AUTHORITY: Implementing Section 18c-3203 and authorized by Section 18c-1202(9) of the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1987, ch. 95½, pars. 18c-3203 and 18c-1202(9)).

SOURCE: Adopted at 11 Ill. Reg. 17593, effective October 15, 1987; amended at 13 Ill. Reg. 11471, effective July 1, 1989.

SUBPART A: GENERAL PROVISIONS

 

Section 1225.5  Definitions

 

For the purpose of this Part:

 

"Agent" means a person, association or corporation authorized to publish and file rates and provisions for a carrier's account in tariffs published in the agent's name.

 

"Agent tariff" means a tariff filed in the name of an agent.

 

"Basing rate" means a rate used for constructing a through rate for transportation from one point to another over a route for which no through, one-factor rate (other than basing rate) is published.

 

"Bound tariff" means a tariff consisting of two or more sheets bound at the left edge in pamphlet or book form or a single-sheet tariff.

 

"Carrier" means any common or contract motor carrier of property, motor carrier of passengers, rail carrier, or common carrier by pipeline as those terms are defined in the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1985, ch. 95½, pars. 18c-1101 et seq.).

 

"Carrier's tariff" means a tariff filed in the name of a carrier.

 

"Check sheet" means a transmittal page accompanying tariff sheets stating which tariff sheets are being issued.

 

"Classification" means a publication containing a list of commodities, the classes to which they are assigned for the purpose of applying class rates, and rules and regulations.

 

"Class rate" means a rate which applies to commodities according to the class assigned in a classification, a tariff of exceptions to a classification, or in a class rate tariff.

 

"Class tariffs" are those which contain class rates.

 

"Code for identification of places" means any numeric or alphabetic system used to represent, or identify, places, points, facilities, or locations.

 

"Commission" means the Illinois Commerce Commission.

 

"Commodity rate" means a rate published to apply to commodities specifically named or described in the tariff in which the rate is published or in a separate commodity list.

 

"Commodity tariffs" are those which contain commodity rates.

 

"Commutation rate" means a charge for a specified number of trips (more than a single round trip) or for an unlimited number of trips within a certain period of time which, on a per trip basis, is less than the normal rate.

 

"ICC" means Interstate Commerce Commission.

 

"ILLCC" means Illinois Commerce Commission.

 

"Item" means a tariff provision of any kind bearing an "item number" designation.

 

"Item number" means number assigned to item.

 

"Joint rate" means a rate that applies over the lines or routes or in the service of two or more carriers by agreement between the carriers, effected by a concurrence or power of attorney.

 

"Joint tariffs" means those tariffs which contain joint rates.

 

"Law" means the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1985, ch. 95½, pars. 18c-1101 et seq.).

 

"Local rate" means the rate that applies over the lines or routes or in the service of one carrier only.

 

"Local tariffs" means those tariffs which contain local rates.

 

"Loose-leaf page amendment" means a single sheet published as an amendment (not a supplement) to a loose-leaf tariff.

 

"Loose-leaf tariff" means a tariff consisting of loose-leaf pages.

 

"Notice" means the number of days a publication shall be on file with the Commission and available to the public prior to its effective date.  The date the publication is received by the Commission is the 1^st day of notice.

 

"Original tariff" means the tariff as originally filed, excluding amendments.

 

"Post" refers to the public availability of filed tariffs.

 

"Proportional rate" means a rate published to apply only to traffic having a prior movement, a subsequent movement, or both.

 

"Proportional tariffs" are tariffs containing proportional rates.

 

"Publication" or "Publish" refers to the public availability of filed tariffs.

 

"Rate" means a rate, fare or charge.

 

"Round-trip excursion" means the transportation of passengers by motor vehicle on an excursion between points on the regularly operated route of a common carrier, but does not include special or charter operations.

 

"Schedule" means a tariff filed by a motor contract carrier of property. This term is interchangeable with "tariffs" when applicable to motor common carriers of property.

 

"Segment" means a separate tariff provision of any kind set apart by use of a number or letter designation (other than an item designation), or by employment of line or space separations.

 

"Subscriber" means any party, other than carrier participants in a tariff, that is voluntarily furnished with, or requests that it be furnished with, one or more copies of a particular tariff with or without subsequent amendments or reissues to that tariff.

