DOT 49 CFR PART 1101-2010 DEFINITIONS AND CONSTRUCTION.pdf

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1、87 SUBCHAPTER BRULES OF PRACTICE Parts 11001129Rules of General Applicability PART 1100GENERAL PROVISIONS Sec. 1100.1 Scope of rules. 1100.2 Applicability. 1100.3 Liberal construction. 1100.4 Information and inquiries. AUTHORITY: 49 U.S.C. 721. SOURCE: 47 FR 49548, Nov. 1, 1982, unless otherwise not

2、ed. 1100.1 Scope of rules. These rules govern practice and pro-cedure before the Surface Transpor-tation Board under title 49, subtitle IV of the United States Code (49 U.S.C. 10101 et seq.). This subchapter will be referred to as the Rules of Practice. 1100.2 Applicability. The rules in parts 11001

3、129, Rules of General Applicability, establish gen-eral rules applicable to all types of pro-ceedings. Other rules in this sub-chapter establish special rules applica-ble to particular types of proceedings. When there is a conflict or inconsist-ency between a rule of general applica-bility and a spe

4、cial rule, the special rule will govern. 47 FR 49548, Nov. 1, 1982, as amended at 50 FR 30275, July 25, 1985 1100.3 Liberal construction. The rules will be construed liberally to secure just, speedy and inexpensive determination of the issues presented. 1100.4 Information and inquiries. Persons with

5、 questions concerning these rules should either send a written inquiry addressed to the Director, Of-fice of Public Assistance, Govern-mental Affairs, and Compliance, Sur-face Transportation Board or should telephone the Office of Public Assist-ance, Governmental Affairs, and Com-pliance. 74 FR 5290

6、5, Oct. 15, 2009 PART 1101DEFINITIONS AND CONSTRUCTION Sec. 1101.1 Statutory definitions. 1101.2 Definitions applicable to this sub-chapter. 1101.3 Construction. AUTHORITY: 49 U.S.C. 721. SOURCE: 47 FR 49548, Nov. 1, 1982, unless otherwise noted. 1101.1 Statutory definitions. The definitions contain

7、ed in section 10102 of the Act (49 U.S.C. 10102) apply in this chapter. 1101.2 Definitions applicable to this subchapter. (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)

8、 any body or individual to which or to whom deci-sion making authority is assigned by the Board or the Chairman of the Board, including the Chairman, an-other Board Member, employee board, an individual employee, an administra-tive law judge, or other hearing officer entitled to act in a particular

9、pro-ceeding. See 49 CFR part 1011, Board Organization; Delegations of Author-ity. (c) Decision means any formal, pub-lished action of the Board, including orders and notices. (d) Party means a complainant, de-fendant, applicant, respondent, protes-tant, intervener, or petitioner in any proceeding, o

10、r other persons permitted or directed by the Board to participate in a proceeding. It will not include per-sons merely signing certificates of sup-port or witnesses at oral hearing or in modified procedure proceedings, unless they are otherwise a party to the pro-ceeding. Persons on the docket servi

11、ce list merely for the purpose of receiving copies of Board releases are not consid-ered parties to the proceeding. (e) Proceeding includes: VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00097 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot

12、 for ResaleNo reproduction or networking permitted without license from IHS-,-,-88 49 CFR Ch. X (10110 Edition) 1101.3 (1) An informal complaint filed under 1130.1, or 1130.3 or a formal complaint alleging violation of any provision of the Act or of any regulation or require-ment made pursuant to a

13、power grant-ed by such Act, including petitions on special dockets; (2) An application for (i) the granting of any right, privilege, authority, or re-lief under or from any provision of the Act or of any regulation or require-ment made pursuant to a power grant-ed by such Act, or (ii) the consider-a

14、tion 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 t

15、itle 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 1101.3 Construction. The rules of construction contained in c

16、hapter 1 of title 1 of the United States Code (1 U.S.C. 1 et seq.) apply in this chapter. Among other things, they provide that the singular includes the plural, and vice versa; that the mas-culine includes the feminine; that the word person includes corporations, associations, and the like; that co

17、un-ty includes parish and similar sub-divisions; and that company includes successors and assigns. PART 1102COMMUNICATIONS Sec. 1102.1 How addressed. 1102.2 Ex parte communications prohibited; penalties provided. AUTHORITY: 49 U.S.C. 721. 1102.1 How addressed. All communications should be ad-dressed

18、 to the Chief, Section of Admin-istration, Office of Proceedings, Sur-face Transportation Board, Wash-ington, DC 204230001 unless otherwise specifically directed by another Board regulation. All communications should designate the docket number and title, if any. The person communicating shall state

19、 his address, and the party he represents. 74 FR 52905, Oct. 15, 2009 1102.2 Ex parte communications pro-hibited; penalties provided. (a) Definitions. (1) On-the-record pro-ceeding means any matter described in Sections 556557 of the Administra-tive Procedure Act (5 U.S.C. 556557) or any matter requ

20、ired by the Constitu-tion, statute, Board rule, or by decision in the particular case, that is decided solely on the record made in a Board proceeding. (2) Person who intercedes in any proceeding means any person, part-nership, corporation, or association, private or public, outside of the Board whi

21、ch is neither a party nor partys agent, that volunteers a communica-tion that it has reason to know may advance or adversely affect the interest of a party or partys agent in any pro-ceeding before the Board. (3) Ex Parte communication con-cerning the merits means an oral or written communication by

22、 or on the behalf of a party which is made with-out the knowledge or consent of any other party that could or is intended to influence anyone who participates or could reasonably be expected to par-ticipate in the decision. (b) Communications that are not pro-hibited. (1) Any communication to which

23、all the parties to the proceeding agree, or on which the Board formally rules, may be made on an ex parte basis; (2) Any communication of facts or contention which has general signifi-cance for a regulated industry if the communicator cannot reasonably be expected to have known that the facts or con

24、tentions are material to a sub-stantive issue in a pending on-the- record proceeding in which it is inter-ested; (3) Any communication by means of the news media that in the ordinary course of business of the publisher is intended to inform the general public, members of the organization involved, or subscribers to such publication with VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00098 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-