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13. The approximate distance in miles by highway from the nearest station on the line to be constructed or acquired to each of the places mentioned in paragraph 12, and the names of all common carrier railroads that now serve each of the places.
14. The names of common carrier railroads with which the line to be constructed or acquired would connect, and the proposed points of track connection. 15. The number of common carrier truck and bus lines operating in the area to be traversed by the line to be constructed or acquired, and the character of service performed by each.
16. The general character of the country through which the line to be constructed or acquired would extend. Indicate whether it is level, rolling, mountainous, cultivated, pasture, prairie, desert, rocky, or timbered, etc.
17. The approximate area of the territory to be served by the line to be constructed or acquired, an estimate of the population therein, and the area, (1) in timber, (2) in pasture, and (3) under cultivation. (See General Instructions.)
18. The kinds of industry carried on in the area to be served, such, for example, as farming, dairying, grazing, coal mining, manufacturing, lumbering, etc., and the relative importance of each.
19. The main facts as to the age, growth and extent of such industries, their probable future growth and permanence and the reasons therefor.
20. What carriers now serve these industries, and to what extent.
21. Whether the chief support of the line to be constructed or acquired would come from the general community or from some particular industry or industries, located or to be located. In the latter case, give facts concerning such particular industry or industries and applicant's contractual or financial relation thereto.
22. Whether the proposed new line of railroad would be built primarily for a direct profit from railway operation, or for the advantage of any other industry or business. If for the latter, state what industry or business would be so benefited, what such advantages would be, and the applicant's contractual or financial relation to said industry.
23. If the line to be constructed or acquired is an extension of an existing railroad, or a branch, connecting track, or cutoff, the extent to which it is expected to be directly profitable in itself, and the extent to which it is expected to be justified by its effect on the business of the existing line.
24. If the line of railroad to be constructed, acquired, or operated is to be a connecting link between existing railroads, the kind and volume of traffic, expressed in tons or carloads, that probably would be interchanged, and the economies that would be effected by such interchange.
25. Of the interchange traffic mentioned in answer to paragraph 24, what part, expressed in tons or carloads, cannot be hauled or moved by existing railroads or truck lines.
26. The facts concerning any agreement, tentative or otherwise, with existing carriers, covering operation, interchange of traffic, division of rates, or trackage rights, in connection with the line to be constructed, acquired, or operated.
27. Whether any aid, gift, grant of right of way, or other donation has been promised in connection with the proposed new line of railroad; if so, state specifically the nature, amount, and value of such promised donations.
28. The manner in which it is proposed to finance construction and equipment, or acquisition, the kind and amount of securities to be issued, and the approximate terms of their sale; to what extent funds for financing are now available, and which, if any, of such securities would be underwritten by industries to be served by the proposed line.
29. An estimate, in detail, of the character and volume of traffic expected and the gross revenue to be derived therefrom, covering each of the first five years of operation, together with an estimate of the annual gross revenues expected after the first five years. The detailed estimate required for the first five years should show the amount of each class of traffic, the mean length of haul, the rate per unit, and the revenue to be derived, also chief points or territories of origin and destination.
30. The estimated gross revenue, operating expenses, net revenue, and net railway operating income, corresponding with the estimates of traffic under
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paragraph 29, By "net railway operating income" is meant the excess of the credits over the debits to income, as reflected by the operating revenue, operating expense, railway tax accrual, uncollectible railway revenues, equipment rent, and joint facilities rent accounts.
31. The part of the estimated traffic which will constitute net additional business developed or created by the construction of the proposed new line of railroad, and the part that will be diverted from existing railroads.
32. The dates on which it is expected to begin and to complete the construction of the proposed new line of railroad.
33. The engineering work in full detail which has been done with respect to the proposed new line at the time of filing the return.
34. The following details concerning the line to be constructed:
(a) The gage and number of main line tracks.
(b) Weight of rail for main line track.
(c) Rate of maximum grade in each direction, and whether and how compensated for curvature.
