DOT 49 CFR PART 1106-2010 PROCEDURES FOR SURFACE TRANSPORTATION BOARD CONSIDERATION OF SAFETY INTEGRATION PLANS IN CASES INVOLVING RAILROAD CONSOLIDATIONS MERGERS AND ACQUISITIONS .pdf

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1、114 49 CFR Ch. X (10110 Edition) Pt. 1106 service on) allmile line of railroad between railroad milepost ll, near (station name), which traverses through United States Post-al Service ZIP Codes (ZIP Codes) and rail-road milepost ll, near (station name) which traverses through United States Post-al S

2、ervice ZIP Codes (ZIP Codes) inllCounty(ies), (State). The proceeding will be docketed as No. ABll(Sub- No.llX). The Boards Section of Environmental Analysis (SEA) will generally prepare an En-vironmental Assessment (EA), which will normally be available 25 days after the filing of the notice of exe

3、mption. Comments on en-vironmental and energy matters should be filed no later than 15 days after the EA be-comes available to the public and will be ad-dressed in a Board decision. Interested per-sons may obtain a copy of the EA or make inquiries regarding environmental matters by writing to the Se

4、ction of Environmental Analysis (SEA), Surface Transportation Board, Washington, DC 20423 or by calling that office at INSERT TELEPHONE NUM-BER. Appropriate offers of financial assistance to continue rail service can be filed with the Board. Requests for environmental condi-tions, public use conditi

5、ons, or rail banking/ trails use also can be filed with the Board. An original and 10 copies of any pleading that raises matters other than environ-mental issues (such as trails use, public use, and offers of financial assistance) must be filed directly with the Boards Section of Ad-ministration, Of

6、fice of Proceedings, 395 E Street, SW., Washington, DC 204230001 See 49 CFR 1104.1(a) and 1104.3(a), and one copy must be served on applicants representative See 49 CFR 1104.12(a). Questions regarding offers of financial assistance, public use or trails use may be directed to the Boards Of-fice of P

7、ublic Assistance, Governmental Af-fairs, and Compliance at INSERT TELE-PHONE NUMBER. Copies of any comments or requests for conditions should be served on the applicants representative: (Name, ad-dress and phone number). SAMPLE LOCAL NEWSPAPER NOTICE FOR PETITIONS FOR ABANDONMENT EXEMPTIONS NOTICE O

8、F INTENT TO ABANDON OR TO DISCONTINUE RAIL SERVICE (Name of railroad) gives notice that on or about (insert date petition for abandonment exemption will be filed with the Surface Transportation Board) it intends to file with the Surface Transportation Board, Wash-ington, DC 20423, a petition for exe

9、mption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10903, et seq., per-mitting the (abandonment of or discontinu-ance of service on) allmile line of railroad between railroad milepostlll, near (sta-tion name) which traverses through United States Postal Service ZIP Codes

10、(ZIP Codes), and railroad milepostl, near (station name) which traverses through United States Post-al Service ZIP Codes (ZIP Codes) inllCounty(ies), (State). The proceeding has been docketed as No. ABll(Sub- No.llX). The Boards Section of Environmental Analysis (SEA) will generally prepare an En-vi

11、ronmental Assessment (EA), which will normally be available 60 days after the filing of the petition for abandonment exemption. Comments on environmental and energy matters should be filed no later than 30 days after the EA becomes available to the public and will be addressed in a Board decision. I

12、n-terested persons may obtain a copy of the EA or make inquiries regarding environ-mental matters by writing to SEA, Surface Transportation Board, Washington, DC 20423 or by calling SEA at INSERT TELEPHONE NUMBER. Appropriate offers of financial assistance to continue rail service can be filed with

13、the Board. Requests for environmental condi-tions, public use conditions, or rail banking/ trails use also can be filed with the Board. An original and 10 copies of any pleading that raises matters other than environ-mental issues (such as trails use, public use, and offers of financial assistance)

14、must be filed directly with the Boards Section of Ad-ministration, Office of Proceedings, 395 E Street, SW., Washington, DC 204230001 See 49 CFR 1104.1(a) and 1104.3(a), and one copy must be served on applicants representative See 49 CFR 1104.12(a). Questions regarding offers of financial assistance

