---
kind: "section"
citation: "18 C.F.R. § 385.1104"
title: "18"
number: "385.1104"
heading: "Initial petition (Rule 1104)."
url: "https://uscodex.org/cfr/18/385.1104"
---

# §385.1104. Initial petition (Rule 1104).

- (a) **Content.**
  - (1) The petition must contain:
    - (i) A full and complete statement of the relevant facts, including the documentary support pertaining to the circumstances, act or transaction that is the subject of the petition;
    - (ii) A complete statement of the business reasons why the relief should be granted and the business consequences that will result if the relief is denied; and
    - (iii) A statement specifying how the denial of relief will cause the applicant to suffer special hardship, inequity, or unfair distribution of burdens.
  - (2) The petition must contain a complete statement of the legal basis of the relief requested including citations to authorities relied upon to support the petition.
  - (3) The petition must specify the exact nature of the relief sought.
  - (4) The certificate of service required under [Rule 2010(h)](/cfr/18/2010.md?p=h) (certificate of service) must indicate the names and addresses of all persons served.
  - (5) The petition must include a form of notice suitable for publication in the Federal Register in accordance with the specifications in [§ 385.203(d)](/cfr/18/385.203.md?p=d) of this part.
  - (6) The petition must be accompanied by the fee prescribed in [§ 381.401](/cfr/18/381.401.md) of this chapter or by a petition for waiver pursuant to [§ 381.106](/cfr/18/381.106.md) of this chapter.
- (b) **Service.**
  - (1) The petitioner must serve a copy of the petition, or a copy from which confidential information has been deleted in accordance with [Rule 1112](/cfr/18/1112.md) (requests for confidential treatment) on each person who is reasonably ascertainable by the petitioner as a person who may suffer direct and measurable economic impact if the relief is granted.
  - (2) Notwithstanding [paragraph (b)(1)](#b-1) of this section, if a petitioner determines that compliance with such paragraph of this section would be impracticable, the petitioner must:
    - (i) Comply with the requirements of such paragraph with regard to those persons whom it is reasonable and practicable to serve; and
    - (ii) Include with the petition a description of the persons or class or classes of persons to whom notice was not sent.
  - (3) Staff may require the petitioner to provide alternate or additional service and will cause notice of the application to be published in the Federal Register.
- (c) **Sunsetting provisions.** This section shall cease to have effect on December 5, 2026, unless the Commission determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this section and considering that input. The Commission will publish a document in the Federal Register announcing its determination and revising or removing this section accordingly.

## Notes

### Amendments

[Order 225, 47 FR 19022, May 3, 1982, as amended by Order 394, 49 FR 35365, Sept. 7, 1984; Order 647, 69 FR 32440, June 10, 2004; Order 914, 90 FR 48407, Oct. 21, 2025]

### Authority

Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16 U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C 3701, 9701; 42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App. U.S.C. 1-85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note (2015).

### Source

Source: Order 225, 47 FR 19022, May 3, 1982, unless otherwise noted.

### Amendments

[Order 225, 47 FR 19022, May 3, 1982, as amended by Order 394, 49 FR 35365, Sept. 7, 1984; Order 647, 69 FR 32440, June 10, 2004; Order 914, 90 FR 48407, Oct. 21, 2025]