49 CFR part 1121

§ 1116.1

49 CFR Ch. X (10–1–16 Edition)

SOURCE: 47 FR 49569, Nov. 1, 1982, unless
otherwise noted.

§ 1116.1 Requests.
(a) Addressee. Requests for oral argument should be addressed to the Chief,
Section of Administration, Office of
Proceedings, Surface Transportation
Board, Washington, DC 20423–0001.
(b) Who may request? Any party may
submit a written request for oral argument and state the reasons for the request. No replies from other parties to
the request shall be made.
(c) When to file a request. Requests for
oral argument should be filed within 20
days after the date of service of the decision, order, or requirement being appealed, unless the Board by order prescribes a different time period.
(d) Granting of request. The Board will
rule upon requests by decision, and the
granting of requests is entirely at the
discretion of the Board.
[47 FR 49569, Nov. 1, 1982, as amended at 74
FR 52908, Oct. 15, 2009]

§ 1119.1 Compliance.
A defendant or respondent directed
by the Board to do or desist from doing
a particular thing must notify the
Board on or before the compliance date
specified in the decision of the manner
of compliance. Notification should be
by verified affidavit showing simultaneous service upon all parties to the
proceeding. Where a change in rates or
schedules is directed, notification
specifying the Surface Transportation
Board tariff or schedule numbers must
be given in addition to the filing of
proper tariffs or schedules.
[47 FR 49570, Nov. 1, 1982]

PART 1120—USE OF 1977–1978
STUDY OF MOTOR CARRIER PLATFORM HANDLING FACTORS
Sec.
1120.1
1120.2

Scope.
Purpose.

AUTHORITY: 49 U.S.C. 721, 13701, 13703.

§ 1116.2 Manner of presentation.
Proponents of a rule or order will be
heard first, and opponents will be heard
second. One counsel only will usually
be heard for each of the opposing interests, unless additional presentations
are specifically authorized.

§ 1120.1 Scope.
The provisions of this part apply only
to Class I and II motor common carriers of general freight subject to accounting instruction number 27 of the
Board’s Uniform System of Accounts
(49 CFR Part 1207).

PART 1117—PETITIONS (FOR RELIEF)
NOT OTHERWISE COVERED

[47 FR 36184, Aug. 19, 1982. Redesignated at 47
FR 49570, Nov. 1, 1982]

AUTHORITY: 49 U.S.C. 721.

§ 1117.1 Petitions.
A party seeking relief not provided
for in any other rule may file a petition for such relief. The petition should
contain (a) a short, plain statement of
the grounds upon which the Board’s jurisdiction is based; (b) a short plain
statement of the claim showing that
the petitioner is entitled to relief; and
(c) a demand for the relief the petitioner believes is appropriate.

§ 1120.2 Purpose.
In any proceeding requiring the development of platform handling times
for distribution of platform expense,
carriers may use the results of the national weight formula contained in the
Board’s study, entitled 1977–1978 Motor
Carrier Platform Study, Statement 2S1–
79.
[47 FR 36184, Aug. 19, 1982. Redesignated at 47
FR 49570, Nov. 1, 1982]

PART 1121—RAIL EXEMPTION
PROCEDURES

lpowell on DSK54DXVN1OFR with $$_JOB

[47 FR 49569, Nov. 1, 1982]
Sec.
1121.1
1121.2
1121.3
1121.4

PART 1119—COMPLIANCE WITH
BOARD DECISIONS

Scope.
Discovery.
Content.
Procedures.

AUTHORITY: 49 U.S.C. 10502 and 10704.

AUTHORITY: 49 U.S.C. 721.

154

VerDate Sep<11>2014

14:59 Nov 07, 2016

Jkt 238232

PO 00000

Frm 00164

Fmt 8010

Sfmt 8010

Q:\49\49V8.TXT

31

Surface Transportation Board

§ 1121.3

SOURCE: 61 FR 52714, Oct. 8, 1996, unless
otherwise noted.

§ 1121.1 Scope.
These procedures generally govern
petitions filed under 49 U.S.C. 10502 to
exempt a transaction or service from 49
U.S.C. subtitle IV, or any provision of
49 U.S.C. subtitle IV, or to revoke an
exemption previously granted. These
procedures also apply to notices of exemption.

lpowell on DSK54DXVN1OFR with $$_JOB

§ 1121.2 Discovery.
Discovery shall follow the procedures
set forth at 49 CFR part 1114, subpart
B. Discovery may begin upon the filing
of the petition for exemption or petition for revocation of an exemption. In
petitions to revoke an exemption, a
party must indicate in the petition
whether it is seeking discovery. If it is,
the party must file its discovery requests at the same time it files its petition to revoke. Discovery shall be completed 30 days after the petition to revoke is filed. The party seeking discovery may supplement its petition to
revoke 45 days after the petition is
filed. Replies to the supplemental petition are due 15 days after the supplemental petition is filed.
§ 1121.3 Content.
(a) A party filing a petition for exemption shall provide its case-in-chief,
along with its supporting evidence,
workpapers, and related documents at
the time it files its petition.
(b) A petition must comply with environmental or historic reporting and
notice requirements of 49 CFR part
1105, if applicable.
(c) A party seeking revocation of an
exemption or a notice of exemption
shall provide all of its supporting information at the time it files its petition.
Information later obtained through
discovery can be submitted in a supplemental petition pursuant to 49 CFR
1121.2.
(d) Interchange Commitments. (1) The
filing party must certify whether or
not a proposed acquisition or operation
of a rail line involves a provision or
agreement that may limit future interchange with a third-party connecting
carrier, whether by outright prohibition, per-car penalty, adjustment in