 

"Suburban service" means the transportation of passengers between places or communities, the limits of which are not more than 75 air miles apart.

 

"Supplement" means two or more sheets bound at the left edge in pamphlet or book form, identified as a supplement and published to amend or cancel a tariff.

 

"Tariff" means a publication containing rates, classification ratings, rules, regulations, or other provisions filed in a carrier's or an agent's name.

 

"Tariff publication" means an original tariff, a supplement, or a loose-leaf page amendment.

 

"Through rate" means the total rate from point of origin to destination. It may be a local rate, a joint rate, or a combination of separately established rates.

 

Section 1225.10  Introduction and General Provisions

 

a)         Purpose.  Tariffs are for the information and the use of the public. They shall be published in a manner that ensures that they are readable and that their terms and conditions are easy to understand and apply.  The Commission reserves the right to reject or strike any tariff, in whole or in part, which is not in compliance with law, or to require that it be modified, corrected or reissued.

 

b)         Application.

 

1)         This Part governs the construction, publication, filing, and posting or publication of any tariff filed under the Law, except to the extent that the tariff is governed by 92 Ill. Adm. Code 1570, 1575, 1580, 1585, 1590, 1595 or 1600.

 

2)         Some of the Sections in this Part do not apply to tariffs of all types of carriers.  These Sections state either that they do not apply to tariffs of specific types of carriers or that they apply only to tariffs of specific types of carriers.

 

3)         This Part is to be liberally construed.  The absence of specific approval of particular practices or provisions does not imply disapproval of them.

 

c)         Interstate provisions.  Tariffs may include provisions having interstate application if the title page of the tariff indicates this applicability and the interstate provisions are distinguished from intrastate provisions.  Unless otherwise indicated in the item, provisions shall then apply to both interstate and intrastate commerce.  Tariffs shall be identified as joint filings with the Interstate Commerce Commission or regulatory bodies of other states.

 

d)         Information-only provisions.  Provisions for information purposes only may be included in a tariff.  Such material may include tariffs covering transportation not subject to economic regulation by the Commission, and advertising and promotional material.

 

e)         Carrier liability.  The tender of a tariff and its receipt by the Commission does not relieve the carriers of liability for violations of the Law, Commission regulations or orders.

 

Section 1225.15  Applications for Special Permission

 

a)         Applications for special permission to depart from one or more provisions of this Part may be filed if in accordance with the provisions of this Section.

 

b)         Special tariff authority will not be issued to modify a final order of the Commission.  Any request to modify a final order shall be filed in accordance with the Commission's Rules of Practice, 83 Ill. Adm. Code 200.

 

c)         Applications may only be filed by the carrier(s) or agent(s) who has authority to file the proposed tariff publication for which relief is requested.

 

d)         Payment of the fee in the amount required under the Law shall accompany the application.

 

e)         Copies and numbering.  The original and two copies of the application shall be filed.

 

f)         Contents of application.

 

1)         All involved tariff publications shall be identified, including supplement and loose-leaf page number, with specific reference to provisions by item, section, or page numbers.

 

2)         If the proposal involves the publishing of rates, all points involved shall be identified.

 

3)         If the proposal involves publication of tariff rules on less than statutory notice, the wording of the proposed rules shall be furnished.

 

4)         The application shall show how the proposed change is to be published, i.e., by republication of tariff matter, or by publication of a statement.

 

5)         The reasons and justification for the proposal shall be stated.

 

6)         If relief is requested from notice requirements, the reasons why customary notice cannot or should not be given shall be stated.

 

7)         Applications requesting authority to change, cancel or postpone matter which is the subject of a complaint or petition for investigation or suspension shall certify that the complainants have been notified by telegram or telephone.  The application shall also state whether or not the complainants have registered objections to the proposal.

 

8)         The provision(s) of this Part from which relief is requested must be identified.

 

g)         Authority to reject publication.  The granting and use of special tariff authority does not limit the Commission's jurisdiction over the content of the tariff, or any of the Commission's powers with respect to the tariff.

 

h)         Grant or denial of special permission applications.

 

1)         Special permission applications shall state whether, if the application is not granted without hearing, the applicant requests a hearing on the application.  If the application does not expressly request such a hearing, the applicant will be deemed to have waived such hearing.

