§ 1313.16 - Procedures for contract discovery and complaints.

(a) Complaints, discovery petitions, replies, and appeals. (1) Discovery petitions and/or sketetal complaints must be filed no later than the 18th day after the contract and summary are properly filed.

(2) Petitions must note on the front page “Petition for Discovery of Rail Contract” and note the contract and amendment numbers.

(3) A skeletal complaint as required under paragraph (b) of this section must accompany the petition.

(4) Petitioner must certify that 2 copies of the petition and complaint have been sent to the contracting carrier(s) either by hand, express mail, or other overnight delivery service the same day as filed at the Commission. The contracting carrier shall in turn serve the contracting shipper with a copy of the petition and complaint. Replies shall be served in the same manner on complainant/petitioner.

(5) Replies to the petition are due within 5 days from the date of filing of the petition and in no event later than noon on the 23rd day following filing of the contract.

(6) An original and 10 copies of the petition, skeletal complaint and replies plus 2 transmittal letters must be filed with the Commission in an envelope labeled “Suspension/Special Permission Board—Confidential Contract Material.”

(7) An appeal of a Suspension/Special Permission Board's decision must be made in accordance with 49 CFR 1132.2, subject to the following:

(i) An appeal must be received within 2 days of the Board's decision (anticipated by day 26 after the contract filing date), but in no event later than the 28th day after the contract filing date.

(ii) The appeal shall be filed with the Suspension/Special Permission Board for handling and will be considered by the entire Commission.

(iii) Telegraphic notice or its equivalent must be given to the opposing party.

(iv) Replies to the appeal must be received within one day after the appeal is filed.

(v) The number of copies of appeals and replies required is the same as provided in paragraphs (a) (4) and (6) of this section.

(8) Protective order. If confidential contract data or data disclosed pursuant to §§ 1313.15, 1313.16, or 1313.17 are filed with the Commission in a complaint, petition, reply or other pleading, the party filing these data should submit them as a separate package, clearly marked on the outside “Confidential Material Subject to Protective Order.” The order in paragraph (a)(9) of this section applies to the parties specified in the order who receive confidential information through proceedings before the Commission or through informal discovery.

(9) Order. Petitioner and carriers, and their duly authorized agents agree to limit to the discovery/complaint proceeding involving the contract, the use of contract information or other confidential commercial information which may be revealed in the contract, the complaint, reply, or any other pleading relating to the contract. This agreement shall be a condition to release of any contract term by a petitioner/complainant and shall operate similarly on a carrier in possession of confidential information which may be contained in a complaint, petition for discovery, or request for informal disclosure. Any information pertaining to parties to the contract, or subject to the contract (including consignors, consignees and carriers), or pertaining to the terms of the contract, or relating to the petitioner's/complainant's confidential commercial information, must be kept confidential. Neither the information nor the existence of the information shall be disclosed to third parties, except for: consultants or agents who agree, in writing, to be bound by this regulation; information which is publicly available; information which, after receipt, becomes publicly available through no fault of the party seeking to disclose the information after it has become publicly available, or is acquired from a third party free of any restriction as to its disclosure. The petitioner/complainant or carrier must take all necessary steps to assure that the information will be kept confidential by its employees and agents. No copies of the contract terms or other confidential information are to be retained by the parties not originally privy to the data subsequent to the termination of the proceeding or the expiration of Commission jurisdiction under 49 CFR 1313.2.

(b)(1) Complaint proceedings, complainants and replies. On receipt of a skeletal complaint by the 18th day after the contract filing date, a complaint proceeding will be instituted to extend this Commission's jurisdiction to 60 days after the contract filing date regardless whether a petition for discovery is filed or approved. The decision will provide for automatic dismissal of the proceeding and approval of the contract if complainant(s) fail to submit the case-in-chief by the due date established in paragraph (b)(5) of this section.

(2) The skeletal complaint must contain the correct, unabbreviated names and addresses of the complainant(s) and defendant. The complainant must set out the statutory provisions under which it has standing to file a complaint.

(3) If discovery is granted, the carrier must furnish the required information by the 1st working day after the Commission issues a final decision.

(4) Upon institution of a complaint proceeding, approval of the contract is postponed to 60 days after the contract filing date or until the Commission issues a decision approving the contract, if earlier.

(5) The amended complaint and case-in-chief are due 39 days after the filing of the contract.

(6) Replies of the carrier defendant(s) are due 46 days after the filing of the contract.