DOT 49 CFR PART 1132-2010 PROTESTS REQUESTING SUSPENSION AND INVESTIGATION OF COLLECTIVE RATEMAKING ACTIONS.pdf

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1、153 Surface Transportation Board, DOT 1132.1 motor common carriers (other than household goods carriers) and shippers may resolve, by mutual consent, over-charge and undercharge claims under the provisions of 49 U.S.C. 14709. Peti-tions for appropriate authority may be filed by either the carrier, s

2、hipper or consignee on the Boards tariff rec-onciliation docket by submitting a let-ter of intent to depart from the filed rate. The petitions will be deemed the equivalent of an informal complaint and answer admitting the matters stat-ed in the petition. Petitions shall be sent to the Office of Com

3、pliance and Enforcement, Surface Transportation Board, Washington, DC 20423. The peti-tions shall contain, at a minimum, the following information: (i) The name(s) and address(es) of the payer(s) of the freight charges; (ii) The name(s) of the carrier(s) in-volved in the traffic; (iii) An estimate o

4、f the amount(s) in-volved; (iv) The time period when the ship-ment(s) involved were delivered or ten-dered for delivery; (v) A general description of the point(s) of origin and destination of the shipment(s); (vi) A general description of the com-modity(ies) transported; (vii) A statement certifying

5、 that the carrier(s) and shipper(s) participating in the shipment(s) or the payer(s) of the freight charges concur(s) with the intent to depart from the filed rate; and (viii) A brief explanation of the in-correct tariff provision(s) or billing error(s) causing the request to depart from the filed r

6、ate. (2) Public notice and protest. Tariff reconciliation petitions (letters of in-tent) shall be served on all parties named in the petition by the party that files the petition and will be made available by the Board for public in-spection in the Office of Compliance and Enforcement Public File, S

7、urface Transportation Board, Washington, DC 20423. Any interested person may pro-test the granting of a petition by filing a letter of objection with the Office of Compliance and Enforcement within 30 days of Board receipt of the petition. Letters of objection shall identify the tariff reconciliatio

8、n proceeding, shall clearly state the reasons for the objec-tion, and shall certify that a copy of the letter of objection has been served on all parties named in the petition. The Board may initiate an investiga-tion of the petition on its own motion. (3) Uncontested petitions. If a petition is not

9、 contested, and if the Board does not initiate an investigation of the pe-tition on its own motion, approval is deemed granted without further action by the Board, effective 45 days after Board receipt of the petition. (4) Contested petitions. If a petition is contested or the Board initiates an in-

10、vestigation of the petition on its own motion, 15 days will be allowed for reply. The 15-day period will commence on the date of service of the objections or, if the Board initiates an investiga-tion on its own motion, on the date of service of the decision initiating the investigation. After the pe

11、riod for reply has expired, the Board will issue a decision approving or disapproving the petition, or requesting further sub-missions from the parties, and then will issue a decision based on the fur-ther submissions. 47 FR 49570, Nov. 1, 1982, as amended at 50 FR 15901, Apr. 23, 1985; 51 FR 5713,

12、Feb. 18, 1986; 52 FR 26479, July 15, 1987; 53 FR 19301, May 27, 1988; 60 FR 2544, Jan. 10, 1995; 62 FR 50884, Sept. 29, 1997 PART 1132PROTESTS REQUESTING SUSPENSION AND INVESTIGA-TION OF COLLECTIVE RATE-MAKING ACTIONS Sec. 1132.1 Protest against collective rate-making actions. 1132.2 Procedures in c

13、ertain suspension matters. AUTHORITY: 49 U.S.C. 721, 13301(f), and 13703. SOURCE: 62 FR 50885, Sept. 29, 1997, unless otherwise noted. 1132.1 Protest against collective rate-making actions. (a) Content. The protested collective ratemaking action sought to be sus-pended, whether or not contained in a

14、 tariff filed with the Board, should be identified by making reference to: The name of the publishing carrier or col-lective ratemaking organization; the VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00163 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvi

15、ded by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-154 49 CFR Ch. X (10110 Edition) 1132.2 identification of the tariff, if applica-ble, or the identification of the collec-tive ratemaking action publication if it is not contained in a tariff filed with the

16、Board; the specific items or par-ticular provisions protested; and the ef-fective date of the tariff or other col-lective ratemaking action publication. Reference should also be made to the tariff or collective ratemaking action, and the specific provisions proposed to be superseded. The protest sho

17、uld state the grounds in support thereof, and in-dicate in what respect the protested collective ratemaking action is consid-ered to be unlawful. Such protests will be considered as addressed to the dis-cretion of the Board. Should a protes-tant desire to proceed further against a collective ratemak

18、ing action which is not suspended, or which has been sus-pended and the suspension vacated, a separate later formal complaint or pe-tition should be filed. (b) When filed. Protests against, and requests for suspension of, collective ratemaking actions will not be consid-ered unless made in writing a

19、nd filed with the Board at Washington, DC. If the protestant desires action by the Board before the effective date of the collective action, protests and requests for suspension shall reach the Board at least 12 days (except as provided in paragraph (c) of this section) before such effective date. I

20、f the protested collective ratemaking action is already in effect, or if the protestant does not desire action before its effective date, protests and requests for suspension can be filed at any time. (c) Motor carrier tariff bureau filings. When motor common carrier tariff bu-reaus take collective

21、actions subject to the special procedures adopted in Ex Parte No. MC82, New Procedures in Motor Carrier Rev. Proc. 340 I.C.C. 1 (1971), and set forth at 49 CFR part 1139, protests must reach the Board at least 22 days before the effective dates of those actions if protestants desire ac-tion by the B