(d) Rate of limiting grade that will fix train loading in each direction, and whether and how compensated for curvature.
(e) If helper grades are to be used, the location, length, rate, and direction of ascent for each.
(f) The maximum rate of curve.
(g) The average amount of curvature per mile, in degrees.
(h) The approximate length and height of wooden trestles or other temporary construction.
(Details under this paragraph not fixed by survey are to be estimated from reconnaissances so far as possible.)
Question 34 should also be answered for lines to be acquired, so far as the information may be available.
35. An estimate of total increase in charges to road and equipment account during the first five (5) years after completion of the new line. If this displaces rental charges on equipment, so show.
36. Any additional facts or reasons to show that the public convenience and necessity require the granting of this application.
41.8 Exhibits required. In the case of applications for authority to construct, there shall be filed with the return to the questionnaire the following exhibits (copies of return need not contain any exhibits except (e) and (f):
(a) A copy of the engineering report of reconnaissance for the proposed line, if records of location surveys are not submitted.
(b) A copy of the specifications as to construction, if any exist. (c) A map of the location projected or actually staked for the proposed line, if such location has been made. This map should show the alignment in detail, with the usual topographic features added. Small maps may be folded accordion fashion to conform to the size of the return. If more than 12 feet long, the maps should be submitted in a continuous roll.
(d) A copy of the best available profile of the proposed line. If more than 12 feet long submit in a continuous roll, otherwise fold to the size of the return.
(e) (1) A detailed estimate of the cost of building the proposed line, with all the necessary appurtenances (except equipment), classified by Interstate Commerce Commission primary accounts; also a concise detail of estimated quantities and prices covering what is set down under accounts Nos. 3 to 12, inclusive. Details may be required
*For statutory and source citations, see note to § 41.1.
for other principal accounts. A complete estimate showing quantities and prices in reasonable detail may be submitted in any form. (2) Detailed estimates of the kind and cost (or rental cost) of the equipment required to handle the estimated traffic separately for the first and the fifth years of complete operation. State whether the equipment is to be bought or rented; show secondhand equipment as such; give number of units, class of service and general type, with the weight and tractive power of locomotives and capacity of freight
(f) If the applicant is a going concern, copies of the income account for the 5 preceding calendar years and for the months of the current year for which the figures are available; also copies of the latest profit and loss account and general balance sheet.
(g) Opinion of counsel that the proposed construction is within the charter powers of the applicant.**
41.9 Verification required.
(Name of affiant)
-makes oath and says that he is the__
(Title of -applicant herein; that he has affiant) (Corporate name of applicant) been authorized by proper corporate action on the part of said applicant to verify and file with the Interstate Commerce Commission the foregoing return to questionnaire of said Commission in respect of the application in Finance Docket No. -; that he has carefully examined all of the statements referred to in said return and the exhibits attached thereto and made a part thereof; that he has knowledge of the matters set forth in such return and that all such statements made and the matters set forth therein are true and correct to the best of his knowledge, information and belief.
Section 42.1 Information to be contained in applications. Such applications shall set forth the following information: (a) Exact corporate name of the applicant.
(b) Whether the applicant is a carrier by railroad subject to the Interstate Commerce Act.
(c) Route and termini of the line proposed to be abandoned with its total length in miles naming each county in which any portion is situated.
**For statutory and source citations, see note to § 41.1.
(d) Whether abandonment of the line itself, or merely of its operation, is sought.
(e) Reasons, briefly stated, why the abandonment should be authorized. (Detailed reasons are to be reserved for the return to the questionnaire hereto annexed.)
(f) Name, title, and post-office address of counsel or officer to whom correspondence in regard to the application should be
(g) Government, State or Territory under the laws of which the applicant was organized. If incorporated under the laws of, or authorized to operate in, more than one State, give the facts in regard thereto.
(h) Reference to action by stockholders or directors of the applicant authorizing the making and filing of the application, giving date and place of meeting.
