Administrative Rules of Montana
Department 38 - PUBLIC SERVICE REGULATION
Chapter 38.3 - MOTOR CARRIERS
Subchapter 38.3.29 - Tariffs - Loose-Leaf
Rule 38.3.2901 - LOOSE-LEAF TARIFF FORMAT
Current through Register Vol. 6, March 22, 2024
(1) Pages of loose-leaf tariffs shall be printed on thin paper of strong texture, on one side only; must be consecutively numbered and designated as "Original page 1," "Original page 2," etc. Each page must show at the top of the page the name of the issuing carrier or agent, the page number, and the PSC number of the tariff. At the bottom of the page shall be shown the date of issue, the effective date, and the name, title, and street address of the issuing officer or agent.
(2) Changes in and additions to loose-leaf tariffs shall be made by reprinting the page upon which change or addition is made, and such changed page shall be designated as a revised page. For example: "First revised page 1 cancels original page 1," or "Second page 2 cancels first revised page 2," etc. When a revised title page is issued the following notation shall be shown in connection with its effective date: Original tariff effective ______ (here show effective date of the original tariff) except as hereinafter provided in (6) hereof.
(3) If on account of expansion of matter on any page it becomes necessary to add an additional page in order to take care of the additional matter, such additional page shall be given the same number with a letter suffix. For example: "Original page 4-A," "Original page 4-B," etc. If it is necessary to change matter on original page 4-A it may be done by issuing first revised page 4-A, which shall provide for the cancellation of original page 4-A.
(4) When a revised page is issued which omits rates, rules, or regulations theretofore published on the page which it cancels, and such rates, rules, or regulations are published on another page, the revised page must make specific reference to the page on which the rates, rules, or regulations will be found, and the page to which reference is so made must contain the following notation in connection with such rates, rules, regulations, etc.:
(5) If after a tariff has been filed with the Commission it is desired to file additional pages, such pages may be subsequently filed to the tariff and numbered beginning with the next successive page number to the last page of the tariff, and must be designated as "Original page. ______." For example, when the tariff filed has 150 pages, page 151 when filed must not be designated as an "Additional" page but should be designated as "Original page 151."' Such a page can be filed only for the purpose of adding new matter which does not change the rates, rules or regulations then in force on other pages of the tariff.
(6) Supplements shall not be issued to loose-leaf tariffs, except for the purposes authorized by the following:
(7) A conversion table type supplement may be filed to any bound or loose-leaf tariff having not less than 20 pages (excluding supplements) to provide a general change in the level of all or substantially all the rates or charges, or all or substantially all the rates or charges in a described category (less-than-truckload, truckload, etc.) named in the tariff. The supplement shall be in clear, explicit, and simple terms, and be free of conflict and ambiguity. A conversion type supplement may be filed by a carrier or agent to a tariff of less than 20 pages (excluding supplements) provided it is filed at the same time as such supplements are filed by it to other of its tariffs which have 20 or more pages and provided the change is part of the same general rate adjustment.
Except as provided in [here identify location of listing of items, notes, or provisions not subject to rate change in whole or in part, specifying what part] and in [specify whether supplements or loose-leaf pages] issued subsequent to this supplement, all rates and charges published in this tariff, as amended, or as may be amended in [specify whether supplements or loose-leaf pages] issued subsequent to this supplement, are hereby or will on their effective dates be [specify whether increased or reduced] as follows for the period this supplement is in effect.
Immediately following this statement, a clear and explicit application of each column of changes must be published. If the supplement does not contain exceptions to or any nonapplication or the rate changes, the reference in the statement to a listing of exceptions must be omitted. However, under no circumstances may the exception therein with respect to subsequent supplements or loose-leaf pages be omitted. If not all of the rates or charges in a tariff are being changed by the supplement, the statement must clearly and definitely state the exact category of rates or changes (any-quantity, less-than-truck-load, truckload, volume, or less-volume rates, minimum charges, etc.) being changed and/or the exact items, sections, etc., of the tariff in which they are contained. Reference to categories of rates may employ only terms used in the tariff or determinable through its published definitions.
Where the rate or charge is stated in dollars or dollars and cents per 100 pounds, per ton, per article, per piece, per package, per shipment, or per any other unit, first find the rate or charge which is equivalent in cents under column [here show column containing base rates] of the conversion table herein and then apply the changed rate or charge shown opposite thereto in columns [here show numbers of columns containing changed rates or charges] in item [here show number of item containing application of columns] herein.
Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA;