Complaint form

§ 1111.2 Content of formal complaints; joinder., 49 C.F.R. § 1111.2

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Code of Federal Regulations
Title 49. Transportation
Subtitle B. Other Regulations Relating to Transportation
Chapter X. Surface Transportation Board (Refs & Annos)
Subchapter B. Rules of Practice
Parts 1100 to 1129—Rules of General Applicability
Part 1111. Complaint and Investigation Procedures (Refs & Annos)
49 C.F.R. § 1111.2
§ 1111.2 Content of formal complaints; joinder.
Effective: December 30, 2017
Currentness
(a) General. A formal complaint must contain the correct, unabbreviated names and addresses of each complainant and
defendant. It should set forth briefly and in plain language the facts upon which it is based. It should include specific reference
to pertinent statutory provisions and Board regulations, and should advise the Board and the defendant fully in what respects
these provisions or regulations have been violated. The complaint should contain a detailed statement of the relief requested.
Relief in the alternative or of several different types may be demanded, but the issues raised in the formal complaint should not
be broader than those to which complainant's evidence is to be directed. In a complaint challenging the reasonableness of a rail
rate, the complainant should indicate whether, in its view, the reasonableness of the rate should be examined using constrained
market pricing or using the simplified standards adopted pursuant to 49 U.S.C. 10701(d)(3). If the complainant seeks to use the
simplified standards, it should support this request by submitting, at a minimum, the following information:
(1) The carrier or region identifier.
(2) The type of shipment (local, received-terminated, etc.).
(3) The one-way distance of the shipment.
(4) The type of car (by URCS code).
(5) The number of cars.
(6) The car ownership (private or railroad).
(7) The commodity type (STCC code).

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§ 1111.2 Content of formal complaints; joinder., 49 C.F.R. § 1111.2

(8) The weight of the shipment (in tons per car).
(9) The type of movement (individual, multi-car, or unit train).
(10) A narrative addressing whether there is any feasible transportation alternative for the challenged movements.
(11) For matters for which voluntary, binding arbitration is available pursuant to 49 CFR part 1108, the complaint shall
state that arbitration was considered, but rejected, as a means of resolving the dispute.
(b) Disclosure with simplified standards complaint. The complainant must provide to the defendant all documents relied upon
in formulating its assessment of a feasible transportation alternative and all documents relied upon to determine the inputs to
the URCS Phase III program.
(c) Multiple causes of action. Two or more grounds of complaint concerning the same principle, subject, or statement of facts
may be included in one complaint, but should be stated and numbered separately.
(d) Joinder. Two or more complainants may join in one complaint against one or more defendants if their respective causes of
action concern substantially the same alleged violations and like facts.
(e) Request for access to waybill data. Parties needing access to the Waybill Sample to prepare their case should follow the
procedures set forth at 49 CFR 1244.9.
(f) Discovery in stand-alone cost cases. Upon filing its complaint, the complainant shall certify that it has served its initial
discovery requests on the defendant.
SOURCE: 81 FR 33416, May 26, 2016; 82 FR 57379, Dec. 5, 2017, unless otherwise noted.
AUTHORITY: 49 U.S.C. 10704, 11701, and 1321.

Notes of Decisions (3)
Current through July 9, 2020; 85 FR 41319.
End of Document

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