cfr_sections
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10 rows where agency = "STB" and part_number = 1313 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 49:49:9.1.1.2.29.0.10.1 | 49 | Transportation | X | D | 1313 | PART 1313—RAILROAD CONTRACTS FOR THE TRANSPORTATION OF AGRICULTURAL PRODUCTS | § 1313.1 Scope; definition of terms. | STB | (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from the Board's contract regulation pursuant to an exemption issued under 49 U.S.C. 10502 or former 49 U.S.C. 10505 (repealed effective January 1, 1996).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. | ||||||
| 49:49:9.1.1.2.29.0.10.10 | 49 | Transportation | X | D | 1313 | PART 1313—RAILROAD CONTRACTS FOR THE TRANSPORTATION OF AGRICULTURAL PRODUCTS | § 1313.10 Procedures for complaints and discovery. | STB | [61 FR 68669, Dec. 30, 1996, as amended at 84 FR 12946, Apr. 3, 2019] | (a) Complaints, discovery petitions, replies, and appeals —(1) Initial filing. Complaints must be filed by the 18th day after the contract summary is filed. Any discovery petition must accompany the complaint. (2) Complaint. A complaint must contain the correct, unabbreviated names and addresses of the complainant(s) and defendant(s). The complainant must set out the statutory provisions under which it has standing to file a complaint, and its reasons for requesting that the Board find the challenged contract unlawful. (3) Discovery petition. A discovery petition must note on the front page “Petition for Discovery of Rail Contract” and note the contract (and any applicable amendment) number. It should provide the following information: (i) Standing—grounds. The ground upon which the petitioner's complaint is based under § 1313.9. (ii) Standing—affected party. Pertinent information regarding the petitioner's actual or potential participation in the relevant market, including: (A) The nature and volume of petitioner's relevant business. (B) The relevant commodities that petitioner ships or receives. (C) Comparisons of the petitioner's commodities, locations of shipping facilities and serving carriers, actual or potential traffic patterns and serving carrier(s), with the traffic patterns and serving carrier(s) identified in the contract summary. State whether petitioner is a consignor or consignee. (D) The petitioner's ability to ship the commodity in question at a time generally simultaneous with the challenged contract. (E) The potential effect of the contract on the petitioner's relevant business. (F) Any additional supporting information, including prior negotiations, if any. (iii) Relevance. The relevance of the information sought to the petitioner's challenge to the contract. (iv) Nexus. Where the complaint challenges a carrier's ability to perform its common carrier obligation, the nexus between the information sought and the common carrier obligation of the contracting carrier(s). … | |||||
| 49:49:9.1.1.2.29.0.10.2 | 49 | Transportation | X | D | 1313 | PART 1313—RAILROAD CONTRACTS FOR THE TRANSPORTATION OF AGRICULTURAL PRODUCTS | § 1313.2 Contract summary filing requirement. | STB | (a) Rail carriers subject to the jurisdiction of the Surface Transportation Board under 49 U.S.C. 10501 must promptly file with the Board a summary of each contract entered into for the transportation of agricultural products. (b) Contract summaries not in compliance with this part may be rejected by the Board. If a contract summary is rejected, it will be considered as not filed, and the carrier must promptly file a corrected contract summary to replace the rejected summary. | ||||||
| 49:49:9.1.1.2.29.0.10.3 | 49 | Transportation | X | D | 1313 | PART 1313—RAILROAD CONTRACTS FOR THE TRANSPORTATION OF AGRICULTURAL PRODUCTS | § 1313.3 Board review; contract disapproval. | STB | (a) Board review. (1) No later than 30 days after a contract summary is filed, the Board may, on complaint, begin a proceeding to review such contract on the grounds described in § 1313.9. (2) If the Board begins a proceeding, it shall determine, within 30 days after the proceeding is commenced, whether the contract is in violation of 49 U.S.C. 10709. (b) Contract disapproval. If the Board finds that the contract is in violation of 49 U.S.C. 10709, it will: (1) Disapprove the contract; or (2) Where the Board finds unreasonable discrimination, in accordance with 49 U.S.C. 10709(g)(2)(B)(i), order the contracting carrier(s) to provide to the complainant(s) rates and service substantially similar to those contained in the contract at issue, with such differences in terms and conditions as are justified by the evidence. (c) Applicable rates/charges if a contract is disapproved. If the Board disapproves a contract (or contract amendment), the appropriate non-contract rates/charges (or the contract provisions otherwise in effect) will be applicable. | ||||||
| 49:49:9.1.1.2.29.0.10.4 | 49 | Transportation | X | D | 1313 | PART 1313—RAILROAD CONTRACTS FOR THE TRANSPORTATION OF AGRICULTURAL PRODUCTS | § 1313.4 Filing procedures and formats for contract summaries. | STB | [61 FR 68669, Dec. 30, 1996, as amended at 84 FR 12946, Apr. 3, 2019] | (a) Filing of Summaries. (1) Two copies of each contract summary, containing the applicable information specified in §§ 1313.6, 1313.7, or 1313.8, as appropriate, must be filed with the Board as soon as possible, but no longer than 7 days after the date of the contract (or contract amendment). (2) The outside envelope or wrapper containing one or more contract summaries must be prominently marked “Rail Contract Summary” and addressed to: Tariffs Branch, Surface Transportation Board, Washington, DC 20423. (3) A transmittal letter identifying the submitted publication(s), and the name and telephone number of a contact person, must accompany each filing of one or more contract summaries. Each transmittal letter shall clearly indicate in the upper left-hand corner thereof: (i) The assigned alpha code of the filing carrier; (ii) The number of summaries transmitted; (iii) The filing fee enclosed (pursuant to 49 CFR 1002.2(a)); and (iv) The transmittal number if the filer utilizes transmittal numbers. (b) Contract summary title page. The title page of each contract summary must contain only the following information: (1) In the upper right corner, the contract summary number (see paragraph (c) of this section), followed by the amendment number if an amended contract summary. (2) In the center of the page, the filing carrier's name, followed by the words “CONTRACT SUMMARY” or “AMENDED CONTRACT SUMMARY”, as applicable, in large print. (3) Date of contract and its effective date. (4) In the center lower portion, the individual submitting the filing, and the name of the individual(s) for service of complaints (if not the same individual). If not otherwise noted, a complainant may rely on service to the individual submitting the filing. (c) Contract summary numbering system. (1) The contract summary identification number must include the word “STB,” the standard carrier alphabetic code for the filing railroad (limited to four letters), the letter “C,” and a sequential number, with each separated by a hyphen… | |||||
