cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
8 rows where agency = "STB" and part_number = 1145 sorted by section_id
This data as json, CSV (advanced)
| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 49:49:8.1.1.2.60.0.7.1 | 49 | Transportation | X | B | 1145 | PART 1145—RECIPROCAL SWITCHING FOR INADEQUATE SERVICE | § 1145.1 Definitions. | STB | The following definitions apply to this part: Affiliated companies has the same meaning as “affiliated companies” in Definition 5 of the Uniform System of Accounts (49 CFR part 1201, subpart A). Cut-off time means the deadline for requesting service during a service window, as determined in accordance with the rail carrier's established protocol. Delivery means when a shipment is actually placed at a designated destination or is constructively placed at a local yard that is convenient to the designated destination. In the case of an interline movement, a shipment will be deemed to be delivered to the receiving carrier or its agent or affiliate when the shipment is moved past a designated automatic equipment identification reader at the point of interchange or is placed on a designated interchange track, depending on the specific interchange that is involved. For purposes hereof, constructive placement of a shipment at a local yard constitutes delivery only when: (1) The recipient has the option, by prior agreement between the rail carrier and the customer, to have the rail carrier hold the shipment pending the recipient's request for delivery to the designated destination and the recipient has not yet requested delivery; or (2) The recipient is unable to accept delivery at the designated destination. Designated destination means the final destination as specified in the bill of lading or, in the case of an interline movement, the interchange where the shipment is transferred to the receiving carrier, its agent, or affiliated company. Incumbent rail carrier means a Class I rail carrier that currently provides line-haul service to the petitioner to or from the point of origin or final destination that would be covered by the proposed reciprocal switching agreement. Lane means a shipment's point of origin and designated destination. Shipments of the same commodity that have the same point of origin and the same designated destination are deemed to travel over the same lane, regardless of which route(s)… | ||||||
| 49:49:8.1.1.2.60.0.7.2 | 49 | Transportation | X | B | 1145 | PART 1145—RECIPROCAL SWITCHING FOR INADEQUATE SERVICE | § 1145.2 Performance standards. | STB | The performance standards in this section apply only to petitions for prescription of a reciprocal switching agreement under this part. (a) Service reliability (original estimated time of arrival). The service reliability standard applies to shipments that travel as manifest traffic. The service reliability standard measures a rail carrier's success in delivery of a shipment from its original or interchange location by the original estimated time of arrival, accounting for the applicable grace period. Determination of a rail carrier's compliance with the service reliability standard is based on all shipments from the same original or interchange location to the same delivery location over a period of 12 consecutive weeks. A rail carrier meets the service reliability standard when A/B ratio is greater than or equal to 70%, where A is the number of shipments that are delivered within 24 hours of the original estimated time of arrival, and B is the total number of shipments. (1) A car that is delivered more than 24 hours before or after its OETA will not be considered as being delivered within 24 hours of OETA. (2) Once a carrier has communicated an original estimated time of arrival to a customer, that time will not be changed by any subsequent changes to the original trip plan of the car, no matter what the cause of the changed trip plan may be. (b) Service consistency (transit time). The service consistency standard applies to shipments in the form of a unit train and to shipments that travel as manifest traffic. The service consistency standard measures a rail carrier's success over time in maintaining the transit time for a shipment. A rail carrier fails the service consistency standard if it fails either the standard in paragraph (b)(1) of this section or the standard in paragraph (b)(2) of this section, with both paragraphs being subject to paragraph (b)(3) of this section. (1) Year-to-year comparison. A is more than 20% longer than B, where A is the average transit time for all shipments… | ||||||