15、, public use or trails use may be directed to the Boards Of-fice of Public Assistance, Governmental Af-fairs, and Compliance at INSERT TELE-PHONE NUMBER. Copies of any comments or requests for conditions should be served on the applicants representative (name and address). 56 FR 36105, July 31, 1991

16、, as amended at 56 FR 49821, Oct. 1, 1991; 58 FR 44619, Aug. 24, 1993; 61 FR 67883, Dec. 24, 1996; 64 FR 53268, Oct. 1, 1999; 69 FR 58366, Sept. 30, 2004; 74 FR 52906, Oct. 15, 2009 PART 1106PROCEDURES FOR SURFACE TRANSPORTATION BOARD CONSIDERATION OF SAFETY INTEGRATION PLANS IN CASES INVOLVING RAIL

17、ROAD CONSOLIDATIONS, MERGERS, AND ACQUISITIONS OF CON-TROL Sec. 1106.1 Purpose. 1106.2 Definitions. VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00124 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking

18、permitted without license from IHS-,-,-115 Surface Transportation Board, DOT 1106.4 1106.3 Actions for which Safety Integration Plan is Required. 1106.4 The Safety Integration Plan Process. 1106.5 Waiver. 1106.6 Reservation of jurisdiction. AUTHORITY: 5 U.S.C. 553; 5 U.S.C. 559; 49 U.S.C. 721; 49 U.

19、S.C. 10101; 49 U.S.C. 11323 11325; 42 U.S.C. 4332. SOURCE: 67 FR 11607, Mar. 15, 2002, unless otherwise noted. 1106.1 Purpose. This part is designed to ensure ade-quate and coordinated consideration of safety integration issues, by both the Board and the Federal Railroad Admin-istration, the agency

20、within the De-partment of Transportation responsible for the enforcement of railroad safety, in the implementation of rail trans-actions subject to the Boards jurisdic-tion. It establishes the procedures by which the Board will consider safety integration plans in connection with its approval and au

21、thorization of trans-actions for which the Board has con-cluded such consideration is required. 1106.2 Definitions. The following definitions apply to this part: Act means the ICC Termination Act of 1995, Pub. L. 10488, 109 Stat. 803 (1995). Amalgamation of operations, as defined by the Federal Rail

22、road Administra-tion at 49 CFR 244.9, means the migra-tion, combination, or unification of one set of railroad operations with another set of railroad operations, including, but not limited to, the allocation of re-sources affecting railroad operations (e.g., changes in personnel, track, bridges, or

23、 communication or signal systems; or use or deployment of main-tenance-of-way equipment, loco-motives, or freight or passenger cars). Applicant means a Class I railroad or a Class II railroad engaging in a trans-action subject to this part. Board means the Surface Transpor-tation Board. Class I or C

24、lass II railroad has the meaning assigned by the Boards regu-lations (49 CFR part 1201; General In-structions 11), as those regulations may be revised by the Board (including modifications in class thresholds based on the revenue deflator formula) from time to time. Environmental documentation means

25、 either an Environmental Assessment or an Environmental Impact State-ment prepared in accordance with the National Environmental Policy Act and Boards environmental rules at 49 CFR part 1105. Federal Railroad Administration (FRA) means the agency within the Department of Transportation respon-sible

26、for railroad safety. Safety Integration Plan (SIP) means a comprehensive written plan, prepared in accordance with FRA guidelines or regulations, explaining the process by which Applicants intend to integrate the operation of the properties in-volved in a manner that would main-tain safety at every

27、step of the integra-tion process, in the event the Board ap-proves the transaction that requires a SIP. Section of Environmental Analysis (SEA) means the Section that pre-pares the Boards environmental docu-ments and analyses. Transaction means an application by a Class I railroad that proposes to c

28、on-solidate with, merge with, or acquire control under 49 U.S.C. 11323(a) of an-other Class I railroad, or with a Class II railroad where there is a proposed amalgamation of operations, as defined by FRAs regulations at 49 CFR 244.9. Transaction also includes a pro-ceeding other than those specified

