[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: 49CFR1313.6]

[Page 228-229]
 
                        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. 1313.6  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 follows:
    (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 
bad-order cars identified; and
    (3) (Optional) On order (for ownership or lease), along with 
delivery dates.
    (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,

[[Page 229]]

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.
    (7) Rates and charges. (i) The specific base rates and/or charges 
that would apply without the contract.
    (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.
    (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 carrier-furnished 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
    (3) Free-running cars.