As part of the ICC Termination Act of 1995 (ICCTA), Congress imposed a requirement on rail carriers to file a “summary of each contract for the transportation of agricultural products (including grain . . . and products thereof)” with the Board. Shippers of agricultural commodities can review these summaries and file a complaint with the Board if they believe that the contract is either discriminatory or would impair the carrier’s ability to meet its common carrier obligation. If the Board finds merit to the shipper’s complaint, it can order the rail carrier to provide rates and services to that shipper substantially similar to those in the contract. See 49 U.S.C. § 10709(d)-(g).
The Board has enacted regulations implementing these requirements at 49 C.F.R. Part 1313. Responsibility for receiving the filings of the agricultural contract summaries has been given to the Office of Public Assistance, Governmental Affairs and Compliance (OPAGAC). Copies of the agricultural contract summaries can be found below.
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