[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: 49CFR266.5]



[Page 835-836]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 266_ASSISTANCE TO STATES FOR LOCAL RAIL SERVICE UNDER SECTION 5 

OF THE DEPARTMENT OF TRANSPORTATION ACT--Table of Contents

 

Sec. 266.5  State eligibility.



    (a) General eligibility requirements under the rail service 

assistance program. A State is eligible for assistance if:

    (1) The State has certified pursuant to section 5(j)(4) of the Act 

that it has or will adopt and maintain adequate procedures for financial 

control, accounting and performance evaluation in order to assure proper 

use of Federal funds;

    (2) For purpose of establishing a State Rail Plan, the State has 

submitted, in accordance with Sec. 266.17(e) of this part, a planning 

application; and

    (3) For any other assistance,

    (i) The State has established an adequate plan for rail services in 

the State which (A) meets the requirements of Sec. 266.15 of this part; 

(B) is part of an



[[Page 836]]



overall planning process for all transportation services in the State; 

(C) includes a suitable procedure for updating, revising, and amending 

such plan; and (D) as updated, revised, or amended has been approved by 

the Administrator;

    (ii) Such State Rail Plan (A) is administered or coordinated by a 

designated State agency; (B) provides for the equitable distribution of 

resources; and (C) includes a methodology for determining the ratio of 

benefits to costs of projects for which acquisition assistance, 

rehabilitation or improvement assistance, substitute service assistance, 

and rail facility construction assistance is sought;

    (iii) The State agency:

    (A) Has authority and administrative jurisdiction to develop, 

promote, supervise, and support safe, adequate, and efficient rail 

transportation services;

    (B) Employs or will employ, directly or indirectly, sufficient 

trained and qualified personnel;

    (C) Maintains or will maintain adequate programs of investigation, 

research, promotion, and development with provision for public 

participation; and

    (D) Is designated and directed solely or in cooperation with other 

State agencies to take all practicable steps to improve transportation 

safety and to reduce transportation-related energy utilization and 

pollution; and

    (iv) The State undertakes to immediately notify the Administrator of 

any changes in conditions which might affect its compliance with this 

section.