[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR244.9]

[Page 677-678]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 244--REGULATIONS ON SAFETY INTEGRATION PLANS GOVERNING RAILROAD CONSOLIDATIONS, MERGERS, AND ACQUISITIONS OF CONTROL--Table of Contents
 
                           Subpart A--General
 
Sec. 244.9  Definitions.

    As used in this part--
    Administrator means the Administrator of the Federal Railroad 
Administration or the Administrator's delegate.
    Amalgamation of operations means the migration, combination, or 
unification of one set of railroad operations with another set of 
railroad operations, including, but not limited to, the allocation of 
resources affecting railroad operations (e.g., changes in personnel, 
track, bridges, or communication or signal systems; or use or deployment 
of maintenance-of-way equipment, locomotives, or freight or passenger 
cars).
    Applicant means a Class I railroad or a Class II railroad engaging 
in a transaction subject to this part.
    Best practices means measures that are tried, tested, and proven to 
be the safest and most efficient rules or instructions governing 
railroad operations.
    Class I or Class II railroad has the meaning assigned by regulations 
of the Surface Transportation Board (49 CFR Part 1201; General 
Instructions 1-1), as those regulations may be revised by the Board 
(including modifications in

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class thresholds based on the revenue deflator formula) from time to 
time.
    Corporate culture means the totality of the commitments, written and 
oral directives, and practices that make up the way a railroad's 
management and its employees operate their railroad.
    Control means actual control, legal control, or the power to 
exercise control through:
    (1) Common directors, officers, stockholders, a voting trust, or a 
holding or investment company, or
    (2) Any other means. See 49 U.S.C. 10102.
    Consolidation means the creation of a new Class I railroad by 
combining existing Class I railroads or a Class I railroad and a Class 
II railroad where there is an amalgamation of operations, or by a 
railroad or a corporate parent of a Class I railroad taking over the 
assets or assuming the liabilities, or both, of another Class I railroad 
such that the resulting unified entity has the combined capital, powers, 
and subsidiaries and affiliates, if applicable, of all of its 
constituents.
    Environmental documentation means either an Environmental Assessment 
or Environmental Impact Statement prepared in accordance with the 
Surface Transportation Board's environmental rules at 49 CFR part 1105.
    Merger means the acquisition of one Class I railroad or Class II 
railroad where there is amalgamation of operations by a Class I railroad 
such that the acquiring railroad or a corporate parent of that railroad 
acquires the stock, assets, liabilities, powers, subsidiaries and 
affiliates of the railroad acquired.
    Person means an entity of any type covered under 1 U.S.C. 1, 
including the following: A railroad; a manager, supervisor, official, or 
other employee or agent of a railroad; any owner, manufacturer, lessor, 
or lessee of railroad equipment, track, or facilities; any independent 
contractor providing goods or services to a railroad; and any employee 
of such owner, manufacturer, lessor, lessee, or independent contractor.
    Railroad means any form of non-highway ground transportation that 
runs on rails or electromagnetic guideways, including:
    (1) Commuter or other short-haul rail passenger service in a 
metropolitan or suburban area; and
    (2) High speed ground transportation systems that connect 
metropolitan areas, without regard to whether those systems use new 
technologies not associated with traditional railroads. The term does 
not include rapid transit operations in an urban area that are not 
connected to the general railroad system of transportation.
    Safety Integration Plan means a comprehensive written plan submitted 
to and approved by FRA in compliance with this part that demonstrates in 
required detail how an applicant will provide for safe railroad 
operations during and after any transaction covered by this part, and 
otherwise assure compliance with the Federal railroad safety laws.
    Section of Environmental Analysis or ``SEA'' means the Section of 
the Surface Transportation Board that prepares its environmental 
documentation and analyses.
    Transaction means a consolidation, merger, or acquisition of control 
subject to the requirements of this part.