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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).
Traffic territorial or group description of application of tariffs-If points of origin and destination are arranged alphabetically index of stations may be omitted.Traffic territorial or group descriptions may be used to designate points to or from which fares 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 on each line of road must be grouped together alphabetically and under the name of the road. If in naming fares in the tariff, points of origin and of destination are arranged alphabetically, or alphabetically by States or roads, alphabetical index of stations may be omitted.
Limiting use of term "common points."-The terms "common points," "Southeastern territory," or similar terms shall not be used in any tariff for the purpose of indicating the points from or to which fares named therein apply unless a full list of such points is printed in the tariff or specific reference is given to the I. C. C. number of the issue that contains such list.
(d) Reference marks and abbreviations.-Explanation of reference marks and technical abbreviations used in the tariff.
(e) Routing.-Routing under the tariff. If the fares apply via more than one route or gateway, the route or gateway shall be shown in connection with the fare, or the different routes shall be specified and each route be given a number, in which event the routing to each point of destination named in the tariff will be shown by placing opposite thereto, in a column headed "Route," the proper route number or numbers.
(f) Explanation of fares and rules.-Such explanatory statement in clear and explicit terms regarding the fares and rules contained in the tariff as may be necessary to remove all doubt as to their proper application.
(g) 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 fares named in the tariff shall be entered, except that a special rule applying to a particular fare shall be shown in connection with and on the same page with such fare.
No rule shall authorize substituting fare found in any other tariff.-No rule or regulation shall be included which in any way or in any terms authorizes substituting for any fare named in the tariff a fare found in any other tariff, or made up on any combination or plan other than that clearly stated in specific terms in the tariff of which the rule or regulation is a part. These rules shall include the general rules governing stop-over privileges and the general baggage regulations, and also schedule of excess-baggage rates, unless such excess-baggage rates are shown in tariff in connection with the fares.
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 fare schedules, and such publication may be made a part of such fare schedules by the specific reference "Governed by rules and regulations shown in I. C. C. No. ""
A fare 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.
(h) The fares.-The fares, explicitly stated, together with the names 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.
Tariffs naming fares for excursions may state such fares in such terms as "One first-class fare for the round trip," "One first-class fare and a third for the round trip," One first-class fare plus dollars for the round trip."
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Note.-The aim and tendency will at all times be in the direction of uniformity. It is not considered as practicable or wise to at this time undertake the adoption of a uniform form of stating fares in the several localities where, from peculiarities of conditions and long custom, representatives of carriers and patrons 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.
35. Arrangement of points in local tariffs.-In naming fares in local passenger tariffs points will be arranged geographically, and the points on main line shall appear first in order, followed by points on branch lines diverging from main line. The points on a branch line will be separated from main line and other branch-line points by a rule. The point of divergence from main line shall be shown at the top of the branch-line points, but fares to and from such point of divergence need not be repeated. Points shown at the top of column of fares will be known as "head-line points," and each column will be designated by a letter, or, if necessary, by a combination of letters or of letters and numerals. Points shown at the side of the columns of fares will be known as "side-line points," and will be numbered consecutively. The alphabetical index of stations provided for in Rule 34 will show the location of fares to or from each station by head-line letters and side-line numbers.
Arrangement of points in interdivision tariff.-Interdivision tariffs may be arranged geographically or alphabetically, but if arranged geographically the rule in next preceding paragraph will be followed.
36. Through tickets when no joint fares apply. A carrier may apply to through tickets fares to or from stations to or from which no joint fare is published by using lawfully published bases, locals, or proportionals in connection with other lawfully published tariffs. Tariffs containing basing fares must specify clearly the extent and manner of their use, and tariffs that are especially intended for use in connection with published basing fares must show the I. C. C. numbers of tariffs in which bases can be found.
37. Tariff or supplement shall specify cancellations.—If a tariff or supplement to a tariff is issued which conflicts with a part of any other tariff or supplement to a tariff which is in force at the time, and which is not thereby canceled in full, it shall specifically state the portions of such other tariffs which are thereby canceled, and such other tariffs shall at the same time be correspondingly amended in the regular way.
