49 CFR Part 1033 — Car Service

PART 1033—CAR SERVICE Authority: 49 U.S.C. 1321, 11121, 11122. § 1033.1 Car hire rates. (a) Definitions applicable to this section: (1) Car. (2) Car hire. (3) Fixed rate car. (4) Market rate car. (5) Owner. (6) Prescribed rates. (7) User. (b) Fixed rate cars. (1) Except as provided in paragraph (b)(3) of this section, for a 10-year period beginning January 1, 1993, the prescribed rates shall continue to apply to fixed rate cars without regard to the aging of such cars subsequent to December 31, 1990. Prescribed car hire rates shall not be increased for any additions and betterments performed on such cars after December 31, 1990. Any OT-37 surcharge to prescribed rates for work performed prior to January 1, 1993 shall expire upon the earlier of: (i) The car becoming a market rate car; or (ii) The expiration date provided in Association of American Railroads Circular No. OT-37. (2) Upon termination of the 10-year period specified in paragraph (b)(1) of this section, all fixed rate cars shall be deemed to be market rate cars and shall be governed by paragraph (c) of this section. (3) (i) During each calendar year beginning January 1, 1994, a rail carrier may voluntarily elect to designate up to 10% of the cars in its fleet as of January 1, 1993 to be treated as market rate cars for the purposes of this section. The 10% limitation shall apply each calendar year and shall be noncumulative. Cars designated to be treated as market rate cars shall be governed by paragraph (c) of this section. Such election shall be effective only in accordance with the following provisions: (A) An election shall be irrevocable and binding as to the rail carrier making the election and all users and subsequent owners if: ( 1 ( 2 ( 3 (B) An election shall be irrevocable and binding only for the term of the transaction pursuant to which the car was furnished to the rail carrier making the election as to that rail carrier and all users and subsequent owners if: ( 1 ( 2 ( 3 (C) The party holding legal title to the car may revoke an election subject to the provisions of paragraph (b)(3)(i)(B) of this section only: ( 1 ( 2 If such election is so revoked, a rail carrier may make a new election only with the written consent of the party holding legal title to the car, and such election shall be irrevocable and binding as to the rail carrier making the election and all users and subsequent owners. (ii) Nothing in paragraph (b)(3)(i) of this section shall be construed to limit the rights of parties to any transaction to provide for the consent of any party to an election made pursuant to paragraph (b)(3)(i) of this section. (c) Market rate cars. (2) (i) The Board shall not prescribe car hire for market rate cars. (ii) The Code of Car Hire Rules referenced in the Association of American Railroads Car Service and Car Hire Agreement provides that owners and users party to that agreement shall resolve car hire disputes thereunder. The Board may review allegations of abuse of the car hire dispute resolution process established under those rules. (iii) Car hire disputes involving an owner or user not a party to that agreement may be resolved by the Board. (d) Car hire agreements. (e) Effective date. [58 FR 60144, Nov. 15, 1993] § 1033.2 Car service orders. Emergency and temporary service orders are issued under this part but are not carried in the Code of Federal Regulations. [58 FR 60145, Nov. 15, 1993]

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