Agricultural Contract Summaries

49 C.F.R. § 1313.1

Page 1

Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1313. Railroad Contracts for the
Transportation of Agricultural Products
(Refs & Annos)
§ 1313.1 Scope; definition of
terms.

(d) An amended contract is treated as a new contract under this part. Remedies are revived and review is again available, upon complaint.
SOURCE: 61 FR 68669, Dec. 30, 1996, unless otherwise noted.
AUTHORITY: 49 U.S.C. 721(a) and 10709.
49 C. F. R. § 1313.1, 49 CFR § 1313.1
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

(a) This part addresses the provisions of 49 U.S.C.
10709 that require rail carriers to file with the
Board a summary of each contract for the transportation of agricultural products (including grain, as
defined in 7 U.S.C. 75 and products thereof) and
that allow complaints to be filed with the Board regarding such contracts.
(b) The provisions of this part do not apply to any
transportation that is exempted from the Board's
contract regulation pursuant to an exemption issued
under 49 U.S.C. 10502 or former 49 U.S.C. 10505
(repealed effective January 1, 1996).
(c) For purposes of this part, the term contract
means an agreement, including any amendment
thereto, entered into by one or more rail carriers
and one or more purchasers of rail services to
provide specified transportation of agricultural
products (including grain, as defined in 7 U.S.C. 75
and products thereof) under specified rates and conditions. The term amendment includes contract
modifications agreed to by the parties.

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49 C.F.R. § 1313.2

Page 1

Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1313. Railroad Contracts for the
Transportation of Agricultural Products
(Refs & Annos)
§ 1313.2 Contract summary filing
requirement.
(a) Rail carriers subject to the jurisdiction of the
Surface Transportation Board under 49 U.S.C.
10501 must promptly file with the Board a summary of each contract entered into for the transportation of agricultural products.
(b) Contract summaries not in compliance with this
part may be rejected by the Board. If a contract
summary is rejected, it will be considered as not
filed, and the carrier must promptly file a corrected
contract summary to replace the rejected summary.
SOURCE: 61 FR 68669, Dec. 30, 1996, unless otherwise noted.
AUTHORITY: 49 U.S.C. 721(a) and 10709.
49 C. F. R. § 1313.2, 49 CFR § 1313.2
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

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49 C.F.R. § 1313.3

Page 1

Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1313. Railroad Contracts for the
Transportation of Agricultural Products
(Refs & Annos)
§ 1313.3 Board review; contract
disapproval.

in the contract at issue, with such differences in
terms and conditions as are justified by the
evidence.
(c) Applicable rates/charges if a contract is disapproved. If the Board disapproves a contract (or contract amendment), the appropriate non-contract
rates/charges (or the contract provisions otherwise
in effect) will be applicable.
SOURCE: 61 FR 68669, Dec. 30, 1996, unless otherwise noted.
AUTHORITY: 49 U.S.C. 721(a) and 10709.
49 C. F. R. § 1313.3, 49 CFR § 1313.3

(a) Board review.
Current through March 21, 2013; 78 FR 17299.
(1) No later than 30 days after a contract summary is filed, the Board may, on complaint, begin a proceeding to review such contract on the
grounds described in § 1313.9.

© 2013 Thomson Reuters.
END OF DOCUMENT

(2) If the Board begins a proceeding, it shall
determine, within 30 days after the proceeding
is commenced, whether the contract is in violation of 49 U.S.C. 10709.
(b) Contract disapproval. If the Board finds that the
contract is in violation of 49 U.S.C. 10709, it will:
(1) Disapprove the contract; or
(2) Where the Board finds unreasonable discrimination, in accordance with 49 U.S.C.
10709(g)(2)(B)(i), order the contracting carrier(s) to provide to the complainant(s) rates and
service substantially similar to those contained

