Disclosure of Rail Interchange Commitments - Regulatory Support

[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2010]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1114.30]
[Page 143-144]
TITLE 49--TRANSPORTATION
CHAPTER X--SURFACE TRANSPORTATION BOARD, DEPARTMENT OF TRANSPORTATION
PART 1114_EVIDENCE; DISCOVERY--Table of Contents
Subpart B_Discovery
Sec. 1114.30 Production of documents and records and entry upon land
for inspection and other purposes.
*******************
(d) Agreements containing interchange commitments. In any proceeding
involving the reasonableness of provisions related to an existing rail
carrier sale or lease agreement that serve to induce a party to the
agreement to interchange traffic with another party to the agreement,
rather than with a third-party connecting carrier, whether by outright
prohibition, per-car penalty, adjustment in the purchase price or
rental, positive economic inducement, or other means, a party to the
proceeding with a need for the information may obtain a confidential,
complete version of the agreement, with the prior approval of the Board.
The party seeking such approval must file an appropriate motion
containing an explanation of the party's need for the information and a
draft protective order and undertaking(s) that will ensure the agreement
is kept confidential. The motion seeking approval may be filed at any
time after the initial complaint or petition, including before the
answer to the complaint or petition is due. A reply to such a motion
must be filed within 5 days thereafter. The motion will be considered by
the Board in an expedited manner.
[61 FR 52713, Oct. 8, 1996, as amended at 72 FR 51377, Sept. 7, 2007; 73
FR 31034, May 30, 2008]

[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2010]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1121.3]
[Page 150-151]
TITLE 49--TRANSPORTATION
CHAPTER X--SURFACE TRANSPORTATION BOARD, DEPARTMENT OF TRANSPORTATION
PART 1121_RAIL EXEMPTION PROCEDURES--Table of Contents

Sec. 1121.3

Content.

*******************
(d) Transactions imposing interchange commitments. (1) If a proposed
acquisition or operation of a rail line involves a provision or
agreement that may limit future interchange with a third-party
connecting carrier, whether by outright prohibition, per-car penalty,
adjustment in the purchase price or rental, positive economic
inducement, or other means (``interchange commitment''), the following
additional information must be provided:
(i) The existence of that provision or agreement and identification
of the affected interchange points; and
(ii) A confidential, complete version of the document(s) containing
or addressing that provision or agreement, which may be filed with the
Board under 49 CFR 1104.14(a) and will be kept confidential without need
for the filing of an accompanying motion for a protective order under 49
CFR 1104.14(b).
(2) To obtain information about an interchange commitment for use in
a proceeding before the Board, a shipper or other affected party may be
granted access to the confidential documents filed pursuant to paragraph
(d)(1) of this section by filing, and serving upon the petitioner, a
``Motion for Access to Confidential Documents,'' containing:
(i) An explanation of the party's need for the information; and
(ii) An appropriate draft protective order and confidentiality
undertaking(s) that will ensure that the documents are kept
confidential.
*******************
(iii) Parties must produce the relevant documents within 5 days of
receipt of a Board approved, signed confidentiality agreement.
[61 FR 52714, Oct. 8, 1996, as amended at 73 FR 31034, May 30, 2008]

[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2010]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1150.33]
[Page 191-192]
TITLE 49--TRANSPORTATION
CHAPTER X--SURFACE TRANSPORTATION BOARD, DEPARTMENT OF TRANSPORTATION
PART 1150_CERTIFICATE TO CONSTRUCT, ACQUIRE, OR OPERATE RAILROAD
LINES--Table of Contents
Subpart D_Exempt Transactions Under 49 U.S.C. 10901
Sec. 1150.33 Information to be contained in notice--transactions that
involve creation of Class III carriers.

*******************
(h) Transactions imposing interchange commitments. (1) If a proposed
acquisition or operation of a rail line or change of operators involves
a provision or agreement that may limit future interchange with a thirdparty connecting carrier, whether by outright prohibition, per-car
penalty, adjustment in the purchase price or rental, positive economic
inducement, or other means (``interchange commitment''), the following
additional information must be provided:
(i) The existence of that provision or agreement and identification
of the affected interchange points; and
(ii) A confidential, complete version of the document(s) containing
or addressing that provision or agreement, which may be filed with the
Board under 49 CFR 1104.14(a) and will be kept confidential without need
for the filing of an accompanying motion for a protective order under 49
CFR 1104.14(b).
(2) To obtain information about an interchange commitment for use in
a proceeding before the Board, a shipper or other affected party may be
granted access to the confidential documents filed pursuant to paragraph
(h)(1) of this section by filing, and serving upon the petitioner, a
``Motion for Access to Confidential Documents,'' containing:
(i) An explanation of the party's need for the information; and
(ii) An appropriate draft protective order and confidentiality
undertaking(s) that will ensure that the documents are kept
confidential.
*******************
[[Page 192]]
(ii) The Board will rule on a Motion for Access within 30 days after
the motion is filed.
(iii) Parties must produce the relevant documents within 5 days of
receipt of a Board approved, signed confidentiality agreement.
[51 FR 2504, Jan. 17, 1986, as amended at 51 FR 25207, July 11, 1986; 53
FR 4626, Feb. 17, 1988; 53 FR 5982, Feb. 29, 1988; 56 FR 36111, July 31,
1991; 73 FR 31034, May 30, 2008]

