49 C.F.R. § 1111.1
Pre-filing procedures in stand-alone cost cases
(a) General. At least 70 days prior to the proposed filing of a complaint challenging the reasonableness of a rail rate based on stand-alone cost, complainant shall file a notice with the Board. The notice shall:
(1) Identify the rate to be challenged;
(2) Identify the origin/destination pair(s) to be challenged;
(3) Identify the affected commodities; and
(4) Include a motion for protective order as set forth at 49 CFR 1104.14(c).
(b) Liaison. Within 10 days of the filing of the pre-filing notice, the Board shall appoint a liaison to the parties.
Notes of Decisions
Cited in 5
cases, 1979–2011 · leading case: Matter of Valuation Proceedings, Etc.
Matter of Valuation Proceedings, Etc. (1982)
“49 C.F.R. § 1111.1 (c)(2) (1974). The second phase, partly overlapping the first, would have consisted of the ICC's deliberations over the sales and abandonments.”
Missouri-Kansas-Texas Railroad v. United States (1980)
“49 C.F.R. §§ 1111.1 -.3. The Commission next analyzed in detail the positions of all other parties to the proceeding.”
Kessler v. Surface Transportation Board (2011)
“Under 49 U.S.C. § 11701 , the STB may initiate an investigation of a rail carrier “only on complaint.”
Amoskeag Company v. Interstate Commerce Commission and United States of America, and Maine Central Railroad Co., Interve (1979)
“The ALJ ruled that the request to purchase additional stock lacked sufficient specificity as required by 49 C.F.R. § 1111.1 et seq. The administrative law judge had previously ruled, in May, 1976, that Amoskeag would not be permitted to amend its original application so as to…”
Burlington Northern Railroad v. Interstate Commerce Commission (1993)
“” 49 CFR § 1111.1 (1990). The Montana Department of Agriculture’s complaint as to Burlington’s trainload and multi-car rates was clearly limited to Portland and Seattle; it did not embrace all Pacific Northwest destinations, as is now claimed.”
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