Section 105IAC5-1-43. Agricultural commodities contracts

   (a) A rail carrier may enter into contracts for the transportation of agricultural commodities (including forest products but not including woodpulp, woodchips, pulpwood or paper) that involve the use of carrier owned or leased equipment not in excess of 40 percent of the total number of the carrier's owned or leased equipment, by major car type, except as provided in (b) [subsection (b)].

  (b) In the case of a proposed contract between a Class I carrier and a shipper originating an average of 1,000 cars or more per year during the prior three year period by major car type on a particular carrier, not more than 40 percent of carrier owned or leased equipment used on the average during the prior three year period may be used for the contract without prior authorization by the commission.

  (c) The commission may grant relief from the limitations of (a) and (b) [subsections (a) through (b)] if:

(1) a rail carrier or other party requests such relief; or the commission on its own initiative considers granting such relief; and

(2) the commission determines that making additional equipment available does not impair the rail carrier's ability to meet its common carrier obligations under 49 U.S.C. Sec. 11101.

(Indiana Department of Transportation; 105 IAC 5-1-43; filed Feb 27, 1985, 9:24 a.m.: 8 IR 779; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA) NOTE: Transferred from Department of Transportation (100 IAC 6-1-43) to Indiana Department of Transportation (105 IAC 5-1-43) by P.L.112-1989, SECTION 5, effective July 1, 1989.