[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2010]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1150.43]
[Page 196]
TITLE 49--TRANSPORTATION
CHAPTER X--SURFACE TRANSPORTATION BOARD, DEPARTMENT OF TRANSPORTATION
PART 1150_CERTIFICATE TO CONSTRUCT, ACQUIRE, OR OPERATE RAILROAD
LINES--Table of Contents
Subpart E_Exempt Transactions Under 49 U.S.C. 10902 for Class III Rail

Carriers
Sec. 1150.43 Information to be contained in notice for small line
acquisitions.
*******************
(h) Transactions imposing interchange commitments. (1) If a proposed
acquisition or operation of a rail line or change of operators involves
a provision or agreement that may limit future interchange with a thirdparty connecting carrier, whether by outright prohibition, per-car
penalty, adjustment in the purchase price or rental, positive economic
inducement, or other means (``interchange commitment''), the following
additional information must be provided:
(i) The existence of that provision or agreement and identification
of the affected interchange points; and
(ii) A confidential, complete version of the document(s) containing
or addressing that provision or agreement, which may be filed with the
Board under 49 CFR 1104.14(a) and will be kept confidential without need
for the filing of an accompanying motion for a protective order under 49
CFR 1104.14(b).
(2) To obtain information about an interchange commitment for use in
a proceeding before the Board, a shipper or other affected party may be
granted access to the confidential documents filed pursuant to paragraph
(h)(1) of this section by filing, and serving upon the petitioner, a
``Motion for Access to Confidential Documents,'' containing:
(i) An explanation of the party's need for the information; and
(ii) An appropriate draft protective order and confidentiality
undertaking(s) that will ensure that the documents are kept
confidential.
*******************
(iii) Parties must produce the relevant documents within 5 days of
receipt of a Board approved, signed confidentiality agreement.
[61 FR 32355, June 24, 1996, as amended at 73 FR 31035, May 30, 2008]

[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2010]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1180.4]
[Page 275-281]
TITLE 49--TRANSPORTATION
CHAPTER X--SURFACE TRANSPORTATION BOARD, DEPARTMENT OF TRANSPORTATION
PART 1180_RAILROAD ACQUISITION, CONTROL, MERGER, CONSOLIDATION PROJECT,
TRACKAGE RIGHTS, AND LEASE PROCEDURES--Table of Contents
Subpart A_General Acquisition Procedures
Sec. 1180.4

Procedures.

*******************
(g) Notice of exemption.
*******************
(4) Transactions imposing interchange commitments. (i) If a proposed
acquisition or operation of a rail line involves a provision or
agreement that may limit future interchange with a third-party
connecting carrier, whether by outright prohibition, per-car penalty,
adjustment in the purchase price or rental, positive economic
inducement, or other means (``interchange commitment''), the following
additional information must be provided:
(A) The existence of that provision or agreement and identification
of the affected interchange points; and
(B) A confidential, complete version of the document(s) containing
or addressing that provision or agreement, which may be filed with the
Board under 49 CFR 1104.14(a) and will be kept confidential without need
for the filing of an accompanying motion for a protective order under 49
CFR 1104.14(b).
(ii) To obtain information about an interchange commitment for use
in a proceeding before the Board, a shipper or other affected party may
be granted access to the confidential documents filed pursuant to Sec.
1180.4(g)(4)(i) of this section by filing, and serving upon the
petitioner, a ``Motion for Access to Confidential Documents,''
containing:
(A) An explanation of the party's need for the information; and
(B) An appropriate draft protective order and confidentiality
undertaking(s) that will ensure that the documents are kept
confidential.
*******************
(C) Parties must produce the relevant documents within 5 days of
receipt of a Board approved, signed confidentiality agreement.
*******************
[47 FR 9844, Mar. 8, 1982]