 

2)         Where a special permission application requests such hearing, the application shall either be granted without hearing or set for hearing.

 

3)         Where a special permission application does not request hearing, the application shall either be grant without hearing or denied without hearing.

 

Section 1225.20  Marking of Tariff Packages

 

a)         Packages containing tariff publications shall be marked "Tariffs".

 

b)         Packages containing applications for special tariff authority to depart from this Part shall be marked "Special Tariff Authority Application."

 

Section 1225.25  Number of Copies for Filing

 

a)         Motor carrier of property tariffs.  Carriers and agents shall send 3 copies of each motor carrier of property tariff publication for official filing.

 

b)         Other carriers.  Carriers and agents shall send 1 copy of tariff publications of other type of carriers for official filing.

 

c)         When a tariff publication is published in more than one agent's name, it is not necessary that 3 copies be filed in the name of each agent.

 

d)         An agent's or carrier's tariff publication containing joint rates or provisions constitutes a sufficient filing for each of the participating carriers.

 

Section 1225.30  Letters of Transmittal

 

a)         A letter of transmittal shall be sent in the same package with the tariff publication(s).

 

b)         A letter of transmittal shall be signed by the person issuing the tariff or an authorized representative.  Authorizations shall not be filed with the Commission unless specifically requested or the existence of such authorization is questioned in a challenge to the tariff.  Absent request or challenge, the Commission will assume agents have the necessary authority from their principals.  The Commission will request the filing of an authorization if the Commission was notified by an outside party or had prior knowledge that the person executing the transmittal did not have authorization to file the tariff.  Prior knowledge of the Commission may result from an investigation or hearing conducted by the Commission.

 

c)         If one transmittal letter is used to cover more than one package of tariff publications, the letter shall state the number of packages.  The original letter shall be sent in one package and a copy of the letter sent with each of the other packages.

 

d)         If a receipt is desired, mark the letter "Receipt Requested" and send an extra copy of the letter with a postage paid, self-addressed return envelope.  Do not enclose loose stamps.

 

e)         The letter of transmittal accompanying each tariff publication which contains a rate which the carrier wishes to have considered pursuant to the zone of rate freedom provisions of Section 18c-3207 of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-3207) shall so state.  When only some rates are within the zone, they shall be designated individually.  Zone of rate freedom provisions do not apply to motor carriers of property.

 

f)         If a fare, rate, charge, or provision filed under zone of rate freedom provisions in Section 18c-3207 of the Law is complained of, the carrier shall, in its reply to the complaint, identify the number of the item (or page) and tariff in which the rates may be found, which show a net change during the previous 12 months.

 

Section 1225.35  Tariff Publications Not Consecutively Numbered or Lettered

 

A tariff publication submitted for filing, which is not in sequence, shall be accompanied by an explanation.

 

Section 1225.40  Concurrences and Powers of Attorney

 

Except for motor carriers of property, concurrences and powers of attorney shall not be filed with the Commission.  However, a carrier may not participate in a tariff issued in the name of another carrier or an agent unless a power of attorney or concurrence has been executed.  Absent effective concurrences or powers of attorney, tariffs are void.  Should a challenge to a tariff be made on this basis, carriers will be required to submit the necessary proof.  (See Subpart B).

 

Section 1225.45  Period of Notice Required

 

a)         For railroad tariffs.

 

1)         Twenty days for rates or provisions published in connection with new service or changes resulting in increased rates or decreased value of service;

 

2)         Ten days for changes resulting in decreased rates or charges or changes resulting in neither increases nor reductions;

 

3)         Forty-five days for publications naming surcharges or canceling joint rates under 49 U.S.C. 10705a,

 

b)         Fifteen calendar days for motor carriers of property.

 

c)         Thirty days for all other carriers.

 

d)         Numerous exceptions authorizing shorter notice are contained in these rules, and special permission for shorter notice may also be requested in accordance with Section 1225.15.

 

(Source:  Amended at 13 Ill. Reg. 11471, effective July 1, 1989)

 

Section 1225.50  Return or Rejection of Tariffs

 

a)         The Commission will return a tariff publication under the following circumstances:

 

1)         The package containing the tariff publication arrives with postage or other delivery charges due;

 

2)         The tariff publication which the Commission receives is missing material necessary to fulfill the requirements of this Part; or

 

3)         A carrier or agent request returns before the effective date and subscribers are promptly notified.

