DOT 49 CFR PART 256-2010 FINANCIAL ASSISTANCE FOR RAILROAD PASSENGER TERMINALS.pdf

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1、950 49 CFR Ch. II (10110 Edition) Pt. 256 (2) Certified copies of the reorganiza-tion court orders and decrees author-izing the Trustee to execute and de-liver the certificates or other obliga-tions and to give the security under and according to the terms of the loan and guarantee as prescribed by

2、the Ad-ministrator. Such order or orders of the reorganization court shall specify that trustee certificates, guaranteed by the Secretary as to payment of prin-cipal and interest, shall be treated as an expense of administration and re-ceive the highest lien on the railroads property and priority in

3、 payment under the Bankruptcy Act. (3) Unexecuted copies of the fore-going documents will be delivered to the Administrator 3 business days prior to closing. (b) The guarantee by the Secretary of a loan pursuant to an application filed as provided in this part should not be construed as relieving a

4、carrier from complying with applicable provisions of section 20a of the Interstate Com-merce Act (49 U.S.C. 20a) in relation to the issuance of Trustee certificates. PART 256FINANCIAL ASSISTANCE FOR RAILROAD PASSENGER TER-MINALS REGULATIONS GOVERNING APPLICATIONS FOR AND DISBURSEMENT OF FINANCIAL AS

5、SISTANCE Sec. 256.1 Purpose. 256.3 Definitions. 256.5 Eligibility. 256.7 Financial assistance. 256.9 Reserved 256.11 Applications. 256.13 Review and approval of applications. 256.15 Disbursement of financial assistance. APPENDIX A TO PART 256CERTIFICATE AUTHORITY: Sec. 4(i) of the Department of Tran

6、sportation Act, 49 U.S.C. 55615568, as amended by (1) sec. 15 of the Amtrak Im-provement Act of 1974, Public Law 93496, 88 Stat. 1528; (2) sec. 13 of the Amtrak Improve-ment Act of 1975, Public Law 9425, 89 Stat. 93; (3) sec. 706 of the Railroad Revitalization and Regulatory Reform Act of 1976, Publ

7、aw Law 94210, 90 Stat. 125; and (4) sec. 219(a) of the Rail Transportation Improvement Act, Public Law 94555, 90 Stat. 2629; and regula-tions of the Office of the Secretary of Trans-portation, 49 CFR 1.49(r). REGULATIONS GOVERNING APPLICATIONS FOR AND DISBURSEMENT OF FINANCIAL ASSISTANCE 256.1 Purpo

8、se. The purpose of this part is to estab-lish procedures for implementing sub-section 4(i) of the Department of Transportation Act as amended (49 U.S.C. 1653(i) with respect to all finan-cial assistance provided under that subsection. 40 FR 29080, July 10, 1975 256.3 Definitions. As used in this par

9、t (a) Act means the Department of Transportation Act, as amended. (b) Administrator means the Federal Railroad Administrator, or his dele-gate. (c) Allowable project costs means those project costs for which Federal finan-cial assistance may be expended under 256.7. (d) Applicant means a governmenta

10、l entity, a non-profit public-purpose or-ganization, or any responsible person having the legal, financial, and tech-nical capacity to implement an inter-modal passenger terminal project under this part. The applicant must have legal authority to receive and ex-pend Federal funds. (e) Chairman means

11、 the Chairman of the National Endowment for the Arts. (f) Civic and cultural activities in-cludes, but is not limited to, museums, libraries, musical and dramatic presen-tations, art exhibitions, adult edu-cation programs, public meetings of community groups, convention visitors and others, and othe

12、r public activities supported in whole or in part under Federal law. (g) Council means the Advisory Coun-cil on Historic Preservation. (h) Demonstration funds means funds authorized for the purpose set forth in paragraph (1)(A) of subsection 4(i) of the Act. (i) Intermodal passenger terminal means a

13、n existing railroad passenger terminal which has been or may be modified as necessary to accommodate several modes of transportation, in-cluding intercity rail service and some or all of the following: Intercity bus, commuter rail, intra-city rail transit VerDate Mar2010 09:47 Dec 14, 2010 Jkt 22021

14、5 PO 00000 Frm 00960 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-951 Federal Railroad Administration, DOT 256.5 and bus transportation, airport lim-ousine service and air

