Current through March 20, 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.
(b) Contract summaries for other commodities
or services not involving a port shall contain the information required in
(a)(1), (2), (4), and (5) [subsection (a)(1) through (a)(2) and (a)(4)
through (a)(5)]. Subdivision (a)(7) [subsection
(a)(7)], "special features", shall be applicable to the extent that
service requirements are placed in the contract.
(c) Contract summaries for other commodities
or services involving a port shall contain the information required in (a)(2),
(4), (5), (6), and (7) [subsection (a)(2) and (a)(4) through
(a)(7)]. In addition, the port shall be named and the tariff mileage
(rounded to the nearest 50 miles) shall be disclosed (or at the contracting
parties' option, the origin and destination shall be specified). The required
information shall be disclosed for each movement involving multiple
origins/destinations.
(d) Format.
The contract summary and supplements shall enumerate and have each item
completed. Where the item does not pertain to the contract or amendment, the
term "Not Applicable" ("NA") shall be used.
Transferred from Department of Transportation ( 100 IAC
6-1-48 ) to Indiana Department of Transportation ( 105 IAC 5-1-48 ) by P.L.
112-1989, SECTION 5, effective July 1, 1989.