49 CFR Part 1152 — Abandonment and Discontinuance of Rail Lines and Rail Transportation Under 49 U.S.C. 10903

PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 Authority: 11 U.S.C. 1170; 16 U.S.C. 1247(d) and 1248; 45 U.S.C. 744; and 49 U.S.C. 1301, 1321(a), 10502, 10903-10905, and 11161. Source: 61 FR 67883, Dec. 24, 1996, unless otherwise noted. Editorial Note: Nomenclature changes to part 1152 appear at 91 FR 4855, Feb. 3, 2026. Subpart A—General § 1152.1 Purpose and scope. (a) 49 U.S.C. 10903 et seq. (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. § 1152.2 Definitions. Unless otherwise provided in the text of the regulations, the following definitions apply in this part: (a) Account (b) Act (c) Base year (d) Board (e) Branch (f) Carrier (g) Designated state agency (h) Forecast Year (i) Form R-1 (j) Offeror (k) URCS (l) Significant user (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 abandonment or discontinuance application. (m) Subsidy year Subpart B—System Diagram § 1152.10 System diagram map. (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 (5) Black or dark blue shall designate those lines described in § 1152.10(b)(5). (d) The system diagram map shall also identify, and shall be drawn to a scale sufficient to depict clearly, the location of: (1) All state boundary lines; (2) Boundaries of every county in which is situated a rail line owned or operated by the carrier which is listed in categories 1 thru 4 (§ 1152.10(b)(1) thru (4)); (3) Every Standard Metropolitan Statistical Area (SMSA) any portion of which is located within 5 air miles of a rail line owned or operated by the carrier; and (4) Every city outside an SMSA which has a population of 5,000 or more persons (according to the latest published United States census reports) and which has any portion located within 5 air miles of a rail line owned or operated by the carrier. A series of interrelated maps may be used where the system serves a very large or congested area. An explanation of the interrelationship must be furnished. § 1152.11 Description of lines to accompany the system diagram map or information to be contained in the narrative. 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. § 1152.12 Filing and publication. (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 and each amended system diagram map or narrative as required in paragraph (a) of this section shall be deemed to be the date upon which the Board receives the affidavit required in this paragraph. (e) The Board shall require republication of the notice if it is found to be inadequate. [61 FR 67883, Dec. 24, 1996, as amended at 64 FR 53268, Oct. 1, 1999] § 1152.13 Amendment of the system diagram map or narrative. (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. § 1152.14 Availability of data. 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. § 1152.15 Reservation of jurisdiction. 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. 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. Link to an amendment published at 91 FR 53367, Aug. 18, 2026. (a) Filing and publication requirements. (1) Filing. (2) Service. (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. (4) Newspaper publication. (b) Time limits. (2) The Notice must be posted and fully published within the 30-day period prior to the filing of the application; and (3) The Notice must be filed with the Board either concurrently with service or when the Notice is first published (whichever occurs first). (c) Environmental and Historic Reports. [61 FR 67883, Dec. 24, 1996, as amended at 68 FR 67810, Dec. 4, 2003; 83 FR 15079, Apr. 9, 2018] § 1152.21 Form of notice. 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 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 also be filed within 45 days from the date of filing of the application. 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 must contain that party's entire case in opposition (case in chief) including the following: (1) Protestant's name, address and business. (2) A statement describing protestant's interest in the proceeding including: (i) A description of protestant's use of the line; (ii) If protestant does not use the line, information concerning the group or public interest it represents; and (iii) 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. (3) 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)]. (4) Any rebuttal of material submitted by applicant. In addition, a commenting party or protestant may provide a statement of position and evidence regarding: (i) Intent to offer financial assistance pursuant to 49 U.S.C. 10904; (ii) Environmental impact; (iii) Impact on rural and community development; (iv) Recommended provisions for protection of the interests of employees; (v) Suitability of the properties for other public purposes pursuant to 49 U.S.C. 10905; and (vi) Prospective use of the right-of-way for interim trail use and rail banking under 16 U.S.C. 1247(d) and § 1152.29. A protest may demonstrate that: (1) the protestant filed a feeder line application under 49 U.S.C. 10907; (2) the feeder line application involves any portion of the rail line involved in the abandonment or discontinuance application; (3) the feeder line application was filed prior to the date the abandonment or discontinuance application was filed; and (4) the feeder line application is pending before the Board. Written comments and protests will be considered by the Board in determining what disposition to make of the application. The commenting party or protestant may participate in the proceeding as its interests may appear. If an oral hearing is desired, the requester must make a request for an oral hearing and provide reasons why an oral hearing is necessary. Oral hearing requests must be filed with the Board no later than 10 days after the application is filed. Those parties filing protests to the proposed abandonment (or discontinuance) should be prepared to participate actively either in an oral hearing or through the submission of their entire opposition case in the form of verified statements and arguments at the time they file a protest. Parties seeking information concerning the filing of protests should refer to § 1152.25. Written comments and protests, including all requests for public use and trail use conditions, should indicate the proceeding designation STB No. AB ___ (Sub-No. ___) and must be filed with the Chief of Case Administration, Office of Chief Counsel, Surface Transportation Board, Washington, DC 20423-0001, no later than (insert the date 45 days after the date applicant intends to file its application). Interested persons may file a written comment or protest with the Board to become a party to this abandonment (or discontinuance) proceeding. A copy of each written comment or protest shall be served upon the representative of the applicant (insert name, address, and phone number). Every comment or protest shall be filed with the Board with a certificate of service. Except as otherwise set forth in part 1152, each document filed with the Board must be served on all parties to the abandonment proceeding. 49 CFR 1104.12(a). The line sought to be abandoned (or discontinued) will be available for subsidy or sale for continued rail use, if the Board decides to permit the abandonment (or discontinuance), in accordance with applicable laws and regulations (49 U.S.C. 10904 and 49 CFR 1152.27). No subsidy arrangement approved under 49 U.S.C. 10904 shall remain in effect for more than 1 year unless otherwise mutually agreed by the parties (49 U.S.C. 10904(f)(4)(B)). Applicant will promptly provide upon request to each interested party an estimate of the subsidy and minimum purchase price required to keep the line in operation. The carrier's representative to whom inquiries may be made concerning sale or subsidy terms is (insert name and business address). Persons seeking further information concerning abandonment procedures may contact the Surface Transportation Board or refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board's Office of Environmental Analysis. A copy of the application will be available for public inspection on or after (insert date abandonment application is to be filed with 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 (insert name, address, location, and business hours)]. The carrier shall furnish a copy of the application to any interested person proposing to file a protest or comment, upon request. An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by the Office of Environmental Analysis will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Any other persons who would like to obtain a copy of the EA (or EIS) may contact the Office of Environmental Analysis. EAs in these abandonment proceedings normally will be made available within 33 days of the filing of the application. The deadline for submission of comments on the EA will generally be within 30 days of its service. The comments received will be addressed in the Board's decision. A supplemental EA or EIS may be issued where appropriate. [75 FR 30712, June 2, 2010, as amended at 83 FR 15079, Apr. 9, 2018; 84 FR 12945, Apr. 3, 2019] § 1152.22 Contents of application. 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. (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 (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. (c) Service provided. (1) Number of trains operated and their frequency. (2) Miles of track operated (include main line and all railroad-owned sidings). (3) Average number of locomotive units operated. (4) Total tonnage and carloads by each commodity group on the line. (5) Overhead or bridge traffic by carload commodity group that will not be retained by the carrier. (6) Average crew size. (7) Level of maintenance. (8) Any important changes in train service undertaken in the 2 calendar years immediately preceding the filing of the application. (9) Reasons for decline in traffic, if any, in the best judgment of applicant. (d) Revenue and cost data. (2) The carrier shall compute an estimate of the future revenues attributable, avoidable costs and reasonable return on the value for the line to be abandoned, for the Forecast Year (as defined in § 1152.2(h)) in the form called for in Exhibit 1. The carrier shall fully support and document all dollar amounts shown in the Forecast Year column including an explanation of the rationale and key assumptions used to determine the Forecast Year amounts. (3) The carrier shall also compute an “Estimated Subsidy Payment” for the Base Year in the form called for in Exhibit 1 and an alternate payment to reflect: (i) Increases or decreases in attributable revenues and avoidable costs projected for the subsidy year; and (ii) An estimate, in reasonable detail, of the cash income tax reductions, Federal and state, to be realized in the subsidy year. The bases for the adjustment, e.g., rate increase, changes in traffic level, necessary maintenance to comply with minimum Federal Railroad Administration class 1 safety standards, shall be stated with particularity. (e) Rural and community impact. (2) Identification of significant users, as defined in § 1152.2(l), by name, address, principal commodity, and by tonnage and carloads for each of the 2 calendar years immediately preceding the filing of the abandonment or discontinuance application, for that part of the current year for which information is available, and for the Base Year. In addition, the total tonnage and carloads for each commodity group originating and/or terminating on the line segment shall also be shown for the same time periods as those of the significant users. (3) General description of the alternate sources of transportation service (rail, motor, water, air) available, and the highway network in the proximate area. (4) Statement of whether the properties proposed to be abandoned are appropriate for use for other public purposes, including roads or highways, other forms of mass transportation, conservation, energy production or transmission, or recreation. If the applicant is aware of any restriction on the title to the property, including any reversionary interest, which would affect the transfer of title or the use of property for other than rail purposes, this shall be disclosed. (f) Environmental impact. (g) Passenger service. et seq. (h) Additional information. (i) Draft Federal Register notice. Federal Register STB No. AB-____ (Sub-No. ____) Notice of Application to Abandon or to Discontinue Service On (insert date application was filed with the Board) (name of applicant) filed with the Surface Transportation Board, Washington, D.C. 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), 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) and traverses through ______ (ZIP Codes) United States Postal Service ZIP Codes. 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. The applicant's entire case for abandonment (or discontinuance) (case in chief) was filed with the application. This line of railroad has appeared on the applicant's system diagram map or has been included in its narrative in category 1 since (insert date). The interest of railroad employees will be protected by (specify the appropriate conditions). Any interested person may file with the Surface Transportation Board written comments concerning the proposed abandonment (or discontinuance) or protests (including the protestant's entire opposition case), within 45 days after the application is filed. 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 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 filed within 45 days after the application is filed. 