49 CFR Part 1146

Surface Transportation Board, DOT

§ 1147.1

PART 1146—EXPEDITED RELIEF FOR
SERVICE EMERGENCIES
AUTHORITY: 49 U.S.C. 721, 11101, and 11123.

rfrederick on PROD1PC67 with CFR

§ 1146.1 Prescription of alternative rail
service.
(a) General. Alternative rail service
will be prescribed under 49 U.S.C.
11123(a) if the Board determines that,
over an identified period of time, there
has been a substantial, measurable deterioration or other demonstrated inadequacy in rail service provided by
the incumbent carrier.
(b)(1) Petition for Relief. Affected shippers or railroads may seek the relief
described in paragraph (a) of this section by filing an appropriate petition
containing:
(i) A full explanation, together with
all supporting evidence, to demonstrate that the standard for relief
contained in paragraph (a) of this section is met;
(ii) A summary of the petitioner’s
discussions with the incumbent carrier
of the service problems and the reasons
why the incumbent carrier is unlikely
to restore adequate rail service consistent with current transportation
needs within a reasonable period of
time;
(iii) A commitment from another
available railroad to provide alternative service that would meet current
transportation needs (or, if the petitioner is a railroad and does not have
an agreement from the alternative carrier, an explanation as to why it does
not), and an explanation of how the alternative service would be provided
safely without degrading service to the
existing customers of the alternative
carrier and without unreasonably
interfering with the incumbent’s overall ability to provide service; and
(iv) A certification of service of the
petition, by hand or by overnight delivery, on the incumbent carrier, the proposed alternative carrier, and the Federal Railroad Administration.
(2) Reply. The incumbent carrier
must file a reply to a petition under
this paragraph within five (5) business
days.

(3) Rebuttal. The party requesting relief may file rebuttal no more than
three (3) business days later.
(c) Presumption of continuing need.
Unless otherwise indicated in the
Board’s order, a Board order issued
under paragraph (a) of this section
shall establish a rebuttable presumption that the transportation emergency will continue for more than 30
days from the date of that order.
(d)(1) Petition to terminate relief.
Should the Board prescribe alternative
rail service under paragraph (a), of this
section the incumbent carrier may subsequently file a petition to terminate
that relief. Such a petition shall contain a full explanation, together with
all supporting evidence, to demonstrate that the carrier is providing,
or is prepared to provide, adequate
service. Carrier are admonished not to
file such a petition prematurely.
(2) Reply. Parties must file replies to
petitions to terminate filed under this
subsection within five (5) business
days.
(3) Rebuttal. The incumbent carrier
may file any rebuttal no more than
three (3) business days later.
(e) Service. All pleadings under this
part shall be served by hand or overnight delivery on the Board, the other
parties, and the Federal Railroad Administration.
[63 FR 71401, Dec. 28, 1998]

PART 1147—TEMPORARY RELIEF
UNDER 49 U.S.C. 10705 AND
11102 FOR SERVICE INADEQUACIES
AUTHORITY: 49 U.S.C. 721, 10705, 11101, and
11102.

§ 1147.1 Prescription of alternative rail
service.
(a) General. Alternative rail service
will be prescribed under 49 U.S.C.
11102(a), 11102(c) or 10705(a) if the Board
determines that, over an identified period of time, there has been a substantial, measurable deterioration or other
demonstrated inadequacy in rail service provided by the incumbent carrier.
(b)(1) Petition for Relief. Affected shippers or railroads may seek relief described in paragraph (a) of this section

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