Current through Register Vol. 48, No. 38, September 20, 2024
a)
General requirements. No provision may be published in tariff publications
which exceeds the carrier's operating authority. An original tariff shall
contain the provisions required by this section. Any matter not specifically
prohibited may be included.
b)
Checksheets - loose-leaf tariffs only. A checksheet may be used to list in
numerical order the numbers of the original loose-leaf pages comprising the
tariff. (This page shall always show an updated listing of each page and
supplement and shall accompany the pages and supplements being filed.) If the
tariff uses the "correction number, check-off" type of checksheet as loose-leaf
page amendments are filed, it must be accompanied by in numerical order, a list
of correction numbers beginning with No. 1. See Subpart I.
c) Participating carriers.
1) Unless a separate participating carrier's
tariff is filed, a list of the participating carriers shall be provided,
showing the names of the carriers, the city and state of the principal office
of the carrier, and the lead docket number of each carrier's operating
authority, if any. This requirement does not apply to carriers' local
tariffs.
2) A carrier may not,
without authorization, file local rates or provisions to apply for another
carrier nor joint rates or provisions to which it is not a party.
d) Statement of operating
authority in rate tariffs. The operating authority under which rates are
published shall be clearly shown in the tariff containing the rates, referred
to in a "scope tariff" (see Section
1225.1500
) or in a rules tariff. (This subsection does not apply to railroad, pipeline
or passenger carriers.)
e)
Governing tariffs.
1) A list of governing
tariffs shall be shown, along with the type of tariff, its issuing agent or
carrier, and its ILLCC designation.
2) Governing publications shall be on file
with the Commission.
3) Governing
publications shall not result in conflicting rates, charges or
provisions.
f) Rules and
other provisions which govern the tariff.
1)
Rules or provisions stating conditions which in any way affect the rates named
in the tariff shall be published either in the rate tariff under the heading
"Governing Provisions" or other tariffs. A provision affecting a particular
item or rate shall be specifically referred to. Provisions affecting more than
one but not all of the rates in the tariff or apply for only some of the
participating carriers shall be included with explanatory statements.
2) Each rule or regulation shall be given a
separate number.
A) Where the subjects are to
be provided for in rail tariffs, the rules covering them shall bear the titles
indicated and be assigned the item numbers indicated in Section 1225.Table
A.
B) Where the subjects are to be
provided for in motor carrier tariffs, the rules covering them shall bear the
titles indicated and be assigned the item numbers indicated in Section
1225.Table B.
C) If a title
includes subjects not treated in the rule, those subjects may be eliminated
from the title.
D) A carrier or
agent may assign a title and number of its choosing for matter not listed in
the Tables, provided the title and number chosen do to conflict with those
listed.
E) If a title does not
properly identify a rule's content, qualifying words, phrases or subtitles may
be added. When qualifying words or phrases are used, the prescribed title shall
be followed by a dash and the added words. Subtitles or references to excepted
classification rules shall follow the title.
F) When a rule is split into two or more
parts, the prescribed item number may be subdivided. The first part of the rule
(which shall contain the general rule, if any) must be assigned the prescribed
item number without a numerical suffix. Each subdivision shall be assigned a
compound number, which shall be constructed by use of the prescribed number
followed by a decimal or a hyphen, then a new series of numbers, for example:
item 70.1, or 70-1, in numerical sequence. Each subdivision must show the
prescribed title.
G) Exceptions to
a rule may be included in the general rule or arranged in items immediately
following the rule to which exception is taken. In the latter case, exception
items are to use the standard item number of the general rule followed by a
suffix - for example, exceptions to item 85 would use items 85.1, 85.2, etc.,
or 85-1, 85-2, etc.
3)
Governing provisions shall be referred to by their titles.
4) Tariffs containing rates for the
transportation of dangerous articles (hazardous materials) may reproduce the
Federal or Illinois Department of Transportation's regulations governing the
acceptance and transportation of those articles, participate in a separate
tariff which contains the regulations, or refer to the Code of Federal
Regulations ("CFR") or Illinois Administrative Code location of the governing
rules.