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. In addition, a commenting party or protestant may provide: (i) An offer of financial assistance, pursuant to 49 U.S.C. 10904 (due 120 days after the application is filed or 10 days after the application is granted by the Board, whichever occurs sooner); (ii) Recommended provisions for protection of the interests of employees; (iii) A request for a public use condition under 49 U.S.C. 10905; and (iv) A statement pertaining to prospective use of the right-of-way for interim trail use and rail banking under 16 U.S.C. 1247(d) and § 1152.29. Parties seeking information concerning the filing of protests should refer to § 1152.25. Written comments and protests, including all requests for public use and trail use conditions, must indicate the proceeding designation STB No. AB __ (Sub-No. __) and should be filed with the Chief of Case Administration, Office of Chief Counsel, Surface Transportation Board (Board), Washington, DC 20423-0001, no later than (insert the date 45 days after the date applicant intends to file its application). Interested persons may file a written comment or protest with the Board to become a party to this abandonment (or discontinuance) proceeding. A copy of each written comment or protest shall be served upon the representative of the applicant (insert name, address, and phone number). Every comment or protest shall be filed with the Board with a certificate of service. Except as otherwise set forth in part 1152, every document filed with the Board must be served on all parties to the abandonment proceeding. 49 CFR 1104.12(a). The line sought to be abandoned (or discontinued) will be available for subsidy or sale for continued rail use, if the Board decides to permit the abandonment (or discontinuance), in accordance with applicable laws and regulations (49 U.S.C. 10904 and 49 CFR 1152.27). No subsidy arrangement approved under 49 U.S.C. 10904 shall remain in effect for more than 1 year unless otherwise mutually agreed by the parties (49 U.S.C. 10904(f)(4)(B)). Applicant will promptly provide upon request to each interested party an estimate of the subsidy and minimum purchase price required to keep the line in operation. The carrier's representative to whom inquiries may be made concerning sale or subsidy terms is (insert name and business address). Persons seeking further information concerning abandonment procedures may contact the Surface Transportation Board or refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board's Office of Environmental Analysis. An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by the Office of Environmental Analysis will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Any other persons who would like to obtain a copy of the EA (or EIS) may contact the Office of Environmental Analysis. EAs in these abandonment proceedings normally will be made available within 33 days of the filing of the application. The deadline for submission of comments on the EA will generally be within 30 days of its service. The comments received will be addressed in the Board's decision. A supplemental EA or EIS may be issued where appropriate. (j) Verification. Verification State of ______ ss. County of ______________ _________________ (Name of affiant) makes oath and says that (s)he is the ______ (title of affiant) of the ______ (name of applicant) applicant herein; that (s)he has been authorized by the applicant (or as appropriate, a court) to verify and file with the Surface Transportation Board the foregoing application in STB AB-__ (Sub-No. __); that (s)he has carefully examined all of the statements in the application as well as the exhibits attached thereto and made a part thereof; that (s)he has knowledge of the facts and matters relied upon in the application; and that all representations set forth therein are true and correct to the best of his(her) knowledge, information, and belief. (Signature) Subscribed and sworn to before me ______ in and for the State and County above named, this ______ day of __________, 19__. My Commission expires [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] § 1152.23 [Reserved] § 1152.24 Filing and service of application. (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 of subpart B of this part. (2) Upon the filing of an abandonment or discontinuance application, the Board will review the application and determine whether it conforms with all applicable regulations. If the application is substantially incomplete or its filing otherwise defective, the Board shall reject the application for stated reasons by order (which order will be administratively final) within 20 days from the date of filing of the application. If the Board does not reject the application, notice of the filing of the application shall be published in the Federal Register (3) If the application is rejected, a revised application may be submitted, and the Board will determine whether the resubmitted application conforms with all prescribed regulations. A properly revised application submitted within 60 days of the order rejecting the incomplete or improper application need not be subjected to new notice and publication under § 1152.20, unless the defect causing the rejection was in the notice and/or publication. A revised application submitted after such 60-day period must be newly published and noticed. (4) The resubmission of an abandonment or discontinuance application shall be considered a de novo filing for the purposes of computation of the time period for filing an offer of financial assistance under 49 U.S.C. 10904, and for other time periods prescribed in the regulations contained in this part (49 CFR part 1152), provided, that a resubmitted application is deemed complete and proper. (5) An applicant may seek waiver of specific regulations listed in subpart C of this part by filing a petition for waiver with the Board. A decision by the Chief Counsel granting or denying a waiver petition will be issued within 30 days of the date the petition is filed. Appeals from the Chief Counsel's decision will be decided by the entire Board. If waiver is not obtained prior to the filing of the application, the application may be subject to rejection under paragraphs (e) (1) and (2) of this section. (f) As provided in § 1152.29(e)(2), rail carriers authorized to abandon a line under 49 U.S.C. 10903 must file with the Board a notice that abandonment has been consummated. [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] § 1152.25 Participation in abandonment or discontinuance proceedings. (a) Public participation Protests and comments. (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) 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). (2) Additional information. (i) Intent to offer financial assistance under 49 U.S.C. 10904; (ii) Environmental impact; (iii) Impact on rural and community development; (iv) Recommended provisions for protection of the interests of employees; (v) A request for a public use condition under 49 U.S.C. 10905; and (vi) Prospective use of the right-of-way for interim trail use and rail banking under 16 U.S.C. 1247(d) and 49 CFR 1152.29. (3) Feeder line application for all or part of the line subject to the abandonment application. (i) The protestant filed a feeder line application under 49 U.S.C. 10907 (or former 49 U.S.C. 10910); (ii) The feeder line application involves any portion of the rail line involved in the abandonment or discontinuance application; (iii) The feeder line application was filed prior to the date the abandonment or discontinuance application was filed; and (iv) The feeder line application is pending before the Board. (b) Employee or employee representative participation. (c) Filing and service of written comments, protests, along with evidence and argument, and replies. (2) A copy of each written comment or protest shall be served on applicant or its representative at the time of filing with the Board. If the applicant carrier is in bankruptcy, each comment or protest shall also be filed on the Bankruptcy Court. Each filing shall contain a certificate of service. (3) Replies or rebuttal to written comments and protests shall be filed and served by applicants no later than 60 days after the filing of the application. (d) Time limits. (2) In computing any time period prescribed or allowed by this part, the day of the act, event, or default after which the designated period of time begins to run is not to be included. (3) Any filing under this part which falls due on a Saturday, Sunday, or a legal holiday in the District of Columbia, may be filed at the Board by the end of the next day which is neither a Saturday, Sunday, nor a holiday, except as indicated in paragraph (d)(4) of this section. A half holiday shall not be considered as a holiday. (4) Offers of financial assistance made pursuant to § 1152.27(c) must be filed on or before their statutory or regulatory due date as computed in paragraph (d)(2) of this section, regardless of whether that date is a Saturday, Sunday, or a legal holiday in the District of Columbia. (5) The Board will reject any pleading filed after its due date unless good cause is shown why the pleading is filed late. (6) Oral hearings. (ii) In addition to that contained in the application, the submission of written evidence prior to the commencement of the hearing shall be established by the Board. (iii) Post hearing legal briefs shall be due 10 days after the close of the oral hearing, or at an earlier date if established at the hearing by the hearing officer. (e) Appellate procedures Scope of rule. (i) Whether offers of financial assistance satisfy the standard of 49 U.S.C. 10904(d) for purposes of instituting negotiations or, in exemption proceedings, for purposes of partial revocation and instituting negotiations; (ii) Whether partially to revoke or to reopen abandonment exemptions authorized, respectively, under 49 U.S.C. 10502 and 49 CFR part 1152 subpart F for the purpose of imposing public use conditions under the criteria in 49 CFR 1152.28 and/or conditions limiting salvage of the rail properties for environmental and historic preservation purposes; and (iii) The applicability and administration of the Trails Act [16 U.S.C. 1247(d)] in abandonment proceedings under 49 U.S.C. 10903 (and abandonment exemption proceedings), issued pursuant to delegations of authority at 49 CFR 1011.7(a)(2)(iv) and (v), will be acted on by the entire Board as set forth at 49 CFR 1011.2(a)(7). Any appeals, and replies to appeals, under this section must be filed with the Board. (2) Appeals criteria. (i) Parties seeking further administrative action may file a petition to reopen the proceeding under paragraph (e)(4) of this section. If an abandonment or discontinuance is granted and a party wishes the Board to have the opportunity to consider a petition to reopen before the abandonment or discontinuance authorization becomes effective, it must file its petition within 15 days after the administratively final decision is served together with a request for a stay of effectiveness under paragraph (e)(7) of this section. If such a petition to reopen and stay request is received within that 15-day period, any replies to the petition to reopen must be filed no later than 25 days after the date the decision is served, and any reply to the stay request must reach the Board no later than 5 days after the stay request is filed. (ii) The Board will grant a petition to reopen only upon a showing that the action would be affected materially because of new evidence, changed circumstances, or material error. (3) Form. (4) Petitions to reopen administratively final actions. (5) Judicial review. (ii) If a petition seeking reopening is filed under this section, before or after a petition seeking judicial review is filed with the courts, the Board will act upon the petition after advising the court of its pendency unless action might interfere with the court's jurisdiction. (6) Petitions to vacate. (7) Petitions to stay. (ii) A petition to reopen an administratively final action may be accompanied by a petition for a stay of the effectiveness of the abandonment or discontinuance. As provided in paragraph (e)(2) of this section, a petition to reopen must be accompanied by a stay request if the party wishes the Board to have the opportunity to consider the petition to reopen before the abandonment or discontinuance authorization becomes final. (iii) A party may petition for a stay of the effectiveness of abandonment or discontinuance authorization pending a request for judicial review. The reasons for the desired relief shall be stated in the petition, and the petition shall be filed not less than 15 days prior to the effective date of the abandonment authorization. No reply need be filed. If a party elects to file a reply, the reply must reach the Board no later than 5 days after the petition is filed. [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] § 1152.26 Board determination under 49 U.S.C. 10903. (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. (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 to the application that are filed. In each such instance, the Board shall establish a reasonable period of time for filing responses to the application so that public input can be included in the Board's decision (Report) and so that the Board will be able to meet a deadline imposed or requested by the Bankruptcy Court. Because Board action on abandonment applications by bankrupt railroads is advisory only, no environmental filings or analysis is necessary. See 49 CFR 1105.5(c). [61 FR 67883, Dec. 24, 1996, as amended at 62 FR 34670, June 27, 1997] § 1152.27 Financial assistance procedures. (a) Provision of information. (1)(i) In an application or petition for exemption proceeding, (ii) In a class exemption proceeding, (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 Abandonment and discontinuance applications. Federal Register (2) Exemption proceedings. Federal Register Federal Register (ii) If a notice of exemption is filed under the class exemption, the Board will publish notice of the exemption in the Federal Register Federal Register Federal Register (c) Submission of financial assistance offer Abandonment and discontinuance applications and petitions for exemption Expression of intent to file offer. Federal Register Federal Register i.e., (ii) Preliminary financial responsibility. (iii) Service and filing. (A) An offer may be filed and served at any time after the filing of the abandonment or discontinuance application or petition for exemption. Once a decision is served granting an application or petition for exemption, however, the Board must be notified that an offer has previously been submitted. (B) An offer, or notification of a previously filed offer, must be filed and served no later than 10 days after service of the Board decision granting the application or petition for exemption. This filing and service is subject to the requirements of 49 CFR 1152.25 (d)(1), (d)(2), and (d)(4). (C) If, after a bona fide (iv) Contents of offer. (A) Identify the line, or the portion of the line, in question; (B) Demonstrate that the