Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Notice, superseding tariff, supplement restrictions.
(1) Rates, charges, rules and regulations,
and classifications which have been filed with the commissioner must be allowed
to become effective and remain in effect for a period of at least 30 days
before being changed, canceled or withdrawn, and any change therein must be
received for filing at least 30 days before its proposed effective date, unless
otherwise authorized by the commissioner.
(2) Changes in tariffs may be made by filing
a complete new superseding tariff, or by filing a supplement or a revised page
to the tariff to be changed, subject to the restrictions imposed in this
section.
(3) Except as otherwise
provided in these rules, a supplement may not be issued to single-sheet tariffs
or loose-leaf tariffs. Not more than one supplement may be in effect at any one
time to a tariff containing 3 and not more 16 pages; not more than two
supplements may be in effect at any one time to a tariff containing 17 and not
more than 80 pages; not more than three supplements may be in effect at any one
time to a tariff containing 81 and not more than 200 pages; and not more than
four supplements may be in effect at any one time to a tariff containing more
than 200 pages.
(4) Each
publication proposing any change in rates, fares, charges, rules and
regulations, shall be accompanied by a statement in writing which shall
include:
(i) a description of the proposed
changes;
(ii) the reasons for the
proposed changes;
(iii) the data
(financial, cost, statistical and otherwise) in support of the reasonableness
and lawfulness of the proposed changes;
(iv) the anticipated effect of the proposed
changes on the user of the service;
(v) the anticipated effect of the proposed
changes on the carrier's annual revenues subject to this commissioner's
jurisdiction;
(vi) a certification
of notice that all subscribers and tariff recipients have been provided with a
copy of the publication containing the matter to be changed, including a
listing of the names and addresses of such subscribers and recipients;
and
(vii) any other pertinent
material in support of the proposed changes.
(5) Two copies of the written statement
required in paragraph (4) of this subdivision shall be received no later than
30 days prior to the effective date of the proposed changes. Failure to do so
may result in a rejection of the filing or a request for a postponement of the
effective date for a period of 30 days from the receipt of such written
statement.
(b) Symbols,
reissued matter.
(1) All tariffs, supplements
and revised pages shall indicate changes from preceding issues by use of the
following symbols, which shall not be used for any purpose other than those
stated:
R or R to denote reductions
A or A to denote increases
<<triangle>> or C to denote changes, the
result of which is neither an increase nor a reduction.
(2) The proper symbol must be used directly
in connection with each change.
(3)
Matter brought forward without change from one supplement to another supplement
must be designated as "Reissued", and must show the effective date and the
number of the supplement from which it is reissued.
Example: Assuming Supplement No. 3 cancels Supplements
Nos. 1 and 2:
Reissued from Supplement No. 1, effective ________19
________
[Here show unchanged matter brought forward from
Supplement No. 1]
Reissued from Supplement No. 2, effective ________19
________
[Here show unchanged matter brought forward from
Supplement No. 2]
(4) If it
is more convenient, an appropriate reference mark may be shown against the
reissued rate or item. Such reference mark may be explained elsewhere in the
supplement.
(c)
Cancellation of tariff. A tariff may be canceled by a superseding tariff, or by
a supplement to the tariff to be canceled, provided that such supplement shows
where the rates canceled will thereafter be found or what rates will thereafter
apply, or, if there are to be no rates in effect, the reason for such
cancellation.
(d) Rejections. When
a tariff, supplement or revised page is rejected, the number which it bears may
not be used again as the designation of any new filing. Any publication that is
issued in lieu of the rejected publication must bear a notation that it is so
issued.
Example:
DOT-NY-M.T. No. 8
Cancels
DOT-NY-M.T. No. 3
(in lieu of DOT-NY-M.T. No. 7, rejected by
Commissioner)
(e)
(1) An agent authorized to file freight
classification issues may publish and file supplements to or reissues of such
classification in the form approved by the Interstate Commerce Commission and
effective as to New York intrastate traffic on the same date and upon the same
notice to the public and this commissioner as authorized or required by the
Interstate Commerce Commission for interstate traffic, provided that, whenever
such agent shall apply to the Interstate Commerce Commission for an order
granting permission to file on less that 30 days' notice a supplement to or
reissue of such classification, he shall at the time such application is made
furnish this commissioner with a complete copy thereof; and in case this
commissioner takes exception thereto and so advises the agent, he shall not, as
to New York intrastate traffic, establish the proposed change on less than full
statutory notice.
(2) Changes
effected by publications issued under this section must not be regarded as
having been anywise approved by this commissioner, and the provisions of this
section shall not affect any subsequent proceeding relative to any such
change.
(3) All publications issued
under this subdivision shall bear a notation thereon showing short-notice
authority as section 826.6(e), Department of Transportation, State of New York,
Circular No. 106.
