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This is to certify that the [name of carrier] assents to and concurs in the publication and filing of any passenger fare schedule or supplement thereto which the [here give list of all roads for which the agent has powers of attorney] or either or any of them, may make and file through their agent and attorney [name of agent], and in which it is shown as a participating carrier, and hereby makes itself a party to and bound thereby in so far as such schedule contains fares applying from to points on or reached via its line; or from points on or via its line to this authority is revoked by formal and official notice of revocation placed in the hands of the Interstate Commerce Commission and of the carriers to which this concurrence is given, or of their agent and attorney herein named.
[Name of carrier.] By [Name of officer.] [Title of officer.]
Filing.-Carrier issuing this form will file the original with the Commission and will furnish duplicate to each of the carriers named in the concurrence, or, if each of those carriers has given said agent power of attorney to receive for it concurrences, original will be filed with the Commission and one duplicate may be filed with such agent instead of furnishing duplicates to each and every carrier represented by him. Note.-Concurrence, form PX2, applies to individual publication named therein. Concurrence, form PX3 or PX6, confers authority to publish and file fares to, but not from, stations on line of concurring carrier and via its lines. Concurrence, form PX5 or PX7, confers authority to publish and file fares to and from stations on line of concurring carrier and via its lines. Forms PX3, PX5, PX6, and PX7 are not to be modified except as specified in the rules. The use of these several forms as provided will, therefore, show by the form number just what authority has been given except when form PX4 or PX8 is used, these forms being provided for instances which the other forms do not exactly fit. The Commission does not require the substitution of concurrence form PX5 for form PX4, now on file, which covers only the authority provided for in the new form PX5, but will welcome such substitution. For all new concurrences forms will be used as specified in the several rules, and PX4 or PX8 only when neither of the other forms provides for the authority it is desired to confer. 50. Numbers of concurrences and authorizations.-Each carrier will give authorizations and concurrences serial numbers, beginning with No. 1 in each series, as indicated by forms, and continuing in consecutive numbers as to each series, and keeping these numbers separate and apart from I. C. C. numbers of tariffs.
Printing and use of authorizations and concurrences. It is suggested that, for convenience in reference and filing, the powers of attorney and concurrences be printed in triplicate, consisting of a "stub, "to be retained by issuing carrier; an "original,'' to be filed with the Commission; and a "duplicate," to be furnished to the agent to whom power of attorney is given or to carrier to which concurrence is given.
Revocation effective.-Notice of revocation of a concurrence will become effective forty days from the date upon which such notice is filed with the Commission and served upon the carrier to which concurrence was given.
Subsidiary or small-line tariffs.—Subsidiary or small lines which do not wish to issue concurrences or tariffs may give to the parent or other line power of attorney to concur in tariffs, and also general concurrence PX4 or PX5, to file tariffs, and the carrier holding such authority and concurrence may give and also receive concurrence for itself and the lines for which it acts in one instrument. Such subsidiary or small lines must, however, be named in concurrences so given.
Conflicting authority to be avoided.—In giving concurrences care must be taken to avoid probability of two or more agents or carriers naming conflicting fares or rules.
[PASSENGER FARE SCHEDULES.]
Carrier issuing authority or concurrence is not relieved from duty of posting tariffs. -The granting of authority to issue tariffs under power of attorney, or general concurrence, does not relieve the carrier conferring the authority from the necessity of complying with the law with regard to posting tariffs. It may use tariffs issued under its authority for that purpose.
51. Letter of transmittal.—Âll tariffs that are filed with the Commission will be accompanied by a letter of transmittal, on paper 8 by 101⁄2 inches in size, and to the following effect:
[Name of carrier.] General Passenger Department,
To the Interstate Commerce Commission,
Washington, D. C.:
Accompanying schedule is sent you for filing in compliance with the requirements of the act to regulate commerce, issued by
and is concurred in by all carriers named therein as participants under continuing concurrences or authorizations now on file with the Interstate Commerce Commission, except the following named carriers, whose concurrences are attached hereto:
(Signature of filing agent.)
A separate letter may acompany each schedule, or the form may be modified to provide for filing under one letter as many schedules as can be conveniently entered. Note. If receipt for accompanying schedule is desired, the letter of transmittal must be sent in duplicate, and one copy will be stamped and returned as receipt.
[INDEX TO ADMINISTRATIVE RULINGS, SEE POST, PAGE 806.]