 

b)         A tariff publication submitted for filing shall be rejected by the Commission if the publication:

 

1)         Fails to give lawful notice of changes in rates or provisions which it proposes to establish;

 

2)         Fails to meet the requirements of this Part; or

 

3)         Violates any order of the Commission or of a court.

 

c)         When a tariff publication is rejected, the party who tendered it will be furnished a written explanation of reasons.  A copy of the rejected tariff publication will be returned, but the Commission shall retain copies of the rejected tariff for its own use.  Appeals of the rejection may be filed by filing a petition pursuant to the Commission's Rules of Practice, 83 Ill. Adm. Code 200.

 

d)         If a publication is rejected, the carrier or agent shall publish notice of the rejection within 5 working days.

 

Section 1225.55  Posting Requirements

 

a)         General posting requirements.

 

1)         Each carrier shall maintain, at its principal office, a complete set of its tariffs (proposed and effective) and those to which it is a party.

 

2)         Each carrier shall also maintain some or all tariffs at other locations determined by the carrier.  Carriers shall provide information regarding all locations where tariffs may be viewed.

 

3)         At all points where tariffs are posted, they shall be made available for inspection by any person during carrier's normal business hours.  The tariffs shall be accessible.  The carrier shall also post, in a public place in these locations, a notice, in not less than 24 point type, which contains a statement that the tariffs are available for public inspection.

 

4)         At all other carrier business offices, the carrier shall display a notice advising the public of the location of the nearest available tariff file.  The notice shall be not in less than 24 point type and posted in a public place.  In addition, the carrier shall, upon request, make particular tariffs available at that location as soon as possible but not later than within 20 days of the request, or provide the information orally if satisfactory to the requester.

 

5)         Any publication referred to in a tariff must be posted with the tariff.

 

b)         Exceptions to the posting requirements.

 

1)         A motor common carrier of passengers which participates in an agent's routing tariff only has to post the title page of the routing tariff, the sections naming joint routes with connecting carriers, and any other rules or provisions necessary for an understanding of the carrier's routing, that is any rule that would alter the application of the routing.

 

2)         If any tariff maintained pursuant to subsections (a)(1) and (2) has not been used for a period of one year, the posting of that tariff, including its reissues, may be discontinued at that station until such time as a request is made by any member of the public to the carrier's agent to have it reposted.  It shall then be reposted within 20 days.

 

c)         Notice of proposed increases in passenger rates.

 

1)         Motor common carriers of passengers proposing to increase rates shall comply with the provisions of this Section.

 

2)         A notice shall be displayed at a public place at each station where tariffs containing the fares to be increased are required to be posted and, in 2 public places, one in the forward and one in the rear section of each vehicle engaged in the service for which the increase is proposed.  The notice shall be printed in at least 48 point type.  Each notice shall be either one sign at least 240 square inches in size or two signs at least 120 square inches in each size.

 

3)         The notice shall:

 

A)        Describe the increases proposed, the transportation service for which they are proposed and the points affected;

 

B)        State that interested persons may file objections with the Commission; and

 

C)        State that information regarding the Commission's rules of practice may be obtained by writing the Commission.

 

4)         The notice shall be displayed at the same time a tariff publication containing the proposed increased fares is filed with the Commission and shall remain displayed until:

 

A)        The carrier withdraws its request;

 

B)        The Commission suspends the increase; or

 

C)        The increase becomes effective.

 

5)         The notice shall read substantially indicated in Section 1225.Exhibit A.

 

Section 1225.65  Form and Printing of Tariffs and Other Documents

 

a)         Form, durability and method of printing.  Except as authorized in Section 1225.2110(c), tariff publications and other documents shall be submitted to the Commission on 8 inch by 11 inch or 8½ inch by 11 inch white paper (at least 20 lb. weight), shall be typewritten or produced on word processing equipment using regular, Roman or Gothic type face, and shall be in the English language.

 

b)         General rules.

 

1)         Except for the title page, and except as otherwise authorized, all pages shall be consecutively numbered using Arabic numerals.  Authorization for deviation will be given in situations such as cases of tariff compilation error or if there is need to expand on a particular aspect contained within tariff page.

 

2)         Pages and spaces intentionally left blank shall so state.

