DOT 49 CFR PART 1305-2010 DISCLOSURE AND NOTICE OF CHANGE OF RATES AND OTHER SERVICE TERMS FOR PIPELINE COMMON CARRIAGE.pdf

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1、217 Surface Transportation Board, DOT 1305.1 PART 1301 RESERVED PART 1302EXPORT AND IMPORT SHIPMENTS; RAILROADS CHARGES FOR RAIL TRANSPORTATION WHEN WATER TRANSPORTATION PERFORMED IN VESSELS NOT DOCUMENTED UNDER LAWS OF THE UNITED STATES Sec. 1302.41 Suspension of statute. 1302.42 Further suspension

2、 of statute. 1302.43 Applicable rates on shipments in transit when statute becomes effective. AUTHORITY: 49 U.S.C. 884. SOURCE: 32 FR 20541, Dec. 20, 1967, unless otherwise noted. CROSS REFERENCES: For United States Cus-toms Service, Department of the Treasury; see Customs Duties, 19 CFR Chapter I.

3、For Foreign-Trade Zones Board; see Commerce, 15 CFR Chapter IV. For regulations of Inter-national Trade Administration concerning foreign trade statistics; see Commerce, 15 CFR Chapter III. CHARGES FOR RAIL TRANSPORTATION WHEN WATER TRANSPORTATION PER-FORMED IN VESSELS NOT DOCUMENTED UNDER LAWS OF T

4、HE UNITED STATES 1302.41 Suspension of statute. The provisions of section 28 of the Merchant Marine Act, 1920, are hereby further suspended from and including the first day of January, 1921, until fur-ther order of this Board. 1302.42 Further suspension of stat-ute. (a) Order of March 11, 1924, as m

5、odi-fied, which terminated order of June 14, 1920, as modified, suspending provi-sions of section 28 of the Merchant Ma-rine Act, 1920, until further order of the Board, is hereby vacated and set aside. (b) The provisions of said order of June 14, 1920, as modified by the sup-plemental orders of Jul

6、y 27, 1920, De-cember 11, 1920, and February 7, 1921, specified in paragraph (a) of this sec-tion, shall continue in force until fur-ther order of the Board. 1302.43 Applicable rates on ship-ments in transit when statute be-comes effective. The following conditions are hereby prescribed as supplemen

7、tal to the or-ders aforesaid suspending the provi-sions of section 28 of the Merchant Ma-rine Act, that is to say, that notwith-standing the provisions of the aforesaid section 28 may become effective during the time when export or import ship-ments are in transit to or from the ports of export or i

8、mport the following conditions shall be observed. (a) With respect to all export ship-ments delivered to and receipted for by common carriers subject to the provi-sions of section 6 of the Interstate Commerce Act (section 6, 24 Stat. 380, as amended; 49 U.S.C. 6(13) the rates to the ports in force a

9、nd applicable upon said shipments via the lines of said car-riers upon the date of delivery to and receipt by such carriers shall be ap-plied to said shipments; and, (b) With respect to all import ship-ments delivered to and receipted for by common carriers subject to the provi-sions of section 6 of

10、 the Interstate Commerce Act (49 U.S.C. 6 (13) the rates from the ports in force and appli-cable to said shipments over the lines of said carriers upon the date of deliv-ery to and receipt by such carriers shall be applied to said shipments. PART 1305DISCLOSURE AND NO-TICE OF CHANGE OF RATES AND OTH

11、ER SERVICE TERMS FOR PIPE-LINE COMMON CARRIAGE Sec. 1305.1 Scope; definitions. 1305.2 Disclosure requirement for existing rates. 1305.3 Response to request for establish-ment of a new rate. 1305.4 Notice requirement. AUTHORITY: 49 U.S.C. 721(a) and 15701(e). SOURCE: 61 FR 35141, July 5, 1996, unless

12、 otherwise noted. 1305.1 Scope; definitions. (a) The provisions of this part ad-dress the requirements imposed on pipeline carriers by 49 U.S.C. 15701(b) and 15701(c). Such requirements apply to pipeline carriers only with respect to the transportation of commodities other than water, gas, or oil. V

13、erDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00227 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-218 49 CFR Ch. X (10110 Edition) 1305.2 (b) Except as otherwise

14、provided in paragraph (c) of this section, the provi-sions of this part apply to any trans-portation or service provided by a pipe-line carrier subject to the jurisdiction of the Surface Transportation Board under 49 U.S.C. 15301. (c) The provisions of this part do not apply to any transportation or

15、 service provided by a pipeline carrier to the ex-tent that such transportation or serv-ice is exempted from rate notice and disclosure requirements pursuant to 49 U.S.C. 15302. (d) For the purposes of this part, serv-ice terms means all classifications, rules, and practices that affect the rates, c

16、harges, or level of service for pipeline transportation. 1305.2 Disclosure requirement for ex-isting rates. (a) A pipeline carrier must disclose to any person, on request, the specific rate(s) requested (or the basis for cal-culating the specific rate(s), as well as all charges and service terms tha

17、t may be applicable to transportation covered by those rate(s). (b) The information provided by a pipeline carrier under this section must be provided immediately. (It is expected that the response will be sent within hours, or at the latest by the next business day, in most situations.) Such inform

18、ation may be provided ei-ther in writing or in electronic form, as agreed to by the parties. If the parties cannot agree, such information is to be provided in electronic form where both parties have the requisite capabilities; otherwise, it is to be provided in writ-ing. (c) A pipeline carrier may,

