[Federal Register Volume 61, Number 251 (Monday, December 30, 1996)]
[Rules and Regulations]
[Pages 68668-68672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33152]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1313

[STB Ex Parte No. 541]


Railroad Contracts

AGENCY: Surface Transportation Board, DOT.

ACTION: Final rule.

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SUMMARY: The Surface Transportation Board (Board) adopts revised 
regulations governing contracts under 49 U.S.C. 10709 that are entered 
into between one or more rail carriers and one or more purchasers of 
rail services for the transportation of agricultural products. The 
revised regulations reflect the reduced regulatory oversight of rail 
transportation contracts introduced by the ICC Termination Act of 1995, 
Public Law 104-88, 109 Stat. 803 (1995) (ICCTA).

EFFECTIVE DATE: These rules are effective on January 29, 1997.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5660. (TDD for 
the hearing impaired: (202) 927-5721.)

SUPPLEMENTARY INFORMATION: In a notice of proposed rulemaking (NPR) 
served October 17, 1996 (61 FR 54144), the Board proposed revised 
regulations to reflect the reduced regulatory oversight of rail 
transportation contracts introduced by the ICCTA. The revised 
regulations were proposed by the Board after consideration of comments 
received from major shipper and carrier interests in response to an 
advance notice of proposed rulemaking served March 26, 1996 (61 FR 
13147).
    Comments in response to the NPR were received from the Association 
of American Railroads, the Kansas Grain and Feed Association, the 
Montana Wheat and Barley Committee (MWBC), and the National Grain and 
Feed Association. None of the commenters objects to the proposed 
regulations, and we will adopt them without substantive change.
    While not objecting to the proposed regulations, per se, MWBC 
states that it is difficult and expensive for many small grain shippers 
to obtain timely information regarding contract summary filings, and 
that, in the past, many grain shippers have been unaware of contracts 
that might affect them until after the complaint period has passed. 
MWBC suggests that the Board institute a procedure to post the contract 
summaries filed each day on a ``world wide web internet page readily 
accessible to the grain shippers.''
    The Board does not currently have the capability to disseminate 
information, either its own decisions or materials filed with it, over 
the Internet. We do, however, support improvements in the dissemination 
of information, and are in the process of developing capability to 
disseminate information electronically in the future. Nevertheless, we 
cannot at this time determine the feasibility of disseminating 
electronically materials filed with us, such as railroad contract 
summaries, and thus cannot grant MWBC's request at this time. However, 
we are certainly prepared to consider alternative requirements as they 
become feasible.
    In the meantime, it is important to note that the filing 
requirements contained in the proposed regulations have been in effect 
for many years, and other shippers and shipper groups have apparently 
been able to meet their information needs under the existing filing 
requirements, as no commenter other than MWBC has raised the issue. We 
are aware of the existence of independent service providers (generally 
referred to as watching services) that monitor contract summary filings 
for their clients and advise them when filings of interest are made. 
MWBC might wish to investigate the feasibility of using such a service. 
1 Additionally, MWBC can investigate the feasibility of obtaining 
the needed information directly from the rail carriers pursuant to the 
information availability requirements of Sec. 1313.5(a)(2) of the 
proposed regulations.
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    \1\ MWBC states that mail delivery from Washington takes as long 
as 5 to 6 days, but the watching services advise us that they can 
and do send contract summaries to their clients by facsimile 
transmission.
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Small Entities

    The Board certifies that these rules will not have a significant 
economic effect on a substantial number of small entities. They merely 
eliminate obsolete

[[Page 68669]]

provisions where regulatory oversight was eliminated, reflect certain 
other modest changes effected by the ICCTA, and largely continue 
existing contract disclosure requirements for agricultural products.

Environment

    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

List of Subjects in 49 CFR Part 1313

    Agricultural products, Contract summaries, Rail carriers, 
Transportation contracts.

    Decided: December 17, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons and 
Commissioner Owen.
Vernon A. Williams,
Secretary.

    For the reasons set forth in the preamble, the Board revises part 
1313 of title 49, chapter X, of the Code of Federal Regulations to read 
as follows:

PART 1313--RAILROAD CONTRACTS FOR THE TRANSPORTATION OF 
AGRICULTURAL PRODUCTS

Sec.
1313.1  Scope; definition of terms.
1313.2  Contract summary filing requirement.
1313.3  Board review; contract disapproval.
1313.4  Filing procedures and formats for contract summaries.
1313.5  Contract and contract summary availability.
1313.6  Contract summary for agricultural commodities.
1313.7 Contract summary for grain products--involving a port.
1313.8 Contract summary for grain products--not involving a port.
1313.9 Grounds for complaints and contract review.
1313.10 Procedures for complaints and discovery.
    Authority: 49 U.S.C. 721(a) and 10709.


