---
kind: "section"
citation: "49 C.F.R. § 1150.43"
title: "49"
number: "1150.43"
heading: "Information to be contained in notice for small line acquisitions."
url: "https://uscodex.org/cfr/49/1150.43"
---

# §1150.43. Information to be contained in notice for small line acquisitions.

- (a) The full name and address of the Class III rail carrier applicant;
- (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;
- (d) The operator of the property;
- (e) **A brief summary of the proposed transaction, including—**
  - (1) The name and address of the railroad transferring the subject property to the Class III rail carrier applicant;
  - (2) The proposed time schedule for consummation of the transaction;
  - (3) The mileposts of the subject property, including any branch lines; and
  - (4) The total route miles being acquired;
- (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](/cfr/49/1150.45.md).
- (h) **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 [(h)(1)(ii)](#h-1-ii), [(iv)](#h-1-iv), [(vii)](#h-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 (h)(1)(iii)](#h-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 (h)(1)(iii)](#h-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 (h)(1)](#h-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 32355, June 24, 1996, as amended at 73 FR 31035, May 30, 2008; 78 FR 54591, Sept. 5, 2013]

### Source

Source: 61 FR 32355, June 24, 1996, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 1321(a), 10502, 10901, and 10902.

### Source

Source: 47 FR 8199, Feb. 25, 1982, unless otherwise noted. Redesignated at 47 FR 49581, Nov. 1, 1982.

### Amendments

[61 FR 32355, June 24, 1996, as amended at 73 FR 31035, May 30, 2008; 78 FR 54591, Sept. 5, 2013]