Cancellation notice shall specify where fares will thereafter be found.-If a tariff or part of a tariff is canceled, the cancellation notice shall make specific reference to the I. C. C. number of tariff in which such fares will thereafter be found or, if combination fares are to apply, shall so state. Cancellation of a tariff also cancels supplement to such tariff, if any in effect. If a tariff is canceled by the issuance of a similar tariff to take its place, cancellation notice must not be given by supplement, but by notice printed in new tariff, as provided in paragraph (b) of Rule 33. (Amended June 27, 1908. See Supp. to Tariff Circular 15A, sec. 12.)
38. Amendments and supplements.-A change in a tariff shall be known as an amendment and shall be printed in a supplement to the tariff which it amends, specifying such tariff by its I C. C. number. The supplement shall be reissued each time an amendment is made and shall always contain all the amendments to that tariff that are in force. Supplements to a tariff shall be numbered consecutively as supplements to that tariff and not be given new or separate I. C. C. numbers.
If there are more than ten participating carriers it is not necessary that supplement shall contain reproduction of the list of participating carriers shown in the tariff. Supplement may show that the list of participating carriers is "as shown in the tariff, except" (here show all additions to and eliminations from the original list that are effected by the supplement, or that have been effected by previous supplements, each alphabetically arranged.)
An amended item must always be printed in supplement in its entirety as amended.
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Only one supplement-Number of amendments permitted in a supplement.There shall at no time be more than one supplement in effect to any tariff, and when the supplement to a tariff of 20 or more pages contains ten per centum of the number of pages contained in the tariff the tariff shall be reissued before further changes in it can be made. (See exception in Rule 40.) The reissuance of a tariff will cancel supplement to such tariff.
No supplement may be issued to any excursion fare tariff that is issued on less than statutory notice under the provisions of Rule 52.
Reissuing tariff periodically.-If a tariff provides that it shall be reissued periodically at specified times not more than six months apart, and such provision is strictly observed, the supplement to such tariff may contain all amendments made thereto between such specified dates for reissuance.
Withdrawal and adoption of tariffs when one carrier is absorbed by another carrier. In case of change of ownership or control of a carrier the carrier whose line is absorbed, taken over, or purchased by another carrier shall unite with that other carrier in common supplements to the tariffs on file with the Commission, on the one hand withdrawing and on the other hand accepting and establishing such tariffs and all effective supplements thereto. Such common supplements shall be executed jointly by the traffic officers of both the old and new carriers, shall be numbered consecutively as supplements to the tariffs (whether of five pages or less) to which they are directed, and may be made effective on five days' notice to the public and the Commission by noting thereon reference to this rule. Amendments to such tariffs must thereafter be filed in consecutively-numbered supplements thereto until the tariffs are reissued. New tariffs reissuing or superseding these shall be numbered in the I. C. C. series of the new carrier. (Amended June 27 and July 1, 1908. See Supp. to Tariff Circular 15A, secs. 10, 13.)
39. Index of tariffs-Reissue and supplements.-Each carrier shall publish, with proper I. C. C. number, post, and file a complete index of the tariffs which are in effect and to which it is a party as an initial or a terminal line. Such index shall show: (a) I. C. C. number of each tariff. (b) Name or initials of issuing road or agent. (c) Brief description of character of tariff. (d) Concise statement of points between which tariff applies. Tariffs covering short-time excursion rates and supplements to tariffs need not be included in this index. If any changes are made, this index shall be corrected to date and be reissued each month, or, supplement may be issued each month showing all changes and also what tariff, if any, shown in index is canceled or superseded by one shown in supplement, and index be reissued every six months. If supplements are used they must be constructed in accord with specifications as to construction of index and each supplement must cancel preceding supplement and bring forward all corrections. If carrier so desires, lists of its division sheets, official circulars, and of its own numbers of its tariffs or division sheets may appear in this publication.
