49 C.F.R. § 1101.2

Definitions applicable to this subchapter

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(a) Act or Interstate Commerce Act means subtitle IV of title 49 of the United States Code (49 U.S.C. 10101 et seq.).

(b) Board means (1) the Surface Transportation Board and (2) any body or individual to which or to whom decision making authority is assigned by the Board or the Chairman of the Board, including the Chairman, another Board Member, employee board, an individual employee, an administrative law judge, or other hearing officer entitled to act in a particular proceeding. See 49 CFR part 1011, Board Organization; Delegations of Authority.

(d) Party means a complainant, defendant, applicant, respondent, protestant, intervener, or petitioner in any proceeding, or other persons permitted or directed by the Board to participate in a proceeding. It will not include persons merely signing certificates of support or witnesses at oral hearing or in modified procedure proceedings, unless they are otherwise a party to the proceeding. Persons on the docket service list merely for the purpose of receiving copies of Board releases are not considered parties to the proceeding.

(e) Proceeding includes:

(1) An informal complaint filed under §§ 1130.1, or 1130.2 or a formal complaint alleging violation of any provision of the Act or of any regulation or requirement made pursuant to a power granted by such Act, including petitions on special dockets;

(2) An application for (i) the granting of any right, privilege, authority, or relief under or from any provision of the Act or of any regulation or requirement made pursuant to a power granted by such Act, or (ii) the consideration of any submission required by law to be made to the Board;

(3) An investigation instituted by the Board;

(4) A rulemaking proposal instituted by the Board; or

(5) A petition for exemption filed under 49 U.S.C. 10502 requesting the Board to exempt from application all or part of subtitle IV of title 49 of the United States Code any person, class of persons, transaction, or service related to a rail carrier.

[47 FR 49548, Nov. 1, 1982, as amended at 50 FR 30275, July 25, 1985; 64 FR 53267, Oct. 1, 1999; 69 FR 58365, Sept. 30, 2004; 81 FR 8852, Feb. 23, 2016]

Notes of Decisions

Cited in 4 cases, 1985–2006 · leading case: Schoenmann Produce Co. v. Burlington N. & Santa Fe Ry. Co., 420 F. Supp. 2d 757 (S.D. Tex. 2006).

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Schoenmann Produce Co. v. Burlington N. & Santa Fe Ry. Co., 420 F. Supp. 2d 757 (S.D. Tex. 2006). “See 49 C.F.R. 1101.2(a) The Board exempted rail shipments of certain agricultural commodities, including potatoes.”

Theodore Polydoroff & Timothy C. Miller v. Interstate Com. Comm'n & United States of Am., 773 F.2d 372 (D.C. Cir. 1985). “See 49 C.F.R. § 1101.2 (d) (1984). In any event the controlling statute, 49 U.”

Clark & Reid Co., Inc. v. United States, 804 F.2d 3 (1st Cir. 1986). “" See 49 C.F.R. 1101.2(d) (1985). 8 The import of the ICC order, however, is not so clear.”

Schneider Nat'l, Inc. v. Interstate Com. Comm'n, 948 F.2d 338 (7th Cir. 1991). · cites it 3× “The ICC’s Rules of General Applicability define ICC “decisions” in 49 C.F.R. § 1101.2 (c). That section states: “ ‘Decision’ means any formal published action of the Commission including orders and notices.”

— 49 C.F.R. § 1101.2(a) — 1 case

— 49 C.F.R. § 1101.2(d) — 1 case

Clark & Reid Co., Inc. v. United States, 804 F.2d 3 (1st Cir. 1986). “" See 49 C.F.R. 1101.2(d) (1985). 8 The import of the ICC order, however, is not so clear.”

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