1、233 Surface Transportation Board, DOT 1325.3 in possession of confidential informa-tion which may be contained in a com-plaint, petition for discovery, or re-quest for informal disclosure. Any in-formation pertaining to parties to the contract or subject to the contract (in-cluding consignors, consi
2、gnees and car-riers), or pertaining to the terms of the contract, or relating to the peti-tioners/complainants confidential commercial information, must be kept confidential. Neither the information nor the existence of the information shall be disclosed to third parties, ex-cept for: consultants or
3、 agents who agree, in writing, to be bound by this regulation; information which is pub-licly available; information which, after receipt, becomes publicly avail-able through no fault of the party seek-ing to disclose the information after it has become publicly available, or is ac-quired from a thi
4、rd party free of any restriction as to its disclosure. The pe-titioner/complainant or carrier must take all necessary steps to assure that the information will be kept confiden-tial by its employees and agents. No copies of the contract terms or other confidential information are to be re-tained by
5、the parties not originally privy to the data subsequent to the ter-mination of the proceeding. (e) Contract review proceeding. If the Board institutes a proceeding to review the contract, the complainants case- in-chief is due 9 days after the institu-tion of the proceeding, but no later than 39 day
6、s after the filing of the con-tract summary. Replies are due 16 days after the institution of the proceeding, but no later than 46 days after the fil-ing of the contract summary. PART 1319EXEMPTIONS AUTHORITY: 49 U.S.C. 721(a) and 13541. SOURCE: 62 FR 9110, Feb. 28, 1997, unless otherwise noted. 131
7、9.1 Exemption of freight for-warders in the noncontiguous do-mestic trade from tariff filing re-quirements. Freight forwarders subject to the Boards jurisdiction under 49 U.S.C. 13531 are exempted from the tariff fil-ing requirements of 49 U.S.C. 13702. PARTS 13201324 RESERVED PART 1325EXTENSION OF
8、CREDIT TO CANDIDATES FOR FEDERAL OFFICE OR THEIR REPRESENTA-TIVES Sec. 1325.1 Extension of unsecured credit prohib-ited. 1325.2 Credit agreements. 1325.3 Federal office. AUTHORITY: Pub. L. 92225, the Federal Election Campaign Act of 1971, enacted Feb. 7, 1972. SOURCE: 37 FR 10446, May 23, 1972, unle
9、ss otherwise noted. 1325.1 Extension of unsecured credit prohibited. Persons subject to regulation by the Surface Transportation Board shall not knowingly and willfully provide, for candidates for Federal office or their representatives, service or goods re-lated to their campaign without ob-taining
10、 either prepayment or a binding guarantee of payment through a suffi-cient deposit, bond, collateral, or other means of security. The extension of credit to such persons shall not exceed the amount of the security posted. 1325.2 Credit agreements. (a) All agreements to extend credit to candidates fo
11、r Federal office or their representatives by persons subject to regulation by the Surface Transpor-tation Board (1) must be in writing, (2) must contain a detailed description of the deposit, bond, collateral, or other means of security, used to secure pay-ment of the debt, and (3) must be signed by
12、 all parties to the agreement. A copy of each such agreement must be filed with this Boards Bureau of Oper-ations in Washington, DC, within 20 days of the date of its execution. (b) Reserved 1325.3 Federal office. For the purposes of this section, Fed-eral office means the office of President or Vic
13、e President of the United States; or of Senator or Representative in, or Delegate or Resident Board Member to, the Congress of the United States. VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00243 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHS
14、Not for ResaleNo reproduction or networking permitted without license from IHS-,-,-234 49 CFR Ch. X (10110 Edition) Pt. 1331 PART 1331APPLICATIONS UNDER 49 U.S.C. 10706 AND 13703 Sec. 1331.1 Form and content of application. 1331.2 Required exhibits. 1331.3 Procedure. 1331.4 New parties to an agreeme
15、nt. 1331.5 Additional standards for retaining antitrust immunity by passenger bus in-dustry rate bureaus. AUTHORITY: 49 U.S.C. 721, 10706 and 13703. SOURCE: 55 FR 11206, Mar. 27, 1990, unless otherwise noted. 1331.1 Form and content of applica-tion. The application and supporting ex-hibits shall con
16、form to 49 CFR part 1104 and shall show, in the order and with the paragraph designations indi-cated, the following: (a) Full name and business address of the carrier applicant(s); whether each applicant is a corporation, individual, or partnership; if a corporation, the State of incorporation; and
17、if a part-nership, the names of the partners and date of the partnerships formation. (b) Full name and business address of each entity on whose behalf the appli-cation is filed and whether it is a cor-poration, individual, or partnership. (c) Whether applicant and each enti-ty on whose behalf the ap
18、plication is filed is a rail, motor, or water carrier, a household goods freight forwarder, or express, sleeping-car, or pipeline com-pany. (d) If the agreement of which ap-proval is sought pertains to a con-ference, bureau, committee, or other organization, a complete description of such organizati
19、on, including any subunits, and of its or their functions and methods of operation, together with a description of the territorial scope of such operations, and a com-plete description of any working or other arrangement or relationship that such organization has with any other organization. If the
20、agreement is of any other character, a precise state-ment of its nature and scope and the mode of procedure thereunder. (e) The facts and circumstances re-lied upon to establish that the agree-ment will promote the national trans-portation policy at 49 U.S.C. 10101. (f) The name, title, and address
21、of the person to whom correspondence is to be sent. 1331.2 Required exhibits. There shall be filed with and made a part of each original application, and each copy, the following exhibits: (a) As Exhibit 1, a true copy of the agreement. (b) If the agreement pertains to a conference, bureau, committe
22、e, or other organization: (1) As Exhibit 2, a copy of the con-stitution, bylaws, or other documents or writings specifying the organiza-tions powers, duties, and procedures, unless incorporated in the agreement filed as Exhibit 1; (2) As Exhibit 3, an organization chart; and (3) As Exhibit 4, a sche
23、dule of its charges to members or a statement showing how the expenses are divided among the members. (c) As Exhibit 5, opinion of counsel that the application meets the require-ments of 49 U.S.C. 10706, with specific reference to any specially pertinent provisions of articles of incorporation or as
24、sociation. 1331.3 Procedure. (a) Applicant shall serve a copy of the application by first class mail upon the regulatory body having jurisdiction over rates, fares, or charges of each State or territory covered by the agreement, and the original applica-tion filed with the Board shall include a cert
25、ificate naming the bodies upon whom the application has been served. (b) The Board will publish in the FED-ERAL REGISTER a notice that an appli-cation has been filed under these rules and indicating how a hearing on the application may be obtained. (c) A protest to an application should conform to 4
26、9 CFR part 1104. (d) The Boards general rules of prac-tice govern procedural matters not spe-cifically covered by these rules. 1331.4 New parties to an agreement. Where a carrier becomes a party to an agreement which has been approved by the Board, such approval will extend to such carrier upon the filing with the Board by the carrier or its authorized VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00244 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