Note. This rule is also in rules governing freight tariffs. One index containing both passenger and freight tariffs will be deemed sufficient, but if both are included in one index four copies will be sent to the Commission. (Amended May 5 and June 27, 1908. See Supp. to Tariff Circular 15A, sec. 14.)
40. Suspension and restoration of rail-and-water fares.-Tariffs containing railand-water fares or all-water fares applicable via routes upon which it is necessary to close navigation during a portion of the year may provide for suspension and restoration of the rail-and-water fares and the all-water fares named therein under the following regulations:
(a) Notation on title-page of tariff. The following notation shall appear on the title-page of the tariff:
"The fares named herein for rail-and-water or all-water transportation are subject to suspension at the close of navigation and restoration on the opening of navigation of [here insert the name of the water carrier or carriers specified in the tariff] on notice as provided on page of this tariff."
(b) Rule in tariff providing for restoration of fares. In the rules governing the tariff shall appear the following:
"In anticipation of the opening of navigation of [here insert name of water carrier or carriers named in the tariff] restoration of the rail-and-water and all
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water fares contained in this tariff and in effective supplement thereto which was in force on the date the fares were last suspended or which has subsequently been made effective, will be announced by supplement to this tariff which will be filed with the Interstate Commerce Commission, be posted at stations from which the fares apply, and become effective not less than three days thereafter."
Rule in tariff providing for suspension of fares. "The fares in this tariff and in the supplement thereto for rail-and-water and all-water transportation are effective only during the season of navigation of [here insert the name of water carrier or carriers named in the tariff]. The supplement announcing the close of navigation and the suspension of rail-and-water and all-water fares named in this tariff and its effective supplement will be filed with the Interstate Commerce Commission and will be posted at stations from which the fares apply not less than three days in advance of the date upon which the fares will be suspended.'
(c) Supplements may contain. Not counted against tariff.-Supplements issued under this rule announcing suspension and restoration of rail-and-water and all-water fares in tariffs must not contain anything except such suspension or restoration notice and such supplements will not be counted against the number of supplements that is permitted as to such tariff under Rule 38.
(d) Suspended tariffs may be reissued or amended.—Rail-and-water and all-water fares suspended under this rule may be reissued or amended during such period of suspension upon statutory notice the same as though the fares were in effect and active use, but the restoration of the fares by supplement notice will not advance the effective date of any supplement to the tariff which has not on the date of restoration become effective. Supplements made effective prior to the date of restoration will be made effective on a given date "Subject, however, to restoration of the tariff fares at a subsequent date."
(e) Routes other than Great Lakes may suspend or restore on one day's notice.— Where the tariff suspended or restored under this rule applies to joint transportation by rail and river, or canal, or inland lakes other than the Great Lakes, such tariff may be suspended or restored on a like notice of one day instead of three days.
(f) Applying this rule to tariffs now in effect.—Rail-and-water tariffs now under suspension and that have not expired by their terms or been canceled, may be brought within this rule by the issuance of supplements which add to the tariff the provisions of paragraphs (a) and (b) of this rule. Such supplement may be issued under paragraph (c) of this rule, and, until April 15, 1908, may be issued on one day's notice to the public and to the Commission, giving reference to this rule. Statutory notice of suspension, withdrawal or restoration of fares or regulations must be given as to all tariffs that are not brought within the provisions of this rule. 41. Filing of tariffs-Authorizing an agent to file tariffs.-Tariffs and supplements thereto shall be filed with the Commission by proper officer of the carrier or by an agent designated to perform that duty, and concurrence of every carrier participating therein must be on file with the Commission or accompany the tariff or supplement. If a carrier authorizes an agent to file its tariffs and supplements thereto or certain of them, official notice of such authorization and of acceptance of responsi bility by the carrier for his acts, in form as hereinafter specified, must be filed with the Commission. Such notice may be revoked by a carrier upon thirty days' official notice to the Commission, or at any time be transferred to another agent by filing with the Commission notice of such transfer, accompanied by full-form authorization for the newly named agent.