 

3)         Margins of not less than ⅝ of an inch shall be provided at a bound edge.

 

c)         Bound tariffs.  Bound tariff publications of two or more sheets shall be permanently bound.  Stapling is acceptable.

 

d)         Loose-leaf tariffs.

 

1)         Original and revised pages shall be so designated.  Numbering in sectional tariffs may use letter or number prefixes and suffixes after "original" or "revised", provided the system is explained.  See Subpart I for rules governing identification of amendments.

 

2)         Each page shall show the name of the issuing carrier or agent and the complete mailing address.

 

3)         Each page shall show the issued date and the general effective date. With the original issue of the loose-leaf tariff, issued and effective dates need be shown only on the original title page, not on each original page.  The name of the month shall be spelled out, followed by the day and year by number.  If the page contains matter (including reissued matter) effective upon a date other than the general effective date, the notation "(Except as otherwise provided)" shall be shown directly with the general effective date.

 

e)         Items and numbering systems.

 

1)         Numbering systems shall be in a sequential manner and not duplicative.

 

2)         Original tariffs shall allow for unused item numbers to allow for expansion.

 

3)         If two or more items contain related subject matter, or one or more items are subordinate to another, compound numbers (an original number followed by a hyphen or decimal, then a new series of numbers, e.g., Item 400, Item 400.1, Item 400.2) are permitted.  Compound numbers may be used in amendments if new matter has to be added, provided the initial number (item 400 in the example) has not already been used in a compound number series.

 

4)         Sections of a tariff or notes outside or inside of items shall be numberically or alphabetically designated.  Item numbers for class rate tables, if assigned, shall be in numerical sequence.

 

Section 1225.70  ILLCC Tariff Designations

 

a)         ILLCC designation.  The ILLCC designation consists of:

 

1)         The characters "MF-ILL.C.C." or "MF-ILLCC" (for motor carriers of property) or "ILLCC" or "ILCC" (for all other carriers); and

 

2)         The ILLCC tariff designation number series of each carrier filing tariffs with the Commission, beginning with the Number 1 and subsequent filings being numbered consecutively.

 

b)         The ILLCC designation shall be shown on the title page of all new or reissued tariff publications.  References to cancellation of previously issued tariffs, if any, shall be made immediately below the ILLCC designation.  Numerous cancellations may, for convenience, be shown on the first page after the Title Page of a bound tariff or on the first page after the check sheet or correction number sheet of a loose-leaf tariff.

 

c)         Tariff numbers.

 

1)         A tariff number assigned to a tariff shall consist of not more than four numerals.

 

2)         For property tariffs of rail carriers, the first digit or letter shall conform to the grouping in this subsection (2) with the first digit or letter of the tariff being followed by the type of tariff:

 

A)        "1" for class rate tariffs.

 

B)        "2" for class exceptions tariffs.

 

C)        "3" for general commodity rate tariffs (i.e., numerous unrelated commodities).

 

D)        "4" for specific commodity rate tariffs (e.g., iron or steel articles).

 

E)        "5" for routing guide tariffs.

 

F)         "6" for governing tariffs (all kinds).

 

G)        "7" for reserved.

 

H)        "8" or "9" for miscellaneous tariffs (e.g., switching, special service, terminal service).

 

I)         "X" may be used for master tariff of general increases.

 

3)         For tariffs of motor common carriers of property other than household goods carriers the first digit of the tariff number (not the ILLCC tariff designation number) shall conform to the following grouping in this subsection (3):

 

A)        "1" for governing publications of all kinds; adoption notices.

 

B)        "2" for commodity rate tariffs.

 

C)        "3" for combined class and commodity rate tariffs.

 

D)        "4" for commodity column or distance rate tariffs.

 

E)        "5" for class rate tariffs.

 

F)         "6" for miscellaneous tariffs (those not included in any other category).

 

G)        "7" for import and export tariffs (tariffs assigned this digit shall contain only import or export, or both, provisions).

 

H)        "8" for reserved for future assignment.

 

I)         "9" for tariffs containing rates or provisions covering emergency movements authorized by this Commission.

 

4)         When a tariff could be construed as being of more than one type because of the provisions it contains, the governing factor in assignment of the digit or letter will be the category that represents the principal portion of the contents or which signifies its primary purpose, as determined by the carrier or publishing agent.

