PUBLIC LAW 104-88 —DEC. 29, 1995
109 STAT. 817
index that does not take into account changes in railroad
productivity.
Ǥ 10709. Contracts
"(a) One or more rail carriers providing transportation subject
to the jurisdiction of the Board under this part may enter into
a contract with one or more purchasers of rail services to provide
specified services under specified rates and conditions.
"(b) A party to a contract entered into under this section shall
have no duty in connection with services provided under such
contract other than those duties specified by the terms of the
contract.
"(c)(1) A contract that is authorized by this section, and
transportation under such contract, shall not be subject to this
part, and may not be subsequently challenged before the Board
or in any court on the grounds that such contract violates a provision of this part.
"(2) The exclusive remedy for any alleged breach of a contract
entered into under this section shall be an action in an appropriate
State court or United States district court, unless the parties otherwise agree. This section does not confer original jurisdiction on
the district courts of the United States based on section 1331
or 1337 of title 28, United States Code.
"(d)(1) A summary of each contract for the transportation of
agricultural products (including grain, as defined in section 3 of
the United States Grain Standards Act (7 U.S.C. 75) and products
thereof) entered into under this section shall be filed with the
Board, containing such nonconfidential information as the Board
prescribes. The Board shall publish special rules for such contracts
in order to ensure that the essential terms of the contract are
available to the general public.
"(2) Documents, papers, and records (and any copies thereof)
relating to a contract described in subsection (a) shall not be subject
to the mandatory disclosure requirements of section 552 of title
5.
"(e) Any lawful contract between a rail carrier and one or
more purchasers of rail service that was in effect on the effective
date of the Staggers Rail Act of 1980 shall be considered a contract
authorized by this section,
"(f) A rail carrier that enters into a contract as authorized
by this section remains subject to the common carrier obligation
set forth in section 11101, with respect to rail transportation not
provided under such a contract.
"(g)(1) No later than 30 days after the date of filing of a
summary of a contract under this section, the Board may, on
complaint, begin a proceeding to review such contract on the
grounds described in this subsection.
"(2)(A) A complaint may be filed under this subsection—
"(i) by a shipper on the grounds that such shipper individually will be harmed because the proposed contract unduly
impairs the ability of the contracting rail carrier or carriers
to meet their common carrier obligations to the complainant
under section 11101 of this title; or
"(ii) by a port only on the grounds that such port individually will be harmed because the proposed contract will result
in unreasonable discrimination against such port.
Publication.
Public
information.
Rules.
99-194O-95 -27:QL3Part1
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