Attorney Leonard M. Singer,
Boston, MA (617) 737-7670 (www.LeonardMSinger.com)
49 CFR §1152.22. Contents of Application.
Applications for the abandonment of railroad lines or the discontinuance of rail service shall contain the following information, including work papers 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:
(1) Exact name of applicant.
(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 8x10\1/2\ inches, drawn to scale, and with the scale shown thereon. The map must show, in clear relief, the exact location of the rail line to be abandoned or over which service is to be discontinued and its relation to other rail lines in the area, highways, water routes, and population centers.
(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 Sec. Sec. 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 Sec. 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. The present physical condition of the line including any operating restrictions and estimate of deferred maintenance and rehabilitation costs (e.g., number of ties that need replacing, miles of rail that need replacing and/or new ballast, bridge repairs or replacement needed, and estimated labor expenses necessary to upgrade the line to minimum Federal Railroad Administration class 1 safety standards). The bases for the estimates shall be stated with particularity, and workpapers shall be filed with the application.
(c) Service provided. Description of the service performed on the line during the Base Year (as defined by Sec. 1152.2(c)), including the actual:
(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.
(1) Computation of the revenues attributable and avoidable costs for the line to be abandoned for the Base Year (as defined by Sec. 1152.2(c) and to the extent such branch level data are available), in accordance with the methodology prescribed in Sec. Sec. 1152.31 through 1152.33, as applicable, and submitted in the form called for in Sec. 1152.36, as Exhibit 1.
(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 Sec. 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.
(1) The name and population (identify source and date of figures) of each community in which a station on the line is located.
(2) Identification of significant users, as defined in Sec. 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. The applicant shall submit information regarding the environmental impact of the proposed abandonment or discontinuance in compliance with Sec. Sec. 1105.7 and 1105.8. If certain information required by the environmental regulations duplicates information required elsewhere in the application, the environmental information requirements may be met by a specific reference to the location of the information elsewhere in the application.