(i) If the application is made by a receiver or receivers, a certified copy of the court order authorizing the application should be attached, and reference should be made thereto.
(j) The application and each copy thereof shall be accompanied by a situation map on a sheet not larger than 16 x 21 inches, preferably 8 x 102 inches or some multiple thereof. This map must be drawn to scale and the scale shown thereon. It must cover a sufficient territory, showing the railroads, water routes, and important points therein, and in clear relief, the line it is proposed to abandon, and its principal stations. In addition three extra copies of the map should be submitted, unbound, for the use of the Commission.**
*§§ 42.1 to 42.8, inclusive, issued under the authority contained in sec. 402, 41 Stat. 476; 49 U.S.C. 1 (18–21).
†The source of §§ 42.1 to 42.8, inclusive, is In the matter of applications for certificate of public convenience and necessity authorizing the abandonment of lines of railroad or the operation thereof, Interstate Commerce Commission, June 1, 1936, 1 F.R. 586.
42.2 Execution, filing, and disposal of application. The following procedure shall govern the execution, filing and subsequent disposal of the application:
(a) The original application shall be signed by an executive officer of the applicant having knowledge of the matters and things therein set forth, shall be verified under oath, and shall show, among other things, that the affiant is duly authorized by the corporation or court to verify and file the application.
(b) The original application and seven copies for the use of the Commission, and two additional copies for each State in which is situated any part of the line of railroad proposed to be abandoned, shall be filed with the Secretary of the Commission, Washington, D. C. Each copy shall bear the dates and signatures that appear in the original and shall be complete in itself; the signatures in the copies may be stamped or typed, and the notarial seal may be omitted.
(c) Upon receipt of the application, the Commission will: (1) Serve notice thereof on, and file a copy thereof with, the governor and public service commission of each State in which any part of the line of railroad sought to be abandoned is situated, accompanied by an inquiry as to whether the governor or other representative of the State desires to be heard in the matter;
(2) Transmit to the applicant the questionnaire attached hereto and hereby made a part hereof; and a notice of the filing of the application, which notice shall be published by the applicant at least once during each of 3 consecutive weeks in some newspaper of general circulation in each county in which any part of the line of railroad sought to be abandoned is situated.
(d) The return to the questionnaire, duly verified under oath, shall be filed with the Commission as soon as practicable, but not later than 6 weeks after receipt thereof. Action will not be taken on the application and hearing will not be ordered thereon until after the return to the questionnaire, satisfactorily completed in the manner provided for, shall have been received.
(e) The Commission will furnish a copy of the return to the questionnaire to each governor and public service commission to whom a copy of the application was sent.*†
42.3 Form. The application and the return to the questionnaire shall be prepared in typewritten or printed form on paper approximately 82 by 11 inches, with 12 inch margin at the left side for binding.*
42.4 Revocation of previous order. The Order of Division 4 of July 8, 1921 is hereby, revoked.**
42.5 Questionnaire. In the matter of applications under paragraphs (18) to (21), inclusive, section 1, of the Interstate Commerce Act for certificates of public convenience and necessity authorizing the abandonment of lines of railroad or the operation thereof.**
42.6 General instructions. Responses to all questions and requirements of the questionnaire shall be full and complete in every particular. Responses of a general nature will not be acceptable. For estimates and opinions the supporting facts and data shall be given. Information not specifically requested but which may be helpful to the Commission in reaching correct conclusions should be supplied in detail.
In the return to the questionnaire the questions must appear before the answers thereto and must be numbered and lettered as indicated in the questionnaire hereto annexed. Each copy of the return shall bear the dates and signatures that appear in the original and shall be complete in itself; the signatures in the copy may be stamped or typed and the notarial seal may be omitted.
The original return duly verified under oath by an officer or agent of the applicant thereunto properly authorized, and seven copies for the use of the Commission, and two additional copies for each State in which any part of the line of railroad proposed to be abandoned is situated, shall be filed with the Secretary of the Commission, Washington, D. C.*†
**For statutory and source citations, see note to § 42.1.