DOT 49 CFR PART 1312-2010 REGULATIONS FOR THE PUBLICATION POSTING AND FILING OF TARIFFS FOR THE TRANSPORTATION OF PROPERTY BY OR WITH A WATER CARRIER IN NON-CONTIGUOUS DOMESTIC TRA.pdf

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1、221 Surface Transportation Board, DOT 1312.1 shall be in large print and posted in a conspicuous place. In addition, the car-rier shall, upon request, make its tar-iffs available at that location as soon as possible but not later than within 20 days, or provide the sought informa-tion orally if sati

2、sfactory to the re-questor. (e) Any publication referred to in a tariff must be maintained with that tariff. (f) If any tariff maintained pursuant to paragraph (b) of this section has not been used for a substantial length of time, the availability of that tariff, in-cluding its reissues, may be dis

3、con-tinued at that office until such time as it is again requested. It shall then be made available within 20 days. 1310.6 Furnishing copies of tariff publications. (a) Copies of tariffs, specific tariff provisions or tariff subscriptions shall be provided upon request to any inter-ested person. (b)

4、 Except for providing to shippers the full text of tariff terms incor-porated by reference into the bill of lading or other document embodying the contract of carriage for the trans-portation of household goods, as de-scribed in 1310.4(a)(1), carriers may as-sess charges for furnishing copies of tar

5、iff publications to interested per-sons. If a charge is made, the charge must be reasonable, and identical for the same publications and delivery service. PART 1312REGULATIONS FOR THE PUBLICATION, POSTING AND FIL-ING OF TARIFFS FOR THE TRANS-PORTATION OF PROPERTY BY OR WITH A WATER CARRIER IN NON-CO

6、NTIGUOUS DOMESTIC TRADE Sec. 1312.1 Scope; definitions. 1312.2 Requirement to publish and file a tar-iff. 1312.3 Tariff contents and standards; Essen-tial criteria. 1312.4 Filing of tariffs. 1312.5 Amendments to tariffs. 1312.6 Advance notice required. 1312.7 STB tariff designation. 1312.8 Identific

7、ation of tariff publication. 1312.9 Statement of tariff application and other title page requirements. 1312.10 Notification of tariff changes and nature of changes. 1312.11 Special notification for ordered mat-ter. 1312.12 Posting requirements. 1312.13 Furnishing copies of tariff publica-tions. 1312

8、.14 Powers of attorney and concur-rences. 1312.15 Change of carrier or agent. 1312.16 Substitution of service. AUTHORITY: 49 U.S.C. 721(a), 13702(a), 13702(b) and 13702(d). SOURCE: 62 FR 19058, Apr. 18, 1997, unless otherwise noted. 1312.1 Scope; definitions. (a) Applicability. The provisions of thi

9、s part address the requirements in 49 U.S.C. 13702 that carriers subject to the Boards jurisdiction under 49 U.S.C. Chapter 135 and providing transpor-tation or service for the movement of property (except bulk cargo, forest products, recycled metal scrap, waste paper, and paper waste) by or with a

10、water carrier in noncontiguous domes-tic trade shall publish and file with the Board tariffs containing the rates for such transportation. (b) Exceptions. The provisions of this part do not apply to: (1) Any transportation or service pro-vided by a carrier pursuant to 49 U.S.C. 14101(b); or (2) The

11、transportation of any cargo or type of cargo or service which was not subject to regulation by, or under the jurisdiction of, either the Federal Maritime Commission (FMC) or the Interstate Commerce Commission under Federal law in effect on Novem-ber 1, 1995. (c) Definitions. For the purposes of this

12、 part: Act means part B of subtitle IV of title 49 of the United States Code. Agent means a person, association or corporation authorized to publish and file rates and provisions on behalf of one or more carriers in tariffs pub-lished in the agents name. Agents tariff means a tariff filed in the nam

13、e of an agent. Board means the Surface Transpor-tation Board. Bound tariff means a tariff consisting of two or more sheets bound at the left edge in pamphlet or book form or a sin-gle-sheet tariff. VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00231 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 2

14、20220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-222 49 CFR Ch. X (10110 Edition) 1312.2 Carrier means a motor carrier, water carrier or freight forwarder subject to the Boards jurisdiction under 49 U.S.C. Chapter

15、135. Carriers tariff means a tariff filed in the name of a carrier. Collectively established tariff matter means a rate, charge, rule or other tar-iff provision established pursuant to 49 U.S.C. 13703. Independently established tariff matter means any rate, charge, rule or other tariff provision not

