§ 1313.17 - Grounds for contract review and complaints.

(a) Within 30 days of the contract filing date, the Commission may, on its own motion or on complaint, begin a proceeding to review the contract. Review can be based only on allegation of violations as described in paragraph (b) of this section.

(b) A contract may be reviewed only on the following grounds:

(1) In the case of a contract, other than a contract for the transportation of agricultural commodities (including forest products and paper), a complaint may be filed:

(i) By a shipper only on the grounds that the shipper individually will be harmed because the proposed contract unduly impairs the ability of the contracting carrier to meet common carrier obligations under 49 U.S.C. 11101; or

(ii) By a port on the grounds that the port individually will be harmed because the proposed contract will result in unreasonable discrimination against the port.

(2) In the case of a contract for the transportation of agricultural commodities (including forest products and paper), in addition to the grounds for a complaint described in paragraph (b)(1)(i) of this section, a complaint may be filed on the grounds that the shipper individually will be harmed because:

(i) The rail carrier(s) unreasonably discriminated by refusing to enter into a similar contract with the shipper for rates and services for the transportation of the same type of commodity under similar conditions to the contract at issue and that the shipper was ready, willing, and able to enter into such a contract at a time essentially contemporaneous with the period during which the contract was offered; or

(ii) The proposed contract constitutes a destructive competitive practice.

(3) Unreasonable discrimination as used in these rules means, when applied to shippers of agricultural commodities (including forest products and paper), that the railroad has refused to enter into a contract with the shipper for rates and services for the transportation of the same type of commodity under similar conditions to the contract at issue, and that the 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; and, when applied to a port, has the same meaning as the term has under 49 U.S.C. 10741.

(4) The definitions for agricultural commodities, forest products, and paper will be decided on a case-by-case basis.