offeror is financially responsible; that is, that it has or within a reasonable time will have the financial resources to fulfill proposed contractual obligations. Examples of documentation the Board will accept as evidence of financial responsibility include income statements, balance sheets, letters of credit, profit and loss statements, account statements, financing commitments, and evidence of adequate insurance or ability to obtain adequate insurance. Examples of documentation the Board will not accept as evidence of financial responsibility include the ability to borrow money on credit cards and evidence of non-liquid assets an offeror intends to use as collateral. Governmental entities will be presumed to be financially responsible; (C) Explain the disparity between the offeror's purchase price or subsidy if it is less than the carrier's estimate under paragraph (a)(1) of this section, and explain how the offer of subsidy or purchase is calculated. (D) Demonstrate that the offeror has placed in escrow with a reputable financial institution funds equaling 10% of the preliminary financial responsibility amount calculated pursuant to paragraph (c)(1)(ii) of this section. Governmental entities are exempt from this requirement; (E) Demonstrate that there is a continued need for rail service on the line, or portion of the line, in question. Examples of evidence to be provided include: Evidence of a demonstrable commercial need for service (as reflected by support from shippers or receivers on the line or other evidence of an immediate and significant commercial need); evidence of community support for continued rail service; evidence that acquisition of freight operating rights would not interfere with current and planned transit services; and evidence that continued service is operationally feasible; (F) Identify the offeror and provide a mailing address, either business or personal, and other contact information including phone number and email address as available, for the offeror or a representative; (G) If the offeror is a legal entity, include the entity's full name, state of organization or incorporation, and a description of the ownership of the entity; and (H) If multiple parties seek to make a single offer of financial assistance, clearly identify which entity or individual will assume the common carrier obligation if the offer is successful, and clearly describe how the parties will allocate responsibility for financing the subsidy or purchase of the line and, if purchased, the operation of the line. (2) Class exemption proceedings Expression of intent to file offer. Federal Register Federal Register (ii) Service and filing. (A) An offer may be filed and served at any time after the filing of the notice of exemption. Once a notice of exemption is published in the Federal Register, (B) An offer, or notification of a previously filed offer, must be filed and served no later than 30 days after the Federal Register (C) If, after a bona fide Federal Register (D) Upon receipt of a formal expression of intent to file an offer under paragraph (c)(2)(i) of this section, the rail carrier applicant may advise the Board and the potential offeror that additional time is needed to develop the information required under paragraph (a) of this section. Applicant shall expressly indicate the amount of time it considers necessary (not to exceed 60 days) to develop and submit the required information to the potential offeror. For the duration of the time period so indicated by the applicant, the 30-day period for submitting offers of financial assistance under paragraph (c)(2) of this section shall be tolled without formal Board action. (iii) Contents of offer. (d) Access to documents. (e) Review of offers Abandonment and discontinuance applications. (2) Exemption proceedings. Federal Register (f) Agreement on financial assistance. (2) If the carrier and a person offering to purchase a line enter into a purchase agreement which will result in continued rail service, the Board will approve the transaction and dismiss the application for abandonment or discontinuance, or the petition for exemption or notice of exemption. Board approval is not required under 49 U.S.C. 10901, 10902, or 11323 for the parties to consummate the transaction or for the purchaser to institute service and operate as a railroad subject to 49 U.S.C. 10501(a). (g) Failure to reach agreement on financial assistance. (2) If no agreement is reached within 30 days after the offer of purchase or subsidy is made, and no request is made to the Board to set the conditions and amount of compensation under paragraph (g)(1) of this section, the Board will serve a decision vacating the prior decision, which postponed the effective date of the decision granting the application, the decision granting the exemption, or the notice of exemption and, which, if applicable, partially revoked either the decision granting the exemption or (in the case of a class exemption) the notice of exemption. The Board will issue the decision to vacate within 10 days of the due date for requesting the Board to set the conditions and amount of compensation, and the Board will make the decision to vacate effective on its date of service. (h) Request to establish conditions and compensation for financial assistance. (2) If the applicant receives multiple offers of financial assistance, requests to establish conditions and compensation will not be permitted before the applicant selects the offeror with whom it wishes to transact business. (See paragraph (l)(1) of this section.) (3) A party requesting the Board to establish conditions and compensation for financial assistance must, within the time period set forth in paragraph (h)(4) of this section, provide its case in chief, including reasons why its estimates are correct and the other negotiating party's estimates are incorrect, points of agreement and points of disagreement between the negotiating parties, and evidence substantiating these allegations. The offeror has the burden of proof as to all issues in dispute. (4) The offeror must submit all evidence and information supporting the terms it seeks within 30 days after the offer is made. The carrier's reply to this evidence and support for the terms it seeks are due within 35 days after the offer is made. No rebuttal evidence will be permitted and evidence and information submitted after these dates will be rejected. (5) If requested, the Board will determine the amount and terms of subsidy based on the avoidable cost of providing continued rail transportation, plus a reasonable return on the value of the line. Under 49 U.S.C. 10904(f)(4)(B), no subsidy arrangement approved under section 10904 shall remain in effect for more than one year unless mutually agreed by the parties. (6) If requested, the Board will determine the price and other terms of sale. The Board will not set a price below the fair market value of the line (including, unless otherwise agreed upon by the parties, all facilities on the line or portion necessary to provide effective transportation services). Fair market value equals constitutional minimum value which is the greater of the net liquidation value of the line or the going concern value of the line. The constitutional minimum value is computed without regard to labor protection costs. (7) Within 10 days of the service date of the Board's decision, the offeror must accept or reject the Board's terms and conditions with a written notification to the Board and all parties to the proceeding. If the offeror accepts the terms and conditions set by the Board, the Board's decision is binding on both parties. If the offeror withdraws its offer or does not accept the terms and conditions set by the Board with a timely written notification, the Board will serve, within 20 days after the service date of the Board decision setting the terms and conditions, a decision vacating the prior decision, which postponed the effective date of either the decision granting the application or exemption or the notice of exemption, and which, if applicable, partially revoked the exemption or (in the case of a class exemption) the notice of exemption (unless other offers are being considered under paragraph (l) of this section). The decision to vacate will be effective on its date of service. (i) Substitution of purchasers and disposition after sale. (i) The original offeror has guaranteed the financial responsibility of its affiliate; or (ii) The affiliate has demonstrated financial responsibility in its own right. (2) Except as provided in paragraph (i)(3) of this section, a purchaser under this section may not: (i) Transfer the line or discontinue service over the line prior to the end of the second year after consummation of the original sale under these provisions; or (ii) Transfer the line, except to the carrier from whom the line was purchased, prior to the end of the fifth year after consummation. (3) Paragraph (i)(2) of this section does not preclude a purchaser under this section from transferring the line to a corporate affiliate following the consummation of the original sale. Prior Board approval of the affiliate's acquisition and operation, however, is required under 49 U.S.C. 10901, 10902, or 11323. A corporate affiliate acquiring a line under this section is prohibited from discontinuing service over the line or transferring the line to a party that is not a corporate affiliate during the time periods prescribed in paragraph (i)(2) of this section. (j) Discontinuance of subsidy. (k) Default on agreement. (l) Multiple offers of financial assistance. Federal Register (i) File a written notification of its selection with the Board; and (ii) Serve a copy of the notification on all parties to the proceeding. (2)(i) Abandonment and discontinuance applications and petitions for exemption. (ii) Class exemption proceedings. Federal Register Federal Register Federal Register (3) If the Board has established the conditions and amount of compensation, and the original offer is withdrawn under paragraph (h)(7) of this section, any other offeror found to be financially responsible may accept the Board's decision within 20 days after the service date of the Board's decision setting terms and conditions. If the decision is accepted by another such offeror, the Board will require the applicant to accept the terms incorporated in the Board's decision. (m) Additional time for filing. (n) Special provisions for summary discontinuance and abandonment of lines not part of the Final System Plan. et seq., Federal Register Federal Register Federal Register Federal Register (2) Where a designated operator is being used, it shall be paid a reasonable management fee. If the parties cannot agree on this fee, it shall be four and one-half percent of the total annual revenues attributable to the branch. [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] § 1152.28 Public use procedures. (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 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 postponements. Jurisdiction to impose such conditions expires after 180 days from the effective date of the decision authorizing the abandonment or discontinuance. § 1152.29 Prospective use of rights-of-way for interim trail use and rail banking. (a) Contents of request for interim trail use. (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 levied or assessed against the right of way. The property, known as ________ (Name of Branch Line), extends from railroad milepost ________ near ________ (Station Name), to railroad milepost ______, near ________ (Station name), a distance of ______ miles in [County(ies), (State(s)]. The right-of-way is part of a line of railroad proposed for abandonment in Docket No. STB AB ________ (Sub-No. ________). A map of the property depicting the right-of-way is attached. ________ (Interim Trail Sponsor) acknowledges that use of the right-of-way is subject to the sponsor's continuing to meet its responsibilities described above and subject to possible future reconstruction and reactivation of the right-of-way for rail service. A copy of this statement is being served on the railroad(s) on the same date it is being served on the Board. (b) When to file. (i) In every proceeding where a Trails Act request is made, the Board will determine whether the Trails Act is applicable. (ii) If the Trails Act is not applicable because of failure to comply with paragraph (a) of this section, or is applicable but the carrier either does not intend to negotiate an agreement, or does not timely notify the Board of its intention to negotiate, a decision on the merits will be issued and no Certificate of Interim Trail Use or Abandonment (CITU) will be issued. If the carrier is willing to negotiate an agreement, and the public convenience and necessity permit abandonment, the Board will issue a CITU. (2) In exemption proceedings, a petition containing an interim trail use statement is due within 10 days after the date the notice of exemption is published in the Federal Register Federal Register (3) Late-filed trail use statements must be supported by a statement showing good cause for late filing. (c) Abandonment application proceedings. (i) The CITU will permit the railroad to discontinue service, cancel any applicable tariffs, and salvage track and material consistent with interim trail use and railbanking, as long as such actions are consistent with any other Board order, 30 days after the date the CITU is issued; and permit the railroad to fully abandon the line if no interim trail use agreement is reached within one year from the date on which the CITU is issued, subject to appropriate conditions, including labor protection and environmental matters. (ii) Parties may request a Board order to extend, for one-year periods, the interim trail use negotiation period. Up to three one-year extensions of the initial period may be granted if the trail sponsor and the railroad agree. Additional one-year extensions, beyond three extensions of the initial period, are not favored but may be granted if the trail sponsor and the railroad agree and extraordinary circumstances are shown. (2) The CITU will indicate that any interim trail use is subject to future restoration of rail service and to the sponsor's continuing to meet its responsibilities described in paragraph (a)(2) of this section. The CITU will also provide that, if