[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1300.3]

[Page 214-215]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER X--SURFACE TRANSPORTATION BOARD, DEPARTMENT OF TRANSPORTATION 
                               (Continued)
 
PART 1300_DISCLOSURE, PUBLICATION, AND NOTICE OF CHANGE OF RATES AND 
OTHER SERVICE TERMS FOR RAIL COMMON CARRIAGE--Table of Contents
 
Sec. 1300.3  Response to request for establishment of a new rate.

    Where a shipper or a prospective shipper or person acting on behalf 
of a shipper or a prospective shipper requests that the carrier 
establish a rate in the absence of an existing rate for particular 
transportation, the carrier must promptly establish and provide to the 
requester a rate and applicable service terms. The information may be 
provided either in written or electronic form, as agreed to by the 
parties. If the parties cannot agree, such information is to be provided 
in electronic (non-passive) form where both parties have the requisite 
capabilities; otherwise, it is to be provided in writing. The response

[[Page 215]]

should be provided as soon as reasonably possible, but no later than 10 
business days from receipt of the request. If a carrier determines that 
additional information is required from the requester before a rate or 
term can be established, the carrier must so notify the requester as 
soon as possible, but no later than 10 business days after receipt of 
the request. Once the additional information is received, the carrier 
must set the rate and related service terms, and relay them to the 
requester, as soon as reasonably possible, but no later than 10 business 
days from the receipt of the additional information. (However, the 
parties may agree to a different time period, in which case these time 
periods would not apply.) A rail carrier may, at its option, require 
that requests submitted under this section be in written or electronic 
form, although the carrier may permit oral requests.