---
kind: "section"
citation: "49 C.F.R. § 1145.5"
title: "49"
number: "1145.5"
heading: "Procedures."
url: "https://uscodex.org/cfr/49/1145.5"
---

# §1145.5. Procedures.

- (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](/cfr/49/1145.2.md), 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)](#b).
  - (1) Confirmation that the petitioner attempted good faith negotiations as required by [§ 1145.4](/cfr/49/1145.4.md), 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.

## Notes

### Authority

Authority: 49 U.S.C. 1321 and 11102.

### Source

Source: 89 FR 38706, May 7, 2024, unless otherwise noted.