Pt. 1152, App. 49 CFR Ch. X (10–1–96 Edition)

APPENDIXÐContinued APPENDIXÐContinued

AB No. Name of Carrier AB No. Name of Carrier

240 ...... Cambria and Indiana, RR. Co. 295 ...... The Indiana Railroad Company. 241 ...... Arcata and Mad River RR. Co. 296 ...... The Robeson County Railroad Corporation. 242 ...... Maryland and Pennsylvania RR. Co. 297 ...... Columbus & Greenville Railway Co. 243 ...... Virginia Blue Ridge Ry. 298 ...... Iowa Southern Railroad Company. 244 ...... Oklahoma, Kansas and Texas RR. Co. 299 ...... Oregon & Northwestern Railroad Co. 245 ...... Oregon, Pacific and Eastern RR. Co. 300 ...... Chicago Rail Link. 246 ...... Yreka Western RR. Co. 301 ...... SouthRail Corporation. 247 ...... Alabama Southern RR. Co., Inc. 302 ...... Chicago, Missouri & Western Railroad Com- 248 ...... Bolivar Southern RR. Co. pany. 249 ...... The Mobile & Gulf RR. Co. 303 ...... Wisconsin Central Ltd. 250 ...... Cadiz RR. Co. 304 ...... MidLouisiana Rail Corporation. 251 ...... Louisiana Midland Ry. Co. 305 ...... Nicholas, Fayette & Greenbrier Railroad Com- 252 ...... Northern Missouri RR. Co. pany. 252 ...... Bear Creek Mainline RR. 306 ...... Kewash Railroad, Inc. 254 ...... Providence & Worcester RR. Co. 307 ...... Wyoming and Colorado Railroad Company, Inc. 255 ...... Frankport & Cincinnati RR. 308 ...... Central Michigan Railway Company. 256 ...... Ottumwa Connecting RR. 309 ...... Cimarron River Valley Railway Company. 257 ...... Sand Springs Ry. Co. 310 ...... Company. 258 ...... Central California Traction Co. 311 ...... White River Park Development Commission. 259 ...... Vermont Ry. Inc. 312 ...... South Carolina Central Railroad Company, Inc. 260 ...... Rarus Ry. Corp. 261 ...... Staten Island Rapid Transit Operating Authority. 313 ...... The Southeastern Pennsylvania Transportation 262 ...... Norfolk and Portsmouth Belt Line RR. Co. Authority. 263 ...... Staten Island Ry. Corp. 314 ...... Chicago, Central & Pacific Railroad Company. 264 ...... Vermont & Massachusetts RR. Co. 315 ...... Texas Central Railroad Company. 265 ...... State of Vermont and Vermont Ry., Inc. 316 ...... Angelina and Neches River Railroad Company. 266 ...... California Western RR. Co. 317 ...... Indiana Harbor Belt Railroad Company. 267 ...... Vandalia RR. Co. 318 ...... Louisiana & Delta Railroad, Inc. 268 ...... Portland Terminal Co. 319 ...... Florida Central Railroad Company, Inc. 269 ...... Iowa Terminal RR. Co. 320 ...... Upper Merion and Plymouth Railroad Company. 270 ...... Sumpter & Choctaw Ry. Co. 321 ...... Kansas City Public Service Freight Operation. 271 ...... Chicago & Illinois Midland Ry. Co. 322 ...... NRUC Corporation (St. Lawrence Railroad Divi- 272 ...... Morristown & Erie Ry. Inc. 273 sion). 273 ...... Camino, Placerville & Lake Tahoe RR. Co. 323 ...... Ogdensburg Bridge and Port Authority. 274 ...... Chesapeake Western Ry. 324 ...... Arkansas and Missouri Railroad Company, Inc. 275 ...... FourteenÐEleven Corp. 325 ...... Florida Midland Railroad Company, Inc. 276 ...... Nashville and Ashland City RR. 326 ...... Washington Central Railroad Company, Inc. 277 ...... West Virginia Northern RR. Inc. 327 ...... St. Joseph Terminal Railroad Company. 278 ...... The Eastern Shore RR. Inc. 328 ...... Community Improvement Corporation. 279 ...... Canadian National Railway Company. 329 ...... Cedar Valley Railroad Company. 280 ...... Hillsboro & Northeastern Railway Company. 330 ...... Otter Tail Valley Railroad Company, Inc. 281 ...... Texas North Western Railway Company. 331 ...... Bi-State Development Agency of the Missouri-Il- 282 ...... Graham County Railway. linois Metropolitan District. 283 ...... Ware Shoals Railroad Company. 332 ...... The Bloomer Line. 284 ...... Iowa Northern Railroad Company. 333 ...... Unity Railways Company. 285 ...... The Northern Railway Company; Los 334 ...... Crosbyton Railroad Company. Angeles Department of Water and Power d/b/ 335 ...... KCT Railway Corporation. a Nevada Northern Railway Company. 336 ...... Indiana Hi-Rail Corporation. 286 ...... The New York, Susquehanna and Western Rail- 337 ...... Dakota, Minnesota & Eastern Railroad Corpora- way Corporation. tion. 287 ...... The Port Huron and Detroit Railroad Company. 338 ...... Oregon, California & Eastern Railway Company, 288 ...... Franklin County Railroad Corporation. Inc. 289 ...... Central Railroad Company of Indianapolis, Inc. 339 ...... The Port of Tillamook Bay. 290 ...... Norfolk and Western Railway Company; Norfolk 340 ...... Lenawee County Railroad Company. Company; Southern Rail- 341 ...... The Southwestern Railroad Company, Inc. way Company; The Alabama Great Southern 342 ...... Buffalo Creek & Gauley Railroad Co. Railroad Company; Carolina and Northwest- ern Railway Company; The Cincinnati, New [41 FR 48520, Nov. 4, 1976. Redesignated at 47 Orleans and Texas Pacific Railway Company; FR 49581, Nov. 1, 1982. Redesignated at 48 FR Central of Georgia Railroad Company; The 54241, Dec. 1, 1983, and amended at 51 FR Georgia Midland Railway Company; The 33613, Sept. 22, 1986; 56 FR 18532, Apr. 23, 1991; Georgia Northern Railway Company; Georgia 56 FR 24119, May 28, 1991] Southern and Florida Railway Company; Southern RailwayÐCarolina Division; Ten- nessee Railway Company; Company; The Wheeling and Lake Erie Rail- PART 1155—STANDARDS FOR DE- way Company; Woodstock & Blocton Railway TERMINING RAIL SERVICE CON- Company. TINUATION SUBSIDIES 291 ...... Andalusia & Conecuh Railroad Company. 292 ...... Alabama & Florida Railroad Company, Inc. 293 ...... Detroit & Mackinac Railway Company. Sec. 294 ...... Gulf & Mississippi Railroad Corporation. 1155.1 Purpose of the standards.

