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[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.
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
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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. 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
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be known as "Joint Basing Transfer Tariffs" and shall include the transfer points by which through rates may be figured, and shall provide that the lowest charge that can be computed therefrom via any transfer point named therein shall be the through charge from point of origin to destination applicable via any transfer point named therein.
6. Limiting use of terms "Missouri River points," "" 'general specials,'' etc.The terms "Missouri River points," "Puget Sound points," or similar terms shall not be used in any tariff for the purpose of indicating the points from or to which rates 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.
The term "general specials," or similar term must not be used in any tariff for the purpose of indicating the articles to which the rates apply, unless a full list of the articles included in and covered by such term is printed in the tariff or specific reference is given to I. C. C. number of issue that contains such list.
Commodity rates must be specific.-Commodity rates must be specific and must not be applied to analogous articles.
7. Commodity rate the only rate that can lawfully be used. In every instance where a commodity rate is named in a tariff upon a commodity and between specified points such commodity rate is the lawful rate and the only rate that can be used by the companies parties thereto, with relation to that traffic between those points, even though a merchandise rate or some combination may make lower. The naming of a commodity rate on any article or character of traffic takes such article or traffic entirely out of the classification and out of the merchandise rates between the points to which such commodity rate applies, and the commodity rate so named is not modified by the provisions in the classification for extra valuation charges, limitation of liability, icing charges, or any variation of the commodity rate, unless the commodity tariff provides that classification rules will govern.
Classifications and class rate tariffs shall contain the provision that wherever commodity rates are named they remove the application of the classification scale or class rates to the same commodity and between the same points.
Rates for mixed shipments.-Rates may be made for specified mixed shipments and will be the lawful rates for such mixtures, even though certain parts of the mixtures are covered by merchandise or commodity rates when shipped separately. 8. Tariff or supplement to tariff shall specify cancellations.-If a tariff or sup plement to a tariff is issued which conflicts with a part of another 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 tariff which are thereby canceled, and such other tariff shall at the same time be correspondingly amended in the regular way. It will not be necessary to give on commodity tariff or supplement reference to merchandise rate tariffs that may be affected, nor to give on merchandise rate tariffs or supplements reference to commodity tariffs, except as provided in Rule 28.
Cancellation must be by authorized agent or by express company that issued the tariff canceled.-An agent who acts under power of attorney is fully authorized to act for the express companies that have named him their agent and attorney, and, therefore, it is permissible for him to cancel by his tariffs issues of such principals. A concurrence, however, does not confer authority upon either express company or agent to cancel tariffs of concurring express company and, therefore, tariffs issued under concurrences may not assume to cancel, or carry notation of cancellation of, tariffs of and issued by concurring express companies. Such cancellations must be made by the express company that issued the tariff that is to be canceled.
Cancellation notice must be by supplement.-If a tariff is canceled with the purpose of canceling entirely the rates named therein, or when, through error or omis sion, a later issue failed to cancel the previous issue, and a tariff is canceled for the purpose of perfecting the records, the cancellation notice must not be given a new I. C. C. number, but must be issued as a supplement to the tariff which it cancels, even though such tariff may at the time have two effective supplements.
Cancellation notice shall specify where rates will thereafter be found.—When a tariff or a commodity rate is canceled by supplement the cancellation notice must
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show where rate will thereafter be found, or what rate will thereafter apply. For example: "Rate in I. C. C. No. will apply," or "Merchandise rates will apply," or "Combination rate will apply," or "No rates in effect." If a tariff is canceled with the purpose of applying in lieu thereof the rates shown in some other tariff, the cancellation notice shall make specific reference to the I. C. C. number of tariff in which such rates will thereafter be found. 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 3.
9. Amendments and supplements.-A change in or addition to a tariff shall be known as an amendment, and, excepting as provided in Rules 2 and 5, shall be issued in a supplement to the tariff and shall refer to the page or pages or item or items of the tariff which it amends. Supplement shall contain full list of participating carriers.
No more than two supplements at any time.—Supplements to a tariff shall be numbered consecutively as supplements to that tariff and not be given separate or new I. C. C. numbers. There shall at no time be more than two supplements in effect to any tariff. Each supplement shall specify the supplement or supplements which it cancels, and shall also show on title-page what supplements are in effect and that such effective supplements contain all changes. For example: "Supplement No. to I. C. C. No. and "Cancels Supplements Nos. "Supplements Nos. are in effect and contain all changes." The term cancels conflicting portions" must not be used.
An amended item must always be printed in supplements in its entirety as amended. Show effective date of reissued items and I. C. C. reference.-A tariff or a supplement which contains reissued items must not bear the notation "effective at once, except as noted" but instead must bear the notation "effective except as noted in individual items.'' Example: "Issued -, except as noted in individual items." Reissued items must bear notation "Effective [date upon which item became effective] in I. C. C. No. -;" or "in Supplement No. to I. C. C. No. -."
