49 C.F.R. § 1144.1
Negotiation
(a) Timing. At least 5 days prior to seeking the prescription of a through route, joint rate, or reciprocal switching, the party intending to initiate such action must first seek to engage in negotiations to resolve its dispute with the prospective defendants.
(b) Participation. Participation or failure to participate in negotiations does not waive a party's right to file a timely request for prescription.
(c) Arbitration. The parties may use arbitration as part of the negotiation process, or in lieu of litigation before the Board.
Notes of Decisions
Cited in 1
case, 1987–1987 · leading case: Baltimore Gas & Elec. Co. v. United States, 817 F.2d 108 (D.C. Cir. 1987).
Baltimore Gas & Elec. Co. v. United States, 817 F.2d 108 (D.C. Cir. 1987). “” 49 C.F.R. § 1144.1 (1986). Conrail argues that the data requirements are arbitrary and capricious because they could be interpreted in an overly burdensome manner.”
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