§10709 Contracts

Summary

Rail carriers may make written deals with one or more buyers to provide specific rail service at agreed rates and terms. Each party only has to do what the deal says. These kinds of contracts are not governed by the rest of this part and cannot be later attacked before the Board or in court for breaking this part. If someone says the contract was broken, their only normal option is to sue in a State court or a U.S. district court unless the parties agree to something else. This rule does not create original federal jurisdiction under 28 U.S.C. 1331 or 1337. Any contract that existed on October 1, 1980 is treated as allowed. A carrier with such a contract still must meet its common carrier duties under section 11101 for service not covered by the contract. Contracts that move agricultural products, including grain (see 7 U.S.C. 75), must have a short, nonconfidential summary filed with the Board, and the Board will make rules so key contract terms are public. Papers about those contracts are not subject to the mandatory public-record disclosure in 5 U.S.C. 552. Within 30 days after a summary is filed, the Board may start a review if a shipper or a port files a complaint saying the contract will harm them—such as making it harder for the carrier to meet common carrier duties, unfairly discriminating against a port, or (for agricultural shippers) refusing to offer a similar contract or using a destructive competitive practice. “Unreasonable discrimination” has the meaning given in section 10741. The Board must decide the review within 30 days (or a shorter time it sets). If the Board finds a carrier wrongly refused a similar deal, it can order the carrier to offer comparable rates and services with justified differences.