Sec. 1313.1  Scope; definition of terms.

    (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.


Sec. 1313.2  Contract summary filing requirement.

    (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.


Sec. 1313.3  Board review; contract disapproval.

    (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 Sec. 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.


Sec. 1313.4  Filing procedures and formats for contract summaries.

    (a) Filing of Summaries. (1) Two copies of each contract summary, 
containing the applicable information specified in Secs. 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, the account number to be billed, or 
the credit card to be charged;
    (iv) The transmittal number if the filer utilizes transmittal 
numbers; and
    (v) If the filing fee is charged to a credit card, the information 
must include the credit card number and expiration date, and an 
authorized signature.
    (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. The following is

[[Page 68670]]

an example: the 357th contract summary filed by the Conrail would have 
the following identification number: ``STB-CR-C-357.''
    (2) At its option, the carrier may issue contract summaries with 
nonconsecutive numbers if it assigns blocks of numbers for specific 
uses. An index to the blocks of reserved numbers shall be filed with 
the Board.
    (d) Format requirements for contract summary information. (1) The 
contract summary must enumerate and have each item required in 
Secs. 1313.6, 1313.7 or 1313.8 of this part, as applicable, completed. 
When the item does not pertain to the contract, the term ``Not 
Applicable'' (``NA'') shall be used.
    (2) Changes in prior contract summaries must be underscored and 
must be followed by the words ``addition,'' ``deletion,'' 
``extension,'' ``cancellation,'' or other appropriate descriptive 
phrase in parentheses. If the change to the contract is only in 
confidential matter, a statement to that effect must be made in the 
amended contract summary and must indicate the particular feature to 
which the change applies (i.e., rate, special feature, etc.). If ``not 
applicable'' is permitted in the original summary under Secs. 1313.6 
through 1313.8 of this part, the amended summary may use ``not 
applicable'' with a notation that a change pertained only to 
confidential data.
    (3) Amended contract summaries may not substitute phrases such as 
``not applicable'' or ``no change'' where disclosure was required in 
the original contact summary (such as in the commodity description); 
amended contract summaries must set forth all required non-confidential 
terms in the contract, whether amended or not.


Sec. 1313.5  Contract and contract summary availability.

    (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 Sec. 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.


Sec. 1313.6  Contract summary for agricultural commodities.

    (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 carrier's option, car 
days), by major car type, to be used to fulfill the contract or 
contract options, including those that are:
    (1) Available and owned by the carrier(s) listed in paragraph 
(a)(1) of this section;
    (2) Available and leased by those carrier(s), with average number 
of bad-order cars identified; and
    (3) (Optional) On order (for ownership or lease), along with 
delivery dates.
    (B) A certified statement that:
    (1) The shipper will furnish the rail cars used for the 
transportation provided under the contract, and that those rail cars 
will not be leased from the carrier; or
    (2) The contract is restricted to services which do not entail car 
supply.
    (ii) For contract summaries filed on or before September 30, 1998, 
a certified statement that the cumulative equipment total for all 
contracts for the transportation of agricultural commodities (including 
forest products, but not including wood pulp, wood chips, pulpwood or 
paper) does not exceed 40 percent of the capacity of carrier-owned and 
-leased cars by applicable car type.
    (7) Rates and charges. (i) The specific base rates and/or charges 
that would apply without the contract.
    (ii) A summary of any escalation provisions in the contract.
    (8) Volume. All volume, car and/or train size requirements, as set 
forth in the contract, including:
    (i) Movement type (single-car, multiple-car, unit-train).
    (ii) Minimum and actual volume requirements under the contract, by 
applicable period(s) (annual, quarterly, etc.).
    (iii) Volume breakpoints affecting the contract.
    (9) Special features. The existence (but not the terms or amount) 
of any special features, such as transit-time commitments, credit 
terms, discounts, switching, special demurrage, guaranteed or minimum 
percentages, etc.
    (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 on the cars used to fulfill the challenged contract. 
This additional data shall include (by major car type used to fulfill 
the contract):
    (1) Total bad-car orders;
    (2) Assigned car obligations; and
    (3) Free-running cars.


Sec. 1313.7  Contract summary for grain products--involving a port.

    (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

[[Page 68671]]

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 statement that:
    (A) The shipper will furnish the rail cars used for the 
transportation provided under the contract, and that those rail cars 
will not be leased from the carrier; or
    (B) The contract is restricted to services which do not entail car 
supply.
    (8) Ports. (i) The port(s) involved.
    (ii) Either the mileages (rounded to the nearest 50 miles) between 
the port and each inland origin or destination, or the specific inland 
origin and destination points.
    (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 on the cars used to fulfill the challenged contract. 
This additional data shall include (by major car type used to fulfill 
the contract):
    (1) Total bad-car orders;
    (2) Assigned car obligations; and
    (3) Free-running cars.


