[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: 49CFR244.9]



[Page 784-785]

 

                        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.



[[Page 785]]



    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 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.