an interim trail use agreement is reached (and thus interim trail use established), the parties shall file the notice described in paragraph (h) of this section. Additionally, the CITU will provide that if the sponsor intends to terminate interim trail use on all or any portion of the right-of-way covered by the interim trail use agreement, it must send the Board a copy of the CITU and request that it be vacated on a specified date. If a party requests that the CITU be vacated for only a portion of the right-of-way, the Board will issue an appropriate replacement CITU covering the remaining portion of the right-of-way subject to the interim trail use agreement. The Board will reopen the abandonment proceeding, vacate the CITU, and issue a decision permitting immediate abandonment for the involved portion of the right-of-way. Copies of the decision will be sent to: (i) The abandonment applicant; (ii) The owner of the right-of-way; and (iii) The current trail sponsor. (3) If an application to construct and operate a rail line over the right-of-way is authorized under 49 U.S.C. 10901 and part 1150 of this title, or exempted under 49 U.S.C. 10502, then the CITU will be vacated accordingly. (d) Abandonment exemption proceedings. (i) The NITU will permit the railroad to discontinue service, cancel any applicable tariffs, and salvage track and materials, consistent with interim trail use and railbanking, as long as such actions are consistent with any other Board order, 30 days after the date the NITU is issued; and permit the railroad to fully abandon the line if no interim trail use agreement is reached within one year from the date on which the NITU is issued, subject to appropriate conditions, including labor protection and environmental matters. (ii) Parties may request a Board order to extend, for one-year periods, the interim trail use negotiation period. Up to three one-year extensions of the initial period may be granted if the trail sponsor and railroad agree. Additional one-year extensions, beyond three extensions of the initial period, are not favored but may be granted if the trail sponsor and railroad agree and extraordinary circumstances are shown. (2) The NITU will indicate that interim trail use is subject to future restoration of rail service and to the sponsor's continuing to meet its responsibilities described in paragraph (a)(2) of this section. The NITU will also provide that, if an interim trail use agreement is reached (and thus interim trail use established), the parties shall file the notice described in paragraph (h) of this section. Additionally, the NITU will provide that if the sponsor intends to terminate interim trail use on all or any portion of the right-of-way covered by the interim trail use agreement, it must send the Board a copy of the NITU and request that it be vacated on a specific date. If a party requests that the NITU be vacated for only a portion of the right-of-way, the Board will issue an appropriate replacement NITU covering the remaining portion of the right-of-way subject to the interim trail use agreement. The Board will reopen the exemption proceeding, vacate the NITU, and issue a decision reinstating the exemption for that portion of the right-of-way. Copies of the decision will be sent to: (i) The abandonment exemption applicant; (ii) The owner of the right-of-way; and (iii) The current trail sponsor. (3) If an application to construct and operate a rail line over the right-of-way is authorized under 49 U.S.C. 10901 and part 1150 of this title, or exempted under 49 U.S.C. 10502, then the NITU will be vacated accordingly. (e) Late-filed requests; notices of consummation. (2) A railroad that receives authority from the Board to abandon a line (in a regulated abandonment proceeding under 49 U.S.C. 10903, or by individual or class exemption issued under 49 U.S.C. 10502) shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line (e.g., discontinued operations, salvaged the track, canceled tariffs, and intends that the property be removed from the interstate rail network). The notice shall provide the name of the STB proceeding and its docket number, a brief description of the line, and a statement that the railroad has consummated, or fully exercised, the abandonment authority on a certain date. The notice shall be filed within 1 year of the service date of the decision permitting the abandonment (assuming that the railroad intends to consummate the abandonment). Notices will be deemed conclusive on the point of consummation if there are no legal or regulatory barriers to consummation (such as outstanding conditions, including Trails Act conditions). If, after 1 year from the date of service of a decision permitting abandonment, consummation has not been effected by the railroad's filing of a notice of consummation, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. In that event, a new proceeding would have to be instituted if the railroad wants to abandon the line. Copies of the railroad's notice of consummation shall be filed with the Chief of Case Administration, Office of Chief Counsel. In addition, the notice of consummation shall be sent to the State Public Service Commission (or equivalent agency) of every state through which the line passes. If, however, any legal or regulatory barrier to consummation exists at the end of the 1-year time period, the notice of consummation must be filed not later than 60 days after satisfaction, expiration or removal of the legal or regulatory barrier. For good cause shown, a railroad may file a request for an extension of time to file a notice so long as it does so sufficiently in advance of the expiration of the deadline for notifying the Board of consummation to allow for timely processing. (f) Substitution of trail user. (i) A copy of the extant CITU or NITU; and (ii) A Statement of Willingness to Assume Financial Responsibility by the new trail user. (iii) An acknowledgement that interim trail use is subject to possible future reconstruction and reactivation of the right-of-way for rail service. (2) The parties shall indicate the date on which responsibility for the right-of-way is to transfer to the new trail user. The Board will reopen the abandonment or exemption proceeding, vacate the existing NITU or CITU; and issue an appropriate replacement NITU or CITU to the new trail user. (g) Consent after Board decision or notice. (h) Notice of interim trail use agreement reached. (1) The rail carrier that sought abandonment authorization; (2) The owner of the right-of-way; and (3) The current trail sponsor. [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] Subpart D—Standards for Determining Costs, Revenues, and Return on Value § 1152.30 General. (a) Contents of subpart. (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. (c) Final payment of financial assistance. (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 preapproved by the subsidizer, the adjusted amount shall be included in the final payment. [61 FR 67883, Dec. 24, 1996, as amended at 81 FR 8855, Feb. 23, 2016] § 1152.31 Revenue and income attributable to branch lines. 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. (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. (c) Chart for revenue accounts. Revenue account title Account No. Freight 101 Switching 104 Water transfers 105 Demurrage 106 Incidental 110 Joint facility-credit 121 Joint facility-debt 122 Revenues from property used in other than carrier operations, less expenses 506, 534 Miscellaneous rent income 510 Miscellaneous income 519 § 1152.32 Calculation of avoidable costs. 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. Operating expense group and accounts Account No. Basis of assignment to on-branch costs (a) Maintenance of way and structures: (1) Administration: Track: Salaries and wages 11-13-02 Actual. Materials 21-13-02 Do. Purchased services 41-13-02 Do. Other expenses 61-13-02 Do. Bridges and buildings Salaries and wages 11-13-03 Do. Materials 21-13-03 Do. Purchased services 41-13-03 Do. Other expenses 61-13-03 Do. Signals Salaries and wages 11-13-04 Do. Materials 21-13-04 Do. Purchased services 41-13-04 Do. Other expenses 61-13-04 Do. Communications Salaries and wages 11-13-05 Do. Materials 21-13-05 Do. Purchased services 41-13-05 Do. Other expenses 61-13-05 Do. Other Salaries and wages 11-13-06 Do. Materials 21-13-06 Do. Purchased services 41-13-06 Do. Other expenses 61-13-06 Do. (2) Repair maintenance and other roadway—running: Salaries and wages 11-11-10 Do. Materials 21-11-10 Do. Repairs by others—DR 39-11-10 Do. Repairs for others—CR 40-11-10 Do. Purchased services 41-11-10 Do. Other expenses 61-11-10 Do. Roadway—switching Salaries and wages 11-12-10 Do. Materials 21-12-10 Do. Repairs by others—DR 39-12-10 Do. Repairs for others—CR 40-12-10 Do. Purchased services 41-12-10 Do. Other expenses 61-12-10 Do. Tunnels and subways—running Salaries and wages 11-11-11 Do. Materials 21-11-11 Do. Repairs by others—DR 39-11-11 Do. Repairs for others—CR 40-11-11 Do. Purchased services 41-11-11 Do. Other expenses 61-11-11 Do. Tunnels and subways—switching Salaries and wages 11-12-11 Do. Materials 21-12-11 Do. Repairs by others—DR 39-12-11 Do. Repairs for others—CR 40-12-11 Do. Purchased services 41-12-11 Do. Other expenses 61-12-11 Do. Bridges and culverts—running Salaries and wages 11-11-12 Do. Materials 21-11-12 Do. Repairs by others—DR 39-11-12 Do. Repairs for others—CR 40-11-12 Do. Purchased services 41-11-12 Do. Other expenses 61-11-12 Do. Bridges and culverts—switching Salaries and wages 11-12-12 Do. Materials 21-12-12 Do. Repairs by others—DR 39-12-12 Do. Repairs for others—CR 40-12-12 Do. Purchased services 41-12-12 Do. Other expenses 61-12-12 Do. Ties—running—material 21-11-13 Do. Ties—switching—material 21-12-13 Do. Rails—running—material 21-11-14 Do. Rails—switching—material 21-12-14 Do. Other track material—running—material 21-11-15 Do. Other track material—switching—material 21-12-15 Do. Ballast—running—material 21-11-16 Do. Ballast—switching—material 21-12-16 Do. Track laying and surfacing—running Salaries and wages 11-11-17 Do. Materials 21-11-17 Do. Repairs by others—DR 39-11-17 Do. Repairs for others—CR 40-11-17 Do. Purchased services 41-11-17 Do. Other expenses 61-11-17 Do. Track laying and surfacing—switching Salaries and wages 11-12-17 Do. Materials 21-12-17 Do. Repairs by others—DR 39-12-17 Do. Repairs for others—CR 40-12-17 Do. Purchased services 41-12-17 Do. Other expenses 61-12-17 Do. Road property damaged—running Salaries and wages 11-11-48 Do. Materials 21-11-48 Do. Repairs by others—DR 39-11-48 Do. Repairs for others—CR 40-11-48 Do. Purchased services 41-11-48 Do. Other expenses 61-11-48 Do. Road property damaged—switching Salaries and wages 11-12-48 Do. Materials 21-12-48 Do. Repairs by others—DR 39-12-48 Do. Repairs for others—CR 40-12-48 Do. Purchased services 41-12-48 Do. Other Expenses 61-12-48 Do. Road property damaged—other Salaries and wages 1-13-48 Do. Materials 21-13-48 Do. Repairs by others—DR 39-13-48 Do. Repairs for others—CR 40-13-48 Do. Purchased services 41-13-48 Do. Other expenses 61-13-48 Do. Signals and interlockers—running Salaries and wages 11-11-19 Do. Materials 21-11-19 Do. Repairs by others—DR 39-11-19 Do. Repairs for others—CR 40-11-19 Do. Purchased services 41-11-19 Do. Other expenses 61-11-19 Do. Signals and interlockers—switching Salaries and wages 11-12-19 Do. Materials 21-12-19 Do. Repairs by others—DR 39-12-19 Do. Repairs for others—CR 40-12-19 Do. Purchased services 41-12-19 Do. Other expenses 61-12-19 Do. Communications systems Salaries and wages 11-13-20 Do. Materials 21-13-20 Do. Repairs by others—DR 39-13-20 Do. Repairs for others—CR 40-13-20 Do. Purchased services 41-13-20 Do. Other expenses 61-13-20 Do. Electric power systems Salaries and wages 11-13-21 Do. Materials 21-13-21 Do. Repairs by others—DR 39-13-21 Do. Repairs for others—CR 40-13-21 Do. Purchased services 41-13-21 Do. Other expenses 61-13-21 Do. Highway grade crossings—running Salaries and wages 11-11-22 Do. Materials 21-11-22 Do. Repairs by others—DR 39-11-22 Do. Repairs for others—CR 40-11-22 Do. Purchased services 41-11-22 Do. Other expenses 61-11-22 Do. Highway grade crossings—switching Salaries and wages 11-12-22 Do. Materials 21-12-22 Do. Repairs by others—DR 39-12-22 Do. Repairs for others—CR 40-12-22 Do. Purchased services 41-12-22 Do. Other expenses 61-12-22 Do. Station and office buildings Salaries and wages 11-13-23 Do. Materials 21-13-23 Do. Repairs by others—DR 39-13-23 Do. Repairs for others—CR 40-13-23 Do. Purchased services 41-13-23 Do. Other expenses 61-13-23 Do. Station buildings—locomotives Salaries and wages 11-13-24 Do. Materials 21-13-24 Do. Repairs by others—DR 39-13-24 Do. Repairs for others—CR 40-13-24 Do. Purchased services 41-13-24 Do. Other expenses 61-13-24 Do. Shop buildings—freight cars Salaries and wages 11-13-25 Do. Materials 21-13-25 Do. Repairs by others—DR 39-13-25 Do. Repairs for others—CR 40-13-25 Do. Purchased services 41-13-25 Do. Other expenses 61-13-25 Do. Shop buildings—other equipment Salaries and wages 11-13-26 Do. Materials 21-13-26 Do. Repairs by others—DR 39-13-26 Do. Repairs for others—CR 40-13-26 Do. Purchased services 41-13-26 Do. Other expenses 61-13-26 Do. Locomotive servicing facilities Salaries and wages 11-13-27 Do. Materials 21-13-27 Do. Repairs by others—DR 39-13-27 Do. Repairs for others—CR 40-13-27 Do. Purchased services 41-13-27 Do. Other expenses 61-13-27 Do. Miscellaneous buildings and structures Salaries and wages 11-13-28 Do. Materials 21-13-28 Do. Repairs by others—DR 39-13-28 Do. Repairs for others—CR 40-13-28 Do. Purchased services 41-13-28 Do. Other expenses 61-13-28 Do. Coal terminals Salaries and wages 11-13-29 Do. Materials 21-13-29 Do. Repairs by others—DR 39-13-29 Do. Repairs for others—CR 40-13-29 Do. Purchased services 41-13-29 Do. Other expenses 61-13-29 Do. Ore terminals Salaries and wages 11-13-30 Do. Materials 21-13-30 Do. Repairs by others—DR 39-13-30 Do. Repairs for others—CR 40-13-30 Do. Purchased services 41-13-30 Do. Other expenses 61-13-30 Do. TOFC/COFC terminals Salaries and wages 11-13-31 Do. Materials 21-13-31 Do. Repairs by others—DR 39-13-31 Do. Repairs for others—CR 40-13-31 Do. Purchased services 41-13-21 Do. Other expenses 61-13-31 Do. Other marine terminals Salaries and wages 11-13-32 Do. Materials 21-13-32 Do. Repairs by others—DR 39-13-32 Do. Repairs for others—CR 40-13-32 Do. Purchased