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REGULATIONS ISSUED BY THE INTERSTATE COMMERCE COMMISSION GOVERNING THE CONSTRUCTION AND FILING OF FREIGHT TARIFFS AND CLASSIFICATIONS AND PASSENGER FARE SCHEDULES, FOR USE BY COMMON CARRIERS WHOLLY BY RAILROAD OR PARTLY BY RAILROAD AND PARTLY BY WATER, AS DEFINED IN THE ACT TO REGULATE COMMERCE.
Revised by order of Commission of February 3, 1908.
Approved March 9, 1908.
FREIGHT TARIFFS AND CLASSIFICATIONS.
Tariffs that were lawfully on file with the Commission on May 1, 1907, and that have not since that time been superseded or canceled, will be considered as continued in force, and until they can be properly reissued may be amended without complying with the requirements of these rules as to the number and volume of supplements, and as to showing concurrence forms and numbers. All tariffs issued or reissued later than May 1, 1907, must conform to all of these rules. The Commission may direct the reissue of any tariff at any time. A tariff publication as to which these regulations have not been conformed to is subject to rejection by the Commission when tendered for filing.
The term "joint rate,” as used herein, is construed to mean a rate that extends over the lines of two or more carriers and that is made by agreement between such carriers.
“Joint tariffs” are those which contain or are made up from such “joint rates."
1. Tariffs must be printed.—All tariffs must be printed on hard calendered paper of good quality from type of size not less than 6-point full face. Stereotype, planograph, or other printing press process may be used. Reproductions by hectograph or similar process, typewritten sheets, or proof sheets must not be used for posting or filing.
2. Form and size of tariff.—All tariffs must be in book, sheet, or pamphlet form, and of size 8 by 11 inches. Loose-leaf plan may be used, so that changes can be made by reprinting and inserting a single leaf. 3. Title-page shall show:-The title-page of every tariff shall show: (a) Name of carrier.- Name of issuing carrier, carriers, or agent.
(b) I. C. C. number and cancellations.-I, C. C. number of tariff in bold type on upper right-hand corner, and immediately thereunder, in smaller type, the I. C. C. number or numbers of tariffs and supplements canceled thereby. If, however, the number of canceled tariffs is so large as to render it impracticable to thus enter them on title-page, they must be shown on following page; but specific reference to such list must be entered on title-page immediately under the number of the tariff. Serial numbers of carrier may, if desired, be entered below the upper marginal line of title-page. Separate serial 1. C. C. numbers will be used for freight and pagsenger tariffs.
[FREIGHT TARIFFS AND CLASSIFICATIONS.]
(c) Kind of tariff. Whether tariff is local, joint, proportional, or a combination of same.
(d) Territory.-Whether class, commodity, or a combination of both, and the territory or points from and to which the tariff applies, briefly stated.
(e) Reference to governing classification and exception sheets.—Reference by name and I. C. C. number to the classification and exception sheets governing the tariff. Following form may be used: “Governed by the classification, I. C. C. No. and exceptions thereto I. C. C. No. —, and supplements thereto and reissues thereof."
(f) Dates.-Date of issue and date effective. Any tariff may be changed upon statutory notice of thirty days, or, under special permission from the Commission, upon shorter notice. Therefore, a provision in a tariff that the same, or any part thereof, will expire upon a given date, is not a guaranty that the tariff, or such part of it, will remain effective until that date. The Commission considers such expiration notices undesirable, as many complications have arisen through their being overlooked. Such provision, if used, must be understood to mean that the tariff, or specified part of it, will expire upon the date named unless sooner canceled, changed, or extended in lawful way. On such tariffs the term “Expires
unless sooner canceled, changed, or extended,” must be used.
(g) Officer issuing.–Name, title, and address of officer by whom tariff is issued.
ih) Notice of supplements. On tariffs of more than four pages, on upper lefthand corner the words: “Only two supplements to this tariff may be in force at any tinie."
(i) When issued by permission or order of Commission on less than statutory notice.-On every tariff or supplement that is issued on less than thirty days' notice by permission or order or regulation of the Commission, notation that it is issued under special permission or order of the Interstate Commerce Commission, No. of date
or by authority of Rule —, Tariff Circular 4. Tariffs shall contain:—Tariffs in book or pamphlet form shall contain in the order named:
(a) Table of contents.—Table of contents, full and complete. Except that when tariff contains so small a volume of matter that its title-page or its arrangement plainly discloses its contents the table of contents may be omitted.