| 49:49:9.1.1.2.29.0.10.5 | 49 | Transportation | X | D | 1313 | PART 1313—RAILROAD CONTRACTS FOR THE TRANSPORTATION OF AGRICULTURAL PRODUCTS | § 1313.5 Contract and contract summary availability. | STB | (a)(1) A contract summary filed under these rules shall be made available for public inspection in the Tariffs Branch of the Surface Transportation Board. (2) A contract summary filed under these rules also shall be made available by the carrier(s) participating in the contract, upon reasonable request. (b) Where not already required by § 1313.10(a)(5) of this part, the contract for which a summary is filed under these rules shall be provided immediately to the Board, upon request, for its use in carrying out its functions under the statute. | ||||||
| 49:49:9.1.1.2.29.0.10.6 | 49 | Transportation | X | D | 1313 | PART 1313—RAILROAD CONTRACTS FOR THE TRANSPORTATION OF AGRICULTURAL PRODUCTS | § 1313.6 Contract summary for agricultural commodities. | STB | (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. (i) 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. (ii) Each port involved. (iii) Each transit point identified in the contract. (iv) 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. (i) The date on which the contract has or will become applicable to the transportation services covered by the contract. (ii) The termination date of the contract, and any terms for automatic extension or renewal of the contract. (iii) Any provisions for optional extension. (6) Rail car data. (i) 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: (A) The number of dedicated cars (or, at the carrie… | ||||||
| 49:49:9.1.1.2.29.0.10.7 | 49 | Transportation | X | D | 1313 | PART 1313—RAILROAD CONTRACTS FOR THE TRANSPORTATION OF AGRICULTURAL PRODUCTS | § 1313.7 Contract summary for grain products—involving a port. | STB | (a) Summary information. The summary of a contract for the transportation of grain products that involves service to or from a port 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 commodities to be transported under the contract. Broad commodity descriptions such as “grain products” are permitted only to the extent that is the commodity description in the contract. (3) Contract duration. (i) The date on which the contract has or will become applicable to the transportation services covered by the contract. (ii) The termination date of the contract, and any terms for automatic extension or renewal of the contract. (4) Rates and charges. (i) The specific base rates and/or charges that would apply without the contract. (ii) The existence (but not the terms or amount) of any escalation provisions. (5) Volumes. The existence (but not the terms or amount) of any provisions regarding movement type (e.g. single-car, multiple-car, unit-train) or minimum volume requirements. (6) Special features. The existence (but not the terms or amount) of special features such as transit time commitments, guaranteed car supply, minimum percentage of traffic requirements, credit terms, discounts, etc. (7) Rail car data. Either the information in paragraph (a)(7)(i) of this section or the certified statement in paragraph (a)(7)(ii) of this section as follows: (i) 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: (A) Available and owned by the carrier(s) listed in paragraph (a)(1) of this section; (B) Available and leased by those carrier(s), with average number of bad-order cars identified; and (C) (Optional) On order (for ownership or lease), along with delivery dates. (ii) A certified state… | ||||||
| 49:49:9.1.1.2.29.0.10.8 | 49 | Transportation | X | D | 1313 | PART 1313—RAILROAD CONTRACTS FOR THE TRANSPORTATION OF AGRICULTURAL PRODUCTS | § 1313.8 Contract summary for grain products—not involving a port. | STB | (a) Summary information. The summary of a contract for the transportation of grain products that does not involve service to or from a port must contain the information specified in § 1313.7, paragraphs (a)(1), (2), (3) and (7). It must also contain the information specified in § 1313.7(a)(6) if the contract contains such terms. (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 specified in § 1313.7(b). | ||||||
| 49:49:9.1.1.2.29.0.10.9 | 49 | Transportation | X | D | 1313 | PART 1313—RAILROAD CONTRACTS FOR THE TRANSPORTATION OF AGRICULTURAL PRODUCTS | § 1313.9 Grounds for complaints and contract review. | STB | (a) A complaint may be filed against a contract covered by this part: (1) By any shipper on the ground that such shipper individually will be harmed because the contract unduly impairs the ability of the contracting rail carrier or carriers to meet their common carrier obligations to the complainant under 49 U.S.C. 11101; (2) By a port on the ground that such port individually will be harmed because the contract will result in unreasonable discrimination against such port; and (3) By a shipper of agricultural commodities on the ground that such shipper individually will be harmed because: (i) The rail carrier has unreasonably discriminated by refusing to enter into a contract with such shipper for rates and services for the transportation of the same type of commodity under similar conditions to the contract at issue, and that such shipper was ready, willing, and able to enter into such a contract at a time essentially contemporaneous with the period during which the contract at issue was offered; or (ii) The contract constitutes a destructive competitive practice. (b) Unreasonable discrimination, for purposes of paragraph (a)(3)(i) of this section, has the same meaning as the term has under 49 U.S.C. 10741. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);