 

5)         For all tariffs not governed by subsections (c)(2), (3), or (4) of this Section, the carrier or agent shall assign groupings for each of the particular types of tariffs involved, and the number assigned to a tariff shall conform to that grouping.

 

6)         The assigned number will remain the same from reissue to reissue of the tariff.  The first time a tariff is issued, its tariff number shall not have a letter suffix.  The first reissue of the tariff shall have the letter suffix A, the next reissue B, and so on through Z, after which the letter suffix A will again be used and the process repeated.  A carrier or agent may not use any number on its tariffs that differs in any respect from that used in the ILLCC designation, and whole numbers (not fractional or decimal) shall be used.

 

d)         Use in tariffs.  A tariff which refers to another tariff shall identify the other tariff by its ILLCC designation and name the issuing carrier or agent.

 

Section 1225.75  Tariff Number of Rejected Tariffs

 

a)         When the tariff number of a rejected tariff does not include a letter suffix, the designation on the tariff issued in its place shall bear the letter suffix A.

 

b)         When the tariff number of a rejected tariff includes a letter suffix, the designation on the tariff issued in its place shall bear the next consecutive letter suffix.

 

c)         The rejected tariff may not be referred to in any subsequent tariffs as having been amended, canceled, or withdrawn, but the tariff which is published in its  place shall bear the following notation:

 

Issued in place of (here identify the rejected tariff), rejected by the Commission.

 

Section 1225.80  Codes for Identification of Places

 

Codes for identification of places may be used instead of, or in addition to, the naming of places, points, facilities, or locations:  provided that an explanation of the code is contained in the same tariff using the code, or in a separate tariff specifically named as a governing publication.

 

Section 1225.85  Compliance Dates

 

a)         The following must comply with the requirements of this Part as of the effective date of this Part:

 

1)         New tariffs filed after the effective date of this Part;

 

2)         Tariffs re-issued after the effective date of this Part; and

 

3)         Supplements, amendments, and revised tariff pages filed after the effective date of this Part, except that item and tariff numbers in such supplements, amendments, and revised tariff pages need not conform to the requirements of this Part until the subject tariff is required to conform to this Part.

 

b)         All tariffs filed with the Commission must conform to this Part within 3 years after the effective date of this Part.

 

c)         Tariffs, supplements, amendments, and revised tariff pages may conform to this Part at any time after the effective date of this Part and before the date on which compliance is required.

SUBPART B: POWERS OF ATTORNEY, CONCURRENCES, TRANSFER OF AGENT

 

Section 1225.100  Scope of Subpart B

 

Sections 1225.105 through 1225.120 are not applicable to motor carriers of property.

 

Section 1225.105  Powers of Attorney

 

a)         Powers of attorney may be given by a carrier to a carrier or an agent for the purpose of publishing and filing tariffs.

 

1)         The power may be as broad or limited as expressed in the document, and alternate agents may be named.

 

2)         Powers of attorney shall not be filed at the Commission, but shall be maintained and produced if requested by any person.

 

3)         Revocation or amendment of the power of attorney shall be reflected through lawfully published tariff revisions effective concurrently.  In the event of failure to so revise the applicable tariff or tariffs, the rates in such tariff or tariffs will remain applicable until lawfully changed.

 

4)         If the scope of a power of attorney is questioned by any person, the document shall be produced.

 

b)         A power of attorney may be given by Class III rail carriers to larger carriers with which they connect or by rail subsidiaries to parent rail carriers authorizing the larger or parent rail carriers to publish tariffs, to give and receive concurrences, and to give powers of attorney to agents on behalf of the Class II or subsidiary rail carrier.

 

Section 1225.110  Concurrences

 

a)         A concurrence is used to show that one carrier has agreed to participate in joint rates or provisions published in a tariff filed by another carrier or agent.

 

1)         A concurrence does not give a carrier authority to publish local rates or provisions for the carrier issuing the concurrence.

 

2)         If two or more carriers execute power of attorney to the same agent, it is not necessary for those carriers to exchange concurrences.

 

b)         Concurrences shall not be filed with the Commission, but shall be maintained and produced if requested to any person making the request.

 

c)         Revocation or amendment of the concurrence shall be reflected through lawfully published tariff revisions effective concurrently.  In the event of failure to do so, the rates in such tariff remain applicable until lawfully changed.

