(ii) The name and addresses of the carriers involved in the intended waiver and a statement certifying that all carriers concur in the action.

(iii) The amount intended to be waived.

(iv) The number of the investigation and suspension case involved, the beginning and ending dates of the suspension period, and any other pertinent tariff information.

(v) The points of origin and destination of the shipments and the routes of movement, if relevant.

(vi) A brief statement of justification for the intended waiver, including the anticipated costs of billing, collecting and/or litigating if the waiver is not permitted.

If the amount to be waived is $25,000.00 or less, no petition need be filed prior to waiver, provided that this exemption may be invoked by a carrier only once for any person (as defined at 49 U.S.C. 10102(16)) who uses the suspended rate during the suspension period. However, a Letter of Disposition informing the Commission of the action taken, the date of the action, and the amount waived shall be submitted to the Special Docket Board, Interstate Commerce Commission, Washington, DC 20423, within 30 days of the waiver.

(3) Public Notice and Protest. Petitions on the Special Docket to pay reparations, waive the collection of undercharges or waive the collection of insignificant amounts shall be made available by the Commission for public inspection five (5) days after receipt, in the Board of Suspension Public File Room, Room 4339, 12th & Constitution Avenue, NW., Washington, DC 20423 and remain available for 25 days. Any interested person may protest the granting of a petition by filing a Letter of Objection with the Special Docket Board within 30 days of Commission receipt of the petition. Letters of Objection shall identify the Special Docket number, shall clearly state the reasons for the objection, and shall certify that a copy of the Letter of Objection has been served on all parties named in the petition. A period of 15 days will be allowed for reply.

(4) Uncontested petitions. A petition which is not contested will be considered an order of the Commission au

thorizing the action contemplated in the petition 45 days after Commission receipt of the petition. Within 30 days after the expiration of the 45-day period the carrier filing the petition shall file a Letter of Disposition informing the Special Docket Board of the action taken, the date of the action, and the amount paid or waived.

(f) Notification to the parties; six month's rule. If an informal complaint seeking damages (other than a contested Special-docket petition or tariff reconciliation petition) cannot be disposed of informally or is denied or withdrawn by complainant, the parties affected will be so notified in writing by the Commission. Contested Specialdocket or tariff reconciliation petitions either will be granted or denied by the entry of a decision. Unless within six months after the date on which a notice is mailed or a decision is served, a party either files a formal complaint or resubmits its informal complaint on an additional-fact basis, the matter in the complaint or petition will not be reconsidered. The claim will be considered abandoned and no complaint seeking damages on the same cause of action will be accepted unless filed within the statutory period. Any filing or resubmission satisfying the six months' requirement will be considered filed as of the date of the original filing and must specifically refer to that date and to the Commission's file number. An original and 10 copies of a petition for reconsideration should be filed.

(g) Tariff reconciliation proceedings for motor common carriers-(1) Petitions to waive collection or permit payment. Pursuant to 49 U.S.C. 11712, subject to Commission review and approval, motor common carriers (other than household goods carriers) and shippers may resolve, by mutual consent, overcharge and undercharge claims resulting from incorrect tariff provisions or billing errors arising from the inadvertent failure to properly and timely file and maintain agreed-upon rates, rules or classifications in compliance with 49 U.S.C. 10761 and 10762. Under section 11712, the Commission may approve any departure from the filed rate when the shipper and carrier agree, and the departure is needed for the reason(s) stated in section 11712. Petitions

for appropriate authority may be filed by either the carrier, shipper or consignee on the Commission's tariff reconciliation docket by submitting a letter of intent to depart from the filed rate. The petitions will be deemed the equivalent of an informal complaint and answer admitting the matters stated in the petition. Petitions shall be sent to the Special Docket Board, Interstate Commerce Commission, Washington, DC 20423. The petitions 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) involved in the traffic;

(iii) An estimate of the amount(s) involved;

(iv) The time period when the shipment(s) involved were delivered or tendered for delivery;

(v) A general description of the point(s) of origin and destination of the shipment(s);

(vi) A general description of the commodity(ies) transported;

(vii) A statement certifying 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 incorrect tariff provision(s) or billing error(s) causing the request to depart from the filed rate.

(2) Public notice and protest. Tariff reconciliation petitions (letters of intent) shall be served on all parties named in the petition by the party who files the petition and will be made available by the Commission for public inspection in the Special Docket Board Public File, Interstate Commerce Commission, Washington, DC 20423. Any interested person may protest the granting of a petition by filing a letter of objection with the Special Docket Board within 30 days of Commission receipt of the petition. Letters of objection shall identify the tariff reconciliation proceeding, shall clearly state the reasons for the objection, and shall certify that a copy of the letter of objection has been served on all parties named in the petition. The Commission may initiate

an investigation of the petition on its own motion.

(3) Uncontested petitions. If a petition is not contested, and if the Commission does not initiate an investigation of the petition on its own motion, approval is deemed granted without further action by the Commission, effective 45 days after Commission receipt of the petition.

