Arrangements for establishing through express-motor transportation. 147.28 Reduction of rate to equal sum 147.100 Express-motor tariffs with cer of intermediate rates. 147.29 Rates to or from new offices. 147.33 Maximum rates not specific 147.34 Movement of shipments refused by consignees or damaged in transit. 147.35 Responsibilities of carriers under tariffs. 147.36 Withdrawal of filed tariffs not permitted. tain exceptions, must conform to provisions of Tariff Circular No. 19-A. 147.101 Number of copies; transmittal. 147.102 Publication and filing of local and joint express-motor rates. 147.103 Tariffs containing express 147.37 Ocean carriers; export and im 147.109 Powers of attorney and con port tariffs. 147.38 Tariffs to or from points in 147.39 Publishing and filing tariffs currences applicable to express-motor rates. 147.110 Tariffs containing expressmotor rates for transportation of explosives. 147.111 Posting of tariffs containing express-motor rates. 147.112 Publication and filing of a directory by express companies. CROSS REFERENCES Interstate scheduled airline rules and airline certification: See Civil Aviation, 14 CFR Parts 40, 61. Schedules establishing additional terminal facilities by intercoastal carriers: See Shipping, 46 CFR Part 234. United States Maritime Commission regulations relating to schedules of carriers, subject to the Intercoastal Shipping Act, 1933: See Shipping, 46 CFR Part 233. United States Maritime Commission regulations relating to tariffs of common carriers by water in interstate commerce: See Shipping, 46 CFR Part 231. Section 147.0 General provisions; definitions-(a) Conformation to rules; reissue. When provision for rejection of publications that do not conform to the regulations in this part have been omitted, it is to avoid conflict with the penalties provided in section 6 of the Act for failure to comply with rules and orders of the Commission, issued under that section. Tariffs that were lawfully on file with the Commission on August 1, 1908, and that have not since that time been superseded or canceled, will be considered as continued in force until they can be properly reissued. All tariffs filed on or after May 1, 1911, must, except as otherwise specified herein, conform to all of the rules in this part. The Commission may direct the reissue of any tariff at any time. (b) Definitions. (1) 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. Page 1788 (2) "Joint tariffs" are those which contain or are made up from such "joint rates." (3) Wherever used herein the term "joint express-motor rates" shall be understood to mean rates, rules or charges applicable to joint transportation between express companies subject to Part I of the Interstate Commerce Act, on the one hand, and common carriers of property by motor vehicle, on the other. (4) Wherever used herein the term "local express-motor rates" shall be understood to mean rates, rules or charges applicable wholly over the lines of one or more of the following companies, viz.: Railway Express Agency, Incorporated, Southeastern Express Company, Canadian National Railways (Express Department), Canadian Pacific Express Company, for transportation wholly by motor vehicle owned or leased by such express companies or partly by rail or water and partly by such motor vehicle. (5) Wherever used herein the term "express rates" shall be understood to mean rates, rules or charges applicable to all-rail or railwater transportation by express companies subject to Part I of the Interstate Commerce Act. (6) Wherever used herein the term "all-motor rates" shall be understood to mean rates, rules or charges applicable to all-motor transportation by common carriers or property by motor vehicle other than express companies named in subparagraph (4). Similarly the terms "all-motor tariff" or "all-motor transportation" shall be understood to mean tariffs or transportation (as the case may be) of such motor carriers.* [P. 3, Tariff circ. 19-A, Mar. 31, 1911, p. 2, supp. 3 to tariff circ. 19-A, Feb. 15, 1936] *88 147.0 to 147.112, inclusive, issued under the authority contained in secs. 5 (21), 6, 24 Stat. 380, sec. 1, 25 Stat. 855, sec. 2, 34 Stat. 586, sec. 9, 36 Stat. 548, sec. 11, 37 Stat. 566, secs. 408-411, 41 Stat. 482-483, sec. 203, 48 Stat. 220, sec. 221, 48 Stat. 1080, sec. 217, 49 Stat. 560; 49 U.S.C. 5 (21), 6 (1)–(13), 49 U.S.C., Sup., 317. CROSS REFERENCES: For filing of tariffs, see § 147.13. For general provisions in connection with filing, see § 147.14. For publishing and filing tariffs under amended fourth section of the Act, see § 147.39. For publication and filing of local and joint express-motor rates, see § 147.102. 147.1 Form, size, and arrangement. 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 printingpress process may be used. Alterations in writing or erasures must not be made in tariffs before filing. Reproductions by hectograph or similar process, typewritten sheets, or proof sheets must not be used for posting or filing. All tariffs must be in book, sheet, or pamphlet form, and of size 912 by 112 inches. Loose-leaf plan may be used so that changes can be made by reprinting and inserting a single leaf.*† †In 88 147.1 to 147.112, inclusive, the numbers to the right of the decimal point correspond with the respective rule numbers in Regulations to govern the construction and filing of tariffs and classifications of express companies; administrative rulings, and tariffs containing traffic handled wholly by motor vehicle or partly by rail or water and partly by motor vehicle, Tariff Circular No. 19-A, Interstate Commerce Commission, March 11, 1911, effective March 31, 1911, as amended Feb. 13, 1912, effective March 1, 1912, and Feb. 3, 1936, effective Feb. 15, 1936. *For statutory citation, see note to § 147.0. Page 1789 147.2 Indication of changes. (a) All tariff publications or supplements thereto must indicate increases thereby made in existing rates or charges, rules or regulations, or classifications by the use of blackfaced type or by the use of a uniform symbol throughout the schedule. All tariff publications or supplements thereto which are filed with the Commission on or after May 1, 1911, must also indicate reductions thereby made in existing rates of charges, rules or regulations, or classifications by the use of italic type or by the use of a uniform symbol throughout the schedule. Clear explanation of the use of distinctive type or symbols must be made in the tariff. (b) When a new tariff canceling a previous tariff omits offices of origin or destination or rates which were contained in such previous tariff, the new tariff shall show, in the manner prescribed in § 147.8 (e), where the rate or rates will thereafter be found, and if such omissions effect increases or decreases in charges that fact shall be shown by the use of proper symbols.