1、972 49 CFR Ch. II (10110 Edition) 260.55 loan guarantee from the Administrator are responsible for: (a) Loan processing. Lender shall be responsible for all aspects of loan proc-essing, including: (1) Processing applications for the loan to be guaranteed; (2) Developing and maintaining ade-quately d
2、ocumented loan files; (3) Recommending only loan pro-posals that are eligible and financially feasible; (4) Obtaining valid evidence of debt and collateral in accordance with sound lending practices; (5) Supervising construction, where appropriate; (6) Distributing loan funds; (7) Servicing guarante
3、ed loans in a prudent manner, including liquidation if necessary; and (8) Obtaining the Administrators ap-proval or concurrence as required in the loan guarantee documentation; (b) Credit evaluation. Lender must analyze all credit factors associated with each proposed loan and apply its professional
4、 judgment to determine that the credit factors, considered in combination, ensure loan repayment. The Lender must have an adequate un-derwriting process to ensure that loans are reviewed by other than the origi-nating officer. There must be good credit documentation procedures; (c) Environmental res
5、ponsibilities. Lender has a responsibility to become familiar with Federal environmental requirements; to consider, in consulta-tion with the prospective borrower, the potential environmental impacts of their proposals at the earliest planning stages; and to develop proposals that minimize the poten
6、tial to adversely impact the environment. Lender must alert the Administrator to any con-troversial environmental issues related to a proposed project or items that may require extensive environmental review. Lender must assist borrowers as necessary to comply with the envi-ronmental requirements ou
7、tlined in this part. Additionally, Lender will as-sist in the collection of additional data when the Agency needs such data to complete its environmental review of the proposal; and assist in the resolu-tion of environmental problems; (d) Loan closing. The Lender will con-duct or arrange for loan cl
8、osings; and (e) Fees and charges. The Lender may establish charges and fees for the loan provided they are similar to those nor-mally charged other Applicants for the same type of loan in the ordinary course of business. 260.55 Lenders loan servicing. (a) The lender is responsible for serv-icing the
9、 entire loan and for taking all servicing actions that are prudent. This responsibility includes but is not limited to the collection of payments, obtaining compliance with the cov-enants and provisions in the loan docu-ments, obtaining and analyzing finan-cial statements, verification of tax paymen
10、ts, and insurance premiums, and maintaining liens on collateral. (b) The lender must report the out-standing principal and interest balance on each guaranteed loan semiannually. (c) At the Administrators request, the Lender will periodically meet with the Administrator to ascertain how the guarantee
11、d loan is being serviced and that the conditions and covenants of the loan documents are being enforced. (d) The Lender must obtain and for-ward to the Administrator the Bor-rowers annual financial statements within 120 days after the end of the Borrowers fiscal year and the due date of other report
12、s as required by the loan documents. The Lender must analyze the financial statements and provide the Agency with a written summary of the Lenders analysis and conclusions, including trends, strengths, weak-nesses, extraordinary transactions, and other indications of the financial con-dition of the
13、Borrower. (e) Neither the Lender nor the Holder shall alter, nor approve any amend-ments of, any loan instrument without the prior written approval of the Ad-ministrator. PART 261CREDIT ASSISTANCE FOR SURFACE TRANSPORTATION PROJECTS AUTHORITY: Secs. 1501 et seq., Pub. L. 105 178, 112 Stat. 107, 241,
14、 as amended; 23 U.S.C. 181189 and 315; 49 CFR 1.49. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00982 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-973 Feder
15、al Railroad Administration, DOT 262.3 SOURCE: 64 FR 29753, June 2, 1999, unless otherwise noted. 261.1 Cross-reference to credit assist-ance. The regulations in 49 CFR part 80 shall be followed in complying with the requirements of this part. Title 49 CFR part 80 implements the Transportation Infras
16、tructure Finance and Innovation Act of 1998, secs. 1501 et seq., Pub. L. 105178, 112 Stat. 107, 241. PART 262IMPLEMENTATION OF PROGRAM FOR CAPITAL GRANTS FOR RAIL LINE RELOCATION AND IMPROVEMENT PROJECTS Sec. 262.1 Purpose. 262.3 Definitions. 262.5 Allocation requirements. 262.7 Eligibility. 262.9 C
17、riteria for selection of projects. 262.11 Application process. 262.13 Matching requirements. 262.15 Environmental assessment. 262.17 Combining grant awards. 262.19 Close-out procedures. AUTHORITY: 49 U.S.C. 20154 and 49 CFR 1.49. SOURCE: 73 FR 39886, July 11, 2008, unless otherwise note. 262.1 Purpo
18、se. The purpose of this part is to carry out the statutory mandate set forth in 49 U.S.C. 20154 requiring the Secretary of Transportation to promulgate regu-lations implementing a capital grants program to provide financial assistance for local rail line relocation and im-provement projects. 262.3 D
19、efinitions. Administrator means the Federal Rail-road Administrator, or his or her dele-gate. Allowable costs means those project costs for which Federal funding may be expended under this part. Only con-struction and construction-related costs will be allowable. Construction means supervising, in-s
20、pecting, demolition, actually building, and incurring all costs incidental to building a project described in 262.9 of this part, including bond costs and other costs related to the issuance of bonds or other debt financing instru-ments and costs incurred by the Grant-ee in performing project relate
21、d audits, and includes: (1) Locating, surveying, and mapping; (2) Track and related structure in-stallation, restoration, and rehabilita-tion; (3) Acquisition of rights-of-way; (4) Relocation assistance, acquisition of replacement housing sites, and ac-quisition and rehabilitation, reloca-tion, and
22、construction of replacement housing; (5) Elimination of obstacles and relo-cation of utilities; and (6) Any other activities as defined by FRA, including architectural and engi-neering costs, and costs associated with compliance with the National En-vironmental Policy Act, National His-toric Preserv
23、ation Act, and related statutes, regulations, and orders. FRA means the Federal Railroad Ad-ministration. Improvement means repair or en-hancement to existing rail infrastruc-ture, or construction of new rail infra-structure, that results in improve-ments to the efficiency of the rail sys-tem and th
24、e safety of those affected by the system. Non-federal share means the portion of the allowable cost of the local rail line relocation or improvement project that is being paid for through cash or in-kind contributions by a State or other non-Federal entity or any com-bination thereof. Private entity
25、 means any domestic or foreign nongovernmental for-profit or not-for-profit organization. Project means the local rail line relo-cation or improvement for which a grant is requested under this section. Quality of life means the level of so-cial, environmental and economic sat-isfaction and well bein
26、g a community experiences, and includes factors such as first responders emergency response time, impact on emergency services, accessibility to the disabled as re-quired under the Americans with Dis-abilities Act and section 504 of the Re-habilitation Act of 1973 (as amended), school access, safety
27、, traffic delay and congestion, the environment, grade crossing safety, and noise levels. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00983 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
