49 CFR § 1144.1 - Negotiation.

---
identifier: "/us/cfr/t49/s1144.1"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 1144.1 - Negotiation."
title_number: 49
title_name: "Transportation"
section_number: "1144.1"
section_name: "Negotiation."
chapter_name: "SURFACE TRANSPORTATION BOARD"
subchapter_number: "B"
subchapter_name: "RULES OF PRACTICE"
part_number: "1144"
part_name: "INTRAMODAL RAIL COMPETITION"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 1321, 10703, 10705, and 11102."
regulatory_source: "67 FR 61290, Sept. 30, 2002, unless otherwise noted."
cfr_part: "1144"
---


# 1144.1 Negotiation.

(a) *Timing.* At least 5 days prior to seeking the prescription of a through route, joint rate, or reciprocal switching, the party intending to initiate such action must first seek to engage in negotiations to resolve its dispute with the prospective defendants.

(b) *Participation.* Participation or failure to participate in negotiations does not waive a party's right to file a timely request for prescription.

(c) *Arbitration.* The parties may use arbitration as part of the negotiation process, or in lieu of litigation before the Board.