Kan. Admin. Regs. § 36-39-2 - Definitions
As used in this article, the following terms shall have the meanings specified in this regulation.
(a) "Applicant" means any qualified entity
that submits an application to the secretary for a loan guarantee, a loan, or a
grant.
(b) "Board" means the surface
transportation board.
(c)
"Equipment" means any type of new or rebuilt standard gauge locomotive or
general service railroad freight car. General service railroad freight cars may
include a boxcar, gondola, open-top or covered hopper car, and
flatcar.
(d) "Facilities" means the
following:
(1) The track, roadbed, and related
structures, including rail, ties, ballast, other track materials, grading,
tunnels, bridges, trestles, culverts, repair shops, connecting tracks, and
public improvements used or usable for rail service operations;
(2) signals and interlockers; and
(3) terminal or yard facilities, including
trailer-on-flat-car and container-on-flatcar terminals, railroad terminal and
switching facilities, and service to express companies and railroads and their
shippers.
(e) "F.R.A."
means federal railroad administration of the United States department of
transportation.
(f) "Governmental
unit" means any town, city, district, county, commission, agency, authority,
board, or other instrumentality of the state or of any of its political
subdivisions, including any combination thereof, or a port authority
established in accordance with Kansas law.
(g) "Lender" means the obligee, holder, or
creditor under an obligation, except that when a bank or trust company is
acting as agent or trustee for such an obligee, holder, or creditor, pursuant
to an agreement to which the obligor is a part, the term shall refer to the
bank or trust company.
(h) "Loan
guarantee" means a guarantee by the state of Kansas to pay off the remaining
principal of a specific loan under the terms of K.A.R. 36-39-3.
(i) "Obligation" means a loan, note,
conditional sale agreement, security agreement, or other obligation issued or
granted to finance or refinance facilities or equipment acquisition,
construction, rehabilitation, or improvement.
(j) "Obligor" means the debtor under an
obligation, including the original debtor and any successor or assignee of the
debtor who is approved by the secretary.
(k) "Qualified entity" means any of the
following:
(1) Any class II railroad or class
III railroad, as defined in 49 C.F.R. 1201.1-1(a), holding a certificate of
public convenience from the surface transportation board. 49 C.F.R.
1201.1-1(a), as in effect on August 5, 2010, is hereby adopted by
reference;
(2) any class I
railroad, as defined in 49 C.F.R. 1201.1-1(a), which is adopted by reference in
paragraph (k)(1), that holds a certificate of public convenience from the
surface transportation board and is engaged in the construction and maintenance
of railroads, facilities and equipment in Kansas in conjunction with the
development of an intermodal facility, as defined in
K.S.A. 75-5082 and amendments thereto; or
(3) any governmental unit or Kansas shipper
in coordination with a railroad that seeks to facilitate the financing,
acquisition, or rehabilitation of railroads, facilities, equipment, and rolling
stock in the state of Kansas.
(l) "Secretary" means the secretary of the
Kansas department of transportation or the secretary's designee.
Notes
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