DOT 49 CFR PART 1151-2010 FEEDER RAILROAD DEVELOPMENT PROGRAM.pdf
《DOT 49 CFR PART 1151-2010 FEEDER RAILROAD DEVELOPMENT PROGRAM.pdf》由会员分享,可在线阅读,更多相关《DOT 49 CFR PART 1151-2010 FEEDER RAILROAD DEVELOPMENT PROGRAM.pdf(5页珍藏版)》请在麦多课文档分享上搜索。
1、197 Surface Transportation Board, DOT 1151.2 to revoke will not automatically stay the transaction. 61 FR 32355, June 24, 1996; 61 FR 36965, July 15, 1996 1150.45 Procedures and relevant datestransactions under section 10902 that involve creation of Class I or Class II rail carriers. (a) To qualify
2、for this exemption, ap-plicant must serve a notice of intent to file a notice of exemption no later than 14 days before the notice of exemption is filed with the Board, and applicant must comply with the notice require-ment of 1150.42(e). (b) The notice of intent must contain all the information req
3、uired in 1150.43 plus: (1) A general statement of service in-tentions; and (2) A general statement of labor im-pacts. (c) The notice of intent must be served on: (1) The Governor of each state in which track is to be sold; (2) The state(s) Department of Trans-portation or equivalent agency; (3) The
4、national offices of the labor unions with employees on the affected line(s); and (4) Shippers representing at least 50 percent of the volume of local traffic and traffic originating or terminating on the line(s) in the most recent 12 months for which data are available (beginning with the largest sh
5、ipper and working down). (d) Applicant must also file a verified notice of exemption conforming to the requirements of paragraph (b) of this section and of 1150.44, and certify compliance with paragraphs (a), (b), and (c) of this section, attaching a copy of the notice of intent. In addition to the
6、written submission, the notice must be submitted on a 3.5-inch disk-ette formatted for WordPerfect 5.1. (e) The exemption will be effective 45 days after the notice is filed. The Board, through the Director of the Of-fice of Proceedings, will publish a no-tice in the FEDERAL REGISTER within 16 days
7、of the filing. (f) If the notice contains false or mis-leading information, the exemption is void ab initio. A petition to revoke under 49 U.S.C. 10502(d) does not auto-matically stay the transaction. Stay petitions must be filed at least 14 days before the exemption becomes effec-tive. Replies will
8、 be due 7 days there-after. To be considered, stay petitions must be timely served on the appli-cant. (g) Applicant must preserve intact all sites and structures more than 50 years old until compliance with the require-ments of section 106 of the National Historic Preservation Act, 16 U.S.C. 470f, i
9、s achieved. 61 FR 32355, June 24, 1996, as amended at 62 FR 47584, Sept. 10, 1997; 71 FR 62213, Oct. 24, 2006 PART 1151FEEDER RAILROAD DEVELOPMENT PROGRAM Sec. 1151.1 Scope. 1151.2 Procedures. 1151.3 Contents of application. 1151.4 Board determination. AUTHORITY: 49 U.S.C. 10907. SOURCE: 48 FR 9654,
10、 Mar. 8, 1983, unless oth-erwise noted. 1151.1 Scope. This part governs applications filed under 49 U.S.C. 10907. The Board can re-quire the sale of a rail line to a finan-cially responsible person. A rail line is eligible for a forced sale if it appears in category 1 or 2 of the owning railroads sy
11、stem diagram map (but the railroad has not filed an application to abandon the line), or the public convenience and necessity, as defined in 49 U.S.C. 10907(c)(1), permit or require the sale of the line. 48 FR 9654, Mar. 8, 1983, as amended at 56 FR 37861, Aug. 9, 1991; 64 FR 53268, Oct. 1, 1999 115
12、1.2 Procedures. (a) Service. When an application is filed, applicant must concurrently serve a copy of the application by first class mail on: (1) The owning railroad; (2) All rail patrons who originated and/or received traffic on the line dur-ing the 12-month period preceding the month in which the
13、 application is filed; (3) The designated State agency in the State(s) where the property is lo-cated; VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00207 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networki
14、ng permitted without license from IHS-,-,-198 49 CFR Ch. X (10110 Edition) 1151.2 (4) County governments where the line is located; (5) The National Railroad Passenger Corporation (Amtrak) (if Amtrak oper-ates on the line); (6) And the national offices of rail unions with employees on the line. (b)
15、Acceptance or rejection of an ap-plication. (1) The Board, through the Director of the Office of Proceedings, will accept a complete application no later than 30 days after the application is filed by publishing a notice in the FEDERAL REGISTER. An application is complete if it has been properly ser
16、ved and con-tains substantially all information re-quired by 1151.3, except as modified by advance waiver. The notice will also announce the schedule for filing of competing applications and responses. (2) The Board, through the Director of the Office of Proceedings, will reject an incomplete applic
17、ation by serving a decision no later than 30 days after the application is filed. The decision will explain specifically why the applica-tion was incomplete. A revised applica-tion may be submitted, incorporating portions of the prior application by ref-erence. (c) Competing applications. (1) Unless
18、 otherwise scheduled in the notice, competing applications by other parties seeking to acquire all or any portion of the line sought in the initial application are due within 30 days after the initial application is ac-cepted. (2) The Board, through the Director of the Office of Proceedings, will is
19、sue a decision accepting or rejecting a competing application no later than 15 days after it is filed. A competing ap-plication will be rejected if it does not substantially contain the information required by 1151.3, except as modified by advance waiver. (d) Incomplete applications. (1) If an appli
20、cant seeking to file an initial or competing application is un-able to obtain required information that is primarily or exclusively within the personal knowledge of the owning carrier, the applicant may file an in-complete application if it files at the same time a request for discovery under 49 CFR
21、 part 1114 to obtain the needed information from the owning carrier. (2) The Board, through the Director of the Office of Proceedings, will by de-cision conditionally accept incomplete initial or competing applications, if the Director determines that the dis-covery sought is necessary for the ap-pl
22、ication and primarily or exclusively within the knowledge of the owning carrier. (3) When the information sought through discovery has been filed for an initial application, FEDERAL REGISTER notice under paragraph (b) of this sec-tion will be published. (4) When the information sought through discov
23、ery has been filed for a competing application, a decision will be issued under paragraph (c) of this section. (e) Comments. Unless otherwise scheduled in the notice, verified state-ments and comments addressing both the initial and competing applications must be filed within 60 days after the initi
24、al application is accepted. (f) Replies. Unless otherwise sched-uled in the notice, verified replies by applicants and other interested parties must be filed within 80 days after the initial application is accepted. (g) Publication. If the Board finds that the public convenience and neces-sity requi
- 1.请仔细阅读文档,确保文档完整性,对于不预览、不比对内容而直接下载带来的问题本站不予受理。
- 2.下载的文档,不会出现我们的网址水印。
- 3、该文档所得收入(下载+内容+预览)归上传者、原创作者;如果您是本文档原作者,请点此认领!既往收益都归您。
下载文档到电脑,查找使用更方便
10000 积分 0人已下载
下载 | 加入VIP,交流精品资源 |
- 配套讲稿:
如PPT文件的首页显示word图标,表示该PPT已包含配套word讲稿。双击word图标可打开word文档。
- 特殊限制:
部分文档作品中含有的国旗、国徽等图片,仅作为作品整体效果示例展示,禁止商用。设计者仅对作品中独创性部分享有著作权。
- 关 键 词:
- DOT49CFRPART11512010FEEDERRAILROADDEVELOPMENTPROGRAMPDF

链接地址:http://www.mydoc123.com/p-701993.html