cfr_sections
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28 rows where agency = "STB" and part_number = 1152 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 49:49:8.1.1.2.68.1.7.1 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | A | Subpart A—General | § 1152.1 Purpose and scope. | STB | (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. | ||||
| 49:49:8.1.1.2.68.1.7.2 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | A | Subpart A—General | § 1152.2 Definitions. | STB | 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). (b) Act means the ICC Termination Act of 1995 (Pub. L. 104-88, 109 Stat. 803), as amended. (c) Base year means the latest 12-month 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 a… | ||||
| 49:49:8.1.1.2.68.2.7.1 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | B | Subpart B—System Diagram | § 1152.10 System diagram map. | STB | (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 (… | ||||
| 49:49:8.1.1.2.68.2.7.2 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | B | Subpart B—System Diagram | § 1152.11 Description of lines to accompany the system diagram map or information to be contained in the narrative. | STB | 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. | ||||
| 49:49:8.1.1.2.68.2.7.3 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | B | Subpart B—System Diagram | § 1152.12 Filing and publication. | STB | [61 FR 67883, Dec. 24, 1996, as amended at 64 FR 53268, Oct. 1, 1999] | (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… | |||
| 49:49:8.1.1.2.68.2.7.4 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | B | Subpart B—System Diagram | § 1152.13 Amendment of the system diagram map or narrative. | STB | (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. | ||||
| 49:49:8.1.1.2.68.2.7.5 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | B | Subpart B—System Diagram | § 1152.14 Availability of data. | STB | 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 map or narrative together with a description of such a line and any appurtenant facilities and of their condition. | ||||
| 49:49:8.1.1.2.68.2.7.6 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | B | Subpart B—System Diagram | § 1152.15 Reservation of jurisdiction. | STB | 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. | ||||
| 49:49:8.1.1.2.68.3.7.1 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | C | 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. | STB | [61 FR 67883, Dec. 24, 1996, as amended at 68 FR 67810, Dec. 4, 2003; 83 FR 15079, Apr. 9, 2018] | (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 Surface Deployment and Distribution 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… | |||
| 49:49:8.1.1.2.68.3.7.10 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | C | Subpart C—Procedures Governing Notice, Applications, Financial Assistance, Acquisition for Public Use, and Trail Use | § 1152.29 Prospective use of rights-of-way for interim trail use and rail banking. | STB | [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; 84 FR 66325, Dec. 4, 2019] | (a) Contents of request for interim trail use. If any state, political subdivision, or qualified private organization is interested in acquiring or using a right-of-way of a rail line proposed to be abandoned for interim trail use and rail banking pursuant to 16 U.S.C. 1247(d), it must file a comment or otherwise include a request in its filing (in a regulated abandonment proceeding) or a petition (in an exemption proceeding) indicating that it would like to do so. The comment/request or petition must include: (1) A map depicting, and an accurate description of, the right-of-way, or portion thereof (including mileposts), proposed to be acquired or used; (2) A statement indicating the trail sponsor's willingness to assume full responsibility for: (i) Managing the right-of-way; (ii) Any legal liability arising out of the transfer or use of the right-of-way (unless the user is immune from liability, in which case it need only indemnify the railroad against any potential liability); and (iii) The payment of any and all taxes that may be levied or assessed against the right-of-way; and (3) An acknowledgment that interim trail use is subject to the sponsor's continuing to meet its responsibilities described in paragraph (a)(2) of this section, and subject to possible future reconstruction and reactivation of the right-of-way for rail service. The statement must be in the following form: Statement of Willingness To Assume Financial Responsibility In order to establish interim trail use and rail banking under 16 U.S.C. 1247(d) and 49 CFR 1152.29 with respect to the right-of-way owned by ________ (Railroad) and operated by ________ (Railroad), ________ (Interim Trail Sponsor) is willing to assume full responsibility for: (1) Managing the right-of-way, (2) any legal liability arising out of the transfer or use of the right-of-way (unless the sponsor is immune from liability, in which case it need only indemnify the railroad against any potential liability), and (3) the payment of any and all taxes that may be le… | |||
| 49:49:8.1.1.2.68.3.7.2 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | C | Subpart C—Procedures Governing Notice, Applications, Financial Assistance, Acquisition for Public Use, and Trail Use | § 1152.21 Form of notice. | STB | [75 FR 30712, June 2, 2010, as amended at 83 FR 15079, Apr. 9, 2018; 84 FR 12945, Apr. 3, 2019] | The Notice of Intent to abandon or to discontinue service shall be in the following form: STB No. AB ___(Sub-No. ___) 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 ___ 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 ___ 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) ___ (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 fo… | |||
| 49:49:8.1.1.2.68.3.7.3 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | C | Subpart C—Procedures Governing Notice, Applications, Financial Assistance, Acquisition for Public Use, and Trail Use | § 1152.22 Contents of application. | STB | [61 FR 67883, Dec. 24, 1996, as amended at 74 FR 52909, Oct. 15, 2009; 83 FR 15079, Apr. 9, 2018; 84 FR 12945, Apr. 3, 2019] | 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 × 10 1/2 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. (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 safe… | |||
| 49:49:8.1.1.2.68.3.7.4 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | C | Subpart C—Procedures Governing Notice, Applications, Financial Assistance, Acquisition for Public Use, and Trail Use | § 1152.23 [Reserved] | STB | |||||