16、 established pursu-ant to 49 U.S.C. 13703. Item means a tariff provision of any kind bearing an item number designa-tion. Joint rate means a rate that applies over the lines or routes of two or more carriers made by an agreement be-tween the carriers and effected by a concurrence or power of attorne

17、y. Joint tariff means a tariff that con-tains joint rates or provisions affecting joint rates. Local rate means a rate that applies only to one carrier. Local tariff means a tariff that con-tains local rates or provisions affecting local rates. Looseleaf page means a single page published as part of

18、 a new or reissued looseleaf tariff or as an amendment to such a tariff. Looseleaf tariff means a tariff con-sisting of looseleaf pages. Noncontiguous domestic trade means transportation subject to jurisdiction under 49 U.S.C. Chapter 135 involving traffic originating in or destined to Alaska, Hawai

19、i, or a territory or pos-session of the United States. Original tariff means a bound or looseleaf tariff as originally filed ex-cluding amendments. Page means that portion of a tariff or supplement printed on one side of a sheet. Post refers to making filed tariffs available to the public. Publicati

20、on means a bound tariff, a tariff supplement, or a looseleaf tariff page. Rate means a rate or charge. Service terms mean all classifications, rules and practices that affect the rates or level of service. Supplement means a single sheet, or two or more sheets bound at the left edge in pamphlet or b

21、ook form, identi-fied as a supplement and published to amend or cancel a bound or looseleaf tariff. Tariff means an issuance (in whole or in part) bearing designations required by this part and containing rates, rules, regulations, classifications or other provisions published and filed with the Boa

22、rd for compliance with 49 U.S.C. 13702. 62 FR 19058, Apr. 18, 1997, as amended at 64 FR 5195, Feb. 3, 1999 1312.2 Requirement to publish and file a tariff. (a) Requirement for tariff. Except when providing transportation for charitable purposes without charge, or when pro-viding transportation or se

23、rvice de-scribed in 1312.1(b), carriers subject to the Boards jurisdiction under 49 U.S.C. Chapter 135 may provide transpor-tation or service described in 1312.1(a) only if the rates, and related rules and practices, for such transportation or service are contained in a published tariff that is on f

24、ile with the Board and in effect under this part. (b) Adherence to tariff. The carrier may not charge or receive a different compensation for the transportation or service than the rate specified in the tariff, whether by returning a part of that rate to a person, giving a person a privilege, allowi

25、ng the use of a facility that affects the value of that transpor-tation or service, or another device. The carrier shall keep such tariffs available for public inspection and shall make such tariffs available to subscribers as required in this part. (c) Other information. Provisions for information

26、purposes only may be in-cluded in a tariff, provided they are clearly identified as such. Such provi-sions may include rates and service terms covering transportation not sub-ject to regulation by the Board, and ad-vertising and promotional material. (d) Effect of filing. The tender of a tar-iff and

27、 its receipt and acceptance by the Board do not relieve a carrier of li-ability for violations of the Act, other laws, the Boards regulations, or any decision of the Board or a court, or have any effect on the rights of persons VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00232 Fmt 801

28、0 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-223 Surface Transportation Board, DOT 1312.5 to file complaints for substantive vio-lations of the Act or the Boards regu-lations. (e)

29、Tariff relief. Relief from the provi-sions of this part may be sought. Re-quests for such relief shall be sub-mitted in duplicate and accompanied by the appropriate fee (see 49 CFR part 1002). Packages containing applications for relief shall be prominently marked SPECIAL TARIFF AUTHORITY AP-PLICATI

30、ON. The application shall cite all pertinent tariff matter and shall provide complete information re-garding applicants justification, pur-pose and manner of relief sought. (f) Invalidation of tariffs. Tariffs that violate section 13702 of the Act, or a regulation of the Board carrying out that sect

31、ion, may be invalidated by the Board. When a tariff is invalidated, the party that filed it will be furnished a written explanation of the reasons for such action. Tariffs issued in lieu of in-validated tariffs shall so state. 1312.3 Tariff contents and standards; Essential criteria. (a) Contents. T

32、ariffs filed with the Board must include an accurate de-scription of the services offered to the public; must provide the specific appli-cable rates (or the basis for calculating the specific applicable rates) and serv-ice terms; and must be arranged in a way that allows for the determination of the