services 41-13-32 Do. Other expenses 61-13-32 Do. Motor vehicle loading and distribution facilities Salaries and wages 11-13-33 Do. Materials 21-13-33 Do. Repairs by others—DR 39-13-33 Do. Repairs for others—CR 40-13-33 Do. Purchased services 41-13-33 Do. Other expenses 61-13-33 Do. Facilities for other specialized service operations Salaries and wages 11-13-35 Do. Materials 21-13-35 Do. Repairs by others—DR 39-13-35 Do. Repairs for others—CR 40-13-35 Do. Purchased services 41-13-35 Do. Other expenses 61-13-35 Do. Roadway machines Salaries and wages 11-13-36 Daily repair costs per GMA, for each type of machine used on the branch line sec. 1152.33(a)(1). Materials 21-13-36 Do. Repairs by others—DR 39-13-36 Do. Repairs for others—CR 40-13-36 Do. Purchased services 41-13-36 Do. Other expenses 61-13-36 Do. Small tools and supplies Other expenses 11-13-37 Assign supplies on the daily costs per GMA, for each type of machine used on the branch; small tool assign to maintenance of way 11- 11/12-10 through 17, and 48, sec. 1152.33(a)(2). Materials 21-13-37 Do. Repairs by others—DR 39-13-37 Do. Repairs for others—CR 40-13-37 Do. Purchased services 41-13-37 Do. Other expenses 61-13-37 Do. Snow removal Salaries and wages 11-13-38 Actual. Materials 21-13-38 Do. Repairs by others—DR 39-13-38 Do. Repairs for others—CR 40-13-38 Do. Purchased Services 41-13-38 Do. Other expenses 61-13-38 Do. Fringe benefits—running 12-11-00 11-11-XX, sec. 1152.33(a)(3)(i). Fringe benefits—switching 12-12-00 11-12-XX, sec. 1152.33(a)(3)(ii). Fringe benefits—other 12-13-00 11-13-XX, sec. 1152.33(a)(3)(iii). Casualties and insurance—running Other casualties 52-11-00 Actual. Insurance 53-11-00 Do. Casualties and insurance—switching Other casualties 52-12-00 Do. Insurance 53-12-00 Do. Lease rentals—debit—running 31-11-00 Do. Lease rentals—debit—switching 31-12-00 Do. Lease rentals—debit—other 31-13-00 Do. Lease rentals—credit—running 32-11-00 Do. Lease rentals—credit—switching 32-12-00 Do. Lease rentals—credit—other 32-13-00 Do. Joint facility rent—debit—running 33-11-00 Do. Joint facility rent—debit—switching 33-12-00 Do. Casualties and insurance—other Other casualties 52-13-00 Do. Insurance 53-13-00 Do. Joint facility—debit—other 33-13-00 Do. Joint facility rent—credit—running 34-11-00 Do. Joint facility rent—credit—switching 34-12-00 Do. Joint facility rent—credit—other 34-13-00 Do. Other rents—debit—running 35-11-00 Do. Other rents—debit—switching 35-12-00 Do. Other rents—debit—other 35-13-00 Do. Other rents—credit—running 36-11-00 Do. Other rents—credit—switching 36-12-00 Do. Other rents—credit—other 36-13-00 Do. Depreciation—running 62-11-00 Do. Depreciation—switching 62-12-00 Do. Depreciation—other 62-13-00 Do. Joint facility—debit—running 37-11-00 Do. Joint facility—debit—switching 37-12-00 Do. Joint facility—debit—other 37-13-00 Do. Joint facility—credit—running 38-11-00 Do. Joint facility—credit—switching 38-12-00 Do. Joint facility—credit—other 38-13-00 Do. Dismantling retired road property—running Salaries and wages 11-11-39 Do. Materials 21-11-39 Do. Purchased services 41-11-39 Do. Other expenses 61-11-39 Do. Dismantling retired road property—switching Salaries and wages 11-12-39 Do. Materials 21-12-39 Do. Purchased services 41-12-39 Do. Other expenses 61-12-39 Do. Dismantling retired road property—other Salaries and wages 11-13-39 Do. Materials 21-13-39 Do. Purchased services 41-13-39 Do. Other expenses 61-13-39 Do. Other—running Salaries and wages 11-11-99 Do. Materials 21-11-99 Do. Purchased services 41-11-99 Do. Other expenses 61-11-99 Do. Other—switching Salaries and wages 11-12-99 Do. Materials 21-12-99 Do. Purchased Services 41-12-99 Do. Other Expenses 61-12-99 Do. Other—other Salaries and wages 11-13-99 Do. Materials 21-13-99 Do. Purchased services 41-13-99 Do. Other expenses 61-13-99 Do. (b) Maintenance of equipment: (1) Locomotives: Administration Salaries and wages 11-21-01 Do. Materials 21-21-01 Do. Purchased services 41-21-01 Do. Other expenses 61-21-01 Do. Repairs and maintenance Salaries and wages 11-21-41 Road diesel and road electric locomotive gross ton miles. Yard diesel and yard electric locomotive unit hours, § 1152.33(b)(1). Materials 21-21-41 Do. Repairs by others—DR 39-21-41 Do. Repairs for others—CR 40-21-41 Do. Purchased services 41-21-41 Do. Other expenses 61-21-41 Do. Machinery repair Salaries and wages 11-21-40 Actual. Materials 21-21-40 Do. Repairs by others—DR 39-21-40 Do. Repairs for others—CR 40-21-40 Do. Purchased services 41-21-40 Do. Other expenses 61-21-40 Do. Equipment damaged Salaries and wages 11-21-48 Do. Materials 21-21-48 Do. Repairs by others—DR 39-21-48 Do. Repairs for others—CR 40-21-48 Do. Purchased services 41-21-48 Do. Other expenses 61-21-48 Do. Equipment damaged Fringe benefits 12-21-00 11-21-XX, sec. 1152.33(b)(3)(i). Other casualties and insurance Other casualties 52-21-00 Actual. Insurance 53-21-00 Do. Lease rentals—debit 31-21-00 Do. Lease rentals—credit 32-21-00 Do. Joint facility rent—debit 33-21-00 Do. Joint facility rent—credit 34-21-00 Do. Other rents—debit 35-21-00 Do. Other rents—credit 36-21-00 Do. Joint facility—debit 37-21-00 Do. Joint facility—credit 38-21-00 Do. Depreciation 62-21-00 All locomotives, locomotive unit hours, sec. 1152.33(b)(2). Dismantling retired property Salaries and wages 11-21-39 Actual. Materials 21-21-39 Do. Purchased services 41-21-39 Do. Other expenses 61-21-39 Do. Other Salaries and wages 11-21-99 Do. Materials 21-21-99 Do. Purchased services 41-21-99 Do. Other expenses 61-21-99 Do. (2) Freight cars: Administration: Salaries and wages 11-22-01 Do. Materials 21-22-01 Do. Purchased services 41-22-01 Do. Other expenses 61-22-01 Do. Machinery repair Salaries and wages 11-22-40 Do. Materials 21-22-40 Do. Repairs by others—DR 39-22-40 Do. Repairs for others—CR 40-22-40 Do. Purchased services 41-22-40 Do. Other expenses 61-22-40 Do. Equipment damage Salaries and wages 11-22-48 Do. Materials 21-22-48 Do. Repairs by others—DR 39-22-48 Do. Repairs for others—CR 40-22-48 Do. Purchased services 41-22-48 Do. Other expenses 61-22-48 Do. Fringe benefits 12-22-00 11-22-XX, sec. 1152.33-(b)(3)(iii). Other casualties and insurance Other casualties 52-22-00 Actual. Insurance 53-22-00 Do. Joint facility rent—DR 33-22-00 Do. Joint facility rent—CR 34-22-00 Do. Joint facility—DR 37-22-00 Do. Joint facility—CR 38-22-00 Do. Dismantling retired property Salaries and wages 11-22-39 Do. Materials 21-22-39 Do. Purchased services 41-22-39 Do. Other expenses 61-22-39 Do. Other Salaries and wages 11-22-99 Do. Materials 21-22-99 Do. Purchased services 41-22-99 Do. Other expenses 61-22-99 Do. Freight car costs per day and per mile: Repair and maintenance Salaries and wages 11-22-42 These accounts are used to develop the cost per car day and per car mile for each type of car, sec. 1152.32(g). Materials 21-22-42 Do. Repairs by others—DR 39-22-42 Do. Repairs for others—CR 40-22-42 Do. Purchased services 41-22-42 Do. Other expenses 61-22-42 Do. Lease rentals—DR 31-22-00 Lease rentals—CR 32-22-00 Depreciation 62-22-00 Other rents—DR 35-22-00 Other rents—CR 36-22-00 (3) Other equipment: Administration Salaries and wages 11-23-01 Actual. Materials 21-23-01 Do. Purchased services 41-23-01 Do. Other expenses 61-23-01 Do. Repair and maintenance: Trucks, trailers and containers—revenue service Salaries and wages 11-23-43 Do. Materials 21-23-43 Do. Repairs by others—DR 39-23-43 Do. Repairs for others—CR 40-23-43 Do. Purchased services 41-23-43 Do. Other expenses 61-23-43 Do. Floating equipment—revenue service Salaries and wages 11-23-44 Do. Materials 21-23-44 Do. Repairs by others—DR 39-23-44 Do. Repairs for others—CR 40-23-44 Do. Purchased services 41-23-44 Do. Other expenses 61-23-44 Do. Computer and data processing Salaries and wages 11-23-46 Do. Materials 21-23-46 Do. Repairs by others—DR 39-23-46 Do. Repairs for others—CR 40-23-46 Do. Purchased services 41-23-46 Do. Other expenses 61-23-46 Do. Machinery Salaries and wages 11-23-40 Do. Materials 21-23-40 Do. Repairs by others—DR 39-23-40 Do. Repairs for others—CR 40-23-40 Do. Purchased services 41-23-40 Do. Other expenses 61-23-40 Do. Work and other non revenue equipment Salaries and wages 11-23-47 Do. Materials 21-23-47 Do. Repairs by others—DR 39-23-47 Do. Repairs for others—CR 40-23-47 Do. Purchased services 41-23-47 Do. Other expenses 61-23-47 Do. Equipment damaged Salaries and wages 11-23-48 Do. Materials 21-23-48 Do. Repairs by others—DR 39-23-48 Do. Repairs for others—CR 40-23-38 Do. Purchased services 41-23-48 Do. Other expenses 61-23-48 Do. Equipment damaged Fringe benefits 12-23-00 11-23-XX, sec. 1152.33(b)(3)(ii). Other casualties and insurance Other casualties 52-23-00 Actual. Insurance 53-23-00 Do. Lease rentals—DR 31-23-00 Do. Lease rentals—CR 32-23-00 Do. Joint facility rent—DR 33-23-00 Do. Joint facility rent—CR 34-23-00 Do. Other rents—DR 35-23-00 Do. Other rents—CR 36-23-00 Do. Depreciation 62-23-00 Do. Joint facility—DR 37-23-00 Do. Joint facility—CR 38-23-00 Do. Dismantling retired property Salaries and wages 11-23-39 Do. Materials 21-23-39 Do. Purchased services 41-23-39 Do. Other expenses 61-23-39 Do. Other Salaries and wages 11-23-99 Do. Materials 21-23-99 Do. Purchased services 41-23-99 Do. Other expenses 61-23-99 Do. (c) Transportation: (1) Train operations: Administration: Salaries and wages 11-31-01 Do. Materials 21-31-01 Do. Purchased services 41-31-01 Do. Other expenses 61-31-01 Do. Engine crews Salaries and wages 11-31-56 Do. Materials 21-31-56 Train hours, sec. 1152.33(c)(1)(i). Purchased services 41-31-56 Actual. Other expenses 61-31-56 Do. Train crews Salaries and wages 11-31-57 Do. Materials 21-31-57 Train hours, sec. 1152.33(c)(1)(i). Purchased services 41-31-57 Actual. Other expenses 61-31-57 Do. Dispatching trains Salaries and wages 11-31-58 Do. Materials 21-31-58 Do. Purchased services 41-31-58 Do. Other expenses 61-31-58 Do. Operating signals and interlockers Salaries and wages 11-31-59 Do. Materials 21-31-59 Do. Purchased services 41-31-59 Do. Other expenses 61-31-59 Do. Operating drawbridges Salaries and wages 11-31-60 Do. Materials 21-31-60 Do. Purchased services 41-31-60 Do. Other expenses 61-31-60 Do. Highway crossing protection Salaries and wages 11-31-61 Do. Materials 21-31-61 Do. Purchased services 41-31-61 Do. Other expenses 61-31-61 Do. Train and inspection and lubrication Salaries and wages 11-31-62 Train hours, Sec. 1152.33(c)(1)(i). Materials 21-31-62 Do. Purchased services 41-31-62 Actual. Other expenses 61-31-62 Do. Locomotive fuel Salaries and wages 11-31-67 Diesel locomotive unit hours, Sec. 1152.33(c)(1)(ii). Materials 21-31-67 Do. Purchased services 41-31-67 Do. Other expenses 61-31-67 Do. Electric power purchased or produced for motive power Salaries and wages 11-31-68 Electric locomotive unit hours, sec. 1152.33(c)(1)(iii). Materials 21-31-68 Do. Purchased services 41-31-68 Do. Other expenses 61-31-68 Do. Servicing locomotives Salaries and wages 11-31-69 Locomotive unit miles, sec. 1152.33(c)(1)(iv). Materials 21-31-69 Do. Purchased services 41-31-69 Do. Other expenses 61-31-69 Do. Freight lost or damaged—solely related 51-31-00 Actual. Clearing wrecks Salaries and wages 11-31-63 Do. Materials 21-31-63 Do. Purchased services 41-31-63 Do. Other expenses 61-31-63 Do. Fringe benefits 12-31-00 11-31-XX, sec. 1152.33 (c)(4)(i). Other casualties and insurance Other casualties 52-31-00 Actual. Insurance 53-31-00 Do. Joint facility—DR 37-31-00 Do. Joint facility—CR 38-31-00 Do. Other Salaries and wages 11-31-99 Do. Materials 21-31-99 Do. Purchased services 41-31-99 Do. Other expenses 61-31-99 Do. (2) Yard operations: Administration: Salaries and wages 11-32-01 Do. Materials 21-32-01 Do. Purchased services 41-32-01 Do. Other expenses 61-32-01 Do. Switch crews Salaries and wages 11-32-64 Do. Materials 21-32-64 Locomotive unit hours, sec. 1152.33(c)(2)(i) Purchased services 41-32-64 Actual. Other expenses 61-32-64 Do. Controlling operations Salaries and wages 11-32-65 Do. Materials 21-32-65 Do. Purchased services 41-32-65 Do. Other expenses 61-32-65 Do. Yard and terminal clerical Salaries and wages 11-32-66 Do. Materials 21-32-66 Do. Purchased services 41-32-66 Do. Other expenses 61-32-66 Do. Operating switches, signals, retarders and humps Salaries and wages 11-32-59 Do. Materials 21-32-59 Do. Purchased services 41-32-59 Do. Other expenses 61-32-59 Do. Locomotive fuel Salaries and wages 11-32-67 Dieselloco motive unit hours, sec. 1152.33(c)(2)(ii) Materials 21-32-67 Do. Purchased services 41-32-67 Do. Other expenses 61-32-67 Do. Electric power purchased or produced for motive power Salaries and wages 11-32-68 Electric locomotive unit hours, sec. 1152.33(c)(2)(iii). Materials 21-32-68 Do. Purchased services 41-32-68 Do. Other expenses 61-32-68 Do. Servicing locomotives Salaries and wages 11-32-69 Locomotive unit hours, sec. 1152.33(c)(2)(i). Materials 21-32-69 Do. Purchased services 41-32-69 Do. Other expenses 61-32-69 Do. Freight lost or damaged—solely related 51-32-00 Actual. Clearing wrecks Salaries and wages 11-32-63 Do. Materials 21-32-63 Do. Purchased services 41-32-63 Do. Other expenses 61-32-63 Do. Fringe benefits 12-32-00 11-32-XX, sec. 1152.33(c)(4)(ii). Other casualties and insurance Other casualties 52-32-00 Actual. Insurance 53-32-00 Do. Joint facility—DR 37-32-00 Do. Joint facility—CR 38-32-00 Do. Other Salaries and wages 11-32-99 Do. Materials 21-32-99 Do. Purchased services 41-32-99 Do. Other expenses 61-32-99 Do. (3) Train and yard operations common: Cleaning car interiors Salaries and wages 11-33-70 Do. Materials 21-33-70 Do. Purchased services 41-33-70 Do. Adjusting and transferring loads Salaries and wages 11-33-71 Do. Materials 21-33-71 Do. Purchased services 41-33-71 Do. Carloading devices and grain doors Salaries and wages 11-33-72 Do. Materials 21-33-72 Do. Purchased services 41-33-72 Do. Freight lost or damaged—all other 51-33-00 Do. Fringe benefits 12-33-00 11-33-XX, sec. 1152.33(c)(4)(iii). (4) Specialized service operations: Administration: Salaries and wages 11-34-01 Actual. Materials 21-34-01 Do. Purchased services 41-34-01 Do. Other expenses 61-34-01 Do. Pick-up and delivery, marine line haul, and rail substitute service Salaries and wages 11-34-73 Do. Materials 21-34-73 Do. Purchased services 41-34-73 Do. Other expenses 61-34-73 Do. Loading and unloading and local marine Salaries and wages 11-34-74 Do. Materials 21-34-74 Do. Purchased services 41-34-74 Do. Other expenses 61-34-74 