15、line ticket of-fices, rent-a-car facilities, taxis, pri-vate parking, and other transportation services. (j) National Register means the Na-tional Register of Historic Places maintained by the Secretary of the In-terior. (k) Planning funds means funds au-thorized for the purpose set forth in paragra

16、ph (1)(D) of subsection 4(i) of the Act. (l) Preservation funds means funds au-thorized for the purpose set forth in paragraph (1)(B) of subsection 4(i) of the Act. (m) Project means a locally spon-sored, coordinated, and administered program, or any part thereof, to plan, finance, construct, mainta

17、in, or im-prove an intermodal passenger ter-minal, which may incorporate civic or cultural activities where feasible in an architecturally or historically distinc-tive railroad passenger terminal. (n) 4R Act means the Railroad Revi-talization and Regulatory Reform Act of 1976, as amended, Public Law

18、 94210, 90 Stat. 125, 49 U.S.C. 1653. (o) Sufficient commitments means com-mitments of a binding nature adequate to ensure the successful operation of a project. Such commitments may be conditional, requiring, for example, the participation of other entities in the project, or action by a date certa

19、in. 40 FR 29080, July 10, 1975, as amended at 43 FR 21887, May 22, 1978; 44 FR 21647, Apr. 11, 1979 256.5 Eligibility. (a) General. A project is eligible for financial assistance under subsection 4(i) of the Act if: (1) The applicant provides satisfac-tory assurance that such fiscal control and fund

20、 accounting procedures will be adopted as may be necessary to assure proper disbursement of and accounting for Federal financial assistance grant-ed to the applicant under the Act; (2) The applicant complies with the regulations of the Administrator pre-scribed in this part, and with such other term

21、s and conditions as may be included in the grant of assistance; and (3) The Council is given a reasonable opportunity to review and comment upon the project as it affects property listed or eligible for listing on the Na-tional Register. (b) Demonstration funds. A project is eligible for financial a

22、ssistance in ac-cordance with subsection 4(i) of the Act if the Administrator determines that: (1) The railroad passenger terminal can be converted to an intermodal pas-senger terminal; (2) There exist sufficient commit-ments by Amtrak or other rail pas-senger carriers, and by intercity bus carriers

23、, the local public transpor-tation authority, or other public or pri-vate transportation operators, to pro-vide co-ordinated service for conven-ient intermodal interchange to meet the goals enumerated in paragraph (b) of 256.13; (3) The railroad passenger terminal is listed on the National Register;

24、 (4) The architectural integrity of the railroad passenger terminal will be pre-served, and this determination is con-curred in by the consultants rec-ommended by the Chairman and Coun-cil and retained by the Administrator for this purpose; (5) To the extent practicable, the use of station facilitie

25、s for transportation purposes may be combined with use for other civic and cultural activities, es-pecially when such use is recommended by the Council or the Chairman, or the consultants retained by the Adminis-trator upon their recommendation; (6) The applicant has provided the in-formation and do

26、cumentation required under 256.11(c). (7) The railroad passenger terminal and the conversion project meet such other criteria as the Administrator may develop and promulgate in con-sultation with the Chairman and the Council. (c) Preservation funds. A project is eli-gible for financial assistance in

27、 accord-ance with subsection 4(i) of the Act if the Administrator determines that: (1) The applicant is empowered by ap-plicable law, and is qualified, prepared, and committed, on an interim basis pending the formulation of plans for reuse, to maintain and prevent the demolition, dismantling, or fur

28、ther de-terioration of, a railroad passenger ter-minal; VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00961 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-952 4

29、9 CFR Ch. II (10110 Edition) 256.7 (2) The railroad passenger terminal is threatened with demolition, disman-tling, or further deterioration; (3) There is a reasonable likelihood that the railroad passenger terminal will be converted to or conditioned for reuse as an intermodal passenger ter-minal.

30、The primary use of the terminal shall be for intermodal purposes, but facilities for the provision of civic and cultural activities may be incorporated to the extent feasible. Such dual use of the terminal is particularly encour-aged when it is recommended by the Council or the Chairman. (4) Plannin

31、g activity aimed at con-version or reuse has commenced and is proceeding in a competent manner; (5) The expenditure of funds on such project would be in the manner most likely to maximize the preservation of railroad passenger terminals which are: (i) Reasonably capable of conversion to intermodal p

32、assenger terminals; (ii) Listed in the National Register; or (iii) Recommended on the basis of ar-chitectural integrity and quality by the Chairman or the Council; and (6) The applicant has provided the in-formation and documentation required by 256.11(d). (d) Planning funds. A project is eligi-ble