| 49:49:8.1.1.2.60.0.7.3 | 49 | Transportation | X | B | 1145 | PART 1145—RECIPROCAL SWITCHING FOR INADEQUATE SERVICE | § 1145.3 Affirmative defenses. | STB | An incumbent rail carrier shall be deemed not to fail a performance standard in § 1145.2 if any of the conditions described in this section are met. The Board will also consider, on a case-by-case basis, affirmative defenses that are not specified in this section. (a) The rail carrier experiences extraordinary circumstances beyond the carrier's control, including but not limited to unforeseen track outages stemming from natural disasters, severe weather events, flooding, accidents, derailments, and washouts. A carrier's intentional reduction or maintenance of its workforce at a level that itself causes workforce shortage, or, in the event of a workforce shortage, failure to use reasonable efforts to increase its workforce, would not, on its own, be considered a defense for failure to meet any performance standard. A carrier's intentional reduction or maintenance of its power or car supply, or failure to use reasonable efforts to maintain its power or car supply, that itself causes a failure of any performance standard would not, on its own, be considered a defense. (b) The petitioner's traffic increases by 20% or more during the 12-week period in question, as compared to the preceding 12 weeks (for non-seasonal traffic) or the same 12 weeks during the previous year (for seasonal traffic such as agricultural shipments), where the petitioner failed to notify the incumbent rail carrier at least 12 weeks prior to the increase. (c) There are highly unusual shipments by the shipper during any week of the 12-week period in question. For example, a pattern might be considered highly unusual if a shipper projected traffic of 120 cars in a month and 30 cars per week, but the shipper had a plant outage for three weeks and then requested shipment of 120 cars in a single week. (d) The incumbent rail carrier's failure to meet the performance standard is due to the dispatching choices of a third party. (e) The incumbent rail carrier's failure to meet the performance standard was directly caused by the conduct of a third pa… | ||||||
| 49:49:8.1.1.2.60.0.7.4 | 49 | Transportation | X | B | 1145 | PART 1145—RECIPROCAL SWITCHING FOR INADEQUATE SERVICE | § 1145.4 Negotiations. | STB | At least five days prior to petitioning for prescription of a reciprocal switching agreement hereunder, the petitioner must seek to engage in good faith negotiations to resolve its dispute with the incumbent rail carrier. | ||||||
| 49:49:8.1.1.2.60.0.7.5 | 49 | Transportation | X | B | 1145 | PART 1145—RECIPROCAL SWITCHING FOR INADEQUATE SERVICE | § 1145.5 Procedures. | STB | (a) If a shipper or a receiver believes that a rail carrier providing it service failed to meet a performance standard described in § 1145.2, it may file a petition for prescription of a reciprocal switching agreement. (b) The petition must include the information and documents described in this paragraph (b). (1) Confirmation that the petitioner attempted good faith negotiations as required by § 1145.4, identify the performance standard the railroad failed to meet over the requisite period of time, identify the requested duration of the prescription of a reciprocal switching agreement, and provide evidence supporting its claim and requested prescription. (2) Identification of at least one possible rail carrier to provide alternative service. (3) Identification of any relevant switching publications of the incumbent rail carrier and the potential alternate carrier(s). (4) A motion for a protective order that would govern the disclosure of data that the rail carrier provided to the petitioner under this part. (c) The petition must have been served on the incumbent rail carrier, the alternate rail carrier(s), and the Federal Railroad Administration. (d) A reply to a petition is due within 20 days of a completed petition. The burden of proof of establishing infeasibility and/or undue impairment is on the rail carrier (either the incumbent or the alternate) that is objecting to the petition. (e) A rebuttal may be filed within 20 days after a reply to a petition. (f) The Board will endeavor to issue a decision on a petition within 90 days from the date of the completed petition. | ||||||
| 49:49:8.1.1.2.60.0.7.6 | 49 | Transportation | X | B | 1145 | PART 1145—RECIPROCAL SWITCHING FOR INADEQUATE SERVICE | § 1145.6 Prescription. | STB | (a) The Board will prescribe a reciprocal switching agreement under this part if all the conditions in this paragraph (a) are met. (1) For the lane of traffic that is the subject of the petition, the petitioner has practical physical access to only one Class I carrier that could serve that lane. (2) The petitioner demonstrates that the incumbent rail carrier failed to meet one or more of the performance standards in § 1145.2 with regards to its shipment. (3) The incumbent rail carrier fails to demonstrate an affirmative defense as provided in § 1145.3. (b) Notwithstanding paragraph (a) of this section, the Board will not prescribe a reciprocal switching agreement if the incumbent rail carrier or alternate rail carrier demonstrates that the agreement is not practicable, including: switching service under the agreement, i.e., the process of transferring the shipment between carriers within the terminal area, could not be provided without unduly impairing either rail carrier's operations; switching service under the agreement would be operationally infeasible; or the alternate rail carrier's provision of line-haul service to the petitioner would be infeasible or would unduly impair the incumbent rail carrier or the alternate rail carrier's ability to serve its existing customers. If the incumbent rail carrier and alternate rail carrier have an existing reciprocal switching arrangement in a terminal area in which the petitioner's traffic is currently served, the proposed operation is presumed to be operationally feasible, and the incumbent rail carrier will bear a heavy burden of establishing why the proposed operation should not qualify for a reciprocal switching agreement due to infeasibility. (c) In prescribing a reciprocal switching agreement, the Board shall prescribe a term of service of three years, provided that the Board may prescribe a longer term of service of up to five years if the petitioner demonstrates that the longer minimum term is necessary for the prescription to be practical given the peti… | ||||||