Do. Protective services Salaries and wages 11-34-75 Do. Materials 21-34-75 Do. Purchased services 41-34-75 Do. Other expenses 61-34-75 Do. Freight lost or damaged—Solely related 51-34-00 Do. Fringe benefits 12-34-00 11-34-XX, sec. 1152.33(c)(4)(iv). Casualties and insurance Other casualties 52-34-00 Actual. Insurance 53-34-00 Do. Joint facility—DR 37-34-00 Do. Joint facility—CR 38-34-00 Do. Other Salaries and wages 11-34-99 Do. Materials 21-34-99 Do. Purchased services 41-34-99 Do. Other expenses 61-34-99 Do. (5) Administrative support operations: Administration : Salaries and wages 11-35-01 Do. Materials 21-35-01 Do. Purchased services 41-35-01 Do. Other expenses 61-35-01 Do. Employees performing clerical and accounting functions Salaries and wages 11-35-76 Do. Materials 21-35-76 Do. Purchased services 41-35-76 Do. Other expenses 61-35-76 Do. Communication systems operation Salaries and wages 11-35-77 Do. Materials 21-35-77 Do. Purchased services 41-35-77 Do. Other expenses 61-35-77 Do. Loss and damage claims processing Salaries and wages 11-35-78 Number of claims, sec. 1152.33(c)(3)(i). Materials 21-35-78 Do. Purchased services 41-35-78 Do. Other expenses 61-35-78 Do. Fringe benefits 12-35-00 11-35-XX. sec. 1152.33(c)(4)(v). Joint facility—DR 37-35-00 Actual. Joint facility—CR 38-35-00 Do. Casualties and insurance Other casualties 52-35-00 Do. Insurance 53-35-00 Do. Other Salaries and wages 11-35-99 Do. Materials 21-35-99 Do. Purchased services 41-35-99 Do. Other expenses 61-35-99 Do. (d) General Administrative Officers—general administration: Salaries and wages 11-61-01 Do. Materials 21-61-01 Do. Purchased services 41-61-01 Do. Other expenses 61-61-01 Do. Accounting, auditing and finance Salaries and wages 11-61-86 Do. Materials 21-61-86 Do. Purchased services 41-61-86 Do. Other expenses 61-61-86 Do. Management services and data processing Salaries and wages 11-61-87 Do. Materials 21-61-87 Do. Purchased services 41-61-87 Do. Other expenses 61-61-87 Do. Marketing: Salaries and wages 11-61-88 Do. Materials 21-61-88 Do. Purchased services 41-61-88 Do. Other expenses 61-61-88 Do. Sales Salaries and wages 11-61-89 Do. Materials 21-61-89 Do. Purchased services 41-61-89 Do. Other expenses 61-61-89 Do. Industrial development Salaries and wages 11-61-90 Do. Materials 21-61-90 Do. Purchased services 41-61-90 Do. Other expenses 61-61-90 Do. Personnel and labor relations Salaries and wages 11-61-91 Do. Materials 21-61-91 Do. Purchased services 41-61-91 Do. Other expenses 61-61-91 Do. Legal and secretarial Salaries and wages 11-61-92 Do. Materials 21-61-92 Do. Purchased services 41-61-92 Do. Other expenses 61-61-92 Do. Public relations and advertising Salaries and wages 11-61-93 Do. Materials 21-61-93 Do. Purchased services 41-61-93 Do. Other expenses 61-61-93 Do. Research and development Salaries and wages 11-61-94 Do. Materials 21-61-94 Do. Purchased services 41-61-94 Do. Other expenses 61-61-94 Do. Fringe benefits 12-61-00 11-61-XX, sec. 1152.33(d)(1). Casualties and insurance Other casualties 52-61-00 Actual Insurance 53-61-00 Do. Writedown of uncollectible accounts 63-61-00 Do. Other taxes except on corporate income or payroll 65-61-00 Do. Joint facility—DR 37-61-00 Do. Joint facility—CR 38-61-00 Do. Other Salaries and wages 11-61-99 Do. Materials 21-61-99 Do. Purchased services 41-61-99 Do. Other expenses 61-61-99 Do. (e) Deadheading, taxi, and hotel costs. (f) Overhead movement costs. (g) Freight car costs. Car Service Compensation—Basic Per Diem Charges, Operating expense group—Repair and maintenance Account No. Salaries and wages 11-22-42 Materials 21-22-42 Repairs by others—DR 39-22-42 Repairs for others—CR 40-22-42 Purchased services 41-22-42 Other expenses 61-22-42 Lease rentals—DR 31-22-00 Lease rentals—CR 32-22-00 Depreciation Other rents—DR 35-22-00 Other rents—CR 36-22-00 The system total of the repair and maintenance accounts, all accounts designated XX-XX-42, and depreciation shall be divided into time-related costs and mileage-related costs on the basis of 50 percent time and 50 percent mileage for repairs, and 60 percent time and 40 percent mileage for depreciation. Freight car costs shall not include depreciation as determined in Account No. 62-22-00. Freight car depreciation shall be calculated in the manner set forth in paragraph (g)(3)(i) of this section. The system total receipts and payments for the hire of time-mileage cars, and the basic data used in the development of the car-day and car-mile factors, shall be taken from the carrier's latest Form R-1 and company records. The specific steps to complete the calculation are as follows: (1) The total system car days by car type shall be calculated by: (i) Averaging the carrier's freight car ownership at the beginning and end of the year (Form R-1, schedule 710, columns (b) and (k); (ii) Multiplying the average by the standard active number of car days (346) as developed in ICC Docket No. 31358; (iii) Subtracting car days on foreign lines (source: Company records); and (iv) Adding the foreign car days on home line (source: Company records). This procedure shall be followed for each car type specified in Ex Parte No. 334, supra. (2) The total railroad car miles shall be calculated by adding the loaded car miles for the railroad owned and leased cars (R-1, Schedule 755) to empty car miles for the railroad owned or leased cars (R-1, Schedule 755). The total car miles, loaded and empty, shall be calculated for each car type specified in Ex Parte No. 334, supra. (3) The cost per car day shall be calculated for each type of time-mileage car by adding 50 percent of total freight car repair costs for each type (Form R-1, schedule 415, column (b)), and 60 percent of the depreciation shall be developed as follows: (i) The current value for each type of car shall be calculated by first arriving at the current cost per car using the most recent purchase of this type by the railroad indexed to the midpoint of the year or a price quote from the manufacturer. This unit price shall be applied to the average number of this type of car owned by the carrier during the year. The current value developed for each car type is then multiplied by the composite depreciation rate for that type of car as shown in the latest annual report filed with the Board or company records. (ii) Add 100 percent of the return on investment. Return on investment shall be determined by multiplying the current value of each type of car, developed in paragraph (g)(3)(i) of this section, by 1 minus the ratio of accumulated depreciation to the total original cost investment. This will determine the net current value for each type of car. The net current value for each type of car shall then be multiplied by the nominal rate of return calculated in § 1152.34(d) to obtain nominal return on investment for each type of car. The total return on investment shall then be calculated by deducting the projected holding gain (loss) for the forecast and/or subsidy year from the nominal return on investment for each type of car. In any instance where the holding gain is not specifically determined for freight cars, the Gross Domestic Product deflator calculated by the U.S. Department of Commerce shall be used. The total return on investment for each type of car shall then be divided by total car-days for each car-type developed in paragraph (g)(1) of this section. (iii) To the amounts for repairs and depreciation, add the time portion of the railroad's payment for hire of time-mileage freight cars (Form R-1, schedule 414, column (g)), and subtract the time portion of the railroad's receipts for hire of time mileage freight cars (Form R-1, schedule 414, column (d)). The total of these costs is divided by the total car days for each type developed in paragraph (g)(1) of this section. (4) The cost per mile shall be calculated for each type of time-mileage car as follows. First, add: (i) 50 percent of the total freight train car repair cost for each car type (Form R-1, schedule 415, column (b)); (ii) 40 percent of the total depreciation costs for each car type developed in paragraph (g)(3)(i) of this section; and (iii) The mileage portion of the carrier's payments for the hire of time-mileage freight cars (Form R-1, schedule 414, column (f)). Second, subtract the mileage portion of the carrier's receipts for hire of time-mileage freight cars (Form R-1, schedule 414, column (c)). Finally, divide the result by the total car-miles for each car-type developed in paragraph (g)(2) of this section. (5) The costs per car day and per car mile developed in paragraphs (g) (3) and (4) of this section shall be applied to the total car days and total car miles for each car type accumulated on the line segment for all traffic originated and/or terminated on the segment plus those freight cars that bridge the line segment which are attributed to time-mileage freight train cars. The on-segment costs for freight cars rented on a straight mileage basis shall be the railroad's total payments for mileage cars (Form R-1, schedule 414, column (e)) for each car type divided by the total miles on which the charges were based. (6) For Class II and III railroads, the on-segment costs for time-mileage and straight mileage freight cars shall be calculated in the same manner prescribed for Class I railroads, using the latest data available. (h) Return on investment—locomotive line (1) The current replacement cost for each type of locomotive used to serve the line segment shall be based on the most recent purchase of that particular type and size locomotive by the carrier, indexed to the midpoint of the forecast and/or subsidy year, or on an amount quoted by the manufacturer. The amount must be substantiated. This unit cost shall be multiplied by 1 minus the ratio of total accumulated depreciation to original total cost of that type of equipment owned by applicant-carrier, as shown by company records. (2) The current nominal cost of capital shall be used in the calculation of return on investment for locomotives and shall be calculated as provided in § 1152.34(d). (3) The return on investment for each category or type of locomotive shall be the nominal return less the holding gain (loss). The nominal return is calculated by multiplying the replacement cost determined in paragraph (h)(1) of this section by the nominal rate of return determined in paragraph (h)(2) of this section. The holding gain (loss) shall be the gain (loss) projected to occur during the forecast and/or subsidy year. In any instance where the holding gain is not specifically determined for locomotives, the Gross Domestic Product deflator calculated by the U.S. Department of Commerce shall be used. (4) The return on investment for each type of locomotive shall be assigned to the line segment on a ratio of the locomotive unit hours on the segment to average locomotive unit hours per unit for each type of locomotive in the system. This ratio will be developed as follows: (i) The carrier shall keep and maintain records of the number of hours that each type of locomotive incurred in serving the segment during the subsidy period. (ii) The railroad shall develop the system average locomotive unit hours per unit for each of the following types of locomotives; yard diesel; yard-other; road diesel; and road-other. (iii) The ratio applied to the return on investment is calculated by dividing the hours that each type or class of locomotive is used to serve the segment, as developed in paragraph (h)(4)(i) of this section, by the system average locomotive unit hours per unit for the applicable type developed in paragraph (h)(4)(ii) of this section. (5) The cost assigned to the segment for each type of locomotive shall be calculated by multiplying the annual return on investment developed in paragraph (h)(3) of this section by the ratio(s) developed in paragraph (h)(4) of this section. (i) Revenue taxes. (j) Property taxes Line (2) In states where a true ad valorem (3) In states where the ad valorem (4) Any property tax properly substantiated under paragraphs (j)(2) or (3) of this section shall be presumed to represent systemwide savings to the carrier. Protestants may rebut this presumption by presenting evidence: (i) That property taxes in those states where the carrier operates that are not involved in the abandonment will increase significantly because of reassessments attributable to the abandonment; or (ii) That a significantly higher property tax will be levied against a retained portion of the abandoned property. If applicant does not refute protestant's evidence, it may claim avoidable property taxes only if, and to the extent, it proves systemwide property tax savings. (5) In states where real property taxes are assessed and levied against the owner of the property but the tax on rolling stock is assessed to the railroad operating the service on the basis of a formula of a statewide valuation of property, the tax on rolling stock attributable to each line segment shall be determined as follows: (i) Using ratio of the cost of equipment (as used in the formula) to the total of all property costs (as used in formula); (ii) Apply that ratio to the total state assessment to determine the portion of the assessment attributable to rolling stock; (iii) Allocate the rolling stock assessment thus determined to each line segment on the basis of car and locomotive unit miles on the segment to total car and locomotive unit miles in the state; and (iv) Apply the appropriate tax rate or rates to the allocated assessment thus determined. (k) Administrative costs. (l) Casualty reserve account. (m) Rehabilitation. (i) The cost to attain the lowest operationally feasible track level; (ii) The cost to attain the rehabilitation level resulting in the lowest operating and rehabilitation expenditures; or (iii) The cost to attain the rehabilitation level resulting in the lowest loss, or highest profit, from operations. (2) For subsidy purposes rehabilitation costs shall not be included unless: (i) The track fails to meet minimum Federal Railroad Administrative class 1 safety standards (49 CFR part 213), in which case the railroad will furnish, with the abandonment application, a detailed estimate of the costs to rehabilitate the track to the minimum level; or (ii) The potential subsidizer requests a level of service which requires expenditures for rehabilitation. (n) Off-branch costs. (1) Terminal costs, line-haul costs, interchange