[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR244.17]



[Page 788]

 

                        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 B_Safety Integration Plans

 

Sec. 244.17  Procedures.



    (a) Each applicant shall file one original of a proposed Safety 

Integration Plan with the Associate Administrator for Safety, FRA, 1120 

Vermont Avenue, NW., Mail Stop 25, Washington, DC, 20590, no later than 

60 days after the date it files its application with the Surface 

Transportation Board.

    (b) The applicant shall submit such additional information necessary 

to support its proposed Safety Integration Plan as FRA may require to 

satisfy the requirements of this part.

    (c) The applicant shall coordinate with FRA to resolve FRA's 

comments on the proposed Safety Integration Plan until such plan is 

approved.

    (d) FRA will file its findings and conclusions on the proposed 

Safety Integration Plan with the Board's Section of Environmental 

Analysis at a date sufficiently in advance of the Board's issuance of 

its draft environmental documentation in the case to permit 

incorporation in the draft environmental document.

    (e) Assuming FRA approves the proposed Safety Integration Plan and 

the Surface Transportation Board approves the transaction and adopts the 

Plan, each applicant involved in the transaction shall coordinate with 

FRA in implementing the approved Safety Integration Plan.

    (f) During implementation of an approved Safety Integration Plan, 

FRA expects that an applicant may change and refine its Safety 

Integration Plan in response to unforeseen developments. An applicant 

shall communicate with FRA about such developments and submit amendments 

to its Safety Integration Plan to FRA for approval.

    (g) During implementation of an approved Safety Integration Plan, 

FRA will inform the Surface Transportation Board about implementation of 

the plan at times and in a manner designed to aid the Board's exercise 

of its continuing jurisdiction over the approved transaction in 

accordance with an agreement that FRA and the Board will enter into and 

execute. Pursuant to such agreement, FRA will consult with the Board at 

all appropriate stages of implementation, and will advise the Board on 

the status of the implementation process:

    (1) For a period of no more than five years after the Board approves 

the transaction,

    (2) For an oversight period for the transaction established by the 

Board, or

    (3) Until FRA advises the Board in writing that the integration of 

operations subject to the transaction is complete, whichever is shorter.

    (h) Request for Confidential Treatment. Each applicant requesting 

that advanced drafts of the proposed Safety Integration Plan and 

information in support of the proposed and approved plan that are filed 

with FRA receive confidential treatment shall comply with the procedures 

enumerated at 49 CFR 209.11.