| 49:49:8.1.1.2.60.0.7.7 | 49 | Transportation | X | B | 1145 | PART 1145—RECIPROCAL SWITCHING FOR INADEQUATE SERVICE | § 1145.7 Termination. | STB | (a) If the incumbent carrier does not timely file a petition for termination, a prescription hereunder automatically renews at the end of the term established under § 1145.6(c). Automatic renewal is for the same term as the original term of the prescription. If the Board denies a petition to terminate the prescription, it will determine, on a case-by-case basis, the appropriate renewal term based on the evidentiary record, not to exceed the original term of the prescription. At the end of the renewal term, if the incumbent carrier does not timely file a petition for termination, the prescribed agreement will automatically renew for the same number of years as the renewed term. (b) The Board will grant a petition to terminate a prescription if the incumbent rail carrier demonstrates that, for the most recent 12-week period prior to the filing of the petition to terminate, the incumbent rail carrier's service for similar traffic on average met all three performance standards under this part. This requirement includes a demonstration by the incumbent carrier that it has been able to meet, over the most recent 12-week period, the performance standards for similar traffic to or from the relevant terminal area. (c) The incumbent rail carrier may submit a petition to terminate a prescription not more than 180 days and not less than 150 days before the end of the current term of the prescription. (d) A reply to a petition to terminate is due within 15 days of the filing of the petition. (e) A rebuttal may be filed within 10 days of the filing of the reply. (f) The Board will endeavor to issue a decision on a petition to terminate within 90 days from the close of briefing. (1) If the Board does not act within 90 days from the close of briefing, the prescription automatically terminates at the end of the current term of the prescription. (2) If the Board does not issue a decision due to extraordinary circumstances, as determined by the Board, the prescription is automatically renewed for 30 days from the end of the … | ||||||
| 49:49:8.1.1.2.60.0.7.8 | 49 | Transportation | X | B | 1145 | PART 1145—RECIPROCAL SWITCHING FOR INADEQUATE SERVICE | § 1145.8 Data. | STB | (a) A shipper or receiver with practical physical access to only one Class I carrier serving the lane of traffic for which individualized performance records are sought, and based on a good faith belief that the Class I carrier has provided service that does not meet at least one performance standard from § 1145.2, may submit a written request to the incumbent rail carrier for all individualized performance records relevant to the performance standard(s) the shipper or receiver believes the rail carrier has failed. (1) In the request to the rail carrier, the shipper or receiver must identify the specific performance standard(s) that it believes the rail carrier has failed, and the corresponding date range and lane(s). (2) Within seven days of the written request, the incumbent rail carrier shall provide the shipper or receiver with the requested individualized performance records. (3) For purposes of this section, “individualized performance records” means the original estimated times of arrival, transit times, and/or industry spot and pull records related to the shipper or receiver's traffic, along with the corresponding time stamps. (b) All Class I carriers shall report to the Board on a weekly basis, in a manner and form determined by the Board, data that shows: the percentage of shipments on the carrier's system that moved in manifest service and that were delivered within 24 hours of OETA, out of all shipments on the carrier's system that moved in manifest service during that week; and, for each of the carrier's operating divisions and for the carrier's overall system, the percentage of planned service windows during which the carrier successfully performed the requested local service, out of the total number of planned service windows on the relevant division or system for that week, all within the meaning of this part. (c) Class I carriers shall provide, in the format of their choosing, machine-readable access to the information listed in this section. (1) Machine-readable means data in an open for… |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);