costs, and modified terminal costs shall be considered as the off-branch avoidable costs of providing service over the remainder of the railroad's system. These costs shall be computed by applying the variable unit costs to the service units attributed to the branch line's traffic for the time periods specified in § 1152.22(d) of this part. (2) The procedure for determining the off-branch costs shall be based upon the URCS cost formula. This formula shall be applied to the latest Annual Report Form R-1 filed by the railroad, with two exceptions. First, the amount used in the formula for freight car depreciation shall be calculated using the procedure discussed in paragraph (g)(3)(iii) of this section applied to the average total car fleet of the railroad. Second, the return on investment in freight cars shall be computed using the procedure set forth in paragraph (g)(3)(ii) of this section. In addition, the application of URCS shall include the use of the nominal cost of capital for all return on investment determinations. (3) The Class I Procedure: (i) The unit costs developed by applying URCS in the manner specified in paragraph (n)(2) of this section shall be applied to the service characteristics of each movement of traffic that is attributed to the branch line. This application shall result in the total off-branch cost associated with this traffic for normal terminal handlings, line-haul mileage, and interchange events. (ii) The modified terminal cost per carload shall be calculated separately for each type of freight car and applied to each car that is attributed to the branch line. The modified terminal cost shall consist of clerical costs, two days of freight car cost, and an inter-intra train switching cost (locomotive engine minute cost only). The clerical cost and inter-intra train switching cost shall be calculated from unit costs developed within the individual URCS application. (A) The unit costs for the clerical cost per carload calculation are located in URCS Worktable E1, Part 1: Line 106, columns 1, 2, and 3; line 107, column 1; line 108, column 1; line 109, column 1; and line 110, column 1. (B) The inter-intra train switching cost shall be calculated by multiplying the total switch engine minute cost from URCS Worktable E1, Part 1, line 111, columns 1, 2, and 3 by the total minutes specified in the next sentence. The total minutes specified in this sentence shall equal the sum of: ( 1 ( 2 (C) The freight car cost shall be the car ownership costs per car day for 2 days developed in accordance with the procedures set forth in paragraph (g)(3) of this section for the type of freight car being costed. (iii) For a Class I railroad, the total costs calculated using the procedures set forth in paragraphs (n)(3)(i) and (n)(3)(ii) of this section shall constitute the off-branch costs attributable to the branch line's traffic. (4) A Class II or Class III railroad shall calculate its off-branch costs using any one of three different procedures. The Class I Procedure: The Class II/III Simplified Costing Procedure: The Class II/III Standard Costing Procedure: (i) The Class II or Class III railroad shall first determine which URCS regional application will be used based on its geographical location. The railroad's total estimated system variable expenses are calculated by multiplying its total operating expenses by the ratio of variable expenses to total expenses; this ratio is located in Worktable D8, Part 6, line 615, column 1 of the URCS printout for the appropriate region. If a railroad has passenger and freight service, the freight portion of the total estimated system variable expenses shall be calculated by multiplying the total estimated system variable expenses, calculated as above, by the ratio of freight related operating expenses to total railway operating expenses. (ii) The total number of revenue carload terminal handlings, as determined from the railroad's records, shall be calculated as the sum of: (A) Originated and terminated (local) revenue carloads multiplied by 2; plus (B) Interchanged and either originated or terminated (interline) revenue carloads. (iii) The total number of revenue carload interchange handlings, as determined from the railroad's records, shall be calculated as the sum of: (A) Bridge (interchange to interchange) revenue carloads multiplied by 2; plus (B) Revenue carloads that are interchanged and either originated or terminated (interline). (iv) The system average shipment weight per car, as determined from the railroad's records, shall be calculated by dividing: (A) Ton-miles-revenue freight by (B) Loaded freight car miles. (v) The system average loaded car miles per car, as determined from the railroad's records, shall be calculated by dividing: (A) Revenue ton-miles by (B) Revenue tons. (vi) The railroad shall complete a URCS Phase III “Movement Costing Program” based on the application of URCS data for the appropriate region. The following data shall be inputs to the Phase III program application. (A) The carrier code, either “REG 4” or “REG 7”, shall correspond to the appropriate region. (B) The type of shipment shall be designated as “OD” in order for the movement to be costed as an interline movement. (C) The distance shall be the system average loaded car miles per car as developed in paragraph (n)(4)(v) of this section. (D) The type of freight car shall be identified as a Box, General Service Equipped, which has an input user code of “3”. If all of the traffic on the branch line is transported in a single type of car, and it is not a Box, General Service Equipped, the code for that type of car may be substituted. (E) The number of freight cars shall be “1”. (F) The car ownership factor shall be designated as “R” for railroad owned cars unless all of the branch line traffic is moved in privately owned cars, in which case the code “P” for privately owned cars would be the input. (G) The program requires a loss and damage input. The code “48”, representing the average of all commodities, shall be used. (H) The input for shipment weight shall be the system average shipment weight per car developed in paragraph (n)(4)(iv) of this section. (I) The input for type of movement shall be “1”, representing an individual car movement. (vii) The ratios employed to separate the total estimated system variable expenses, as determined in paragraph (n)(4)(i) of this section, among terminal, interchange, and line-haul operations shall be based on the procedures outlined in this paragraph (n)(4)(vii). This separation shall reflect the variable costs resulting from the application of the URCS Phase III program based on the input factors specified in paragraph (n)(4)(vi) of this section. The ratios shall be calculated in the following manner: (A) The terminal expenses calculated by the application of the Phase III program shall consist of the following: ( 1 ( 2 ( i ( ii ( 3 ( i ( ii ( 4 ( i ( ii ( 5 ( i ( ii (B) The interchange expenses calculated by the application of the Phase III program shall consist of the following: ( 1 ( i ( ii ( 2 ( i ( ii ( 3 ( i ( ii ( 4 ( i ( ii (C) The line-haul expenses resulting from the application of the Phase III program shall be calculated by subtracting the sum of: ( 1 ( 2 ( 3 (D) The ratio for terminal expenses shall be calculated by dividing the terminal expenses as determined in paragraph (n)(4)(vii)(A) of this section by the total variable cost excluding loss and damage as calculated in the Phase III program at line 696. (E) The ratio for interchange expenses shall be calculated by dividing the interchange expenses as determined in paragraph (n)(4)(vii)(B) of this section by the total variable cost excluding loss and damage as calculated in the Phase III program at line 696. (F) The ratio for line-haul expenses shall be calculated by dividing the line-haul expenses as determined in paragraph (n)(4)(vii)(C) of this section by the total variable cost excluding loss and damage as calculated in the Phase III program at line 696. (viii) The railroad's total estimated system variable expenses shall be separated as follows: (A) The total terminal variable expenses shall be calculated by multiplying the total estimated system variable expenses as determined in paragraph (n)(4)(i) of this section by the ratio for terminal expenses as determined in paragraph (n)(4)(vii)(D) of this section. (B) The total interchange variable expenses shall be calculated by multiplying the total estimated system variable expenses as determined in paragraph (n)(4)(i) of this section by the ratio for interchange expenses as determined in paragraph (n)(4)(vii)(E) of this section. (C) The total line-haul variable expenses shall be calculated by multiplying the total estimated system variable expenses as determined in paragraph (n)(4)(i) of this section by the ratio for line-haul expenses as determined in paragraph (n)(4)(vii)(F) of this section. (ix) The railroad's unit costs shall be determined for terminal, interchange, and line-haul operations as follows: (A) The terminal cost per carload shall be calculated by dividing the total terminal variable expenses as determined in paragraph (n)(4)(viii)(A) of this section by the total number of revenue carload terminal handlings as determined in paragraph (n)(4)(ii) of this section. (B) The interchange cost per carload shall be calculated by dividing the total interchange variable expenses as determined in paragraph (n)(4)(viii)(B) of this section by the total number of revenue carload interchange handlings as determined in paragraph (n)(4)(iii) of this section. (C) The line-haul cost per car mile shall be calculated by dividing the total line-haul variable expenses as determined in paragraph (n)(4)(viii)(C) of this section by the total system freight car miles, loaded and empty, as determined from the railroad's records. (x) The modified terminal cost per carload is a composite of costs developed in the Phase III program and costs determined in accordance with paragraph (g) of this section and this paragraph. The modified terminal cost per carload shall be calculated for each type of car as follows: (A) The station clerical cost per carload shall be developed in the following manner: ( 1 ( 2 (B) The interchange switching cost per carload shall be developed in the following manner: ( 1 ( 2 ( 3 (C) The freight car cost element shall be the freight car cost per car day for 2 days as developed for each car type in paragraph (g)(3) of this section. (D) The modified terminal cost per carload shall be the total of the costs developed in paragraphs (n)(4)(x)(A), (n)(4)(x)(B), and (n)(4)(x)(C) of this section. (xi) The terminal costs shall be calculated by multiplying the terminal cost per carload as determined in paragraph (n)(4)(ix)(A) of this section by the number of carloads that both: (A) Originated or terminated on the branch, and (B) Are local to the railroad serving the branch. (xii) The interchange costs shall be calculated by multiplying the interchange cost per carload as determined in paragraph (n)(4)(ix)(B) of this section by the number of carloads that both: (A) Originated or terminated on the branch; and (B) Are received in or forwarded through interchange with other railroads. (xiii) The line-haul costs shall be calculated by multiplying the line-haul cost per car mile as determined in paragraph (n)(4)(ix)(C) of this section by the total loaded and empty car miles generated on the railroad's system off the branch by cars that originated or terminated on the branch. (xiv) The modified terminal costs shall be calculated by multiplying the modified terminal cost per carload as determined in paragraph (n)(4)(x)(D) of this section by the number of carloads that originated or terminated on the branch. (o) Locomotive depreciation. (1) The current replacement cost for each type of locomotive used to serve the line will be based on the most recent purchase of that particular type and size locomotive by the carrier indexed to the midpoint of the year or on an amount quoted by the manufacturer. (2) The depreciation rate that will be applied to the replacement cost shall be the carrier's component rate for each type of locomotive as reported in the latest Annual Report Form R-1 submitted to the Board or from the company records. Carriers using depreciation rates based on company records must explain why composite rates are inappropriate; provide a detailed explanation of the methodology used to compute the alternate depreciation rate; and demonstrate that these rates have been used consistently. (3) The annual depreciation cost for each type of locomotive shall be calculated by multiplying the replacement cost(s) developed in paragraph (o)(1) of this section by the rate from paragraph (o)(2) of this section. (4) The depreciation expense for each type of locomotive shall be assigned to the line on the ratio of the hours incurred serving the line to the average system locomotive unit hours in service by each of the following categories of locomotives: yard-diesel; yard-other; road-diesel; and road-other. The ratio for each type of locomotive used to serve the line shall be the same as that developed in paragraph (h)(4) of this section. (5) The depreciation shall be calculated by multiplying the annual depreciation expense for each type of locomotive developed in paragraph (o)(3) of this section by the ratio(s) developed in paragraph (o)(4) of this section. (p) Opportunity costs. Opportunity costs may be calculated in accordance with the methodology established in § 1152.34 of this part, or by using any other reasonable, fully explained method. Opportunity costs are not included as costs on Exhibit 1 described at § 1152.36. These costs should be submitted as a separate exhibit to the application. (q) Labor costs. (2) These costs shall be deemed attributable notwithstanding any obligation of applicant to provide employee protection for employees after the abandonment. [61 FR 67883, Dec. 24, 1996, as amended at 81 FR 8855, Feb. 23, 2016] § 1152.33 Apportionment rules for the assignment of expenses to on-branch costs. 