§ 1151.2 Procedures. ( a ) Service. When an application is filed, applicant must concurrently serve a copy of the application by first class mail on: ( 1 ) The owning railroad;
( 2 ) All rail patrons who originated and/or received traffic on the line during the 12-month period preceding the month in which the application is filed;
( 3 ) The designated State agency in the State(s) where the property is located;
( 4 ) County governments where the line is located;
( 5 ) The National Railroad Passenger Corporation (Amtrak) (if Amtrak operates on the line);
( 6 ) And the national offices of rail unions with employees on the line.
( b ) Acceptance or rejection of an application. ( 1 ) The Board, through the Director of the Office of Proceedings, will accept a complete application no later than 30 days after the application is filed by publishing a notice in the Federal Register. An application is complete if it has been properly served and contains substantially all information required by § 1151.3, except as modified by advance waiver. The notice will also announce the schedule for filing of competing applications and responses.
( 2 ) The Board, through the Director of the Office of Proceedings, will reject an incomplete application by serving a decision no later than 30 days after the application is filed. The decision will explain specifically why the application was incomplete. A revised application may be submitted, incorporating portions of the prior application by reference.
( c ) Competing applications. ( 1 ) Unless otherwise scheduled in the notice, competing applications by other parties seeking to acquire all or any portion of the line sought in the initial application are due within 30 days after the initial application is accepted.
( 2 ) The Board, through the Director of the Office of Proceedings, will issue a decision accepting or rejecting a competing application no later than 15 days after it is filed. A competing application will be rejected if it does not substantially contain the information required by § 1151.3, except as modified by advance waiver.
( d ) Incomplete applications. ( 1 ) If an applicant seeking to file an initial or competing application is unable to obtain required information that is primarily or exclusively within the personal knowledge of the owning carrier, the applicant may file an incomplete application if it files at the same time a request for discovery under 49 CFR part 1114 to obtain the needed information from the owning carrier.
( 2 ) The Board, through the Director of the Office of Proceedings, will by decision conditionally accept incomplete initial or competing applications, if the Director determines that the discovery sought is necessary for the application and primarily or exclusively within the knowledge of the owning carrier.
( 3 ) When the information sought through discovery has been filed for an initial application, Federal Register notice under paragraph (b) of this section will be published.
( 4 ) When the information sought through discovery has been filed for a competing application, a decision will be issued under paragraph (c) of this section.
( e ) Comments. Unless otherwise scheduled in the notice, verified statements and comments addressing both the initial and competing applications must be filed within 60 days after the initial application is accepted.
( f ) Replies. Unless otherwise scheduled in the notice, verified replies by applicants and other interested parties must be filed within 80 days after the initial application is accepted.
( g ) Publication. If the Board finds that the public convenience and necessity require or permit sale of the line, the Board shall concurrently publish this finding in the Federal Register.
( h ) Acceptance or rejection. If the Board concludes that sale of the line should be required, the applicant(s) must file a notice with the Board and the owning railroad accepting or rejecting the Board's determination. The notice must be filed within 10 days of the service date of the decision.
( i ) Selection. If two or more applicants timely file notices accepting the Board's determination, the owning railroad must select the applicant to which it will sell the line and file notice of its selection with the Board and serve a copy on the applicants within 15 days of the service date of the Board decision.
( j ) Waiver. Prior to filing an initial or competing application, an applicant may file a petition to waive or clarify specific portions of part 1151. A decision by the Director of the Office of Proceedings granting or denying a petition for waiver or clarification will be issued within 30 days of the date the petition is filed. Appeals from the Director's decision will be decided by the entire Board.
( k ) Extension. Extensions of filing dates may be granted for good cause.
[56 FR 37861, Aug. 9, 1991]