49 CFR Part 1146 — Expedited Relief for Service Emergencies

PART 1146—EXPEDITED RELIEF FOR SERVICE EMERGENCIES Authority: 49 U.S.C. 1321, 11101, and 11123. § 1146.1 Prescription of alternative rail service or directed action by an incumbent carrier. (a) General. (b) Procedure for petition for relief Petition for relief. (i) A full explanation, together with all supporting evidence, to demonstrate that the standard for relief contained in paragraph (a) of this section is met; (ii) A summary of both the petitioner's discussions with the incumbent carrier of the service problems (including a description of the efforts taken to resolve the matter prior to filing of the petition, verified by a person or persons with knowledge of the efforts taken to resolve the matter), and the reasons why the incumbent carrier is unlikely to restore adequate rail service consistent with the petitioner's current transportation needs within a reasonable period of time; (iii) In a petition that seeks alternative rail service, identification of at least one possible rail carrier to provide alternative service, based on the petitioner's understanding of other rail carriers' nearby operations, that would meet the current transportation needs of the petitioner; and (iv) A detailed explanation of the specific remedy that is being sought. (2) Reply. (3) Rebuttal. (4) Board Decision. (c) Presumption of continuing need. emergency (d) Procedure for petition to terminate relief Petition to terminate relief. (2) Reply. (3) Rebuttal. (e) Service. ServiceEmergency@stb.gov. [89 FR 4578, Jan. 24, 2024] § 1146.2 Accelerated process. (a) Request for accelerated process. (b) Procedure for accelerated process Petition for relief. (i) A particularized description of the commodities and volumes which would be subject to the requested relief and the timing necessary for such relief, including why potential relief under § 1146.1 would be ineffective; (ii) A particularized explanation of how the measurable deterioration or other demonstrated inadequacy, absent the requested relief, presents imminent significant harm and threatens potentially severe adverse consequences as specified in paragraph (a) of this section; (iii) A description of specific and particularized action that could be performed by the incumbent carrier or an alternative carrier and ordered by the Board to relieve the potential harm and adverse consequences; (iv) A summary description of the efforts taken to resolve the matter prior to filing the petition, which must be verified by a person or persons with knowledge of the efforts taken to resolve the matter; and (v) Contact information for the incumbent carrier. (vi) The petition will be limited to five (5) substantive pages, not including the cover page, verifications, or certificate of service. (2) Staff conference. (i) After the Board receives the petition for accelerated relief, a telephonic or virtual conference, led by designated Board staff, will be held no sooner than 24 hours after receipt of the filing, but no later than 48 hours after receipt of the filing, if practicable. Designated Board staff may continue to work on the case after the conference. (ii) Required parties for the conference include the petitioner(s), the incumbent carrier, and any proposed potential alternative carriers and other parties deemed necessary by the Board. Portions of the conference may be closed to certain parties if confidential business information needs to be discussed. The conference will be recorded and later transcribed (with redactions, if necessary), and placed in the public docket of the proceeding. (iii) If applicable, the incumbent carrier or any alternative carrier shall address at the conference whether the remedy proposed by the petitioner is unsafe, infeasible, or will unreasonably impair the carrier's ability to serve other customers. The Board may order the incumbent carrier to submit, or if no such order is issued, the incumbent carrier may choose to submit, within 24 hours of the completion of the conference, an alternative service plan for the Board to consider. Any alternative carrier may also submit, within 24 hours of the completion of the conference, an alternative service plan for the Board to consider. The Board may choose to receive such information either via written submission or a second virtual or telephonic conference, if practicable. (3) Board decision. (c) Petition for reconsideration. (d) Stay of relief. (e) Service. ServiceEmergency@stb.gov. [89 FR 4579, Jan. 24, 2024]

Related documents

• 23 CFR Part 668 — Emergency Relief Program#507212
• 49 CFR Part 602 — Emergency Relief#511915
• 48 CFR Part 937 — Service Contracting#511204
• 48 CFR Part 837 — Service Contracting#511162
• 44 CFR Part 206 — Federal Disaster Assistance#510237