______ day of ______, 19___ before
me personally appeared (name of signor), to
me personally known, who being by me duly
sworn, says that (s)he is the (title of office) of
(name of corporation), that the seal affixed to
the foregoing instrument is the corporate seal
of said corporation, that said instrument was
signed and sealed on behalf of said corporation
by authority of its Board of Directors, and (s)he
acknowledged that the execution of the foregoing instrument was the free act and deed of said

My
commission
expires
__________________________________________
_______________
(b) Be accompanied by at least one fully executed
and acknowledged or verified counterpart, or if no
counterpart has been executed and acknowledged
by the parties, one certified true copy. A certified
true copy of an original document is a complete and
identical copy in all respects to the original attached with:
(1) A certificate executed by a notary public,
stating that he or she has compared the copy
with the original and has found the copy to be
complete and identical in all respects to the original document; or
(2) A certification of the filer stating that he or
she has compared the copy with the original
and found the copy to be complete and identical in all respects to the original document and
that he or she declares under penalty of perjury
(“under the laws of the United States of America” if executed outside the United States) that
the foregoing is true and correct; or
(3) There may be attached to the copy, affidavits, wherein the affidavit states that he or
she has compared the copy with the original
document and found the copy to be complete
and identical in all respects to the original documents.
(c) Be accompanied by the fee set forth in 49 CFR

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49 C.F.R. § 1177.3

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1002.2(f)(83). However, assignments which are executed prior to the filing of the primary document
and which are submitted concurrently will be
treated along with the primary document as one for
fee purposes and will be assessed only one fee. A
lease and agreement (Philadelphia Plan) shall be
similarly treated.
(d) Be accompanied by a letter of transmittal requesting the recording of the document. For a
sample of a letter, see § 1177.4. Documents submitted concurrently under the same recordation number may be included in a single transmittal letter.
Otherwise, each document must have its own letter
of transmittal. The letter should be addressed to the
Chief, Section of Administration, Office of Proceedings and include the following information:
(1) Type of Agreement. (equipment trust, mortgage, assignment, etc.).
(2) Whether document is a primary document
or a secondary document (see § 1177.1). If the
document is a secondary document, it must
contain the recordation number of the primary
document to which it is connected, unless it is
being filed concurrently with a primary document to which a recordation number has not yet
been assigned.
(3) A request for cross-indexing. If the document is an assignment, parties may request the
listing of the assignment in the index under the
name(s) of parties with continuing interest not
involved in this particular assignment.
(4) A description of the equipment covered in
the document--

ignation; the number of each type; any identifying marks such as the name or initials of the
lessee, mortgagee, or vendee, and the road or
serial number, or if more than one for each type
of equipment, the first and last inclusive numbers.
(ii) For water carrier equipment--Whether tow
boats, barges or other vessels; type of equipment; description as contained in the United
States Coast Guard certificate of enrollment;
number of each type of equipment; and any
identifying marks such as the name or initial of
the lessee, mortgagee, or vendee.
(5) Parties to the agreement, as follows:
(i) Conditional sale-vendor, purchaser, guarantor.
(ii) Mortgage--mortgagor, mortgagee, guarantor.
(iii) Equipment Trust--vendor, trustee, lessor,
lessee, guarantor of lease.
(iv) Lease--lessee, lessor, guarantor.
(v) Bailment--bailor, bailee, guarantor.
(vi) Other transactions--principal debtor, trustee, guarantor, and other parties.
(6) Parties to whom original document should
be returned.
(7) The amount of the enclosed fee.

(i) For railway equipment--The type of equipment; whether locomotives, cars, or other
rolling stock; with any A.A.R. mechanical des-

(8) A short summary (1 or 2 sentences) of the

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49 C.F.R. § 1177.3

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type of document and a very brief description
of the equipment and identifying numbers. This
summary will be entered into the index as an
aid to researching the encumbrances to title.
(For a sample of a summary, see § 1177.4).
(9) The letter must be signed by an executive
officer of one of the parties having knowledge
of the matters described in the letter, or their
attorney or representative in fact.

1982; 62 FR 50525, Sept. 26, 1997., unless otherwise noted.
AUTHORITY: 49 U.S.C. 721, 11301.
49 C. F. R. § 1177.3, 49 CFR § 1177.3
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

Note: If the document is a mortgage or deed of
trust which contains a “hereafter acquired” or similar clause, the following statement may be included
in the letter of transmittal in lieu of the equipment
description above:
“Included in the property covered by the aforesaid mortgage (or deed of trust) are (here
identify generally the equipment such as
“barges, tow boats, or other vessels, railroad
cars, locomotives and other rolling stock”) intended for use related to interstate commerce,
or interests therein, owned by (name of mortgagor) at the date of said mortgage or thereafter
acquired by it or its successors as owners of the
water carriers or the lines of railway covered
by the mortgage.”
When such a mortgage or deed of trust is filed,
it is not necessary to refile the document
whenever additional rolling stock is acquired in
order to perfect the lien of the document upon
the addition of vessels or rolling stock.
[49 FR 18494, May 1, 1984; 52 FR 46484, Dec. 8,
1987; 56 FR 10520, March 13, 1991; 56 FR 12423,
March 25, 1991; 64 FR 53268, Oct. 1, 1999; 74 FR
52910, Oct. 15, 2009]
SOURCE: 46 FR 54946, Nov. 5, 1981, unless otherwise noted. Redesignated at 47 FR 49592, Nov. 1,

