---
kind: "section"
citation: "49 C.F.R. § 1155.12"
title: "49"
number: "1155.12"
heading: "Participation in petition proceedings."
url: "https://uscodex.org/cfr/49/1155.12"
---

# §1155.12. Participation in petition proceedings.

- (a) An interested person may file a reply to the petition challenging any of the information contained in the petition that is required by [49 CFR 1155.10(c) through (e)](/cfr/49/1155.10.md?p=c..e) and may offer evidence to support its contention. The petitioner will have an opportunity to file a rebuttal.
- (b) A facility can acknowledge that it was a solid waste rail transfer facility on October 16, 2008, but no longer operates as such and therefore is not required to seek a land-use-exemption permit. To do so, a facility must file with the Board a certification stating that it:
  - (1) No longer operates as a solid waste transfer facility;
  - (2) Understands that by certifying that it no longer operates as a solid waste transfer facility, it no longer qualifies as a facility in existence on October 16, 2008 for purposes of the Clean Railroad Act and these regulations; and
  - (3) Understands that if it seeks a land-use-exemption permit in the future, it would be required to do so as a proposed facility.
- (c) **Filing and service of replies.**
  - (1) Any reply shall be filed with the Board (the Chief of Case Administration, Office of Chief Counsel, Surface Transportation Board, 395 E Street SW., Washington, DC 20423) within 20 days of the filing with the Board of the petition.
  - (2) A copy of the reply shall be served on petitioner or its representative at the time of filing with the Board. Each filing shall contain a certificate of service.
  - (3) Any rebuttal to a reply shall be filed and served by petitioner no later than 30 days after the filing of the petition.

## Notes

### Authority

Authority: 49 U.S.C. 1321(a), 10908, 10909, 10910.

### Source

Source: 77 FR 69774, Nov. 21, 2012, unless otherwise noted.