1150.43—Information to be contained in notice for small line acquisitions.
(b)
The name, address, and telephone number of the representative of the applicant who should receive correspondence;
(c)
A statement that an agreement has been reached or details about when an agreement will be reached;
(1)
The name and address of the railroad transferring the subject property to the Class III rail carrier applicant;
(f)
A map that clearly indicates the area to be served, including origins, termini, stations, cities, counties, and states; and
(g)
A certificate that applicant's projected revenues as a result of the transaction will not result in the creation of a Class II or Class I rail carrier so as to require processing under § 1150.45.
(h) Transactions imposing interchange commitments.
(1)
If a proposed acquisition or operation of a rail line or change of operators involves a provision or agreement that may limit future interchange with a third-party connecting carrier, whether by outright prohibition, per-car penalty, adjustment in the purchase price or rental, positive economic inducement, or other means (“interchange commitment”), the following additional information must be provided:
(i)
The existence of that provision or agreement and identification of the affected interchange points; and
(ii)
A confidential, complete version of the document(s) containing or addressing that provision or agreement, which may be filed with the Board under 49 CFR 1104.14(a) and will be kept confidential without need for the filing of an accompanying motion for a protective order under 49 CFR 1104.14(b).
(2)
To obtain information about an interchange commitment for use in a proceeding before the Board, a shipper or other affected party may be granted access to the confidential documents filed pursuant to paragraph (h)(1) of this section by filing, and serving upon the petitioner, a “Motion for Access to Confidential Documents,” containing:
(ii)
An appropriate draft protective order and confidentiality undertaking(s) that will ensure that the documents are kept confidential.
(iii)
Parties must produce the relevant documents within 5 days of receipt of a Board approved, signed confidentiality agreement.
[61 FR 32355, June 24, 1996, as amended at 73 FR 31035, May 30, 2008]