---
kind: "section"
citation: "49 C.F.R. § 1121.3"
title: "49"
number: "1121.3"
heading: "Content."
url: "https://uscodex.org/cfr/49/1121.3"
---

# §1121.3. Content.

- (a) A party filing a petition for exemption shall provide its case-in-chief, along with its supporting evidence, workpapers, and related documents at the time it files its petition.
- (b) A petition must comply with environmental or historic reporting and notice requirements of [49 CFR part 1105](/cfr/49/part1105.md), if applicable.
- (c) A party seeking revocation of an exemption or a notice of exemption shall provide all of its supporting information at the time it files its petition. Information later obtained through discovery can be submitted in a supplemental petition pursuant to [49 CFR 1121.2](/cfr/49/1121.2.md).
- (d) **Interchange Commitments.**
  - (1) The filing party must certify whether or not a proposed acquisition or operation of a rail line 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”). If such a provision exists, the following additional information must be provided (the information in paragraphs [(d)(1)(ii)](#d-1-ii), [(iv)](#d-1-iv), [(vii)](#d-1-vii) of this section may be filed with the Board under [49 CFR 1104.14(a)](/cfr/49/1104.14.md?p=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)](/cfr/49/1104.14.md?p=b)):
    - (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;
    - (iii) A list of shippers that currently use or have used the line in question within the last two years;
    - (iv) The aggregate number of carloads those shippers specified in [paragraph (d)(1)(iii)](#d-1-iii) of this section originated or terminated (confidential);
    - (v) A certification that the filing party has provided notice of the proposed transaction and interchange commitment to the shippers identified in [paragraph (d)(1)(iii)](#d-1-iii) of this section;
    - (vi) A list of third party railroads that could physically interchange with the line sought to be acquired or leased;
    - (vii) An estimate of the difference between the sale or lease price with and without the interchange commitment (confidential);
    - (viii) A change in the case caption so that the existence of an interchange commitment is apparent from the case title.
  - (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 (d)(1)](#d-1) of this section by filing, and serving upon the petitioner, a “Motion for Access to Confidential Documents,” containing:
    - (i) An explanation of the party's need for the information; and
    - (ii) An appropriate draft protective order and confidentiality undertaking(s) that will ensure that the documents are kept confidential.
  - (3) **Deadlines.**
    - (i) **Replies to a Motion for Access are due within 5 days after the motion is filed.**
    - (ii) The Board will rule on a Motion for Access within 30 days after the motion is filed.
    - (iii) Parties must produce the relevant documents within 5 days of receipt of a Board approved, signed confidentiality agreement.

## Notes

### Amendments

[61 FR 52714, Oct. 8, 1996, as amended at 73 FR 31034, May 30, 2008; 78 FR 54590, Sept. 5, 2013]

### Authority

Authority: 49 U.S.C. 10502 and 10704.

### Source

Source: 61 FR 52714, Oct. 8, 1996, unless otherwise noted.

### Amendments

[61 FR 52714, Oct. 8, 1996, as amended at 73 FR 31034, May 30, 2008; 78 FR 54590, Sept. 5, 2013]