22、oard before such effective dates. All statements should be served by express mail or an equivalent expe-dited delivery service upon any party undertaking to bear the cost. Written request for this expedited service must be made no less than 5 days before the statement is due to be filed with the Boa

23、rd. (d) Copies; service. In connection with proceedings involving proposals subject to the special procedures in Ex Parte No. MC82, New Procedures in Motor Carrier Rev. Proc. 339 I.C.C. 324, and set forth at 49 CFR part 1139, an original and 10 copies of every protest or reply filed under this secti

24、on should be fur-nished for the use of the Board. Except as provided for proposals subject to the special procedures in Ex Parte No. MC 82, the original and 10 copies of each protest, or of each reply filed under this section, must be filed with the Board, and one copy simultaneously must be served

25、upon the publishing carrier or collective ratemaking orga-nization, and upon other persons known by protestant to be interested. These pleadings should be directed to the attention of the Chief, Section of Administration, Office of Proceedings, Surface Transportation Board. (e) Reply to protest. A r

26、eply to a pro-test filed at least 12 days before the ef-fective date of proposed collective ac-tion provisions must reach the Board not later than the fourth working day prior to the scheduled effective date of the protested provisions unless other-wise provided. Replies to protests against motor ca

27、rrier rate bureau pro-posals subject to Ex Parte No. MC82 procedures, to be assured of consider-ation, must reach the Board no later than 14 days before the scheduled effec-tive date of the protested provisions. 62 FR 50885, Sept. 29, 1997, as amended at 74 FR 52908, Oct. 15, 2009 1132.2 Procedures

28、in certain suspen-sion matters. (a) A petition for reconsideration may be filed by any interested person within 20 days after the date of service of a Board decision which results in an order for: (1) Investigation and suspension of collective ratemaking actions, or (2) Investigation (without suspen

29、-sion) of collective ratemaking actions. (b) Any interested person may file and serve a reply to any petition for re-consideration permitted under para-graph (a) of this section within 20 days after the filing of such petition with the Board, but if the facts stated in VerDate Mar2010 15:03 Nov 23,

30、2010 Jkt 220219 PO 00000 Frm 00164 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-155 Surface Transportation Board, DOT 1133.2 1Here insert name of person paying charges in

31、the first instance, and state whether as consignor, consignee, or in what other capacity. 2For concurring certificate in case col-lecting carrier is not a defendant. 3If not a defendant, strike out the word defendant. any such petition disclose a need for accelerated action, such action may be taken

32、 before expiration of the time al-lowed for reply. In all other respects, such petitions and replies thereto will be governed by the rules of general ap-plicability of the Rules of Practice. PART 1133RECOVERY OF DAMAGES Sec. 1133.1 Freight bill filing requirement under modified procedure. 1133.2 Sta

33、tement of claimed damages based on Board findings. AUTHORITY: 49 U.S.C. 721. SOURCE: 47 FR 49575, Nov. 1, 1982, unless otherwise noted. 1133.1 Freight bill filing requirement under modified procedure. If, under modified procedure (for gen-eral rules governing modified proce-dure, see part 1112), an

34、award of dam-ages is sought, complainant should submit the paid freight bills or prop-erly certified copies with its statement when there are not more than 10 ship-ments; if more than 10 shipments are involved, complainant should retain the documents. 1133.2 Statement of claimed damages based on Boa

35、rd findings. (a) When the Board finds that dam-ages are due, but that the amount can-not be ascertained upon the record be-fore it, the complainant should imme-diately prepare a statement showing details of the shipments on which dam-ages are claimed, in accordance with the following form: Claim of

36、lll under decision of the Sur-face Transportation Board in Docket No. lll. lll Date of shipment. lll Date of delivery or tender of deliv-ery. lll Date charges were paid. lll Car (or vessel) initials. lll Car (or voyage) number. lll Origin. lll Destination. lll Route. lll Commodity. lll Weight. lll R

37、ate. lll Amount. lll Rate. lll Amount. lll Reparation on basis of Boards deci-sion. lll Charges paid by.1Claimant hereby certifies that this state-ment includes claims only on shipments cov-ered by the findings in the docket above de-scribed and contains no claim for reparation previously filed with

38、 the Board by or on be-half of claimant or, so far as claimant knows, by or on behalf of any person, in any other proceedings, except as follows: (Here indicate any exceptions, and explanation thereof). llllllllllllllllllllllll(Claimant) By llllllllllllllllllllll(Practitioner) llllllllllllllllllllll

39、ll(Address) llllllllllllllllllllllll(Date) Total amount of reparation $lll. The undersigned hereby certifies that this state-ment has been checked against the records of this company and found correct. Date lll Concurred2in: lll Company lll Company, Defendant Collecting Car-rier, Defendant3. lll By

40、lll, Auditor. By lll, Auditor. (b) The statement should not include any shipment not covered by the Boards findings, or any shipment on which complaint was not filed with the Board within the statutory period. The filing of a statement will not stop the running of the statute of limitations as to sh

41、ipments not covered by complaint or supplemental complaint. If the ship-ments moved over more than one route, a separate statement should be prepared for each route, and separately numbered, except that shipments as to which the collecting carrier is in each instance the same may be listed in a sing

42、le statement if grouped according to routes. The statement, together with the paid freight bills on the ship-ments, or true copies thereof, should then be forwarded to the carrier which collected the charges, for verification and certification as to its accuracy. If the statement is not forwarded imme-diately to the collecting carrier for VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00165 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-