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TARIFF CIRCULAR NO. 16-A.
(Cancels Special Express Companies Circulars Nos. 1 and 2.)
CONSTRUCTION AND FILING OF TARIFFS AND CLASSIFICATIONS OF EXPRESS
ADMINISTRATIVE RULINGS AND OPINIONS.
REGULATIONS ISSUED BY THE INTERSTATE COMMERCE
COMMISSION GOVERNING THE CONSTRUCTION AND FILING OF TARIFFS AND CLASSIFICATIONS FOR USE BY EXPRESS COMPANIES, COMMON CARRIERS, AS DEFINED IN THE ACT TO REGULATE COMMERCE.
Issued by order of Commission of June 27, 1908. Effective August 1, 1908.
TARIFFS AND CLASSIFICATIONS.
Tariffs that are lawfully on file with the Commission on August 1, 1908, 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 August 1, 1908, 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. Tariff schedules with the body of the tariff printed, as above provided, with rates filled in with typewriter or ink, may be used for filing and posting.
2. Form and size of tariff.-All tariffs must be in book, sheet, or pamphlet. form, and of size 9% by 111⁄2 inches. Loose-leaf plan may be used, so that changes can be made by reprinting and inserting a single leaf; but if changes are so made, no other supplements to same tariff may be issued.
3. Title-page shall show. The title-page of every tariff shall show:
(a) Name of express company.-Name of issuing express company, express companies, 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 express companies may, if desired, be entered below the upper marginal line of title-page.
(c) Kind of tariff.-Whether tariff is local or joint or a combination of same. (d) Territory.-Whether merchandise, 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, and exceptions thereto I. C. C. No. - and supplements thereto and
I. C. C. No. reissues thereof."'
[EXPRESS TARIFFS AND CLASSIFICATIONS.]
(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. (h) Notice of supplements.-On upper left-hand corner the words: "Only two supplements to this tariff may be in force at any time."
(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 No. 16-A.
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 express companies or carriers-Show concurrence numbers.— Names of issuing express companies, including those for which joint agent issues under power of attorney, and names of carriers amenable to act to regulate commerce participating under concurrence, both alphabetically arranged. The form and number of power of attorney or concurrence by which each carrier is made party to the tariff must be shown.
(c) 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 express company's commodity rates on such commodity or commodities applying from any point of origin named in the tariff to any point of destination named in the tariff.
(d) Index of offices.-Unless alphabetically arranged, a complete index of offices from which the tariff applies and an alphabetically arranged and complete index of offices to which the tariff applies, together with the names of States in which located.
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 offices in each traffic territorial or group description shall be arranged alphabetically, or all of the offices in traffic territories or groups named in the tariff may be included in one alphabetical index, provided that points of origin and points of destination be shown separately, alphabetically, and the traffic territorial or group description in which they belong be shown opposite the several offices.
(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 titlepage.
(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
[EXPRESS TARIFFS AND CLASSIFICATIONS.]
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 regulation 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; but a scale of rates or a table of distance rates may be included in the tariff together with the provision, "If the use of the scale rate or the mileage rate on page of this tariff makes a less charge on any shipment than rates named herein such lower charge will apply.
Tariff rules and regulations filed and posted may be referred to in other schedules governed thereby.-An express company 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.
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 parties to the tariff, the rates will apply.
Carrier's responsibility in routing under joint-rate tariff.-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 parties to the tariff; and shipper must not be required to pay higher charges than those stated in the tariff, because the express companies have not agreed divisions of the rates via the junction through which the shipment moves. If agent of express company 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 express companies to agree between themselves upon the division of the rates, and the intermediate or delivering companies may demand from the company whose agent so missends shipment their full local rates for the services which they perform. (This must not be construed as conflicting with Rule 37.)
5. (a) Basing tariffs.-A basing rate tariff to be used in computing through rates between points between which no specific through rate applies may be constructed in sections, each section containing an alphabetical list of the offices and the basing rates for an individual State.
Contemporaneous with issuance of supplement to such tariff and effective on the same date, any section_applying to an individual State may be reissued. Such reissue must bear the I. C. C. number of the tariff of which it is a part; the name of the State to which it applies; the cancellation of superseded section, specifying its date and the effective date of the new section; but supplement issued contemporaneously with such reissued section may not contain any changes affecting the State to which the reissued section applies. Reissued sections under this rule will not be counted as supplements under the rule limiting the number of supplements to any tariff. Such tariff shall contain an index of the effective dates of its several sections, and such index must be kept up to date either by reissue or in supplement to the tariff.
(b) Joint basing transfer tariffs.-Express companies shall print, post, and file alphabetical lists of the offices reached by connecting concurring express companies, arranged by States, and designating the transfer points at which through business may be transferred, together with the rates from such transfer points to the destination offices via the lines of such connecting concurring companies. These lists shall