March 30, 1998 - original
July 3, 2006 - revised phone numbers only

BNSF POLICY AND PROCEDURES FOR THE REGISTRATION AND LOADING OF PRIVATE COVERED HOPPER CARS
(BNSF APPLICATION OF AAR CIRCULAR OT-5)

In accordance with the ICC's decision in SHIPPER COMMITTEE, OT-5 v. THE ANN ARBOR RAILROAD COMPANY, ET AL. (SCOT-5) decided September 12, 1989, effective October 15, 1989, BURLINGTON NORTHERN SANTA FE RAILROAD recognizes the right of all shippers to register their cars via the OT-5 process. BNSF will not deny OT-5 approval for private covered hopper cars except for safety or mechanical reasons or for lack of adequate track storage space. This statement of policy and procedures does not supplant or supersede the provisions of existing BNSF tariffs on file as of the date of the issuance of this statement.

REGISTRATION
All private covered hoppers intended for loading at BNSF served facilities on or after October 15, 1989 must be registered in accordance with the provisions of OT-5 as defined in the ICC's SCOT-5 decision of September 12, 1989.

As a condition to registration, private car owners and lessees are required to have or make arrangements with BNSF for adequate track storage space for all private cars to be located on BNSF at any one time. The filing of an application for OT-5 authority with BNSF constitutes acknowledgment of, and intention to comply with, this requirement. The storage or loading of private cars on BNSF shall not include, and the use thereof shall not interfere with, trackage / facilities that would be used in normal operations of BNSF when servicing the facility with carrier supplied equipment (spotting and pulling cars). Inquires about available BNSF trackage for lease should be directed to the appropriate BNSF Division office. BNSF does not anticipate any change in its current policy allowing for the loading of shipper supplied, OT-5 approved, specialty covered hoppers where BNSF ownership is limited or nonexistent or when required for the handling of select commodities.

AVAILABILITY OF RAILROAD CONTROLLED CARS
BNSF recognizes two alternative circumstances under which railroad controlled cars may become unavailable, thereby triggering the right of private car owners with OT-5 authority to load those private cars. The first circumstance could occur in periods of normal demand for BNSF's transportation services when BNSF is unable to fill a particular car order at a particular location on a timely basis. The second circumstance could occur in periods of unusually heavy demand for BNSF's transportation services when BNSF falls behind in filling car orders on a system average basis.

Inability to fill a particular car order on a timely basis. Normally, requests for transportation in covered hopper cars are made by placing with BNSF a bona fide car order as described in CAR SERVICE RULE 15 - Requests for Cars (as published in the Official Railway Equipment Register). At the shipper's option, privately controlled covered hoppers OT-5 registered and authorized after October 15, 1989 may be placed into service on BNSF at a shipping location which has an outstanding car order unfilled by BNSF 15 calendar days after the original car order want date. The shipper must notify the BNSF AG Operations Office a minimum of 5 days in advance of his intent to make use of private OT-5 cars. This pre-advice may not be given earlier than 10 days after the original car order want date has passed.

The total number of private cars loaded may not exceed the total number of carrier cars requested in the unfilled car orders open 15 days or greater. A shipper may choose either to (1) load his private cars in addition to carrier cars already on order, or (2) to apply his private cars against the outstanding car order in partial or complete fulfillment of that order.

The use of authorized private OT-5 covered hoppers, when applied in partial or complete fulfillment of an outstanding car order according to the provisions above, will not result in a car order cancellation penalty as specified in item 12163 on BNSF tariff 4022. If, however the shipper elects to load his cars while holding open an existing order for BNSF supplied cars and subsequently cancels or reduces that order, the penalty provision of item 12163 of BNSF tariff 4022 will apply.

The right to load privately controlled covered hoppers with OT-5 registration under this alternative expires when the car order in question is either canceled by the shipper or filled by the BNSF.

Delay in filling car orders on a system average basis. Regardless of the existence of an outstanding car order, privately controlled covered hoppers OT-5 registered and authorized after October 15, 1989 may be placed into service on BNSF when BNSF becomes 15 calendar days or more late in filling outstanding car orders for covered hoppers on a system average basis. BNSF will provide periodic advice about its currentness in fulfilling cars orders in the "BNSF GRAIN FLEET PERFORMANCE REPORT" published weekly on the BNSF web site. Shippers may inquire about BNSF's status at the Ag Commodities Operations Desk. Shippers who desire to utilize privately controlled OT-5 registered covered hoppers when BNSF becomes 15 days late on a system average basis should contact BNSF Ag Products Equipment Utilization at 817/867-6589.

Privately controlled covered hopper cars placed into service under this alternative may continue in service as long as BNSF remains 15 calendar days or more late in filling outstanding car orders for covered hoppers, or for the completion of any loaded movement if the system average should fall below 15 days after the private cars have been loaded. Once BNSF is less than 15 calendar days late in filling car orders and loaded movements have been completed, privately controlled covered hopper cars must be removed from the BNSF system unless alternative arrangements have been made.

MARKET BASED COMPENSATION
Private car owners will be compensated for the authorized use of their private covered hoppers at market based rates as agreed to by the parties, and will reflect current market conditions at the time of use.

HANDLING OF EMPTY PRIVATE CARS
Empties will be handled consistent with existing RPS 6007 tariff. Request for any deviation or modification of this handling must be placed with BNSF Customer Service Center at 888-428-2673

UNAUTHORIZED USE OF PRIVATE CARS
If a private OT-5 car is loaded and released for movement without prior authorization as defined in the provisions covering AVAILABILITY OF RAILROAD CONTROLLED CARS above, BNSF at is discretion may require the shipper to unload the car. This statement of policy and procedure expresses the general conditions under which BNSF will integrate into its system the loading and use of privately supplied covered hoppers which have been OT-5 registered after October 15, 1989. Any requested deviation from this policy will be considered only when the use of such cars does not interfere with the effective and efficient operation of the railroad and its customers. Such requests, when justified, will be accomplished through the use of bilateral contracts. Questions concerning policy and procedures should be directed to Ag Products Equipment Utilization, Fort Worth, TX, (817) 867-6589

Randall C. Knox
Director Equipment Utilization Hoppers