| 49:49:8.1.1.2.68.3.7.5 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | C | Subpart C—Procedures Governing Notice, Applications, Financial Assistance, Acquisition for Public Use, and Trail Use | § 1152.24 Filing and service of application. | STB | [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; 84 FR 12945, Apr. 3, 2019; 91 FR 4855, Feb. 3, 2026] | (a) The application shall be filed with the Chief of Case Administration, Office of Chief Counsel, Washington, DC 20423-0001. The application shall bear the date and signature and shall be complete in itself. The applicable filing fee must be paid via the Board's electronic payment system (see 49 CFR part 1002). 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 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 … | |||
| 49:49:8.1.1.2.68.3.7.6 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | C | Subpart C—Procedures Governing Notice, Applications, Financial Assistance, Acquisition for Public Use, and Trail Use | § 1152.25 Participation in abandonment or discontinuance proceedings. | STB | [61 FR 67883, Dec. 24, 1996, as amended at 62 FR 34669, June 27, 1997; 74 FR 52909, Oct. 15, 2009; 84 FR 12945, Apr. 3, 2019] | (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) 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) A… | |||
| 49:49:8.1.1.2.68.3.7.7 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | C | Subpart C—Procedures Governing Notice, Applications, Financial Assistance, Acquisition for Public Use, and Trail Use | § 1152.26 Board determination under 49 U.S.C. 10903. | STB | [61 FR 67883, Dec. 24, 1996, as amended at 62 FR 34670, June 27, 1997] | (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. 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. 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. 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… | |||
| 49:49:8.1.1.2.68.3.7.8 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | C | Subpart C—Procedures Governing Notice, Applications, Financial Assistance, Acquisition for Public Use, and Trail Use | § 1152.27 Financial assistance procedures. | STB | [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; 82 FR 31007, July 5, 2017] | (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 that has proven itself preliminarily financially responsible under paragraph (c)(1)(ii) of this section, 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… | |||
| 49:49:8.1.1.2.68.3.7.9 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | C | Subpart C—Procedures Governing Notice, Applications, Financial Assistance, Acquisition for Public Use, and Trail Use | § 1152.28 Public use procedures. | STB | (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 Chief Counsel 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 post… | ||||
| 49:49:8.1.1.2.68.4.7.1 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | D | Subpart D—Standards for Determining Costs, Revenues, and Return on Value | § 1152.30 General. | STB | [61 FR 67883, Dec. 24, 1996, as amended at 81 FR 8855, Feb. 23, 2016] | (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 preappr… | |||
| 49:49:8.1.1.2.68.4.7.2 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | D | Subpart D—Standards for Determining Costs, Revenues, and Return on Value | § 1152.31 Revenue and income attributable to branch lines. | STB | 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 (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. | ||||
| 49:49:8.1.1.2.68.4.7.3 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | D | Subpart D—Standards for Determining Costs, Revenues, and Return on Value | § 1152.32 Calculation of avoidable costs. | STB | [61 FR 67883, Dec. 24, 1996, as amended at 81 FR 8855, Feb. 23, 2016] | 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 “freight-only” account numbers, shall include the portion of common expenses that have been apportioned to freight service. (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… | |||
| 49:49:8.1.1.2.68.4.7.4 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | D | Subpart D—Standards for Determining Costs, Revenues, and Return on Value | § 1152.33 Apportionment rules for the assignment of expenses to on-branch costs. | STB | 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 … | ||||
| 49:49:8.1.1.2.68.4.7.5 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | D | Subpart D—Standards for Determining Costs, Revenues, and Return on Value | § 1152.34 Return on investment. | STB | 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 r… | ||||
| 49:49:8.1.1.2.68.4.7.6 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | D | Subpart D—Standards for Determining Costs, Revenues, and Return on Value | § 1152.35 [Reserved] | STB | |||||
| 49:49:8.1.1.2.68.4.7.7 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | D | Subpart D—Standards for Determining Costs, Revenues, and Return on Value | § 1152.36 Submission of revenue and cost data. | STB | The following information shall be submitted by applicant as Exhibit 1 to an abandonment or discontinuance application (§ 1152.22(d)) and shall be developed 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). 1 This projection shall be computed in accordance with § 1152.32(m). 2 Omit in applications pursuant to §§ 1152.22 and 1152.23. 3 If the amount in line 12c is a negative for the “Forecast Year operations” insert “0” in this line. | ||||
| 49:49:8.1.1.2.68.4.7.8 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | D | Subpart D—Standards for Determining Costs, Revenues, and Return on Value | § 1152.37 Financial status reports. | STB | 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. Significant 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. | ||||
| 49:49:8.1.1.2.68.6.7.1 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | F | Subpart F—Exempt Abandonments and Discontinuances of Service and Trackage Rights | § 1152.50 Exempt abandonments and discontinuances of service and trackage rights. | STB | [61 FR 67883, Dec. 24, 1996, as amended at 62 FR 34670, June 27, 1997; 83 FR 15079, Apr. 9, 2018] | (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 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 wit… | |||
| 49:49:8.1.1.2.68.7.7.1 | 49 | Transportation | X | B | 1152 | PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 | G | 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. | STB | [61 FR 67883, Dec. 24, 1996, as amended at 62 FR 34670, June 27, 1997; 83 FR 15079, Apr. 9, 2018; 84 FR 12945, Apr. 3, 2019] | (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 Chief Counsel, 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 draft notice shall be in the form set forth below: STB No. AB-___ (Sub-No.___) Notice of Petition for Exemption To Abandon or To Discontinue Service 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 as___, extending from railroad milepost near (station name) to (the end of line or rail milepost) near (station name), which traverses through ___ (ZIP Codes) United States Postal Service ZIP Codes, a distance of ___ miles, in [County(ies), S… |
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title_name TEXT,
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