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

49 C.F.R. § 1177.4

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Effective: November 16, 2009
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter B. Rules of Practice
Parts 1175 to 1199--Finance Procedures
Parts 1175 to 1179--Securities, Security Interests and Financial Structures
Part 1177. Recordation of Documents (Refs & Annos)
§ 1177.4 Sample forms.
(a) Sample short summary for the Index.
(1) Primary documents. [Type of document]
between [name and address of lessor, mortgagor, bailor, etc.] and [name and address of
lessee, mortgagee, bailee, etc.] dated [date],
and covering [briefly list amount and types of
equipment].
(2) Secondary documents.
(i) If an assignment--Assignment between
[name and address of assignor] and [name and
address of assignee] dated [date of assignment]
and covering [list amount and types of equipment], and connected to [type of document
primary document is] with Recordation No.
[recordation number of the primary document
if known, at time recorded].
(ii) Other secondary documents--[Type of document] to [type of primary document] with Re-

cordation No. [Recordation number of the
primary document], dated [date of amendment,
supplement, release, etc.] and covering [list
amount and types of equipment].
(b) Sample Letter of Transmittal.
[Chief, Section of Administration, Office of Proceedings' Name] Chief, Section of Administration,
Office of Proceedings, Surface Transportation
Board, Washington, DC.
Dear Section Chief: I have enclosed an original and
one copy/counterpart of the document(s) described
below, to be recorded pursuant to Section 11301 of
Title 49 of the U.S. Code.
This document is a [mortgage, lease, equipment
trust, supplement, etc.], a [primary or secondary]
document, dated [date].
(If a secondary document)--The primary document
to which this is connected is recorded under Recordation No. __.
(If an assignment)--We request that this assignment
be cross-indexed.
The names and addresses of the parties to the documents are as follows:
Vendor, Lessor, Mortgagor, etc: [name and address]
Vendee, Lessee, Mortgagee, etc: [name and address].
A description of the equipment covered by the doc-

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49 C.F.R. § 1177.4

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ument follows:
[Type of equipment, amount of each, AAR designation if any, identifying marks, road or serial numbers, etc., as outlined in 1177.3(d)(4).]
A fee of _______ is enclosed. Please return the original and any extra copies not needed by the Board
for recordation to [party to whom documents
should be returned].
A short summary of the document to appear in the
index follows: [a short summary as described in
1177.4(a).].
Very truly yours,
____________________________
[signature of an executive officer of one of the
parties, their attorney, or representative in fact.]
[64 FR 53268, Oct. 1, 1999; 74 FR 52910, Oct. 15,
2009]
SOURCE: 46 FR 54946, Nov. 5, 1981, unless otherwise noted. Redesignated at 47 FR 49592, Nov. 1,
1982; 62 FR 50525, Sept. 26, 1997., unless otherwise noted.
AUTHORITY: 49 U.S.C. 721, 11301.
49 C. F. R. § 1177.4, 49 CFR § 1177.4
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

49 C.F.R. § 1177.5

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Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter B. Rules of Practice
Parts 1175 to 1199--Finance Procedures
Parts 1175 to 1179--Securities, Security Interests and Financial Structures
Part 1177. Recordation of Documents (Refs & Annos)
§ 1177.5 Administrative procedure.
(a) At the time of filing of a document with the
Board for recordation, a consecutive number will
be stamped upon the original document and upon
the copies or the counterparts, with the date and
hour of the filing. A notation acknowledging that
the document has been filed pursuant to 49 U.S.C.
11303 will be made. The original document, along
with the notation, will be returned to the party
named in the transmittal letter and a copy or counterpart will be retained by the Board. For a secondary document, the number assigned will be the recordation number of the primary document plus the
next available letter suffix.

documents referenced to the primary ones. The indexes will contain the pertinent information furnished by the parties in the transmittal letter.
(c) The Board cannot judge the validity of documents, nor judge the status of encumbrances to
property as reflected by documents recorded at the
Board. The public is welcome to research the records or use an agent or attorney to do so, provided
that Board rules concerning handling of the documents are respected.
(d) The public should note that filing documents
with the Board is discretionary and encumbrances
exist which are not on file with the Board.
SOURCE: 46 FR 54946, Nov. 5, 1981, unless otherwise noted. Redesignated at 47 FR 49592, Nov. 1,
1982; 62 FR 50525, Sept. 26, 1997., unless otherwise noted.
AUTHORITY: 49 U.S.C. 721, 11301.
49 C. F. R. § 1177.5, 49 CFR § 1177.5
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

(b) The Board will maintain an index for public use
as required by 49 U.S.C. 11303(b). There will be an
index of parties to documents recorded at the Board
in alphabetical order by the party's name. If requested by the letter of transmittal, this index will also
be amended to reflect an assignment under the
name of the party other than the assignor or assignee to the document. There will also be an index of
documents by number, which will list secondary

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