 

Section 1225.115  Transfer of Authority From One Agent to Another

 

When a new agent is to take over all effective tariffs of another agent (including where a name of a corporation is changed), powers of attorney shall be appropriately amended.

 

Section 1225.120  Take-over Publications

 

a)         When an agent is appointed to take over an agency, or when an alternate agent takes over the duties of the principal agent, the new or alternate agent shall immediately issue a supplement to each of the superseded agent's effective tariffs.  Instead of showing an effective date on the title page, the following statement or one to similar effect shall be shown:

 

On and after (date the authority was transferred), this publication is the issue of (new or alternate agent's name).

 

b)         In the case of a new agent, only the carriers that have issued new powers of attorney may be shown in the take-over publication as participants.  All other carriers previously shown as participants shall be shown as canceled, either by listing each and stating its participation is canceled or by showing the following statement or one to similar effect at the beginning of the list:

 

The following is the list of carriers participating in this tariff as of (take-over date).  All carriers previously shown as participants but not shown are canceled.

 

c)         A take-over supplement shall remain in effect for the life of the tariff, except the list of participating carriers may be amended.

 

d)         A take-over supplement is exempt from the provisions of Section 1225.920 limiting the number and volume of supplements.

 

e)         Where joint-agent publications (see Section 1225.300) are involved, there are four major situations.  In each case, the supplement shall contain only matter necessary to explain the action with the list of participating carriers, if any, appropriately amended.

 

1)         The issuing agent is taken over by an agent not already shown  as joining in the publication.  The new agent issues the take-over supplement.

 

2)         A joint agent is taken over by an agent other than the issuing agent. The issuing agent of the tariff issues the supplement showing the name of the new agent for the one taken over.

 

3)         A joint agent is taken over by the issuing agent.  The issuing agent of the tariff issues the supplement, with the former agent and its ILLCC designation deleted.

 

4)         The issuing agent is taken over by a joint agent shown on the publication.  The new agent becomes the issuing agent, issues the take-over supplement, with the former issuing agent and its ILLCC designation deleted.

 

f)         Amendments (including the take-over supplement) filed by the new agent to tariffs issued by the former agent shall, in connection with the ILLCC designation, show that they are in the series of the former agent.

 

g)         New tariffs issued by the new agent shall be in the new agent's own ILLCC designation series.  If a new tariff cancels a tariff taken over by the new agent, the cancellation shall indicate the series of the tariff canceled.

 

h)         An alternate agent, after take over, shall continue to use the ILLCC designation series of the former agent, and shall, in connection with the ILLCC designation, identify it by name of the former agent.

SUBPART C: POWERS OF ATTORNEY, CONCURRENCES, AND TRANSFER OF AGENT FOR MOTOR CARRIERS OF PROPERTY

 

Section 1225.200  Scope of Subpart C

 

a)         The construction, filing, cancellation, or revocation of powers of attorney or concurrences, and the construction and filing of publications when one agent takes over another involve many different kinds of situations, each of which requires different procedures to be followed.

 

b)         This Subpart summarizes many kinds of situations together with a reference in each instance to the section that contains the regulations governing that situation.

 

1)         To authorize an individual to act as agent, see Section 1225.205(a).

 

2)         To authorize a corporation to act as agent, see Section 1225.205(a).

 

3)         To limit the authority of a power of attorney, see Section 1225.205(b) through (e).

 

4)         To give concurrence in a particular tariff of a carrier, see Section 1225.210(a).

 

5)         To give general concurrence to a carrier, see Section 1225.210(a).

 

6)         When the principal agent dies or is disabled, see Sections 1225.245, 1225.250(b) and (c), and 1225.255.

 

7)         When the alternate agent dies or is disabled, see Sections 1225.250(b) and (c) and 1225.255.

 

8)         When an agent takes over another agent or a corporation as agent changes its name, see Sections 1225.250(a) and (c) and 1225.255.

 

9)         To cancel a power of attorney or concurrence, see Section 1225.270.

 

10)         To revoke a power of attorney or concurrence, see Section 1225.275.

