49 CFR Part 1147 — Temporary Relief Under 49 U.S.C. 10705 and 11102 for Service Inadequacies

PART 1147—TEMPORARY RELIEF UNDER 49 U.S.C. 10705 AND 11102 FOR SERVICE INADEQUACIES Authority: 49 U.S.C. 1321, 10705, 11101, and 11102. § 1147.1 Prescription of alternative rail service. (a) General. (b)(1) 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 the petitioner's discussions with the incumbent carrier of the service problems and the reasons why the incumbent carrier is unlikely to restore adequate rail service consistent with current transportation needs within a reasonable period of time; (iii) A commitment from another available railroad to provide alternative service that would meet current transportation needs (or, if the petitioner is a railroad and does not have an agreement from the alternative carrier, an explanation as to why it does not), and an explanation of how the alternative service would be provided safely without degrading service to the existing customers of the alternative carrier and without unreasonably interfering with the incumbent's overall ability to provide service; and (iv) A certification of service of the petition, by hand or by overnight delivery, on the incumbent carrier, the proposed alternative carrier, and the Federal Railroad Administration. (2) Reply. (3) Rebuttal. (c)(1) Petition to terminate relief. (2) Reply. (3) Rebuttal. (d) Service. [63 FR 71401, Dec. 28, 1998]

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