Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-48 - Contract summary contents

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 48.
(a) Contract
				summaries for agricultural commodities, forest products or paper shall contain
				the following terms in the order named:
(1)
				Name(s) of the participating carrier(s). A list, alphabetically arranged, of
				the corporate names of all carriers that are parties to the contract plus their
				addresses for service of complaints.
(2) The commodity or commodities to be
				transported under the contract.
(3)
				The origin station(s) and destination station(s), including the specific
				port(s) (if applicable).
(4) The
				duration of the contract.
(5) Rail
				car data by number of dedicated cars, or, at the carrier's option, car days:
(A) By major type used to fulfill the
				contract or contract options:
(i) available
				and owned by the carriers listed in (a)(1)
[subdivision (1)]
,
				with average number of bad-order cars identified;
(ii) available and leased by the carriers
				listed in (a)(1) above
[subdivision (1)]
, and average number
				of bad-order cars identified;
(iii)
				(optional) on order (for ownership or lease) along with delivery dates;
				and
(iv) in the event a complaint
				is filed involving common carrier obligation and carrier furnished cars, the
				carrier(s) shall immediately submit to the commission and the complainant
				additional data on cars used to fulfill the challenged contract. Data shall
				include (by major car type used to fulfill the contract):
(AA) total bad car orders;
(BB) assigned car obligations; and
(CC) free running cars.
(B) In addition to (5)(A)(i)
[clause (A)(i)]
if agricultural commodities (including forest
				products and paper, but not including woodpulp, wood chips, pulpwood or paper),
				a certified statement by the participating rail carrier/carriers:
(i) that the cumulative equipment total of
				all contracts does not exceed 40 percent of the capacity of the rail carrier's
				owned and leased cars by applicable major car type; and
(ii) in the cases of an agricultural shipper
				which originated an average 1,000 cars or more per year during the prior three
				year period by major car type, that the equipment used does not exceed 40
				percent of the rail carrier's owned or leased cars used on the average by that
				shipper during the previous three years.
(C) Rail car data need not be submitted if:
(i) the shipper furnishes the rail cars,
				unless the cars are leased from the carrier; or
(ii) the contract is restricted to certain
				services which do not entail car supply.
(6) Rates and charges. Identification of base
				rates or charges and movement type (e.g., single car, multiple car, unit
				train), the minimum annual volume, and a summary of escalation
				provisions.
(7) Special features.
				Identification of existence (but not the terms of amount) of special features
				such transit time commitments, guaranteed car supply, minimum percentage of
				traffic requirments, credit terms, discount, etc.