DOT 49 CFR PART 1121-2010 RAIL EXEMPTION PROCEDURES.pdf

1、150 49 CFR Ch. X (10110 Edition) 1120.1 1120.2 Purpose. AUTHORITY: 49 U.S.C. 721, 13701, 13703. 1120.1 Scope. The provisions of this part apply only to Class I and II motor common car-riers of general freight subject to ac-counting instruction number 27 of the Boards Uniform System of Accounts (49 C

2、FR Part 1207). 47 FR 36184, Aug. 19, 1982. Redesignated at 47 FR 49570, Nov. 1, 1982 1120.2 Purpose. In any proceeding requiring the de-velopment of platform handling times for distribution of platform expense, carriers may use the results of the na-tional weight formula contained in the Boards stud

3、y, entitled 19771978 Motor Carrier Platform Study, Statement 2S1 79. 47 FR 36184, Aug. 19, 1982. Redesignated at 47 FR 49570, Nov. 1, 1982 PART 1121RAIL EXEMPTION PROCEDURES Sec. 1121.1 Scope. 1121.2 Discovery. 1121.3 Content. 1121.4 Procedures. AUTHORITY: 49 U.S.C. 10502 and 10704. SOURCE: 61 FR 52

4、714, 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 al

5、so apply to notices of ex-emption. 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 peti-tion for revocation of an exemption. In petitions to revoke an exemption, a party must indica

6、te in the petition whether it is seeking discovery. If it is, the party must file its discovery re-quests at the same time it files its peti-tion to revoke. Discovery shall be com-pleted 30 days after the petition to re-voke is filed. The party seeking dis-covery may supplement its petition to revok

7、e 45 days after the petition is filed. Replies to the supplemental peti-tion are due 15 days after the supple-mental petition is filed. 1121.3 Content. (a) A party filing a petition for ex-emption shall provide its case-in-chief, along with its supporting evidence, workpapers, and related documents

8、at the time it files its petition. (b) A petition must comply with en-vironmental 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 infor-mation at the time it

9、files its petition. Information later obtained through discovery can be submitted in a supple-mental petition pursuant to 49 CFR 1121.2. (d) Transactions imposing interchange commitments. (1) If a proposed acquisi-tion or operation of a rail line involves a provision or agreement that may limit futu

10、re 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 commit-ment), the following additional infor-mation must be provided: (i) The existence of th

11、at provision or agreement and identification of the af-fected interchange points; and (ii) A confidential, complete version of the document(s) containing or ad-dressing that provision or agreement, which may be filed with the Board under 49 CFR 1104.14(a) and will be kept confidential without need f

12、or the filing of an accompanying motion for a pro-tective order under 49 CFR 1104.14(b). (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 paragra

13、ph (d)(1) of this section by filing, and serving upon the petitioner, a Motion for Access to Confidential Documents, containing: VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00160 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleN

14、o reproduction or networking permitted without license from IHS-,-,-151 Surface Transportation Board, DOT 1121.4 (i) An explanation of the partys need for the information; and (ii) An appropriate draft protective order and confidentiality under-taking(s) that will ensure that the doc-uments are kept

15、 confidential. (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 mo-tion is filed. (iii) Parties must produce the rel-evant documents within 5 days of re-ceipt of a Board approve

16、d, signed con-fidentiality agreement. 61 FR 52714, Oct. 8, 1996, as amended at 73 FR 31034, May 30, 2008 1121.4 Procedures. (a) Exemption proceedings are infor-mal, and public comments are gen-erally not sought during consideration of exemption petition proposals, except as provided in 1121.4(c). Ho

17、wever, the Board may consider during its delibera-tion any public comments filed in re-sponse 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

18、 REGISTER. (c)(1) If the impact of the proposed individual exemption cannot be ascertained from the information con-tained in the petition or accompanying submissions, or significant adverse im-pacts might occur if the proposed ex-emption were granted, the Board may, in its discretion: (i) Direct th

19、at additional information be filed; or (ii) Publish a notice in the FEDERAL REGISTER requesting public comments. (2) If a petition for a new class ex-emption is filed, the Board will publish a notice in the FEDERAL REGISTER re-questing public comments before granting the class exemption. This re-qui

20、rement does not pertain to indi-vidual notices of exemption filed under existing class exemptions. The Board may deny a request for a class exemp-tion without seeking public comments. (d) Exemption petitions containing proposals that are directly related to and concurrently filed with a primary appl

21、ication 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 ex-emption. Unless otherwise provided in the decision, petitions to stay must be filed w

22、ithin 10 days of the service date, and petitions for reconsideration or pe-titions 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 rev-

23、ocation has the burden of showing that the revocation criteria of 49 U.S.C. 10502(d) have been met. (g) In abandonment exemptions, peti-tions to revoke in part to impose pub-lic 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

24、 consummation of the abandon-ment, except that public use conditions may not prohibit disposal of the prop-erties for any more than the statutory limit of 180 days after the effective date of the decision granting the ex-emption. (h) In transactions for the acquisi-tion or operation of rail lines by

25、 Class II rail carriers under 49 U.S.C. 10902, the exemption may not become effec-tive until 60 days after applicant cer-tifies 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

26、 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, Sep

27、t. 10, 1997; 64 FR 46595, Aug. 26, 1999 PARTS 11221129 RESERVED Parts 11301149Rate Procedures VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00161 Fmt 8010 Sfmt 8006 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-