266.7—Project eligibility.
(a) Rail service continuation assistance, acquisition assistance and substitute service assistance.
A project is eligible for assistance under § 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 § 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application for a certificate of abandonment or discontinuance of rail service on the line related to the project is withdrawn within a reasonable period (as determined by the Administrator) following the execution of the grant agreement and before Federal funds are disbursed for the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 sub sections 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
(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.