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49 C.F.R. § 1313.4

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er;
Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1313. Railroad Contracts for the
Transportation of Agricultural Products
(Refs & Annos)
§ 1313.4 Filing procedures and
formats for contract summaries.
(a) Filing of Summaries.
(1) Two copies of each contract summary, containing the applicable information specified in
§§ 1313.6, 1313.7, or 1313.8, as appropriate,
must be filed with the Board as soon as possible, but no longer than 7 days after the date of
the contract (or contract amendment).
(2) The outside envelope or wrapper containing
one or more contract summaries must be prominently marked “Rail Contract Summary” and
addressed to: Tariffs Branch, Surface Transportation Board, Washington, DC 20423.
(3) A transmittal letter identifying the submitted publication(s), and the name and telephone
number of a contact person, must accompany
each filing of one or more contract summaries.
Each transmittal letter shall clearly indicate in
the upper left-hand corner thereof:
(i) The assigned alpha code of the filing carri-

(ii) The number of summaries transmitted;
(iii) The filing fee enclosed, the account number to be billed, or the credit card to be
charged;
(iv) The transmittal number if the filer utilizes
transmittal numbers; and
(v) If the filing fee is charged to a credit card,
the information must include the credit card
number and expiration date, and an authorized
signature.
(b) Contract summary title page. The title page of
each contract summary must contain only the following information:
(1) In the upper right corner, the contract summary number (see paragraph (c) of this section), followed by the amendment number if an
amended contract summary.
(2) In the center of the page, the filing carrier's
name, followed by the words “CONTRACT
SUMMARY” or “AMENDED CONTRACT
SUMMARY”, as applicable, in large print.
(3) Date of contract and its effective date.
(4) In the center lower portion, the individual
submitting the filing, and the name of the individual(s) for service of complaints (if not the
same individual). If not otherwise noted, a
complainant may rely on service to the individual submitting the filing.

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49 C.F.R. § 1313.4

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(c) Contract summary numbering system.
(1) The contract summary identification number must include the word “STB,” the standard
carrier alphabetic code for the filing railroad
(limited to four letters), the letter “C,” and a sequential number, with each separated by a hyphen. The following is an example: the 357th
contract summary filed by the Conrail would
have the following identification number:
“STB–CR–C–357.”
(2) At its option, the carrier may issue contract
summaries with nonconsecutive numbers if it
assigns blocks of numbers for specific uses. An
index to the blocks of reserved numbers shall
be filed with the Board.

confidential data.
(3) Amended contract summaries may not substitute phrases such as “not applicable” or “no
change” where disclosure was required in the
original contract summary (such as in the commodity description); amended contract summaries must set forth all required nonconfidential terms in the contract, whether
amended or not.
SOURCE: 61 FR 68669, Dec. 30, 1996, unless otherwise noted.
AUTHORITY: 49 U.S.C. 721(a) and 10709.
49 C. F. R. § 1313.4, 49 CFR § 1313.4

(d) Format requirements for contract summary information.
(1) The contract summary must enumerate and
have each item required in §§ 1313.6, 1313.7
or 1313.8 of this part, as applicable, completed.
When the item does not pertain to the contract,
the term “Not Applicable” (“NA”) shall be
used.

Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

(2) Changes in prior contract summaries must
be underscored and must be followed by the
words “addition,” “deletion,” “extension,”
“cancellation,” or other appropriate descriptive
phrase in parentheses. If the change to the contract is only in confidential matter, a statement
to that effect must be made in the amended
contract summary and must indicate the particular feature to which the change applies (i.e.,
rate, special feature, etc.). If “not applicable” is
permitted in the original summary under §§
1313.6 through 1313.8 of this part, the
amended summary may use “not applicable”
with a notation that a change pertained only to

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49 C.F.R. § 1313.5

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© 2013 Thomson Reuters.
END OF DOCUMENT
Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1313. Railroad Contracts for the
Transportation of Agricultural Products
(Refs & Annos)
§ 1313.5 Contract and contract
summary availability.
(a)(1) A contract summary filed under these rules
shall be made available for public inspection in the
Tariffs Branch of the Surface Transportation Board.
(2) A contract summary filed under these rules
also shall be made available by the carrier(s)
participating in the contract, upon reasonable
request.
(b) Where not already required by § 1313.10(a)(5)
of this part, the contract for which a summary is
filed under these rules shall be provided immediately to the Board, upon request, for its use in carrying out its functions under the statute.
SOURCE: 61 FR 68669, Dec. 30, 1996, unless otherwise noted.
AUTHORITY: 49 U.S.C. 721(a) and 10709.
49 C. F. R. § 1313.5, 49 CFR § 1313.5
Current through March 21, 2013; 78 FR 17299.

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

49 C.F.R. § 1313.6

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Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1313. Railroad Contracts for the
Transportation of Agricultural Products
(Refs & Annos)
§ 1313.6 Contract summary for
agricultural commodities.
(a) Summary information. The summary of a contract for the transportation of agricultural commodities must contain the following information:
(1) Carrier names. A list, alphabetically arranged, of the corporate names of all carriers
that are parties to the contract, and their addresses for service of complaints.
(2) Specific commodity. The specific commodity or commodities to be transported under the
contract. Vague commodity descriptions such
as “grain” are not permitted, even if that is the
commodity description in the contract.
(3) Shipper identity. The specific identity of
the shipper party to the contract, as well as any
other party or parties on whose behalf that
shipper is acting (to the extent known).
(4) Specific origins, destinations, transit points,
and other shipper facilities.

(i) Each specific origin and destination point to
and from which the contract applies. Vague descriptions such as “various points in Kansas”
are not acceptable. Broad geographic descriptions such as “all stations in Kansas” are permitted only to the extent such terms are actually used in the contract and such origins and
destinations are subject to specific identification by reference to available publications.
(ii) Each port involved.
(iii) Each transit point identified in the contract.
(iv) Each shipper facility affecting performance
under the contract (if not included in the origin/destination points or transit points), to the
extent identified in the contract or known to the
contracting parties.
(5) Contract duration.
(i) The date on which the contract has or will
become applicable to the transportation services covered by the contract.
(ii) The termination date of the contract, and
any terms for automatic extension or renewal
of the contract.
(iii) Any provisions for optional extension.
(6) Rail car data.
(i) Either the information in paragraph
(a)(6)(A) of this section or the certified statement in paragraph (a)(6)(B) of this section as

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49 C.F.R. § 1313.6

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follows:

(i) The specific base rates and/or charges that
would apply without the contract.

(A) The number of dedicated cars (or, at
the carrier's option, car days), by major car
type, to be used to fulfill the contract or
contract options, including those that are:
(1) Available and owned by the carrier(s) listed in paragraph (a)(1) of this
section;
(2) Available and leased by those carrier(s), with average number of badorder cars identified; and
(3) (Optional) On order (for ownership
or lease), along with delivery dates.

(ii) A summary of any escalation provisions in
the contract.
(8) Volume. All volume, car and/or train size
requirements, as set forth in the contract, including:
(i) Movement type (single-car, multiple-car,
unit-train).
(ii) Minimum and actual volume requirements
under the contract, by applicable period(s)
(annual, quarterly, etc.).
(iii) Volume breakpoints affecting the contract.

(B) A certified statement that:
(1) The shipper will furnish the rail
cars used for the transportation
provided under the contract, and that
those rail cars will not be leased from
the carrier; or
(2) The contract is restricted to services which do not entail car supply.
(ii) For contract summaries filed on or before
September 30, 1998, a certified statement that
the cumulative equipment total for all contracts
for the transportation of agricultural commodities (including forest products, but not including
wood pulp, wood chips, pulpwood or paper)
does not exceed 40 percent of the capacity of
carrier-owned and -leased cars by applicable
car type.

(9) Special features. The existence (but not the
terms or amount) of any special features, such
as transit-time commitments, credit terms, discounts, switching, special demurrage, guaranteed or minimum percentages, etc.
(b) Supplemental information. In the event a complaint is filed that is directed at a carrier's ability to
fulfill its common carrier obligation with carrierfurnished cars, the carrier(s) shall immediately supplement the information contained in the contract
summary by submitting to the Board, and supplying
to the complainant, additional data on the cars used
to fulfill the challenged contract. This additional
data shall include (by major car type used to fulfill
the contract):
(1) Total bad-car orders;
(2) Assigned car obligations; and

(7) Rates and charges.