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 Roadway machines. (2) Small tools and supplies. (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. (i) Fringe benefits—Running, Account 12-11-00, (ii) Fringe benefits—Switching, Account 12-12-00, (iii) Fringe benefits—Other, Account 12-13-00, (b) Maintenance of equipment Locomotive repairs and maintenance. (2) Locomotive depreciation. (3) Fringe Benefits. (i) Locomotives—Account 12-21-00, (ii) Other Equipment—Account 12-23-00, (iii) Fringe benefits for freight cars shall be calculated by first estimating the total in Account 11-22-42, Freight car repairs—salaries and wages, that is included in the total on branch costs for freight cars as determined from the car-day and car-mile cost calculations in § 1152.32(g) of these regulations. To this amount is added the branch totals in the balance of all 11-22-XX accounts. The ratio of this total branch account to the system total for all 11-22-XX accounts is applied to Account 12-22-00, Fringe Benefits—Freight Cars. (c) Transportation Train operations Engine Crews-Materials. Account 21-31-56; Train Crews-Materials, Account 21-31-57; Train Inspection and Lubrication-Salaries and Wages, Account 11-31-62; and Train Inspection and Lubrication-Materials, Account 21-31-62. (A) To determine the car-mile portion of these accounts: ( 1 ( 2 1 ( 3 2 (B) To determine the carload portion of these accounts: ( 1 ( 2 ( 3 2 (C) To determine the total costs assignable to the branch for these accounts, add the amounts developed in paragraphs (c)(1)(i)(A)( 3 3 (ii) All accounts designated xx-31-67 shall be assigned to the branch in accordance with the following procedure. The dollar amounts used in the determination of locomotive fuel costs shall be based on data contained in the most recent publication issued by the General Managers Association (GMA) relating to the rental of locomotives. The total number of locomotive unit hours incurred by the locomotive(s) shall then be categorized according to the applicable GMA horsepower classification group. The fuel cost is derived from the Repairs and Supplies Expenses element of the locomotive rental rates published by the GMA. The fuel cost per locomotive unit hour shall be determined for each GMA horsepower classification group by multiplying the latest GMA fuel cost percentage by the Repairs and Supplies Expense per hour included in each group. The fuel cost update ratio is determined by using the indices for fuel from the Association of American Railroad's (AAR's) Railroad Cost Recovery Index (RCR). The indices shall be taken from the district to which the railroad is assigned by the Board. The index for the current period is divided by the index of the period representative of the GMA publication to develop the fuel update ratio. The fuel cost per locomotive unit hour developed for each GMA horsepower group shall be multiplied by the fuel update ratio to determine the fuel cost per locomotive hour for each horsepower group. The updated fuel cost per locomotive unit hour for each applicable GMA group shall be multiplied by the number of locomotive unit hours incurred in serving the branch by locomotives of that GMA horsepower classification group. The total cost developed under this procedure for each horsepower classification shall be the locomotive fuel cost assignable to the branch line. (iii) Electric power purchased or produced for motive power (iv) Servicing locomotives (2) Yard operations Switch Crews—Materials, Account 21-32-64, and Servicing Locomotives, (ii) Locomotive fuel (iii) Electric power purchased or produced for motive power (3) Administrative support operations Loss and damage claims processing (ii) [Reserved] (4) Transportation fringe benefits. (i) Train Operations, Account 12-31-00, (ii) Yard Operations, Account 12-32-00, (iii) Train and Yard Operations Common, Account 12-33-00, (iv) Specialized Service Operations, Account 12-34-00, (v) Administrative Support, Account 12-35-00, (d) General administrative. Fringe Benefits, Account 12-61-00, (2) [Reserved] § 1152.34 Return on investment. 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. (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 removal costs exceed the market value after removal. All such assets shall be included in the net liquidation value determination if the carrier is required by law to remove them or if the carrier intends to remove them, even if it is not required to do so. The parties shall fully support and explain the exclusion for net liquidation purposes of all assets having a negative salvage value. ( 1 ( 2 (B) All adjustments to the appraised fair market value of right-of-way land, including a downward adjustment to reflect an imputed real estate Board or selling expense, shall be fully supported and explained. (C) Parties shall fully support and explain their use of unadjusted across-the-fence (ATF) values as a surrogate for the value of railroad right-of-way land, given that the physical and economic characteristics (grading and elevation) usually are different from those of surrounding parcels. All adjustments to ATF values to arrive at the right-of-way values shall also be supported and explained. (2) [Reserved] (d) Reasonable return. (1) The railroad shall determine its permanent capital structure ratio for debt and equity capital such that the two numbers total 100 percent. This capital structure will be the actual capital structure of the railroad. If this calculation is not possible or also not representative because the railroad is part of a conglomerate, the debt-equity ratio from the Board's latest Determination of Adequate Railroad Revenues will be used. However, if the debt-equity ratio for the railroad industry is used then the industry average equity and debt rate from the Board's latest revenue adequacy finding must also be used in paragraphs (d)(2) and (d)(3) of this section. (2) The current nominal cost of debt shall be determined by taking the average of all debt instruments (including bonds, equipment trust certificates, financial lease arrangements, et cetera) issued by the carrier in the most recent 12-month period. The debt cost calculated by this procedure is a before-tax rate and is not adjusted for inflation or income taxes. (3) The current nominal after tax cost of equity shall be an amount equal to that which a prudent investor would expect to earn through investment in the market place. The current after tax nominal cost of equity is divided by 1 minus the combined statutory Federal and state income tax rates. This will develop the nominal cost of equity on a before tax basis. (4) The current nominal before-tax cost of debt is multiplied by the current percentage of debt to total capital to obtain a weighted before-tax nominal cost of current debt. (5) The current nominal before-tax cost of equity is multiplied by the current percentage of equity to total capital to obtain a weighted nominal before-tax cost of current equity. (6) The results of paragraphs (d)(4) and (d)(5) of this section are added together to determine the current nominal cost of capital. (e) Holding gain loss road properties. § 1152.35 [Reserved] § 1152.36 Submission of revenue and cost data. 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). Base year Forecast year Projected Revenues attributable for: 1. Freight originated and/or terminated on branch 2. Bridge traffic 3. All other revenue and income 4. Total revenues attributable (lines 1 through 3) Avoidable costs for: 5. On-branch costs (lines 5a through 5k) a. Maintenance of way and structures b. Maintenance of equipment c. Transportation d. General administrative e. Deadheading, taxi, and hotel f. Overhead movement g. Freight car costs (other than return on freight cars) h. Return on value-locomotives i. Return on value-freight cars j. Revenue taxes k. Property taxes 6. Off-branch costs a. Off-branch costs (other than return on freight cars) b. Return on value-freight cars 7. Total avoidable costs (line 5 plus line 6) Subsidization costs for: 8. Rehabilitation 1 9. Administration costs (subsidy year only) 2 10. Casualty reserve account 2 11. Total subsidization costs (lines 8 through 10) Return on value: 12. Valuation of property (lines 12a through 12c) a. Working capital XXXX b. Income tax consequences XXXX c. Net liquidation value XXXX 13. Nominal rate of return XXXX 14. Nominal return on value (line 12 times line 13) 3 XXXX 15. Holding gain (loss) XXXX 16. Total return on value (line 14 minus 15) 3 XXXX 17. Avoidable loss from operations (line 4 minus line 7) 18. Estimated forecast year loss from operations (line 4 minus lines 7 and 16) 19. Estimated subsidy (line 4 minus lines 7, 11 and 16) 1 2 3 § 1152.37 Financial status reports. 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. Actual Projected Revenues for: 1. Freight originated and/or terminated on branch 2. Bridge traffic 3. All other revenue and income 4. Total revenues (lines 1 through 3) Avoidable costs for: 5. On-branch costs (lines 5a through 5j) a. Maintenance of way and structures b. Maintenance of equipment c. Transportation d. General administrative e. Deadheading, taxi, and hotel f. Overhead movement g. Freight car costs h. Return on investment—locomotives i. Revenue taxes j. Property taxes 6. Off-branch costs 7. Total avoidable costs (line 5 plus line 6) Subsidization costs for: 8. Rehabilitation 9. Administrative costs 10. Casualty 11. Total subsidization costs (lines 8 through 10) Return on value: 12. Valuation of property (lines 12a through 12c) a. Working capital b. Income tax consequences c. Net liquidation value 13. Rate of return 14. Total return on value (line 12 times line 13) Subsidy payment: 15. Subsidy payment (line 4 minus lines 7, 11, and 14) Subpart E [Reserved] Subpart F—Exempt Abandonments and Discontinuances of Service and Trackage Rights § 1152.50 Exempt abandonments and discontinuances of service and trackage rights. Link to an amendment published at 91 FR 53367, Aug. 18, 2026. (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. (i) The Public Service Commission (or equivalent agency) in the state(s) where the line will be abandoned or the service or trackage rights discontinued; (ii) Department of Defense (Military Surface Deployment and Distribution Command, Transportation Engineering Agency, Railroads for National Defense Program); (iii) The National Park Service, Recreation Resources Assistance Division; and (iv) The U.S. Department of Agriculture, Chief of the Forest Service. The notice shall name the railroad, describe the line involved, including United States Postal Service ZIP Codes, indicate that the exemption procedure is being used, and include the approximate date that the notice of exemption will be filed with the Board. The notice shall include the following statement “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.” (2) The railroad must file a verified notice using its appropriate abandonment docket number and subnumber (followed by the letter “X”) with the Board at least 50 days before the abandonment or discontinuance is to be consummated. The notice shall include the proposed consummation date, the certification required in § 1152.50(b), the information required in §§ 1152.22(a) (1) through (4), (7) and (8), and (e)(4), the level of labor protection, and a certificate that the notice requirements of §§ 1152.50(d)(1) and 1105.11 have been complied with. (3) The Board, through the Chief Counsel, shall publish a notice in the Federal Register ab initio (4) In out-of-service rail line exemption proceedings under 49 CFR 1152.50, the Board, on its own motion, will stay the effective date of individual notices of exemption when an informed decision on pending environmental and historic preservation issues cannot be made prior to the date that the exemption authority would otherwise become effective. (5) A notice or decision to all parties will be issued if use of the exemption is made subject to environmental, energy, historic preservation, public use and/or interim trail use and rail banking conditions. (6) To address whether the standard labor protective conditions set forth in Oregon Short Line R. Co.—Abandonment—Goshen, (e) Consummation notice. [61 FR 67883, Dec. 24, 1996, as amended at 62 FR 34670, June 27, 1997; 83 FR 15079, Apr. 9, 2018] 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. (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 Federal Register (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 Draft Federal Register 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), State(s)]. The line for which the abandonment (or discontinuance) exemption request was filed includes the stations of (list all stations on the line in order of milepost number, indicating milepost location). 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. The interest of railroad employees will be protected by (specify the appropriate conditions). Any offer of financial assistance will be due no later than 10 days after service of a decision granting the petition for exemption. All interested persons should be aware that following abandonment of rail service and salvage of the line, the line may be suitable for other public use, including interim trail use. Any request for a public use condition and any request for trail use/rail banking will be due no later than 20 days after notice of the filing of the petition for exemption is published in the Federal Register. Persons seeking further information concerning abandonment procedures may contact the Surface Transportation Board or refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board's Office of Environmental Analysis. An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by the Office of Environmental Analysis will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Any other persons who would like to obtain a copy of the EA (or EIS) may contact the Office of Environmental Analysis. EAs in these abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA will generally be within 30 days of its service. (d) A petitioner for an abandonment exemption must serve a copy of the petition on the persons receiving notices of exemption under § 1152.50(d). The petition must include the following statement: “Based on information in our possession, the line (does) (does not) contain federally granted right-of-way. Any documentation in petitioner's possession will be made available promptly to those requesting it.” (e) As Provided in § 1152.29(e)(2), rail carriers that receive authority to abandon a line by individual exemption under 49 U.S.C. 10502 must file with the Board a notice that abandonment has been consummated. [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]

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