*+ 147.3 Content of tariff title-page. The title-page of every tariff shall show: (a) Name of issuing express company, express companies, or agent. (b) ICC number of tariff in bold type on upper right-hand corner, and immediately thereunder, in smaller type, the ICC 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, and 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) Whether tariff is local, joint, proportional, or a combination of same, and whether merchandise, commodity, or a combination of both. (d) The territory or points from and to which the tariff applies, briefly stated. ICC No. (e) Reference by name and ICC number to the classification and exception sheets governing the tariff. Following form will be used: "Governed, except as otherwise provided herein, by the----classification, supplements thereto and reissues thereof; and by exceptions to said classification, No. ----, supplements thereto and reissues thereof." A tariff is governed by a classification or exceptions thereto when and only to the extent stated on the tariff. ICC (f) Date of issue and date effective. Any tariff may be changed upon statutory notice of 30 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 Page 1790 *For statutory citation, see note to § 147.0. the term "Expires changed, or extended," must be used. unless sooner canceled, Name, title, and address of officer by whom tariff is issued. On upper left-hand corner of tariffs containing not more than 200 pages, the words: "Only two supplements to this tariff will be in effect at any time." On tariffs containing over 200 pages: "Only three supplements to this tariff will be in effect at any time." (i) On every tariff or supplement that is issued on less than 30 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 19-A, or by authority of decision of the Commission in case No. .*t [As amended Mar. 1, ----.*† 1912] 147.4 Content of tariffs in book or pamphlet form. Tariffs in book or pamphlet form shall contain in the order named: (a) Table of contents. A full and complete statement in alphabetical order, of the exact location where information under general headings, by subjects, will be found, specifying page or item numbers. If a tariff contains so small a volume of matter that its title-page or its interior arrangement plainly discloses its contents, the table of contents may be omitted. (b) Participating carriers. 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, 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) Commodity rates. 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. An alphabetical index of offices from which rates apply, and an alphabetical index of offices to which rates apply, together with names of States in which located. When practicable, the index of offices and pages upon which rates will be found, or item numbers in which rates from or to such offices appear, should be shown. If there be not more than 12 points of origin or 12 points of destination, the name of each may, if practicable, be specified on title-page of tariff. If a tariff is arranged by groups of origin or destination, by bases, or by bases numbers, the indices must show for each office the proper group, basis, or basis number. If offices of origin or of destination are shown throughout the rate tables in continuous alphabetical order, or are shown alphabetically by States and such States are alphabetically arranged, or are shown by groups alphabetically arranged, no index of offices of origin or destination will be required. But when such alphabetical arrangement in rate tables is used the table of contents shall indicate the pages upon *For statutory citation, see note to § 147.0. Page 1791 which points are so shown, and when arranged by States or groups shall give specific reference to the pages on which rates to or from offices in each State or group will be found. Geographical description of application of tariff may be used only when the tariff applies to or from all offices in one or more States or Territories or when it applies to or from all offices in a State or Territory except those specified. But such list of exceptions for a single State or Territory may not exceed one-third of the number of offices in that State or Territory to or from which (as the case may be) the tariff will apply. For example, a tariff may state that it applies from all offices of an express company in New York, Pennsylvania, and New Jersey, and from all offices in Delaware, except [here give alphabetical list of excepted offices], and from the following offices in Ohio [here give alphabetical list of Ohio offices]. 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 ICC 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, except that a special rule or provision applying to a particular rate will be shown in connection with and on same page with such rate. (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 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 distance rate) on page of this tariff makes a less charge on any shipment than rates named herein, such lower charge will apply." An express company or an agent may publish, under ICC number, post, and file a tariff publication containing the rules and regulations Page 1792 |