49 C.F.R. § 1313.1

Scope; definition of terms

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(a) This part addresses the provisions of 49 U.S.C. 10709 that require rail carriers to file with the Board a summary of each contract for the transportation of agricultural products (including grain, as defined in 7 U.S.C. 75 and products thereof) and that allow complaints to be filed with the Board regarding such contracts.

(b) The provisions of this part do not apply to any transportation that is exempted from the Board's contract regulation pursuant to an exemption issued under 49 U.S.C. 10502 or former 49 U.S.C. 10505 (repealed effective January 1, 1996).

(c) For purposes of this part, the term contract means an agreement, including any amendment thereto, entered into by one or more rail carriers and one or more purchasers of rail services to provide specified transportation of agricultural products (including grain, as defined in 7 U.S.C. 75 and products thereof) under specified rates and conditions. The term amendment includes contract modifications agreed to by the parties.

(d) An amended contract is treated as a new contract under this part. Remedies are revived and review is again available, upon complaint.

Notes of Decisions

Cited in 3 cases, 2008–2009 · leading case: Babcock & Wilcox Co. v. Kansas City Southern Railway Co.

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Babcock & Wilcox Co. v. Kansas City Southern Railway Co. (2009) ca3 · cites it 6× “1 (current version at 49 C.F.R. § 1313.1 (c)). The ICC adopted the subsection (b)(1) self-description requirement in response to suggestions by its Office of Special Counsel (“OSC”) “to specify which contracts [would] be subject to [ 49 C.”

Sompo Japan Insurance Co. of America v. Norfolk Southern Railway Co. (2008) nysd · cites it 3× “That regulation, 49 C.F.R. § 1313.1 , provided that contracts “entered into by one or more rail carriers and one or more purchasers of rail service, to provide specified services under specified rates, charges and conditions” under that section were required to “specify that the…”

Babcock & Wilcox Co v. Kansas City S (2009) ca3 · cites it 6× “1 (current version at 49 C.F.R. § 1313.1 (c)). The ICC adopted the subsection (b)(1) self- description requirement in response to suggestions by its Office of Special Counsel (“OSC”) “to specify which contracts [would] be subject to [ 49 C.”

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