49 C.F.R. § 1152.37
Financial status reports
Within 30 days after the end of each quarter of the subsidy year, each carrier which is party to the financial assistance agreement shall submit to the subsidizer a Financial Status Report for each line operated under subsidy. Such Financial Status Report shall be in the form prescribed below. Significant deviations from the negotiated estimates must be explained. All data shall be developed in accordance with the methodology set forth in §§ 1152.31 through 1152.35. In the quarterly reports, the actual data for the year to date and a projection to the end of the subsidy year shall be shown for each item.
| Actual | Projected | |
|---|---|---|
| Revenues for: | ||
| 1. Freight originated and/or terminated on branch | ||
| 2. Bridge traffic | ||
| 3. All other revenue and income | ||
| 4. Total revenues (lines 1 through 3) | ||
| Avoidable costs for: | ||
| 5. On-branch costs (lines 5a through 5j) | ||
| a. Maintenance of way and structures | ||
| b. Maintenance of equipment | ||
| c. Transportation | ||
| d. General administrative | ||
| e. Deadheading, taxi, and hotel | ||
| f. Overhead movement | ||
| g. Freight car costs | ||
| h. Return on investment—locomotives | ||
| i. Revenue taxes | ||
| j. Property taxes | ||
| 6. Off-branch costs | ||
| 7. Total avoidable costs (line 5 plus line 6) | ||
| Subsidization costs for: | ||
| 8. Rehabilitation | ||
| 9. Administrative costs | ||
| 10. Casualty | ||
| 11. Total subsidization costs (lines 8 through 10) | ||
| Return on value: | ||
| 12. Valuation of property (lines 12a through 12c) | ||
| a. Working capital | ||
| b. Income tax consequences | ||
| c. Net liquidation value | ||
| 13. Rate of return | ||
| 14. Total return on value (line 12 times line 13) | ||
| Subsidy payment: | ||
| 15. Subsidy payment (line 4 minus lines 7, 11, and 14) |
Notes of Decisions
Cited in 2
cases, 1985–1994 · leading case: Grand Prairie Coop, Inc. v. Interstate Com. Comm'n, 16 F.3d 789 (7th Cir. 1994).
Grand Prairie Coop, Inc. v. Interstate Com. Comm'n, 16 F.3d 789 (7th Cir. 1994). “49 C.F.R. § 1152.37 . But the rules do not resolve all questions concerning allowable costs; the question is whether the “methodology” laid down in the challenged order does so.”
Illinois Com. Comm'n v. Interstate Com. Comm'n, 776 F.2d 355 (D.C. Cir. 1985). “” For purposes of the statutorily required “annual subsidy,” § 10905(b)(1), those outflows, which may change from year to year, must be calculated on an annual basis — as the Commission’s regulations themselves acknowledge, see 49 C.F.R. § 1152.37 . When cash payments to the…”
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