Authorizations for agent and concurrences in his tariffs must be filed.-If two or more carriers appoint the same person as agent for the filing of tariffs and supplements thereto, each of them will be required to file with the Commission power of attorney, in form prescribed, appointing him their agent; and the concurrence of every other carrier participating in any tariff or supplement thereto which is filed by him must be on file with the Commission or accompany the tariff.
Use of consolidated concurrences. When consolidated form of concurrence PX6, PX7, or PX8 has been used and additions are to be made to the list of roads for which such agent acts under powers of attorney the necessity for a new set of consolidated concurrences presents itself. Trouble and inconvenience can be avoided by the issuance of powers of attorney authorizing such agent to receive concurrences
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and 49, and the securing of new concurrences will be
provided in Rules 47, 48, comparatively simple. Joint agent will use his own I. C. C. serial numbers.-Such joint agent duly authorized to act for several carriers must file joint tariffs under I. C. C. serial numbers of his own.
Issuing carrier will file tariff for all carriers party thereto.-Tariffs issued by a carrier under its I. C. C. numbers may include, under proper concurrences shown therein, fares via, and to and from points on, other carriers' lines, and concurring carriers may use such tariffs for posting at their stations. Such tariffs must be filed by the issuing carrier, and such filing will constitute filing for all lawfully concurring carriers.
Avoid conflict between tariffs.-A carrier that grants authority to an agent or to another carrier to publish and file certain of its fares must not in its own publications publish fares in conflict with those which are published by such authorized agent or other carrier, or which duplicate such fares except as provided in Rule 31.
Send copies of joint publication to every carrier party thereto.-The agent or the carrier that issues a joint tariff publication shall at once send copies thereof to each and every carrier that is named as party thereto.
All State or other fares used for interstate movements must be posted and filed— All local tariffs should have I. C. C. numbers and be posted and filed.-Fares for through tickets are often made by adding together two or more fares. All State or other fares used in combination for interstate movements must be posted at stations and filed with the Commission, and can only be changed as to such traffic in accord ance with the terms of the Act. The Commission believes it proper that all local tariffs be given I. C. C. numbers and be posted and filed with the Commission in manner prescribed in the Act.
Tariff must show full 30 days' notice.-The Act requires that all changes in fares, or in rules that affect fares, shall be filed with the Commission at least thirty days before the date upon which they are to become effective. Manifestly it is impossible for the Commission to check the items in tariffs to determine whether or not the statutory notice has been given. The title-page of every tariff must show full thirty days' notice, or bear a plain notation of the number and date of the permission, or the rule, or the decision of the Commission under which it is effective on less than statutory notice.
Receipt and filing of tariffs by Commission does not relieve carriers from liability for violation of Act or regulations thereunder. The law affirmatively imposes upon each carrier the duty of filing with the Commission all of its tariffs, and supplements thereto, as prescribed in the law or in any rule relative thereto which may be announced by the Commission, under penalty for failure so to do or for using any fare which is not contained in its lawfully published and filed tariffs. The Commission will give such consistent assistance as it can in this respect, but the fact that receipt of a tariff, or supplement to a tariff, is acknowledged by the Commission, or the fact that a tariff, or supplement to a tariff, is in the files of the Commission, will not serve or operate to excuse the carrier from responsibility or liability for any violation of the law, or of any ruling lawfully made thereunder, which may have occurred in connection with the construction or filing of such tariff or supplement. Thirty days' notice on every publication-Tariffs must be delivered to Commission, free from all charges or claims for postage, the full time required by law.-Full thirty days' notice to the public and to the Commission is required as to every publication which it is necessary for a carrier to file with the Commission, regardless of what changes may or may not be effected thereby. No tariff or supplement will be accepted for filing unless it is delivered to the Commission, free from all charges or claims for postage, the full thirty days required by law before the date upon which such tariff or supplement is stated to be effective. No consideration will be given to or for the time during which a tariff or supplement may be held by the Postoffice Department because of insufficient postage. A tariff or a supplement that is received by the Commission too late to give the Commission the full thirty days' notice required by law will be returned to the sender, and correction of the neglect or omission cannot be made which takes into account any time elapsing between the date upon which such tariff or supplement was received and the date of attempted