29、 above if the Board concludes that a SIP is necessary in its proper consideration of the application or other request for authority. 1106.3 Actions for which Safety Inte-gration Plan is required. A SIP shall be filed by any applicant requesting authority to undertake a transaction as defined under 1

30、106.2 of this part. 1106.4 The Safety Integration Plan process. (a) Each applicant in a transaction subject to this part shall file a pro-posed SIP in accordance with the infor-mational requirements prescribed at 49 CFR part 244, or other FRA guidelines or requirements regarding the contents of a SI

31、P, with SEA and FRA no later VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00125 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-116 49 CFR Ch. X (10110 Edition)

32、 1106.5 than 60 days from the date the applica-tion is filed with the Board. (b) The proposed SIP shall be made part of the environmental record in the Board proceeding and dealt with in the ongoing environmental review process under 49 CFR part 1105. The procedures governing the process shall be as

33、 fol-lows: (1) In accordance with 49 CFR 244.17, FRA will provide its findings and con-clusions on the adequacy of the pro-posed SIP (i.e., assess whether the pro-posed SIP establishes a process that provides a reasonable assurance of safe-ty in executing the proposed trans-action) to SEA at a date

34、sufficiently in advance of the Boards issuance of its draft environmental documentation in the case to permit incorporation in the draft environmental document. (2) The draft environmental docu-mentation shall incorporate the pro-posed SIP, any revisions or modifica-tions to it based on further cons

35、ulta-tions with FRA, and FRAs written comments regarding the SIP. The pub-lic may review and comment on the draft environmental documentation within the time limits prescribed by SEA. (3) SEA will independently review each proposed SIP. In its final environ-mental documentation, SEA will ad-dress wr

36、itten comments on the pro-posed SIP received during the time es-tablished for submitting comments on the draft environmental documenta-tion. The Board then will consider the full environmental record, including the information concerning the SIP, in arriving at its decision in the case. (4) If the B

37、oard approves the trans-action and adopts the SIP, it will re-quire compliance with the SIP as a condition to its approval. Each appli-cant involved in the transaction then shall coordinate with FRA in imple-menting the approved SIP, including any amendments thereto. FRA has pro-vided in its rules a

38、t 49 CFR 244.17(g) for submitting information to the Board during implementation of an approved transaction that will assist the Board in exercising its continuing jurisdic-tion over the transaction. FRA also has agreed to advise the Board when, in its view, the integration of the applicants operati

39、ons has been safely completed. (c) If a SIP is required in trans-actions that would not be subject to environmental review under the Boards environmental rules at 49 CFR part 1105, the Board will develop appro-priate case-specific SIP procedures based on the facts and circumstances presented. 1106.5

40、 Waiver. The SIP requirements established by this part may be waived or modified by the Board where a railroad shows that relief is warranted or appropriate. 1106.6 Reservation of Jurisdiction. The Board reserves the right to re-quire a SIP in cases other than those enumerated in this part, or to ad

41、opt modified SIP requirements in indi-vidual cases, if it concludes that doing so is necessary in its proper consider-ation of the application or other re-quest for authority. PART 1107 RESERVED PART 1108ARBITRATION OF CER-TAIN DISPUTES SUBJECT TO THE STATUTORY JURISDICTION OF THE SURFACE TRANSPORTA

42、TION BOARD Sec. 1108.1 Definitions. 1108.2 Statement of purpose, organization, and jurisdiction. 1108.3 Matters subject to arbitration. 1108.4 Relief. 1108.5 Fees and costs. 1108.6 Arbitrators. 1108.7 Arbitration commencement proce-dures. 1108.8 Arbitration procedures. 1108.9 Decisions. 1108.10 Prec

43、edent. 1108.11 Enforcement and appeals. 1108.12 Additional matters. AUTHORITY: 49 U.S.C. 721(a). SOURCE: 62 FR 46217, Sept. 2, 1997, unless otherwise noted. 1108.1 Definitions. (a) Arbitrator means an arbitrator ap-pointed pursuant to these provisions. (b) ICC means the Interstate Com-merce Commissi

44、on. (c) Interstate Commerce Act means the Interstate Commerce Act as amended VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00126 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-