5) Rules and regulations of
passenger carriers concerning their practices, procedures and regulations for
the sale, honoring, exchange, validation, refund, and time limits for usage of
tickets shall be published in the fare tariffs, or the fare tariff shall refer
to a separate tariff containing these provisions.
6) Rates may be published under a single
class rating system for intrastate traffic as provided for interstate traffic
under ICC Ex Parte MC 98 (Sub - No. 1). The application of this single class
rating system must be identified within the tariff rules and cannot alternate
or be used in conjunction with any other class rating system within the same
tariff, except as provided in Section
1225.405(f)(7).
7) Class rates for class rating over Class
100 may be expressed as percentages of Class 100 rates. The application of such
percentages must be identified in the tariff rules.
g) Exceptions to class ratings.
1) The exceptions to class ratings in a
classification or exceptions tariff applying only for the rates published in
one tariff shall be published in that tariff, be clear, be published in a
separate section, be arranged in the same order, describe the commodity in the
same words used in the classification, or as close as possible, use the generic
heading, if any, used in the classification, and indicate the quantity
application.
2) Different class
ratings on the same article or commodity based on different minimum quantities
may be published if the class ratings are published in one item.
3) An exception class rating may be published
to apply on the movement of a plant to a new location without naming each
article to be transported, provided application is clear.
4) No provision of this Part shall be
construed to allow publication of a rate other than in compliance with 92 Ill.
Adm. Code 1300.
h)
Exceptions to classification or exceptions tariff rules. Exceptions to rules in
a classification or exceptions tariff applying only for the rates published in
one tariff, should be published in that tariff, in the "Governing Provisions"
section (but see Section
1225.1805) and
shall:
1) Be arranged in the same order as
they appear in the classification;
2) Be complete in themselves by republication
of the complete rules, section or other identifiable unit affected, unless the
exception is to make the rule (or part of the rule) not applicable;
3) Identify the classification rule (and
exceptions tariff rule, if any) and the part being changed; and
4) Identify the rule or portion affected if
the exception is to make the rule (or portion of the rule) not
applicable.
i)
Application for individual carriers. Tariffs shall contain statements
indicating the application of the rates and provision for particular
carriers.
j) Statements of rates
and fares. Rate tariffs shall contain a statement of rates applicable for the
transportation of the articles on which rates are named. Fare tariffs shall
contain a statement of fares applicable for the transportation of passengers
which the tariff is intended to cover.
k) Statement of routes. A statement of routes
over which the published rates apply shall be shown, prepared in accordance
with the provisions of Subpart G. This provision does not apply to motor
carriers of property.
l)
Explanation of reference marks, notes, and abbreviations.
1) Reference marks, abbreviations and note
references used in a tariff shall be explained either in the item to which they
apply or in a separate item. Use shall be consistent throughout the tariff
unless the deviation is specifically explained. See also Subpart I and Subpart
J.
2) Carrier codes may be included
as part of the List of participating Carriers if these codes are published
within the tariff, provided a statement to that effect is included under the
explanation of abbreviations.
3) In
addition to U.S. Postal Service state name abbreviations and acronyms of
Federal agencies, the commonly used abbreviations listed in Section 1225.Table
C are acceptable without explanation.
4) The following reference marks (symbols)
are suggested for use. Other marks, such as symbols, are acceptable if denoted.
A) A teardrop, "(R)," or "R" to denote
reductions
B) A diamond, "(A)," or
"A" to denote increases
C) A
triangle, pyramid, "(C)," or C to denote changes which result in neither
increases nor reductions in charges
D) A bold dot, "(N)," or "N" to denote no
change in rate (fare) (see Section
1225.100
).
E) + to denote intrastate
application only
F) [ ] or () or
geometric square, to denote reissued matter (see Subpart S).
5) New or added matter (matter
that does not actually change the application of published rates) on which the
prescribed reference marks in subsection (1) through (4) above would not be
appropriate may be indicated as "New," "Addition," "Add" or bear a defined
reference mark of the carrier's or agent's choice.
