[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: 49CFR1313.10]

[Page 230-232]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER X--SURFACE TRANSPORTATION BOARD, DEPARTMENT OF TRANSPORTATION 
                               (Continued)
 
PART 1313_RAILROAD CONTRACTS FOR THE TRANSPORTATION OF AGRICULTURAL 
PRODUCTS--Table of Contents
 
Sec. 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 the petitioner's 
complaint is based under Sec. 1313.9.
    (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

[[Page 231]]

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 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.
    (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 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. (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 information through proceedings before the Board or through 
informal discovery.
    (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

[[Page 232]]

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