52. Round-trip excursion fares (issued October 12, 1906).—It is the opinion of the Commission that the provisions of the amended sixth section in respect of the publishing, filing, and posting of tariffs apply to the mileage, excursion, and commutation fares authorized by the twenty-second section. Such a fare when first established or offered is held to be a change of fare which requires a notice of thirty days. No reason appears why this notice should not be given in the case of mileage fares, commutation fares, round-trip fares, or other reduced fares which, like ordinary passenger fares, are established for an indefinite period and appear to be a matter of permanent policy. Strictly excursion fares, however, covering a named and limited period, are of a different character in this regard and may properly be established on much shorter notice.
To avoid the necessity for special application in cases of this kind, the Commission has made a general order fixing the following-named time of notice of round-trip excursion fares, and carriers may govern themselves accordingly:
Fares for an excursion limited to a designated period of not more than three days may be established, without further notice, upon posting a tariff one day in advance in two public and conspicuous places in the waiting room of each station where tickets for such excursion are sold and mailing a copy thereof to the Commission. Fares for an excursion limited to a designated period of more than three days and not more than thirty days may be established upon a like notice of three days.
Fares for a series of daily excursions, such series covering a period not exceeding thirty days, may be established upon like notice of three days as to the entire series, and separate notice of the excursion on each day covered by the series need not be given.
Fares for an excursion limited to a designated period exceeding thirty days will require the statutory notice unless shorter time is allowed in special cases by the Commission.
Definition of term "limited to a designated period."-The term "limited to a designated period" used above is construed to cover the period between the time at which the transportation can first be used and the time at which it expires. If tariff names different selling dates for excursions which form a series, and the period of time between the first selling date and the last date upon which any tickets sold under the tariff may be used exceeds thirty days, the series of excursions so provided for do not come within the period of "not exceeding thirty days," and such tariff may not be issued by authority of this rule. But it is permissible to establish fares for two or more distinct and separate excursions to various points and for various occasions, each such excursion limited to a designated period of not more than thirty days, and for convenience of public and agents to announce them in a bulletin tariff under this rule. It is also permissible to show in such bulletin fares for a series of excursions between the same points, such series covering a period of more than thirty days, provided full statutory notice of such series is thereby given, and provided title-page of publication bears notation "Effective except as noted in individual items as to which full statutory notice is given." When such items are brought forward to another issue of bulletin they must bear notation "First announced in Bulletin No. I. C. C. No. -, of 190-."
No supplement to tariff under this rule. No supplement may be issued to any tariff that is issued under this rule and title-page of tariff must so state. Every such tariff must bear notation on title-page "Issued by authority of Rule 52, Tariff Circular 15A."
53. Round-trip tickets on certificate plan (issued December 21, 1906).-Roundtrip tickets on the certificate plan may be issued at reduced fares and their use be confined to the delegates to a particular convention or to the members of a particular association or society, upon the condition that a certain number of such tickets shall be presented for validation for return trip before the reduced fare for
[ADMINISTRATIVE RULINGS AND OPINIONS.]
return trip will be granted to any. Tariffs of fares and regulations governing issuance and use of round-trip tickets on certificate plan must be regularly filed and posted, and the regulations must not be such as will operate to evade or nullify any provision of the law.
The Commission suggests that the rule should provide that not less than one hundred tickets shall be presented for validation for return trip before reduced fare will be granted to any.
Round-trip tickets on certificate plan may also be issued to Government employees going home to vote and returning to their employment.
It is represented that in many instances persons desiring to attend on some particular day of the convention are prevented from promptly returning to their homes because the minimum number of tickets required has not been presented for validation. Answering numerous inquiries, the Commission expresses the opinion that it would not be unlawful or improper for carriers to accept a satisfactory guaranty or bond of an association or society, which is entitled to and for which the roundtrip fare is made, that the minimum number of tickets will be validated or the difference between the reduced fare and the full fare paid by the association or society, thus permitting the prompt validation of tickets and reduced-return-trip fare, it being understood that if the specified number of tickets be not validated the society will, in good faith, be required to pay the difference agreed upon.
54. Changes in rates or fares (issued March 18, 1907).-Section 6 of the Act as amended June 29, 1906, provides that
"No change shall be made in the rates, fares, and charges, or joint rates, fares, and charges, which have been filed and published by any common carrier in compliance with the requirements of this section, except after thirty days' notice to the Commission and to the public published as aforesaid, which shall plainly state the changes proposed to be made in the schedule then in force and the time when the changed rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection."
Rate and fare changes filed and published must become effective. Rates or fares in force can only be changed on thirty days' notice. This provision plainly refers to rates and fares which have already become effective, and also applies the term "proposed changes" to rates and fares which have not become effective. It follows that after notice of a change in rates or fares has been filed and published the new rates or fares must be allowed to go into effect, and can not be withdrawn, canceled, or superseded except upon notice filed and published for at least thirty days after the date when the rates or fares have become effective. A tariff may contain a notation that rates or fares therein stated will expire upon a date therein specified which is at least thirty days subsequent to the date on which such rates or fares become legally effective, and this will be legal notice of the cancellation or withdrawal of such rates or fares. 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 tariff or any part of it will expire upon a given date is not a guaranty that the tariff, or such part of it, will remain effective until that date. Such provision must be understood to mean that the tariff, or speci fied part of it, will expire upon the date named unless sooner canceled, changed, or extended in lawful way.