Items reissued from publications that were on file prior to August 1, 1908, may show last date and reference prior to August 1, 1908.
Amount of matter supplement may contain.-When the effective supplements to a tariff have, in the aggregate, attained the proportions of twenty-five (25) per cent of the pages in the original tariff, with a minimum of two pages, it must be reissued before further amendments may be made.
10. Tariffs must show icing, lighterage, or switching charges, or refer to I. C. C. tariff containing them.—In all cases where a charge in addition to tariff rate is made for icing, lighterage, or switching, the express company shall either include such charge in the tariff or refer therein to I. C. C. number of the tariff wherein such additional charge will be found.
11. Index of tariffs-Date of issue but no effective date for index of tariffs.-Each express company shall publish under proper I. C. C. number, post, and file a complete index of tariffs which are in effect and to which it is a party. Each index must bear on its title-page the notation "This index contains lists of tariff publications in effect on (date of issue of the index)."
Each supplement to index must bear on title-page the notation "This supplement contains corrections to and as in effect on (date of issue of the supplement).'
The title-page of index or of supplement must show the date of issue thereof, which must correspond to date shown in notations above, and must not bear any effective date. The rule requiring thirty days' notice does not apply to these indexes and their supplements. Such index shall be prepared in sections as follows and shall show: (a) I. C. C. number; (b) express company's own number; (c) index number; (d) initials of issuing express company or agent; (e) issuing express company or agent's number; (f) character of tariff or description of the articles upon which it applies; (g) where tariff applies from; (h) where tariff applies to.
Note.-Items (b), (c), and (e) may be omitted. Items (f). (g), and (b) will be stated in concise general terms.
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First section: A list of all the tariffs as to which the express company is an initial carrier. Commodity tariffs to be entered alphabetically under names of commodities or principal commodities. Tariffs applying to different groups of the same commodity must be grouped together; e. g., "Fruits," etc.
Following the specific commodity tariffs will be entered the general commodity tariffs and the merchandise tariffs. Under each of these heads the application of the tariffs will be described by alphabetical arrangement of the points or territory from or to which they apply, in either the "From" or "To" or "Between" column. Tariffs applying between a certain office and other offices will be listed in alphabetical order of offices for which constructed.
Second section: List of all tariffs of other express companies to which the express company is a party, arranged under commodities or merchandise as prescribed in the first section.
If the express company so desires, lists of its division sheets, official circulars, etc., may appear in this publication. Supplements need not be included in indices. Revision and supplements.—If any changes are made, this index shall be corrected to date and be reissued each month, or supplement may be issued each month show. ing 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, excepting that "Additions" to and "Eliminations" from the index will be arranged under those respective heads; and each supplement must cancel preceding supplement and bring forward all changes.
12. Tariffs to or from season or summer offices.-Tariffs of rates applying to or from offices at which business is transacted only during certain portions of the year, or tariffs applying over water routes during season of navigation only, shall remain in force until changed in the manner provided by these regulations, and it will not be necessary to re-file with the Commission the rates in force to or from such office or over such route, temporarily closed, when it is reopened. Three days' previous notice of the opening and closing of any summer or season office or water route must be filed with the Commission and duly posted, in supplement to the tariff. All offices where rates are temporarily in effect shall be designated in tariffs as "summer” or 66 'season "' offices.
13. Filing of tariffs Concurrence—Authorizing an agent to file tariffs.-Tariffs, classifications, and exception sheets and supplements thereto shall be filed with the Commission by proper officer of the express company or by an agent designated to perform that duty, and concurrence of every carrier amenable to the act to regulate commerce participating therein must be on file with the Commission or accompany the tariff or supplement. If an express company authorizes an agent to file its tariffs or classifications and exception sheets and supplements thereto, or certain of them, official notice of such authorization and of acceptance of responsibility by the express company for his acts, in form as hereinafter specified, must be filed with the Commission.
Authority to agent may be revoked or transferred.-Such notice may be revoked by an express company 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 on file.-If two or more express companies appoint the same person as agent for the filing of tariffs or classifications 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 amenable to the act to regulate commerce, participating in any tariff or classification of supplement thereto which is filed by him must be on file with the Commission or accompany the tariff.
Joint agent will use his own I. C. C. serial number.-Such joint agent duly authorized to act for several express companies must file joint tariffs or classifications or exception sheets under I. C. C. serial numbers of his own.
Tariffs issued by an express company under concurrences will be filed by it for all concurring.-Tariffs issued by an express company under its I. C. C. numbers may include, under proper concurrences, shown therein, rates via, and to and from points on other express companies' lines and concurring express companies may use such