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49 C.F.R. § 1313.6

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(3) Free-running cars.
SOURCE: 61 FR 68669, Dec. 30, 1996, unless otherwise noted.
AUTHORITY: 49 U.S.C. 721(a) and 10709.
49 C. F. R. § 1313.6, 49 CFR § 1313.6
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

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49 C.F.R. § 1313.7

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Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1313. Railroad Contracts for the
Transportation of Agricultural Products
(Refs & Annos)
§ 1313.7 Contract summary for
grain products--involving a port.
(a) Summary information. The summary of a contract for the transportation of grain products that involves service to or from a port must contain the
following information:
(1) Carrier names. A list, alphabetically arranged, of the corporate names of all carriers
that are parties to the contract, and their addresses for service of complaints.
(2) Specific commodity. The specific commodities to be transported under the contract. Broad
commodity descriptions such as “grain
products” are permitted only to the extent that
is the commodity description in the contract.

(ii) The termination date of the contract, and
any terms for automatic extension or renewal
of the contract.
(4) Rates and charges.
(i) The specific base rates and/or charges that
would apply without the contract.
(ii) The existence (but not the terms or amount)
of any escalation provisions.
(5) Volumes. The existence (but not the terms
or amount) of any provisions regarding movement type (e.g. single-car, multiple-car, unittrain) or minimum volume requirements.
(6) Special features. The existence (but not the
terms or amount) of special features such as
transit time commitments, guaranteed car supply, minimum percentage of traffic requirements, credit terms, discounts, etc.
(7) Rail car data. Either the information in
paragraph (a)(7)(i) of this section or the certified statement in paragraph (a)(7)(ii) of this
section as follows:
(i) The number of dedicated cars (or, at the carrier's option, car days), by major car type, to be
used to fulfill the contract or contract options,
including those that are:

(3) Contract duration.
(i) The date on which the contract has or will
become applicable to the transportation services covered by the contract.

(A) Available and owned by the carrier(s)
listed in paragraph (a)(1) of this section;
(B) Available and leased by those carrier(s), with average number of bad-order

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49 C.F.R. § 1313.7

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cars identified; and
(C) (Optional) On order (for ownership or
lease), along with delivery dates.
(ii) A certified statement that:
(A) The shipper will furnish the rail cars
used for the transportation provided under
the contract, and that those rail cars will
not be leased from the carrier; or

(3) Free-running cars.
SOURCE: 61 FR 68669, Dec. 30, 1996, unless otherwise noted.
AUTHORITY: 49 U.S.C. 721(a) and 10709.
49 C. F. R. § 1313.7, 49 CFR § 1313.7
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

(B) The contract is restricted to services
which do not entail car supply.
(8) Ports.
(i) The port(s) involved.
(ii) Either the mileages (rounded to the nearest
50 miles) between the port and each inland origin or destination, or the specific inland origin
and destination points.
(b) Supplemental information. In the event a complaint is filed that is directed at a carrier's ability to
fulfill its common carrier obligation with carrierfurnished cars, the carrier(s) shall immediately supplement the information contained in the contract
summary by submitting to the Board, and supplying
to the complainant, additional data on the cars used
to fulfill the challenged contract. This additional
data shall include (by major car type used to fulfill
the contract):
(1) Total bad-car orders;
(2) Assigned car obligations; and

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49 C.F.R. § 1313.8

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Current through March 21, 2013; 78 FR 17299.
Effective:[See Text Amendments]

