---
kind: "section"
citation: "49 C.F.R. § 1111.10"
title: "49"
number: "1111.10"
heading: "Procedural schedule in cases using simplified standards."
url: "https://uscodex.org/cfr/49/1111.10"
---

# §1111.10. Procedural schedule in cases using simplified standards.

- (a) **Procedural schedule.** Absent a specific order by the Board, the following general procedural schedules will apply in cases using the simplified standards:
  - (1)
    - (i) **In cases relying upon the Simplified-SAC methodology—**
      - (A) **Day 0—** Complaint filed (including complainant's disclosure).
      - (B) **Day 10—** Mediation begins.
      - (C) **Day 20—** Defendant's answer to complaint (including defendant's initial disclosure).
      - (D) **Day 30—** Mediation ends; discovery begins.
      - (E) **Day 140—** Defendant's second disclosure.
      - (F) **Day 150—** Discovery closes.
      - (G) **Day 220—** Opening evidence.
      - (H) **Day 280—** Reply evidence.
      - (I) **Day 310—** Rebuttal evidence. In cases using the streamlined market dominance approach, a telephonic evidentiary hearing before an administrative law judge, as described in [§ 1111.12(d)](/cfr/49/1111.12.md?p=d) of this chapter, will be held at the discretion of the complainant in lieu of the submission of a written rebuttal on market dominance issues. The hearing will be held on or about the date that the complainant's rebuttal evidence on rate reasonableness is due.
      - (J) **Day 320—** Technical conference (market dominance and merits, except for cases using the streamlined market dominance approach, in which the technical conference will be limited to merits issues).
      - (K) **Day 330—** Final briefs.
    - (ii) In addition, the Board will appoint a liaison within 10 business days of the filing of the complaint.
  - (2)
    - (i) **In cases relying upon the Three-Benchmark methodology—**
      - (A) **Day 0—** Complaint filed (including complainant's disclosure).
      - (B) **Day 10—** Mediation begins. (STB production of unmasked Waybill Sample.)
      - (C) **Day 20—** Defendant's answer to complaint (including defendant's initial disclosure).
      - (D) **Day 30—** Mediation ends; discovery begins.
      - (E) **Day 60—** Discovery closes.
      - (F) **Day 90—** Complainant's opening (initial tender of comparison group and opening evidence on market dominance). Defendant's opening (initial tender of comparison group).
      - (G) **Day 95—** Technical conference on comparison group.
      - (H) **Day 120—** Parties' final tenders on comparison group. Defendant's reply on market dominance.
      - (I) **Day 150—** Parties' replies to final tenders. Complainant's rebuttal on market dominance. In cases using the streamlined market dominance approach, a telephonic evidentiary hearing before an administrative law judge, as described in [§ 1111.12(d)](/cfr/49/1111.12.md?p=d) of this chapter, will be held at the discretion of the complainant in lieu of the submission of a written rebuttal on market dominance issues. The hearing will be held on or about the date that the complainant's rebuttal evidence on rate reasonableness is due.
    - (ii) In addition, the Board will appoint a liaison within 10 business days of the filing of the complaint.
- (b) **Staggered filings; final briefs.**
  - (1) The parties may submit non-public (e.g., confidential, highly confidential) versions of filings on the dates identified in the procedural schedule, and submit public versions of those filings within three business days thereafter.
  - (2) In cases relying upon the Simplified-SAC methodology, final briefs are limited to 30 pages, inclusive of exhibits.
- (c) **Defendant's second disclosure.** In cases using the Simplified-SAC methodology, the defendant must make the following disclosures to the complainant by Day 170 of the procedural schedule.
  - (1) **Identification of all traffic that moved over the routes replicated by the SARR in the Test Year.**
  - (2) Information about those movements, in electronic format, aggregated by origin-destination pair and shipper, showing the origin, destination, volume, and total revenues from each movement.
  - (3) Total operating and equipment cost calculations for each of those movements, provided in electronic format.
  - (4) Revenue allocation for the on-SARR portion of each cross-over movement in the traffic group provided in electronic format.
  - (5) Total trackage rights payments paid or received during the Test Year associated with the route replicated by the SARR.
  - (6) **All workpapers and documentation necessary to support the calculations.**
- (d) **Conferences with parties.** The Board may convene a conference of the parties with Board staff to facilitate voluntary resolution of discovery disputes and to address technical issues that may arise.
- (e) **Complaint filed with a petition to revoke a class exemption.** If a complaint is filed simultaneously with a petition to revoke a class exemption, the Board will take no action on the complaint and the procedural schedule will be held in abeyance automatically until the petition to revoke is adjudicated.

## Notes

### Amendments

[82 FR 57379, Dec. 5, 2017, as amended at 85 FR 47697, Aug. 6, 2020; 88 FR 318, Jan. 4, 2023; 90 FR 24079, June 6, 2025]

### Authority

Authority: 49 U.S.C. 10701, 10704, 11701 and 1321.

### Source

Source: 82 FR 57379, Dec. 5, 2017, unless otherwise noted.

### Amendments

[82 FR 57379, Dec. 5, 2017, as amended at 85 FR 47697, Aug. 6, 2020; 88 FR 318, Jan. 4, 2023; 90 FR 24079, June 6, 2025]