Sec. 1313.8  Contract summary for grain products--not involving a port.

    (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 Sec. 1313.7, 
paragraphs (a)(1), (2), (3) and (7). It must also contain the 
information specified in Sec. 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 Sec. 1313.7(b).


Sec. 1313.9  Grounds for complaints and contract review.

    (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.


Sec. 1313.10  Procedures for complaints and discovery.

    (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 Sec. 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).
    (4) Service of pleadings. The complainant must certify that 2 
copies of the complaint, and discovery petition if filed, have been 
sent to the

[[Page 68672]]

contracting carrier(s) either by hand, express mail, or other overnight 
delivery service the same day as filed at the Board. The contracting 
carrier shall in turn serve the contracting shipper with a copy of the 
complaint and petition. Replies shall be served in the same manner on 
complainant/petitioner.
    (5) Submission of contract. Immediately upon the filing of a 
complaint, the rail carrier filing the contract summary shall forward 
to the Board, by hand, express mail, or other overnight delivery 
service, the subject contract or amended contract.
    (6) Replies. Replies to the complaint/petition are due within 5 
days from the date of filing of the complaint/petition, and in no event 
later than noon on the 23rd day following filing of the contract 
summary.
    (7) Copies. An original and 10 copies of complaints, petitions and 
replies must be filed with the Board in a package marked ``Confidential 
Rail Contract Material''.
    (8) Discovery appeals. If action on a petition for discovery is 
taken under delegated authority, that action may be appealed to the 
Board, subject to the following:
    (i) An appeal must be received within 2 days of the initial 
decision, but in no event later than the 28th day after the contract 
summary is filed.
    (ii) The appeal must be marked ``Appeal of Delegated Authority 
Action Regarding Rail Contract Discovery''.
    (iii) Telegraphic notice or its equivalent must be given to the 
opposing parties.
    (iv) Replies to the appeal must be filed within one day after the 
appeal is filed.
    (v) An original and 10 copies of appeals and replies must be filed 
with the Board.
    (9) Furnishing of information. If discovery is granted, the carrier 
must furnish the required information to the petitioner by the 1st 
working day after the Board issues its decision.
    (b) Informal discovery. (1) Prior to filing a petition for formal 
discovery under paragraph (a) of this section, a petitioner may request 
discovery from the carrier.
    (2) The carrier must promptly grant or deny the request.
    (3) Agreements between carriers and shippers for informal discovery 
are permitted under these rules.
    (c) Confidentiality. If confidential contract data are filed with 
the Board in a pleading, the party filing these data should submit them 
as a separate package, clearly marked on the outside ``Confidential 
Material Subject to Protective Order.'' The order in paragraph (d) of 
this section applies to the parties specified in the order who receive 
confidential information through proceedings before the Board or 
through informal discovery.
    (d) Protective order. Petitioner and carriers, and their duly 
authorized agents, shall limit to the contract complaint proceeding the 
use of contract information or other confidential commercial 
information which may be revealed in the contract, the complaint, 
reply, or in any other pleading relating to the contract. This 
restriction shall be a condition to release of any contract term to a 
petitioner/complainant and shall operate similarly on a carrier in 
possession of confidential information which may be contained in a 
complaint, petition for discovery, or request for informal disclosure. 
Any information pertaining to parties to the contract or subject to the 
contract (including consignors, consignees and carriers), or pertaining 
to the terms of the contract, or relating to the petitioner's/
complainant's confidential commercial information, must be kept 
confidential. Neither the information nor the existence of the 
information shall be disclosed to third parties, except for: 
consultants or agents who agree, in writing, to be bound by this 
regulation; information which is publicly available; information which, 
after receipt, becomes publicly available through no fault of the party 
seeking to disclose the information after it has become publicly 
available, or is acquired from a third party free of any restriction as 
to its disclosure. The petitioner/complainant or carrier must take all 
necessary steps to assure that the information will be kept 
confidential by its employees and agents. No copies of the contract 
terms or other confidential information are to be retained by the 
parties not originally privy to the data subsequent to the termination 
of the proceeding.
    (e) Contract review proceeding. If the Board institutes a 
proceeding to review the contract, the complainant's case-in-chief is 
due 9 days after the institution of the proceeding, but no later than 
39 days after the filing of the contract summary. Replies are due 16 
days after the institution of the proceeding, but no later than 46 days 
after the filing of the contract summary.
[FR Doc. 96-33152 Filed 12-27-96; 8:45 am]
BILLING CODE 4915-00-P