§ 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) 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) 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.
( 3 ) ( i ) In cases relying upon the Final Offer Rate Review procedure where the complainant elects streamlined market dominance: ( A ) Day −25—Complainant files notice of intent to initiate case and serves notice on defendant.
( B ) Day 0—Complaint filed; discovery begins.
( C ) Day 35—Discovery closes.
( D ) Day 49—Complainant's opening (rate reasonableness analysis, final offer, and opening evidence on market dominance). Defendant's opening (rate reasonableness analysis and final offer).
( E ) Day 59—Parties' replies. Defendant's reply evidence on market dominance.
( F ) Day 66—Complainant's letter informing the Board whether it elects an evidentiary hearing on market dominance.
( G ) Day 73—Telephonic evidentiary hearing before an administrative law judge, as described in § 1111.12(d) of this chapter, at the discretion of the complainant (market dominance).
( H ) Day 149—Board decision.
( ii ) In cases relying upon the Final Offer Rate Review procedure where the complainant elects non-streamlined market dominance: ( A ) Day -25—Complainant files notice of intent to initiate case and serves notice on defendant.
( B ) Day 0—Complaint filed; discovery begins.
( C ) Day 35—Discovery closes.
( D ) Day 49—Complainant's opening (rate reasonableness analysis, final offer, and opening evidence on market dominance). Defendant's opening (rate reasonableness analysis and final offer).
( E ) Day 79—Parties' replies. Defendant's reply evidence on market dominance.
( F ) Day 169—Board decision.
( iii ) In addition, the Board will appoint a liaison within five business days after the Board receives the pre-filing notification.
( iv ) The mediation period in Final Offer Rate Review cases is 20 days beginning on the date of appointment of the mediator(s). The Board will appoint a mediator or mediators as soon as possible after the filing of the notice of intent to initiate a case.
( v ) With its final offer, each party must submit an explanation of the methodology it used. If a complainant fails to submit explanation and support for its offer, the Board may dismiss the complaint without determining the reasonableness of the challenged rate.
( 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.
[82 FR 57379, Dec. 5, 2017, as amended at 85 FR 47697, Aug. 6, 2020; 88 FR 318, Jan. 4, 2023]