[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: 49CFR266.7]



[Page 836-837]

 

                        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. 266.7  Project eligibility.



    (a) Rail service continuation assistance, acquisition assistance and 

substitute service assistance. A project is eligible for assistance 

under Sec. 266.3(a) (1), (2), and (4) of this part, respectively, if:

    (1) The Commission pursuant to 49 U.S.C. 10903 has found since 

February 5, 1976, that the public convenience and necessity permit the 

abandonment and discontinuance of rail service on the line related to 

the project, except that any such line or related project eligible prior 

to October 1, 1978, is eligible only until September 30, 1981 and any 

such line eligible for rail service continuation assistance shall 

receive such assistance for no more than 36 months after October 1, 

1978;

    (2) The line related to the project was eligible for assistance 

under section 402 of the Rail Act (45 U.S.C. 762), except that any such 

line or related project is eligible only until September 30, 1981; or

    (3) For purposes of acquisition assistance, the line related to the 

project is listed for possible inclusion in a rail bank in Part III, 

Section C of the Final System Plan.

    (b) Rehabilitation and improvement assistance and rail facility 

construction assistance. A project is eligible for assistance under 

Sec. 266.3(a) (3) and (5) of this part, respectively, if:

    (1)(i) The Commission has not made a finding that the public 

convenience and necessity would require or permit abandonment or 

discontinuance of rail service on the line related to the project;

    (ii) Any pending application for a certificate of abandonment or 

discontinuance of rail service on the line related to the project is 

withdrawn within a reasonable period (as determined by the 

Administrator) following the execution of the grant agreement and before 

Federal funds are disbursed for the project; and

    (iii)(A) The line related to the project is certified by the 

railroad as having carried three million gross ton miles per mile or 

less during the prior year; or

    (B) The line related to the project is certified by the railroad in 

a written statement which identifies the name of the line, the State or 

States in which it is located, its length, termini, and termini mile 

posts as having carried between three and five million gross ton miles 

per mile during the prior year, and the Administrator has determined 

that the project is consistent with proposals made under the authority 

of subsections 5 (a) through (e) of the Act (49 U.S.C. 1654 (a)-(e));

    (2)(i) An application for a certificate of abandonment or 

discontinuance of rail service on the line related to the project has 

been filed with the Commission during the period February 5, 1976 

through December 31, 1978, whether or not such application has been 

granted; or



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    (ii) During the period February 5, 1976, through December 31, 1978, 

the Commission has found that the public convenience and necessity would 

require or permit abandonment or discontinuance of rail service on the 

line related to the project irrespective of when the application was 

filed;

    (3) The line related to the project is listed for possible inclusion 

in a rail bank in Part III, Section C of the Final System Plan; or

    (4) The line related to the project was eligible to be acquired 

under section 402(c)(3) of the Rail Act (45 U.S.C. 762(c)(3)).

    (c) Projects eligible under paragraphs (b)(2), (b)(3), and (b)(4), 

of this section are eligible only until September 30, 1981. Projects 

initially eligible under paragraph (b)(2) of this section, may 

subsequently become eligible under paragraph (b)(1) of this section, if 

the Commission issues a new certificate of public convenience and 

necessity with respect to the line related to the project.