the purchase price or rental, positive
economic inducement, or other means
(‘‘interchange commitment’’). If such a
provision exists, the following additional information must be provided
(the
information
in
paragraphs
(d)(1)(ii), (iv), (vii) of this section may
be filed with the Board under 49 CFR
1104.14(a) and will be kept confidential
without need for the filing of an accompanying motion for a protective
order under 49 CFR 1104.14(b)):
(i) The existence of that provision or
agreement and identification of the affected interchange points; and
(ii) A confidential, complete version
of the document(s) containing or addressing that provision or agreement;
(iii) A list of shippers that currently
use or have used the line in question
within the last two years;
(iv) The aggregate number of carloads those shippers specified in paragraph (d)(1)(iii) of this section originated or terminated (confidential);
(v) A certification that the filing
party has provided notice of the proposed transaction and interchange
commitment to the shippers identified
in paragraph (d)(1)(iii) of this section;
(vi) A list of third party railroads
that could physically interchange with
the line sought to be acquired or
leased;
(vii) An estimate of the difference between the sale or lease price with and
without the interchange commitment
(confidential);
(viii) A change in the case caption so
that the existence of an interchange
commitment is apparent from the case
title.
(2) To obtain information about an
interchange commitment for use in a
proceeding before the Board, a shipper
or other affected party may be granted
access to the confidential documents
filed pursuant to paragraph (d)(1) of
this section by filing, and serving upon
the petitioner, a ‘‘Motion for Access to
Confidential Documents,’’ containing:
(i) An explanation of the party’s need
for the information; and
(ii) An appropriate draft protective
order
and
confidentiality
undertaking(s) that will ensure that the documents are kept confidential.

155

VerDate Sep<11>2014

14:59 Nov 07, 2016

Jkt 238232

PO 00000

Frm 00165

Fmt 8010

Sfmt 8010

Q:\49\49V8.TXT

31

§ 1121.4

49 CFR Ch. X (10–1–16 Edition)

(3) Deadlines. (i) Replies to a Motion
for Access are due within 5 days after
the motion is filed.
(ii) The Board will rule on a Motion
for Access within 30 days after the motion is filed.
(iii) Parties must produce the relevant documents within 5 days of receipt of a Board approved, signed confidentiality agreement.

lpowell on DSK54DXVN1OFR with $$_JOB

[61 FR 52714, Oct. 8, 1996, as amended at 73 FR
31034, May 30, 2008; 78 FR 54590, Sept. 5, 2013]

§ 1121.4 Procedures.
(a) Exemption proceedings are informal, and public comments are generally not sought during consideration
of exemption petition proposals, except
as provided in § 1121.4(c). However, the
Board may consider during its deliberation any public comments filed in response to a petition for exemption.
(b) If the Board determines that the
criteria in 49 U.S.C. 10502 are met for
the proposed exemption, it will issue
the exemption and publish a notice of
exemption in the FEDERAL REGISTER.
(c)(1) If the impact of the proposed
individual
exemption
cannot
be
ascertained from the information contained in the petition or accompanying
submissions, or significant adverse impacts might occur if the proposed exemption were granted, the Board may,
in its discretion:
(i) Direct that additional information
be filed; or
(ii) Publish a notice in the FEDERAL
REGISTER requesting public comments.
(2) If a petition for a new class exemption is filed, the Board will publish
a notice in the FEDERAL REGISTER requesting
public
comments
before
granting the class exemption. This requirement does not pertain to individual notices of exemption filed under
existing class exemptions. The Board
may deny a request for a class exemption without seeking public comments.
(d) Exemption petitions containing
proposals that are directly related to
and concurrently filed with a primary
application will be considered along
with that primary application.
(e) Unless otherwise specified in the
decision, an exemption generally will
be effective 30 days from the service
date of the decision granting the exemption. Unless otherwise provided in

the decision, petitions to stay must be
filed within 10 days of the service date,
and petitions for reconsideration or petitions to reopen under 49 CFR part
1115 or 49 CFR 1152.25(e) must be filed
within 20 days of the service date.
(f) Petitions to revoke an exemption
or the notice of exemption may be filed
at any time. The person seeking revocation has the burden of showing that
the revocation criteria of 49 U.S.C.
10502(d) have been met.
(g) In abandonment exemptions, petitions to revoke in part to impose public use conditions under 49 CFR 1152.28,
or to invoke the Trails Act, 16 U.S.C.
1247(d), may be filed at any time prior
to the consummation of the abandonment, except that public use conditions
may not prohibit disposal of the properties for any more than the statutory
limit of 180 days after the effective
date of the decision granting the exemption.
(h) In transactions for the acquisition or operation of rail lines by Class
II rail carriers under 49 U.S.C. 10902,
the exemption may not become effective until 60 days after applicant certifies to the Board that it has posted at
the workplace of the employees on the
affected line(s) and served a notice of
the transaction on the national offices
of the labor unions with employees on
the affected line(s), setting forth the
types and numbers of jobs expected to
be available, the terms of employment
and principles of employee selection,
and the lines that are to be transferred.
[61 FR 52714, Oct. 8, 1996, as amended at 61 FR
58491, Nov. 15, 1996; 62 FR 47583, Sept. 10, 1997;
64 FR 46595, Aug. 26, 1999]

PARTS 1122–1129 [RESERVED]
Parts 1130–1149—Rate Procedures
PART 1130—INFORMAL
COMPLAINTS
Sec.
1130.1
1130.2

When no damages sought.
When damages sought.

AUTHORITY: 49 U.S.C. 721, 13301(f), 14709.

§ 1130.1 When no damages sought.
(a) Form and content; copies. Informal
complaint may be by letter or other

156

VerDate Sep<11>2014

14:59 Nov 07, 2016

Jkt 238232

PO 00000

Frm 00166

Fmt 8010

Sfmt 8010

Q:\49\49V8.TXT

31