In support of their Motion to Dismiss the Amended Class Action Complaint, and particularly in support of the arguments that all claims against Tropical should be dismissed as preempted by the filed rate doctrine or because they are within the primary jurisdiction of the STB (Points I and II), Defendants rely on the fact that Tropical is a “water carrier” required to file tariff rates with the STB pursuant to federal statutes and regulations. Federal statutes vest the STB with “jurisdiction over transportation insofar as water carriers are concerned,” including water carriers in the noncontiguous domestic trade such as Tropical. 49 U.S.C. § 13521. The provisions of 49 U.S.C. § 13702 require water carriers such as Tropical to “publish and file with the Board tariffs containing the rates established for such Case 1:17-cv-20704-KMW Document 100 Entered on FLSD Docket 11/16/2018 Page 2 of 4 3 transportation or service” in “noncontiguous domestic trade.”

Carriers providing Puerto Rican Cabotage are “subject to jurisdiction under chapter 135.” 49 U.S.C. § 13521(a)(1). (“The Secretary and the Board [STB] have jurisdiction over transportation insofar as water carriers are concerned . . . between a place in 13 Motor carriers remain obligated to file tariffs for the movement of household goods.