(4) Contested petitions. If a petition is contested or the Commission initiates an investigation 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 Commission initiates an investigation on its own motion, on the date of service of the decision initiating the investigation. After the period for reply has expired, the Commission will issue a decision approving or disapproving the petition, or requesting further submissions from the parties, and then will issue a decision based on the further submissions.

[47 FR 49570, Nov. 1, 1982, as amended at 50 FR 15901, Apr. 23, 1985; 51 FR 5713, Feb. 18, 1986; 52 FR 26479, July 15, 1987; 53 FR 19301, May 27, 1988; 60 FR 2544, Jan. 10, 1995]

briefly and in plain language the facts upon which it is based. It should include specific reference to pertinent statutory provisions and Commission regulations, and should advise the Commission and the defendant fully in what respects these provisions or regulations have been or are violated or will be violated. The complaint should contain a detailed statement of the relief requested. Relief in the alternative or of several different types may be demanded, but the issues raised in the formal complaint should not be broader than those to which complainant's evidence is to be directed at the hearing.

(b) Requests for oral hearing. A formal complaint should include a request that the proceeding be handled either under the modified procedure or at oral hearing, and a request for oral hearing should include at least two alternative hearing sites.

§ 1131.2 When damages sought.

(a) Content. A formal complaint that includes a request for an award of damages should set forth the information required to be contained in an informal complaint seeking damages (§1130.2(b) and (c)).

(b) Specific request for damages. Except under unusual circumstances, and for good cause shown, damages will not be awarded upon a complaint unless specifically requested or upon a new com- · plaint by or for the same complainant which is based upon any finding in the original proceeding.

(49 U.S.C. 10321; 5 U.S.C. 553)

[47 FR 49572, Nov. 1, 1982, as amended at 48 FR 44827, Sept. 30, 1983]

§ 1131.3 [Reserved]

§ 1131.4 Railroad allegations of unlawful intrastate rates.

(a) Actions under 49 U.S.C. 11501(c). A rail carrier may file a petition with the Commission to review the decision of any certified State authority in any administrative proceeding in which the lawfulness of an intrastate rate, classification, rule, or practice is determined. The petition must show in what way the standards and procedures applied by the State were not in accordance with Subtitle IV of Title 49 of the United States Code, and it must be

served on the State authority and all parties to the proceedings before the State authority consistent with §1104.12. Replies must be filed within 10 days after a carrier petition is filed, and must also be served. The Commission will act on the petition within 30 days.

(b) Actions under 49 U.S.C. 11501(d). A rail carrier may file an application with the Commission to prescribe an intrastate rate if the appropriate State authority fails to act within 120 days after the rail carrier filed with it a change in an intrastate rate, or a change in a classification, rule or practice that has the effect of changing an intrastate rate, to the level charged on similar traffic moving in interstate or foreign commerce. The application must include a copy of the change as filed with the State authority, the comparable interstate rate items, and a showing that the State authority failed to act within 120 days. The petition must be served on the State authority and all parties to the proceeding before the State authority consistent with §1104.12.

§ 1131.5 Other specifications.

(a) Tariff or schedule references. A formal complaint that brings in issue any rate, fare, charge, schedule, classification, regulation or practice should specifically identify the pertinent tariff or schedule.

(b) References to States in which transportation occurs. A formal complaint under subchapter II of chapter 105 of 49 U.S.C. should specifically name the States in and through which the transportation which gives rise to the complaint is performed.

§ 1131.6 Multiple causes of action; joinder.

(a) Multiple causes of action. Two or more grounds of complaint concerning the same principle, subject, or facts may be included in one complaint, but should be stated and numbered separately.

(b) Multiple complainants. Two or more complainants may join in one complaint against one or more defendants if their respective causes of action concern substantially the same alleged violation of the Act and like facts.

(c) Defendants. If complaint is made with respect to through transportation by continuous carriage or shipment, all persons subject to the Act participating therein, and against which a decision is sought, should be made defendants. If complaint is made regarding a classification or any of its provisions, ordinarily it will suffice to make defendants the persons operating one or more through routes between representative points of origin and destination, and serve notice of filing the complaint upon the tariff agent for the railroads which are subscribers to the tariff containing the challenged classification.

§1131.7 Amended and supplemental formal complaints.

An amended or supplemental complaint may be tendered for filing by a complainant against a defendant or defendants named in the original complaint, stating a cause of action alleged to have accrued within the statutory period immediately preceding the date of such tender, in favor of complainant and against the defendant or defendants. The time limits for responding to an amended or supplemental complaint are computed pursuant to §§ 1111.4 and 1111.5, as if the amended or supplemental complaint was an original complaint.

§1131.8 Copies; service.

Formal complaints amended or supplemental complaints, and cross complaints will be served by the Commission. The original of each complaint or cross complaint must be accompanied by a sufficient number of copies to enable the Commission to serve one upon each defendant and to retain 10 copies in addition to the original.

[47 FR 49572, Nov. 1, 1982, as amended at 53 FR 19302, May 27, 1988]

§1131.9 Answers and cross complaints.