© 2013 Thomson Reuters.
END OF DOCUMENT

Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1313. Railroad Contracts for the
Transportation of Agricultural Products
(Refs & Annos)
§ 1313.8 Contract summary for
grain products--not involving a port.
(a) Summary information. The summary of a contract for the transportation of grain products that
does not involve service to or from a port must contain the information specified in § 1313.7, paragraphs (a)(1), (2), (3) and (7). It must also contain
the information specified in § 1313.7(a)(6) if the
contract contains such terms.
(b) Supplemental information. In the event a complaint is filed that is directed at a carrier's ability to
fulfill its common carrier obligation with carrierfurnished cars, the carrier(s) shall immediately supplement the information contained in the contract
summary by submitting to the Board, and supplying
to the complainant, additional data specified in §
1313.7(b).
SOURCE: 61 FR 68669, Dec. 30, 1996, unless otherwise noted.
AUTHORITY: 49 U.S.C. 721(a) and 10709.
49 C. F. R. § 1313.8, 49 CFR § 1313.8

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49 C.F.R. § 1313.9

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Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1313. Railroad Contracts for the
Transportation of Agricultural Products
(Refs & Annos)
§ 1313.9 Grounds for complaints
and contract review.
(a) A complaint may be filed against a contract
covered by this part:
(1) By any shipper on the ground that such
shipper individually will be harmed because
the contract unduly impairs the ability of the
contracting rail carrier or carriers to meet their
common carrier obligations to the complainant
under 49 U.S.C. 11101;

under similar conditions to the contract at issue, and that such shipper was ready, willing,
and able to enter into such a contract at a time
essentially contemporaneous with the period
during which the contract at issue was offered;
or
(ii) The contract constitutes a destructive competitive practice.
(b) Unreasonable discrimination, for purposes of
paragraph (a)(3)(i) of this section, has the same
meaning as the term has under 49 U.S.C. 10741.
SOURCE: 61 FR 68669, Dec. 30, 1996, unless otherwise noted.
AUTHORITY: 49 U.S.C. 721(a) and 10709.
49 C. F. R. § 1313.9, 49 CFR § 1313.9
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

(2) By a port on the ground that such port individually will be harmed because the contract
will result in unreasonable discrimination
against such port; and
(3) By a shipper of agricultural commodities on
the ground that such shipper individually will
be harmed because:
(i) The rail carrier has unreasonably discriminated by refusing to enter into a contract with
such shipper for rates and services for the
transportation of the same type of commodity

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49 C.F.R. § 1313.10

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the petitioner's complaint is based under §
1313.9.
Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1313. Railroad Contracts for the
Transportation of Agricultural Products
(Refs & Annos)
§ 1313.10 Procedures for complaints and discovery.
(a) Complaints, discovery petitions, replies, and appeals-(1) Initial filing. Complaints must be filed by
the 18th day after the contract summary is
filed. Any discovery petition must accompany
the complaint.
(2) Complaint. A complaint must contain the
correct, unabbreviated names and addresses of
the complainant(s) and defendant(s). The complainant must set out the statutory provisions
under which it has standing to file a complaint,
and its reasons for requesting that the Board
find the challenged contract unlawful.
(3) Discovery petition. A discovery petition
must note on the front page “Petition for Discovery of Rail Contract” and note the contract
(and any applicable amendment) number. It
should provide the following information:
(i) Standing--grounds. The ground upon which

(ii) Standing--affected party. Pertinent information regarding the petitioner's actual or potential participation in the relevant market, including:
(A) The nature and volume of petitioner's
relevant business.
(B) The relevant commodities that petitioner ships or receives.
(C) Comparisons of the petitioner's commodities, locations of shipping facilities
and serving carriers, actual or potential
traffic patterns and serving carrier(s), with
the traffic patterns and serving carrier(s)
identified in the contract summary. State
whether petitioner is a consignor or consignee.
(D) The petitioner's ability to ship the
commodity in question at a time generally
simultaneous with the challenged contract.
(E) The potential effect of the contract on
the petitioner's relevant business.
(F) Any additional supporting information,
including prior negotiations, if any.
(iii) Relevance. The relevance of the information sought to the petitioner's challenge to the
contract.
(iv) Nexus. Where the complaint challenges a