33、for financial assistance in accord-ance with subsection 4(i)(5) of the Act if the Administrator determines that: (1) The applicant is prepared to de-velop practicable plans meeting the zoning, land use, and other require-ments of the applicable State and local jurisdictions in which the rail pas-sen

34、ger terminal is located; (2) The applicant incorporates into its plans for the conversion of an his-toric terminal into an intermodal pas-senger terminal, features which appear reasonably likely to attract private in-vestors willing to finance the planned conversion and/or its subsequent main-tenanc

35、e and operation. The primary use of the terminal shall be for inter-modal purposes, but facilities for the provision of civic or cultural activities may be incorporated to the extent fea-sible. (3) The applicant will be able to com-plete the designs and plans for such conversion within two years fol

36、lowing the approval of the application for Fed-eral financial assistance; (4) The expenditure of funds on such project would be in the manner most likely to maximize the preservation of railroad passenger terminals which are listed in the National Register or rec-ommended on the basis of architectur

37、al integrity and quality by the Chairman or the Council; and (5) The applicant has provided the in-formation and documentation required under 256.11(e). 40 FR 29080, July 10, 1975, as amended at 43 FR 21887, May 22, 1978; 44 FR 21647, Apr. 11, 1979 256.7 Financial assistance. (a) Demonstration funds

38、. Federal fi-nancial assistance for the conversion of a railroad passenger terminal into an intermodal passenger terminal, under subsection 4(i)(2) of the Act, may be ex-pended for the following project costs incurred after the date of final project approval: (1) Acquisition or long-term lease of re

39、al property or other property inter-ests, including air rights, subterranean rights, or easements, where necessary for project implementation; (2) Final architectural and engineer-ing construction documentation, in-cluding all necessary plans, specifica-tions, detailed cost estimates, and im-plement

40、ation schedules; and (3) Construction, which may include, but is not limited to: (i) Complete rehabilitation and refur-bishment of the interior and exterior of the structure; (ii) Provision of necessary public service facilities; (iii) Structural modifications and minor additions necessary to permit

41、 the development of (A) improved rail passenger facilities, (B) intercity bus terminal and docking facilities, (C) adequate facilities for local mass tran-sit, and (D) parking and access for automobiles and bicycles; and (iv) Provisions for accommodating major tenants and concessionaires such as air

42、line ticket offices, rent-a-car of-fices, and other transportation service facilities. (b) Preservation funds. Federal finan-cial assistance under subsection 4(i)(3) of the Act, for the preservation of a VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00962 Fmt 8010 Sfmt 8010 Y:SGML220215

43、.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-953 Federal Railroad Administration, DOT 256.11 railroad passenger terminal which has a reasonable likelihood of being con-verted or otherwise maintained, ma

44、y be expended for costs incurred after the date of project approval which are nec-essary to maintain (and prevent the demolition, dismantling, or further de-terioration of) a railroad passenger ter-minal pending the completion of project planning, for a period not to ex-ceed five years. (c) Planning

45、 funds. Federal financial assistance granted under subsection 4(i)(5) of the Act for the development of plans for the conversion of a railroad passenger terminal into an intermodal passenger terminal, which may incor-porate civic and cultural activities where feasible, may be expended for the follow

46、ing project costs if incurred within two years after project ap-proval: (1) Cost of a study or studies to: (i) Assess the need for and the feasi-bility of converting an existing rail-road passenger terminal into an inter-modal passenger terminal which may incorporate civic and cultural activi-ties w

47、here feasible; (ii) Develop a fiscal plan and agree-ments for the plans implementation; and (iii)(A) Relate the project to other transportation priorities in the area; and (B) Evaluate alternate means of pro-viding needed intermodal passenger services within the community. (2) Costs of preparation o

48、f prelimi-nary architectural and engineering de-sign documents for the project, includ-ing: (i) Plans, sections, and sketches illus-trating the functional as well as pres-ervation aspects of the recommended development; (ii) Assessment of the condition of existing structural and utilities sys-tems a

49、nd requirements for their im-provement; (iii) Outline specifications and pre-liminary estimates of project costs; and (iv) Required environmental impact reviews and analyses. (d) Federal share. The Federal share of any project under this part shall not exceed 80 percent of the total allowable project costs. The non-Federal share may not be augmented by any Federal funds, directly or indirectly, unless the funds are provided through a Federal program which spec