[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: 49CFR250.4]



[Page 798-799]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 250_GUARANTEE OF CERTIFICATES OF TRUSTEES OF RAILROADS IN 

REORGANIZATION--Table of Contents

 

Sec. 250.4  Execution and filing of application.



    The following procedure shall govern the execution and filing of the 

application:

    (a) The original application shall bear the date of execution and be 

signed with ink by or on behalf of the trustee and the lender. Execution 

on behalf of the trustee shall be by the trustee or trustees having 

knowledge of the matters therein set forth. Persons signing the 

application on behalf of the trustee and lender, respectively, shall 

also sign a certificate in form as follows:



    (Name of official) ------------------------ certifies that he is the 

------------------------ (title of official) of the --------------------

---- (name of carrier or lender); that he is authorized on the part of 

said applicant to sign and file with the Administrator this application 

and exhibits attached thereto; that he has carefully examined all of the 

statements contained in such application and the exhibits attached 

thereto and made a part thereof relating to the aforesaid --------------

-- (name of carrier or lender); that he has knowledge of the matters set 

forth therein and that all such statements made and matters set forth 

therein are true and correct to the best of his knowledge, information, 

and belief.

                                                                  (Date)



    (b) There shall be made a part of the original application the 

following certificate by the Chief Accounting Officer of the carrier:



    (Name of officer) ------------------------, certifies that he is --

---------------------- (title of officer) of --------------------------

------ (name of carrier applicant); that he has supervision over the 

books of account and other financial records of the carrier and has 

control over the manner in which they are kept; that such accounts are 

maintained in good faith in accordance with the effective accounting and 

other orders of the Interstate Commerce Commission; that he has examined 

the financial statements and supporting schedules included in this 

application and to the best of his knowledge and belief said statements 

accurately reflect the accounts as stated in the books of account; and 

that, other than the matters set forth in the exceptions attached to 

such statements, said financial statements and supporting schedules 

represent a true and complete statement of the financial position of the 

carrier applicant and that there are no undisclosed assets, liabilities, 

commitments to purchase property or securities, other commitments, 

litigation in the courts, contingent rental agreements, or other 

contingent transactions which might materially affect the financial 

position of the carrier applicant.

                                                                  (Date)



    (c) The original application and supporting papers, and six copies 

thereof for the use of the Administrator shall



[[Page 799]]



be filed with the Administrator, Federal Railroad Administration, 

Department of Transportation, Washington, DC. Simultaneously, one copy 

of the application and supporting papers shall be filed with the 

Secretary of the Interstate Commerce Commission, Washington, DC. Each 

copy shall bear the dates and signatures that appear in the original and 

shall be complete in itself, but the signatures in the copies may be 

stamped or typed. If unusual difficulties arise in the furnishing of any 

of the exhibits required in Sec. 250.2, the carrier applicant or the 

lender, upon appropriate showing and with the consent of the 

Administrator, may file a lesser number.

    (d) In the event the furnishing of exhibits in the detail required 

by Sec. 250.2 is shown by the applicant or applicants to be unduly 

burdensome in relation to the nature and amount of the loan, the 

Administrator may modify the requirements of said section. In addition, 

the Administrator may waive or modify any requirement of this part upon 

good cause shown, or make any additional requirements he deems 

necessary.