(b) Participating carriers.—Names of issuing carriers, including those for which joint agent issues under power of attorney, and names of carriers participating under concurrence, both alphabetically arranged. If there be not more than ten participat. ing carriers their names may be shown on the title-page of the tariff. The form and number of power of attorney or concurrence by which each carrier is made party to the tariff must be shown.
(c) Index of commodities.-Alphabetically arranged and complete index of all commodities upon which commodity rates are named, preceded by a paragraph, viz: “Following list enumerates only such articles as are given specific rates; articles not specified will take class rates.")All of the items relating to different kinds or species of the same commodity will be grouped together. For example, all items of coal under “Coal,'' and descriptive word or words following, as Anthracite,” “Coal-Bituminous,” etc.
Include all articles upon which commodity rates are named in other tariffs.—The index to a general commodity tariff shall also include in alphabetical order all articles upon which commodity rates are named in other tariffs applying from any point of origin to any point of destination named in the tariff, and with such entry shall be shown the number or numbers of tariff's in which such rates are found. For example, “Lime, I. C. C. 122, or “Staves, I. C. C. 1042.'' Carriers' tariff numbers may be also shown.
Commodity item containing list of articles taking one rate need be indexed but once, provided reference is given to list of articles embraced.—A commodity item which refers to a list of articles taking one commodity rate need be indexed but once provided reference is given to the item or the I. C. C. number of the issue that con. tains list of the articles embraced in the term. For example, “Agricultural implements, as described in item of this tariff,'' or was described in Western Classification, I. C. C. No. —;” or “ Packing House Products, as (lescribed in Tariff,
" "Coal(FREIGHT TARIFFS AND CLASSIFICATIONS.)
I. C. C. No. When such specific reference to list of articles embraced in the term is given, the several articles so embraced need not be indexed separately.
Tariff must contain all rates on commodities included in tariff and between same points.-A tariff on a single commodity, or a few commodities, shall contain all of that carrier's commodity rates on such commodity or commodities applying from any point of origin to any point of destination named in the tariff. If there be not more than ten such commodities, they may be named on the title-page of the tariff.
Alphabetical arrangement of rates to each destination. If all of the commodity rates to each destination in the tariff are arranged alphabetically by commodities, and plain reference thereto is given in table of contents, further or other index of commodities may be omitted from that tariff, provided that, if the issuing carrier, or a participating carrier, has in other tariff or tariffs commodity rates applying from any point of origin to any point of destination named in the tariff, a complete list in alphabetical order by commodities of such other tariffs, together with description of character of traffic, territory or points of origin and of destination, and the I. C. C. numbers of tariffs containing such commodity rates shall be shown in the first part of the tariff and shall be specifically referred to in the table of contents.
Commodity rate not indexed is not a lawful rate.—Excepting such as appear in a tariff or a supplement to a tariff which does not require an index, a commodity rate that is not included in the index will be treated as not having been published and can not lawfully be used.
(d) Index of stations.-Alphabetically arranged and complete index of stations from which the tariff applies and alphabetically arranged and complete index of sta. tions to which the tariff applies, together with the name of State in which located. If there be not more than twelve points of origin and twelve points of destination, they may, if practicable, be shown on title-page of tariff.
Geographical description.-Geographical description of application of tariff may be used only when the tariff applies to or from all stations in one or more States or Territories or when it applies to all points in a State or Territory except those speci. fied. But such list of exceptions for a State may not include more than 30 points. For example, a tariff may state that it applies from all points in New York, Pennsylvania, and New Jersey, and from all points in Delaware except (here give alphabetical list of excepted points), and from the following points in Ohio (here give alphabetical list of Ohio points).
Territorial or group descriptions.—Traffic territorial or group descriptions may be used to designate points to or from which rates named in the tariff apply, provided a complete list of such points arranged by traffic territories or groups is printed in the tariff or specific reference is given to the I. C. C. number of the issue that contains such list. In this list the stations in each traffic territorial or group description shall be arranged alphabetically, and the name or names of roads upon which stations are located must be shown; or all of the stations in traffic territories or groups named in the tariff may be included in one alphabetical index, provided (1) that points of origin and points of destination are shown separately, alphabetically; (2) that the name or names of roads upon which stations are located and the traffic territorial or group description in which they belong are shown opposite the several stations.