(a) Generally. An answer may be filed within the time provided in paragraph (b) of this section. Whether or not an answer is filed and served, issue is joined at the conclusion of the time for filing answers, and the Commission may than proceed to a decision. In the alternative, the Commission may then proceed to a decision. In the alter

native, the Commission may provide for the taking of evidence under the modified or oral hearing procedures, and in such a case the failure to answer a complaint will not bar a party from further participating in a proceeding or from the presentation of its evidence. An answer should be responsive to the complaint and should fully advise the Commission and the parties of the nature of the defense.

(b) Time for filing; copies; service. An answer must be filed within 20 days after the service of the complaint or within such additional time as the Commission may provide. The original and 10 copies of an answer must be filed with the Commission. The defendant must serve copies of the answer upon the complainant and any other defendants.

(c) Cross complaints. A cross complaint alleging violations by parties to the proceeding or seeking relief against them may be filed with the answer. An answer to a cross complaint may be filed within 20 days after the service date of the cross complaint. The party shall serve copies of answer to a cross complaint upon the other parties.

[47 FR 49572, Nov. 1, 1982, as amended at 53 FR 19302, May 27, 1988]

§ 1131.10 Motions to dismiss or to make more definite.

An answer to a complaint or cross complaint may be accompanied by a motion to dismiss the complaint or cross complaint or a motion to make the complaint or cross complaint more definite. A motion to dismiss can be filed at anytime during a proceeding. A complainant or a cross complainant may, within 10 days after an answer is filed, file a motion to make the answer more definite. Any motion to make more definite must specify the defects in the particular pleading and must describe fully the additional information or details thought to be necessary.

§ 1131.11 Satisfaction of complaint.

If a defendant satisfies a formal complaint, either before or after answering, a statement to that effect signed by the opposing parties must be filed (original only need be filed), setting forth when and how the complaint has

been satisfied. This action should be taken as expeditiously as possible.

PART 1132-PROTESTS AGAINST TARIFFS; PROCEDURES IN CERTAIN SUSPENSION AND LONG AND SHORT HAUL RESTRICTION MATTERS

AUTHORITY: 49 U.S.C. 10321, 10707, 10708, and 10726; 5 U.S.C. 553 and 559.

§ 1132.1 Protests against tariffs.

(a) Content. The protested tariff or schedule sought to be suspended should be identified by making reference to: The name of the publishing carrier, household goods freight forwarder, or agent; the Interstate Commerce Commission number; the specific items or particular provisions protested; and the effective date of the tariff or schedule. Reference should also be made to the tariff or schedule, and the specific provisions proposed to be superseded. The protest should state the grounds in support thereof, indicate in what respect the protested tariff or schedule is considered to be unlawful. Such protests will be considered as addressed to the discretion of the Commission. Should a protestant desire to proceed further against a tariff or schedule which is not suspended, or which has been suspended and the suspension vacated, a separate later formal complaint or petition should be filed.

(b) When filed. Protests against, and requests for suspension of, tariffs, or schedules filed under the Act will not be considered unless made in writing and filed with the Commission at Washington, DC. Protests and requests for suspension shall reach the Commission at least 12 days (except as provided in paragraphs (c), (g), and (j) of this section) before the effective dates of the tariffs, schedules, or parts thereof to which they refer, unless the protested publications were filed on less than 30 days' notice in which even the protests (except as provided in paragraph (g) of this section) must reach the Commission not less than 5 days before the effective dates. Protests or petitions for investigation and suspension of tariffs filed on less than 10 days' notice will be accepted, Provided That they reach the Suspension/Special Per

mission Board not later than 9:00a.m. on the last workday before the tariffs' scheduled effective date. Appeals from decisions by the Suspension/Special Permission Board not to suspend or not to investigate matters in which the protests reached the Board later than 9 a.m. on the second working day before the protested tariffs' scheduled effective date will not be accepted. In an emergency, telegraphic protests will be acceptable if received within the time limits herein specified, provided they also fully comply with paragraphs (a) and (g) of this section and copies are immediately telegraphed by protestants to the proponent carriers or their publishing agents. However, protests against and requests for suspension of tariffs applicable on household goods as defined in 49 CFR 1056.1(b)(1), when published for the account of household goods carriers as defined in 49 CFR 1056.1(b)(1), when published for the account of househould goods carriers as defined in 49 CFR 1056.1(b)(1) on not less than 45 days' notice, must reach the Commission no later than 27 days before the effective dates of the tariffs, schedules, or parts thereof to which they refer. Six copies of such telegrams should immediately be mailed by the protestants to the Commission at Washington.

(c) Motor carrier tariff bureau filings. When motor common carrier tariff bureaus file schedules of proposed general increases in rates and charges, or of proposed rate restructurings subject to the special procedures adopted in Ex Parte No. MC-82, New Procedures in Motor Carrier Rev. Proc. 340 I.C.C. 1 (1971), and set forth at 49 CFR part 1139, protests thereto must reach the Commission at least 22 days before the published effective dates of those schedules. All statements should be served by express mail or an equivalent expedited 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 Commission.

(d) Copies; service. In connection with proceedings involving proposals subject to the special procedures in Ex Parte No. MC-82, New Procedures in Motor Carrier Rev. Proc. 339 I.C.C. 324, and set