19、 at its op-tion, require that all requests sub-mitted under this section be in writing or electronic form, or the carrier may permit oral requests. 1305.3 Response to request for estab-lishment of a new rate. Where a shipper or a prospective shipper, or a person acting on behalf of a shipper or a pr

20、ospective shipper, re-quests that the carrier establish a rate in the absence of an existing rate for particular transportation, the carrier must promptly establish and provide to the requester a rate and applicable service terms. The information may be provided either in writing or in elec-tronic f

21、orm, as agreed to by the par-ties. If the parties cannot agree, such information is to be provided in elec-tronic form where both parties have the requisite capabilities; otherwise, it is to be provided in writing. The re-sponse should be provided as soon as reasonably possible, but no later than 10

22、 business days from receipt of the re-quest. If a carrier determines that ad-ditional information is required from the requester before a rate or term can be established, the carrier must so no-tify the requester as soon as possible, but no later than 10 business days after receipt of the request. O

23、nce the addi-tional information is received, the car-rier must set the rate and related serv-ice terms, and relay them to the re-quester, as soon as possible, but no later than 10 business days. The time period for response set forth in this section will not apply when the parties agree to a differe

24、nt time period. A pipeline carrier may, at its option, re-quire that requests submitted under this section be in writing or electronic form, or the carrier may permit oral requests. 1305.4 Notice requirement. (a) A pipeline carrier may not in-crease any rates or charges, or change any service terms

25、(except for changes that are equivalent to rate reductions) unless 20 days have expired after writ-ten or electronic notice has been pro-vided to all persons who, within the previous 12 months: (1) Have requested, under 1305.2 or 1305.3, the affected rates or service terms; or (2) Have made arrangem

26、ents with the carrier for a shipment that would be subject to the increased rates or changed service terms. (b) The notice required by this sec-tion may be provided either in writing or in electronic form, as agreed to by the parties. If the parties cannot agree, the information is to be provided in

27、 electronic form where both parties have the requisite capabilities; other-wise, it is to be provided in writing. (c) For purposes of this section, a mailed notice is deemed provided on the date such notice is postmarked. VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00228 Fmt 8010 Sfmt

28、 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-219 Surface Transportation Board, DOT 1310.3 (d) The notice required by this sec-tion must clearly identify the increase in rates or charges

29、or the change in service terms. PART 1310TARIFF REQUIREMENTS FOR HOUSEHOLD GOODS CAR-RIERS Sec. 1310.1 Scope; definitions. 1310.2 Requirement to maintain tariffs. 1310.3 Contents of tariffs. 1310.4 Incorporation of tariff provisions by reference. 1310.5 Availability of tariffs at carrier of-fices. 1

30、310.6 Furnishing copies of tariff publica-tions. AUTHORITY: 49 U.S.C. 721(a), 13702(a), 13702(c) and 13702(d). SOURCE: 62 FR 5171, Feb. 4, 1997, unless oth-erwise noted. 1310.1 Scope; definitions. (a) The provisions of this part ad-dress the tariff requirements imposed by 49 U.S.C. 13702 on motor ca

31、rriers and freight forwarders for the transpor-tation of household goods, and the no-tice requirements with which such car-riers must comply in order to be enti-tled to enforce the provisions of their tariffs against individuals whose ship-ments are subject to such tariffs. (b) The provisions of thi

32、s part apply to all movements of household goods defined in paragraph (c)(1) of this sec-tion, and to those movements of house-hold goods defined in paragraph (c)(2) of this section that are not provided under contracts entered into pursuant to 49 U.S.C. 14101(b) or former 49 U.S.C. 10702 (repealed

33、January 1, 1996). (c) For the purposes of this part, the term household goods means personal effects and property used or to be used in a dwelling, when a part of the equip-ment or supply of such dwelling, and similar property if the transportation of such effects or property is: (1) Arranged and pa

34、id for by the householder, including transportation of property from a factory or store when the property is purchased by the householder with intent to use in his or her dwelling; or (2) Arranged and paid for by another party. (d) For the purposes of this part serv-ice terms means all classificatio

35、ns, rules, regulations and practices that affect the rates, charges, or level of service for movements of household goods. 1310.2 Requirement to maintain tar-iffs. (a) Except when providing transpor-tation for charitable purposes without charge, carriers subject to the Boards jurisdiction under Chap

36、ter 135 of Title 49 of the United States Code may pro-vide transportation or service for movements of household goods only if the rates, and related rules and prac-tices, for such transportation or serv-ice are contained in a published tariff that is in effect under this section. The carrier may not

37、 charge or receive a dif-ferent compensation for the transpor-tation or service than the rate speci-fied in the tariff, whether by returning a part of that rate to a person, by giv-ing a person a privilege, by allowing the use of a facility that affects the value of that transportation or service, o

38、r through another device. Tariffs shall be published in the English language and rates shall be stated in money of the United States. (b) Tariffs maintained pursuant to this part must be available for inspec-tion by the Board, and must be pro-vided to the Board promptly and free of charge, upon requ

39、est, by mail or other delivery service. (c) A carrier that maintains a tariff pursuant to this part may not enforce the provisions of the tariff unless the carrier has given notice that the tariff is available for inspection in its bill of lading or by other actual notice to in-dividuals whose shipm

40、ents are subject to the tariff, as provided in 1310.4 of this part. (d) The Board may invalidate a tariff prepared by or on behalf of a carrier under this part if that tariff violates 49 U.S.C. 13702 or the regulations con-tained in this part. 1310.3 Contents of tariffs. (a) Tariffs prepared under t

41、his part must include an accurate description of the services offered to the public; must provide the specific applicable rates, charges and service terms; and must be VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00229 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-