(e). Reference marks and abbreviations.—Explanation of reference marks and technical abbreviations used in the tariff.
(f) List of exceptions.—List of exceptions, if any, to the classification governing the tariff which are not contained in exception sheets referred to on title-page.
(g) Explanatory statements.-Such explanatory statement in clear and explicit terms regarding the rates and rules contained in the tariff as may be necessary to remove all doubt as to their proper application.
(h) Rules governing the tariff.-Rules and regulations which govern the tariff, the title of each rule or regulation to be shown in bold type. Under this head all of the rules, regulations, or conditions which in any way affect the rates named in the tariff shall be entered, except that a special rule applying to a particular rate shall be shown in connection with and on the same page with such rate.
No rule shall authorize substituting rate found in any other tariff.-No rule or reg. ulation shall be included which in any way or in any terms authorizes substituting for any rate named in the tariff a rate found in any other tariff or made up on any (FREIGHT TARIFFS AND CLASSIFICATIONS.)
combination or plan other than that clearly stated in specific terms in the tariff of which the rule or regulation is a part.
Tariff rules and regulations filed and posted may be referred to in other schedules governed thereby.-A carrier or an agent may publish, under I. C. C. number, post, and file a tariff publication containing the rules and regulations which are to govern certain rate schedules, and such publication may be made a part of such rate schedules by the specific reference “Governed by rules and regulations shown in I. C. C. No. '
A rate schedule may in like manner refer to another schedule for the governing rules and regulations.
A schedule or a publication so referred to must be on file with the Commission and be posted at every place where a schedule that refers to it is posted.
(i) Rates.—The rates, explicitly stated, together with the names or designation of the places from and to which they apply, all arranged in a simple and systematic manner. Complicated or ambiguous plans or terms must be avoided.
Note.-The aim and tendency will at all times be in the direction of uniformity. It is not considered practicable or wise to undertake, at this time, the adoption of a uniform form of stating rates in the several localities where, from peculiarities of conditions and long custom, representatives of carriers and shippers have become well acquainted with certain forms especially adapted to their use and which can easily be made to conform to these general rules. Adoption of a uniform form is a subject of such importance as to warrant the more exhaustive investigation and consideration which is being given to it.
Routes.—The different routes via which tariff applies may be shown, together with appropriate reference to application of rates. When a tariff specifies routing the rates may not be applied via routes not specified. A tariff may show the routing ordinarily and customarily to be used and may provide that, if from any cause shipments are sent via other junction points but over the lines of carriers parties to the tariff, the rates will apply.
If a tariff contains no routing directions the joint rates shown therein are applicable between the points specified via the lines of any and all carriers that are parties to the tariff; and shipper must not be required to pay higher charges than those stated in the tariff because the carriers have not agreed divisions of the rates via the junction through which the shipment moves. If agent of carrier bills or sends shipment via a route or junction point that is covered by the tariff but via which no division of the rates applies, it is for the carriers to agree between themselves upon the division of the rates, and the intermediate or delivering carriers may demand from the carrier whose agent so missends shipment their full local rates for the serv. ices which they perform. (This must not be construed as conflicting with Rule 70).
5. Rates on through shipment when no joint rates apply.—The practice on part of carriers of accepting and transporting through shipments, as to which no joint rate applies, upon rates made up by combination of the rates of the several carriers participating in the movement, and of collecting, as delivering carriers, the aggregate charges of the several carriers upon such shipments, and of accounting to such carriers for their several portions of such charges, is practically universal. That custom has the same binding effect as a joint rate, both as between carriers themselves and as between carriers and shippers. Therefore carriers may apply to through shipments rates to and from stations to and from which there is no applicable published joint rate by using lawfully published bases, locals, or proportionals, in connection with other lawfully published tariffs.
Basing or proportional tariffs must be specific.-Tariffs containing basing or proportional rates must specify clearly the extent and manner of their use, and tariffs that are especially intended for use in connection with published basing rates must show the I. C. C. numbers of tariffs in which bases can be found.
May specify basing point or factors for combination rate.-A carrier may provide in its tariffs that, in the absence of a specific rate from point of origin to destination of a through shipment, combination rate to or via certain points will be made upon specified basing point or points, or by using certain specified tariffs or rates, and the combination rates so specified will be the lawful rate for that shipment.
Lowest combination lawful rate.-If no specific rate from point of origin to desti