For good cause, Commission may allow exceptions.—Carriers must comply fully with the requirements of the law respecting the filing, publication, and taking effect of proposed rates and fares, unless upon application and for good cause shown the Commission, in the exercise of authority conferred upon it, shall allow rates or fares to be changed or withdrawn upon less than thirty-days' notice, or by formal order otherwise modify such requirements. No regulation or rule of the Commission is authority to change rates or issue tariffs on less than statutory notice unless so specifically provided in the rule or regulation.
55. Joint rate or fare greater or less than sum of locals (issued September 15, 1906).-Two or more connecting carriers may establish a joint rate or fare only upon notice of thirty days or under special permission. A joint rate or fare when
[ADMINISTRATIVE RULINGS AND OPINIONS.]
duly established and in force becomes the only lawful rate or fare for through transportation.
A through rate or fare from point of origin to destination of a shipment or passenger is the lawful rate or fare applicable to that movement, whether the rate or fare be confined to the line of one carrier or be a joint rate or fare applying over the lines of two or more carriers. (See Rules 5 and 36.)
56. Reduction of joint rate of fare to equal sum of locals (issued December 21, 1906). Where a joint rate or fare is in effect by a given route between any points which is higher than the sum of the locals between the same points, by the same or another route, and such joint rate or fare has been in effect thirty days or longer, such higher joint rate or fare may, until further notice from the Commission, be changed by reducing the same to the sum of such locals, but not otherwise, upon posting and filing with the Commission one day in advance a supplement to the tariff in which the joint rate or fare so reduced appears, which supplement shall show the reduced rate or fare; shall bear notation that it is effective on less than statutory notice "by authority of Rule 56 of Tariff Circular 15A,'; shall show on title-page, or in connection with such item, by identifying references and I. C. C. numbers, the tariffs that contain the locals which make up the new joint rate or fare; except that, if the joint rate so reduced is contained in a strictly class rate tariff, the reduced rate will be published in a supplement to or reissue of a tariff which contains commodity rates and in which all carriers whose lines make up the route over which the rate applies have concurred, and which is issued by the same carrier or agent that issued the tariff which contained the joint rate so reduced. Such supplement or reissue must bear on its title-page, or in connection with such "Issued under authority of Rule 56, Tariff Circular 15A. The item, the notation: tariff, I. C. C. No., and joint rate (or rates) hereby reduced appears in the factors from which the new rate herein shown as equaling the sum of the locals and tariff, I. C. C. No. tariff, I. C .C. No. ——, are found in
Except when a new commodity rate is established to supersede a higher class rate this rule limits the authority to change rates or fares thereunder to changes that are announced in supplements to the tariffs in which the joint rates or fares so reduced appear, and each such supplement shall show specifically on its title-page the authority under which it is made effective on less than statutory notice and definite and distinct reference to the locals which are used to make up the reduced joint rate or fare.
Through rate or fare higher than sum of locals prima facie unreasonable.Many informal complaints are received in connection with regularly established through rates or fares which are in excess of the sum of the locals between the same points. The Commission has no authority to change or fix a rate or fare except after full hearing upon formal complaint. It is believed to be proper for the Commission to say that if called upon to formally pass upon a case of this nature it would be its policy to consider the through rate or fare which is higher than the sum of the locals between the same points as prima facie unreasonable and that the burden of proof would be upon the carrier to defend such higher through rate or fare.
57. Rates or fares to points on new lines.-On newly constructed lines of road, including branches and extensions of existing roads, individual rates and fares and also joint rates and fares may be established in the first instance by the carrier owning or operating such newly constructed line to and from points on such new line by posting a tariff of such rates or fares and filing the same with the Commission one day in advance. Such tariff must bear notation that it applies to stations on newly constructed line to or from which no rates or fares have theretofore apTariffs or supplements to tariffs issued by plied, and give reference to this rule. other carriers or joint agents establishing rates to or from or via such newly constructed line may be issued only under statutory notice or special permission for shorter time. It will be the Commission's policy to grant permissions in such instances so as to give the carrier and shippers fullest efficiency of such new lines, and in connection with the preparation of such joint publications there is ample time within which to secure such permission.
58. Requests for permission to amend tariffs on less than statutory noticeApplication to Commission-Over whose signature (issued November 16, 1906).—