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.
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.
Each transit point identified in the contract.
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.
The date on which the contract has or will become applicable to the transportation services covered by the contract.
The termination date of the contract, and any terms for automatic extension or renewal of the contract.
Any provisions for optional extension.
(6) Rail car data.
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:
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.
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.
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.
(7) Rates and charges.
The specific base rates and/or charges that would apply without the contract.
A summary of any escalation provisions in the contract.
All volume, car and/or train size requirements, as set forth in the contract, including:
Movement type (single-car, multiple-car, unit-train).
Minimum and actual volume requirements under the contract, by applicable period(s) (annual, quarterly, etc.).
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):
Total bad-car orders;
Assigned car obligations; and