[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: 49CFR1313.9]

[Page 230]
 
                        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. 1313.9  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;
    (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 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.