33、 exact rate(s) and service terms applicable to any given shipment (or to any given group of shipments). (b) Use of multiple tariffs. All informa-tion necessary to determine applicable rates and service terms for a given shipment need not be contained in a single tariff, but if multiple tariffs are u

34、sed to convey that information, the tariff containing the rates must make specific reference (by STB tariff des-ignation) to all other tariffs required to determine applicable rates and serv-ice terms, and the carrier(s) party to the rates must participate in all of the tariffs so linked. (c) Clarit

35、y. Tariff information must be presented in a way that facilitates the determination of the prices and services offered, and the related service terms. Ambiguous terms and complex methods of presentation shall not be used. (d) Explanations. Reference marks and abbreviations, other than com-monly used

36、 abbreviations, shall be ex-plained either in the item in which they are used or in a separate item. 1312.4 Filing of tariffs. (a) Filing requirements. (1) Tariffs shall be filed in English with rates ex-plicitly stated in U.S. dollars and cents. Two copies of each tariff publi-cation shall be filed

37、 with the Board. Packages containing tariff filings should be prominently marked TAR-IFF FILING and addressed to: Section of Tariffs, Surface Transportation Board, 1925 K Street, NW., Washington, DC 204230001. (2) A tariff filing must be accom-panied by an authorized document of transmittal identify

38、ing each publica-tion filed, and by the appropriate filing fee (see 49 CFR part 1002). Acknowledg-ment of Board receipt of a tariff filing can be obtained by enclosing a dupli-cate transmittal letter and a postage- paid, self-addressed return envelope. Each transmittal letter shall clearly indicate

39、in the upper left-hand corner thereof: (i) The assigned alpha code of the issuing carrier or agent; (ii) The number of pages transmitted; (iii) The filing fee enclosed, the ac-count number to be billed, or the credit card to be charged; (iv) The transmittal number if the filer utilizes transmittal n

40、umbers; and (v) If the filing fee is charged to a credit card, the credit card number and expiration date, and an authorized sig-nature. (b) Paper size. Tariffs shall be printed on paper not larger than 81211 inches. 1312.5 Amendments to tariffs. (a) Manner of making changes. An amendment is a chang

41、e in, addition to, or cancellation of part of a tariff. Sup-plements are the tariff publications used to amend bound tariffs, and new or revised pages are the tariff publica-tions normally used to amend looseleaf tariffs, although looseleaf tariffs can also be amended by supplements. Tar-iffs can al

42、so be canceled by new or re-issued tariffs (see 1312.7). VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00233 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-224 49

43、 CFR Ch. X (10110 Edition) 1312.6 (b) Supplements. Supplements issued to amend a tariff shall be consecu-tively numbered. Each new supplement shall identify any supplement(s) that it cancels, and any supplement(s) that are still in effect. A tariff amendment published in a supplement may be car-ried

44、 forward to later supplements if it is identified as reissued without change from the supplement in which it was originally published. (c) Looseleaf pages. Looseleaf pages to an original tariff shall be designated as Original (e.g., Original Title Page, Original Page 1, Original Page 2, etc.). Loose

45、leaf pages issued to amend the tariff shall bear consecutive revision numbers and shall cancel the prior version(s) of the same page (e.g., 1st Revised Page 1 Cancels Original Page 1, 2nd Revised Page 1 Cancels 1st Revised Page 1, etc.). Additional original pages may also be issued to amend a tariff

46、, by adding new numbered pages after the last numbered page, or by adding existing numbered pages with alpha-betic suffixes (e.g., a page designated as Original Page 2A could be added be-tween pages 2 and 3, etc.). Each loose-leaf tariff shall include a Check Sheet, a Correction Number Check Sheet,

47、or some other method of determining the looseleaf pages issued to amend such tariff. 1312.6 Advance notice required. (a) Notice requirement. Unless other-wise specifically authorized by the Board, tariffs must be filed with the Board on not less than the notice shown in paragraph (b) of this section

48、. Notice means the number of days the publication is on file with the Board prior to its effective date(s). The date the publication is received by the Board counts as the first day of notice. (b) Length of notice. A tariff may not become effective earlier than: (1) Thirty days after filing for all

49、col-lectively established tariff matter. (2) Seven workdays after filing for independently established increased tariff matter. (3) Upon filing for independently es-tablished new tariff matter, independ-ently established reduced tariff matter, the addition or restoration of a car-riers participation in a tariff, a correc-tion to the list of participating carriers in a tariff (other than the cancellation of a carriers participation), an exten-s