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1155.2 Definitions of terms used in the ods governing the calculation of sub- standards. sidies for rail properties of other rail- 1155.3 Procedure for calculating a subsidy roads as well as those properties con- estimate. 1155.4 Interim payments, financial reports, veyed to are covered by a sepa- and interpretations. rate set of standards (49 CFR part 1152) 1155.5 Year-end adjustment. and are referred to as the ‘‘National 1155.6 Revenue and income attributable to Subsidy Standards.’’) branch lines. (c) These standards intend that par- 1155.7 Calculation of avoidable costs and ties to a subsidy agreement utilize management fee. arms-length negotiation to the fullest 1155.8 Apportionment rules for the assign- ment of expenses to on-branch costs. extent possible in establishing and exe- 1155.9 Return on the value of rail prop- cuting a subsidy operating agreement. erties. The standards presented here develop the methodologies for: APPENDIX I—FORMAT FOR PRESENTATION OF SUBSIDY ESTIMATE (1) Calculating a subsidy estimate to APPENDIX II—FORMAT FOR FINANCIAL STATUS be used as a basis for a subsidy offer REPORTS under section 304(c)(2) of the 3R Act, as AUTHORITY: 49 U.S.C. 10321 and 10905; 5 amended, U.S.C. 559. (2) Determining the actual revenues SOURCE: 43 FR 1692, Jan. 11, 1978, unless and costs of a subsidized operation dur- otherwise noted. Redesignated at 47 FR 49582, ing the subsidy year, and Nov. 1, 1982. (3) Establishing a return on the value of the properties used in continuing the § 1155.1 Purpose of the standards. rail service. (a) The 3R Act established a method Parties may agree in arms-length nego- of preserving rail service that would tiations to provisions which modify otherwise be discontinued as a result of these standards, subject to review of the restructuring process developed by such modifications by RSPO. RSPO the final system plan. Section 304(c)(2) would not expect to disapprove vari- of the 3R Act, as amended, provides ations from the standards which are that no rail service or properties may the product of arms-length negotia- be discontinued or abandoned if a fi- tions and which are shown to be rea- nancially responsible person or govern- sonable in the light of pertinent facts ment entity offers a subsidy which: (1) and circumstances. When an agreement Covers the difference between the car- has been reached, a copy shall be filed rier’s revenues attributable to such rail promptly with RSPO for its review. properties and the carrier’s avoidable costs of providing rail service on such (d) In brief, the standards describe properties, together with a reasonable the method for establishing a subsidy management fee, and (2) includes a rea- estimate, the basis for paying this esti- sonable return on the value of such mate during the subsidy year, the properties. Further, the person offering method of calculating the actual sub- the subsidy shall designate the opera- sidy during the subsidy period, and the tor of the continued rail service. provisions for adjusting for the dif- (b) RSPO was directed to develop and ference between the estimated subsidy publish standards to determine ‘‘reve- and the actual subsidy at the end of nues attributable to the rail prop- the subsidy period. erties,’’ the ‘‘avoidable costs of provid- (e) For further information regarding ing service,’’ a ‘‘reasonable return on these standards, persons may contact the value,’’ and a ‘‘reasonable manage- RSPO’s Cost Evaluation Branch at 202– ment fee’’ as those phrases are used in 254–7552. section 304 of the 3R Act as amended. These standards (49 CFR part 1155), de- § 1155.2 Definitions of terms used in veloped by RSPO and referred to as the the standards. ‘‘Regional Subsidy Standards,’’ are ap- Unless otherwise required by the con- plicable only for subsidized freight op- text, the following definitions apply: erations over those rail properties of Account means an account in the the railroads in reorganization which ICC’s Uniform System of Accounts for were not conveyed to ConRail. (Meth- Railroad Companies (49 CFR part 1201).

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