DOT 49 CFR PART 1133-2010 RECOVERY OF DAMAGES.pdf

1、155 Surface Transportation Board, DOT 1133.2 1Here insert name of person paying charges in the first instance, and state whether as consignor, consignee, or in what other capacity. 2For concurring certificate in case col-lecting carrier is not a defendant. 3If not a defendant, strike out the word de

2、fendant. any such petition disclose a need for accelerated action, such action may be taken before expiration of the time al-lowed for reply. In all other respects, such petitions and replies thereto will be governed by the rules of general ap-plicability of the Rules of Practice. PART 1133RECOVERY

3、OF DAMAGES Sec. 1133.1 Freight bill filing requirement under modified procedure. 1133.2 Statement of claimed damages based on Board findings. AUTHORITY: 49 U.S.C. 721. SOURCE: 47 FR 49575, Nov. 1, 1982, unless otherwise noted. 1133.1 Freight bill filing requirement under modified procedure. If, unde

4、r modified procedure (for gen-eral rules governing modified proce-dure, see part 1112), an award of dam-ages is sought, complainant should submit the paid freight bills or prop-erly certified copies with its statement when there are not more than 10 ship-ments; if more than 10 shipments are involved

5、, complainant should retain the documents. 1133.2 Statement of claimed damages based on Board findings. (a) When the Board finds that dam-ages are due, but that the amount can-not be ascertained upon the record be-fore it, the complainant should imme-diately prepare a statement showing details of th

6、e shipments on which dam-ages are claimed, in accordance with the following form: Claim of lll under decision of the Sur-face Transportation Board in Docket No. lll. lll Date of shipment. lll Date of delivery or tender of deliv-ery. lll Date charges were paid. lll Car (or vessel) initials. lll Car (

7、or voyage) number. lll Origin. lll Destination. lll Route. lll Commodity. lll Weight. lll Rate. lll Amount. lll Rate. lll Amount. lll Reparation on basis of Boards deci-sion. lll Charges paid by.1Claimant hereby certifies that this state-ment includes claims only on shipments cov-ered by the finding

8、s in the docket above de-scribed and contains no claim for reparation previously filed with the Board by or on be-half of claimant or, so far as claimant knows, by or on behalf of any person, in any other proceedings, except as follows: (Here indicate any exceptions, and explanation thereof). llllll

9、llllllllllllllllll(Claimant) By llllllllllllllllllllll(Practitioner) llllllllllllllllllllllll(Address) llllllllllllllllllllllll(Date) Total amount of reparation $lll. The undersigned hereby certifies that this state-ment has been checked against the records of this company and found correct. Date ll

10、l Concurred2in: lll Company lll Company, Defendant Collecting Car-rier, Defendant3. lll By lll, Auditor. By lll, Auditor. (b) The statement should not include any shipment not covered by the Boards findings, or any shipment on which complaint was not filed with the Board within the statutory period.

11、 The filing of a statement will not stop the running of the statute of limitations as to shipments not covered by complaint or supplemental complaint. If the ship-ments moved over more than one route, a separate statement should be prepared for each route, and separately numbered, except that shipme

12、nts as to which the collecting carrier is in each instance the same may be listed in a single statement if grouped according to routes. The statement, together with the paid freight bills on the ship-ments, or true copies thereof, should then be forwarded to the carrier which collected the charges,

13、for verification and certification as to its accuracy. If the statement is not forwarded imme-diately to the collecting carrier for VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00165 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for Resa

14、leNo reproduction or networking permitted without license from IHS-,-,-156 49 CFR Ch. X (10110 Edition) Pt. 1135 certification, a letter request from de-fendants that forwarding be expedited will be considered to the end that steps be taken to have the statement for-warded immediately. All discrepan

15、cies, duplications, or other errors in the statements should be adjusted by the parties and corrected agreed state-ments submitted to the Board. The cer-tificate must be signed in ink by a gen-eral accounting officer of the carrier and should cover all of the information shown in the statement. If t

16、he carrier which collected the charges is not a de-fendant in the case, its certificate must be concurred in by like signature on behalf of a carrier defendant. State-ments so prepared and certified shall be filed with the Board whereupon it will consider entry of a decision award-ing damages. 47 FR

17、 49575, Nov. 1, 1982, as amended at 64 FR 53268, Oct. 1, 1999 PART 1135RAILROAD COST RECOVERY PROCEDURES Sec. 1135.1 Quarterly adjustment. 1135.2 Revenue Shortfall Allocation Method: Annual State tax information. AUTHORITY: 5 U.S.C. 553, and 49 U.S.C. 721, 10701, 10704, 10708, and 11145. 1135.1 Quar

18、terly adjustment. To enable the Board to publish the rail cost adjustment factor (RCAF) as required by 49 U.S.C. 10708, the Associa-tion of American Railroads (AAR) shall calculate and file with the Board by the fifth day of December, March, June and September of each year its forecast for the next

19、calendar quarter of the all- inclusive index of railroad costs and calculate and file the RCAF unadjusted for changes in railroad productivity as prescribed in Railroad Cost Recovery Procedures, 1 I.C.C.2d 207 (1984), and any subsequent amendments thereto. In ad-dition, the AAR shall calculate the p

20、roductivity-adjusted RCAF as pre-scribed in Railroad Cost Recovery Proce-dures, 5 I.C.C.2d 434 (1989), and any sub-sequent amendments thereto. The AAR shall submit workpapers detailing its calculations. The Board will review and verify the AAR submissions and make its RCAF publication by the twentie

21、th day of December, March, June and Sep-tember of each year. 67 FR 55166, Aug. 28, 2002 1135.2 Revenue Shortfall Allocation Method: Annual State tax informa-tion. (a) To enable the Board to calculate the revenue shortfall allocation meth-od (RSAM), which is one of the three benchmarks that are used

22、to determine the reasonableness of a challenged rate under one standard of the Boards Sim-plified Standards for Rail Rate Cases, STB Docket No. 646 (Sub-No. 1) (STB served Sept. 5, 2007), the Association of American Railroads (AAR) shall file with the Board, on or before May 30, the weighted average

23、 State tax rates applicable to each Class I railroad for the previous year. The AAR shall sub-mit workpapers detailing its calcula-tions. (b) The Board will serve and publish a notice of the filing in the FEDERAL REGISTER within 10 days of the AARs filing. (c) Any interested party may file comments

24、on the AARs filing within 30 days of the notice described in para-graph (b) of this section. If no com-ments are received within 30 days, the Board will automatically adopt the AARs weighted average State tax rates on the 31st day. If comments op-posing the AARs calculations are re-ceived, the AARs

25、response will be due within 20 days of the comments. The Board will review the submission and comments and serve a decision within 60 days from the date of the close of the record that either accepts, rejects, or modifies the AARs railroad-specific tax information. 75 FR 8818, Feb. 26, 2010 PART 113

26、9PROCEDURES IN MOTOR CARRIER REVENUE PRO-CEEDINGS Subpart ACommon Carriers of General Commodities Sec. 1139.1 Application. 1139.2 Traffic study. 1139.3 Cost study. 1139.4 Revenue need. 1139.5 Affiliate data. VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00166 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-