Section 105IAC5-1-48. Contract summary contents

   (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. (Indiana Department of Transportation; 105 IAC 5-1-48; filed Feb 27, 1985, 9:24 a.m.: 8 IR 781; 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 6-1-48) to Indiana Department of Transportation (105 IAC 5-1-48) by P.L.112-1989, SECTION 5, effective July 1, 1989.