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carrier's ability to perform its common carrier
obligation, the nexus between the information
sought and the common carrier obligation of
the contracting carrier(s).
(4) Service of pleadings. The complainant must
certify that 2 copies of the complaint, and discovery petition if filed, have been sent to the
contracting carrier(s) either by hand, express
mail, or other overnight delivery service the
same day as filed at the Board. The contracting
carrier shall in turn serve the contracting shipper with a copy of the complaint and petition.
Replies shall be served in the same manner on
complainant/petitioner.
(5) Submission of contract. Immediately upon
the filing of a complaint, the rail carrier filing
the contract summary shall forward to the
Board, by hand, express mail, or other
overnight delivery service, the subject contract
or amended contract.

filed.
(ii) The appeal must be marked “Appeal of
Delegated Authority Action Regarding Rail
Contract Discovery”.
(iii) Telegraphic notice or its equivalent must
be given to the opposing parties.
(iv) Replies to the appeal must be filed within
one day after the appeal is filed.
(v) An original and 10 copies of appeals and
replies must be filed with the Board.
(9) Furnishing of information. If discovery is
granted, the carrier must furnish the required
information to the petitioner by the 1st working
day after the Board issues its decision.
(b) Informal discovery.

(6) Replies. Replies to the complaint/petition
are due within 5 days from the date of filing of
the complaint/petition, and in no event later
than noon on the 23rd day following filing of
the contract summary.
(7) Copies. An original and 10 copies of complaints, petitions and replies must be filed with
the Board in a package marked “Confidential
Rail Contract Material”.
(8) Discovery appeals. If action on a petition
for discovery is taken under delegated authority, that action may be appealed to the Board,
subject to the following:
(i) An appeal must be received within 2 days of
the initial decision, but in no event later than
the 28th day after the contract summary is

(1) Prior to filing a petition for formal discovery under paragraph (a) of this section, a petitioner may request discovery from the carrier.
(2) The carrier must promptly grant or deny the
request.
(3) Agreements between carriers and shippers
for informal discovery are permitted under
these rules.
(c) Confidentiality. If confidential contract data are
filed with the Board in a pleading, the party filing
these data should submit them as a separate package, clearly marked on the outside “Confidential
Material Subject to Protective Order.” The order in
paragraph (d) of this section applies to the parties
specified in the order who receive confidential in-

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49 C.F.R. § 1313.10

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formation through proceedings before the Board or
through informal discovery.

but no later than 46 days after the filing of the contract summary.

(d) Protective order. Petitioner and carriers, and
their duly authorized agents, shall limit to the contract complaint proceeding the use of contract information or other confidential commercial information which may be revealed in the contract, the
complaint, reply, or in any other pleading relating
to the contract. This restriction shall be a condition
to release of any contract term to a petitioner/
complainant and shall operate similarly on a carrier
in possession of confidential information which
may be contained in a complaint, petition for discovery, or request for informal disclosure. Any information pertaining to parties to the contract or
subject to the contract (including consignors, consignees and carriers), or pertaining to the terms of
the contract, or relating to the petitioner's/complainant's confidential commercial information, must be kept confidential. Neither the information nor the existence of the information shall
be disclosed to third parties, except for: consultants
or agents who agree, in writing, to be bound by this
regulation; information which is publicly available;
information which, after receipt, becomes publicly
available through no fault of the party seeking to
disclose the information after it has become publicly available, or is acquired from a third party free
of any restriction as to its disclosure. The petitioner/complainant or carrier must take all necessary
steps to assure that the information will be kept
confidential by its employees and agents. No copies
of the contract terms or other confidential information are to be retained by the parties not originally
privy to the data subsequent to the termination of
the proceeding.

SOURCE: 61 FR 68669, Dec. 30, 1996, unless otherwise noted.
AUTHORITY: 49 U.S.C. 721(a) and 10709.
49 C. F. R. § 1313.10, 49 CFR § 1313.10
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

(e) Contract review proceeding. If the Board institutes a proceeding to review the contract, the complainant's case-in-chief is due 9 days after the institution of the proceeding, but no later than 39 days
after the filing of the contract summary. Replies are
due 16 days after the institution of the proceeding,

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