 

Section 1225.205  Forms and Extent of Powers of Attorney

 

a)         The Commission's Tariff Agent Power of Attorney (Individual as Agent) form or its Tariff Agent Power of Attorney (Corporation as Agent) form shall be used by a carrier to give authority to an agent to publish and file tariffs, including supplements or loose-leaf pages thereto, in which such carrier participates.

 

b)         Powers of attorney, if executed without modification, confer unlimited authority to publish local rates for the carrier issuing the power of attorney and to publish joint rates for such carrier and such other carriers as shall have issued the necessary authority.

 

c)         If it is desired to limit the authority granted to the agent, the form may be modified by adding at the end of the first paragraph the statement as follows, and by stating thereafter the extent of the authority granted:

 

This authority is restricted to the filing of the publications or types of publications set forth below and to the extent shown.

 

d)         Any limitation must be a general one and be specifically expressed in the instrument and must not depend on actions, circumstances, or managerial decisions not embodied therein or determinable therefrom and must not depend on future instructions or approvals.  Limitations, if any, must be expressed in the instrument in such a manner that not only is it clear what authority the agent will have but also what authority the agent will not have if certain authority is withheld.  For example, the instrument may limit the authority of an agent to publication of rates from points on the carrier's lines only, to publication of rates to points on the carrier's lines only, to publication of either local or joint rates or to publication of either class or commodity rates.  The instrument may not contain limitations that are not general ones − for example, publication of specifically named rates, origins, destinations, rules, etc.

 

e)         If it is desired to give to an agent authority only for the publication of a classification, a classification exceptions tariff, a rules tariff, or any other special kind of tariff, the form may be modified in either of two ways.  Omit the words "freight tariffs" and substitute therefor the word or words, "classification," "classification exceptions tariffs," "rules tariffs," etc., or modify so as to authorize the publication of any or all of such tariffs, including rate tariffs.

 

1)         If it is desired to limit the authority granted to publication of a particular tariff or tariffs, this may be done by giving a sufficiently accurate description of the title page of each tariff to identify it and by showing the ILLCC designation if known.

 

2)         If it is intended that the authority granted shall include reissues of specifically named tariffs, that fact should be made clear by adding in the appropriate location "and successive issues thereof."

 

Section 1225.210  Forms and Extent of Concurrences

 

a)         The Commission's Tariff Concurrence (Specific Concurrence) form or its Tariff Concurrence (General Concurrence) form shall be used in giving to carriers subject to this Part concurrences in tariffs (including supplements or loose-leaf page amendments thereto) which are issued and filed by such carrier or their agents and in which the carriers giving concurrences are participants.

 

1)         The Tariff Concurrence (Specific Concurrence) form shall be used in giving concurrence in a particular tariff that is issued and filed by another carrier.  The original shall be forwarded to the carrier issuing the tariff and shall be transmitted by such carrier to the Commission with the tariff or the amendment adding the carrier.  This form, when not restricted, will serve as continuing evidence of participation in the tariff described in the concurrence and in all supplements (or loose-leaf pages) thereto and successive issues thereof.  If reference to successive issues is stricken or omitted, a new concurrence will be required for each successive issue of the tariff in which the concurring carrier desires to participate.  Except as provided in this subsection, this form shall not be qualified in any way but must evidence concurrence contained in the tariff publication named therein.

 

2)         If general concurrence is given by a carrier in tariffs (including supplements or loose-leaf page amendment thereto) issued by another carrier or its agent, naming rates or other provisions from, to, via, or at points on its lines, the Tariff Concurrence (General Concurrence) form shall be used.  This form may be executed to authorize publication of rates or other provisions for the concurring carrier from, to, via, or at points served by such carrier.  If it is desired to limit the authority granted to exclude publication of rates in connection with which the concurring carrier would act as either origin, intermediate, or destination line, the form may be modified to that extent by use of appropriate language to effect the modification authorized.  When authority is given an agent to publish rates for a carrier participating under authority of a concurrence to another carrier for which such agent acts, care must be exercised that the rates published for the concurring carrier do not exceed the scope of the authority given.

 

b)         The carrier to whom concurrence is given may act as origin, intermediate, or destination carrier in joint rates and routes.

 

c)         A concurrence does not confer upon a carrier authority to publish local rates for another carrier.

 

d)         If two or more carriers execute powers of attorney authorizing an agent to publish joint rates for them, it will not be necessary for those carriers to exchange concurrences with each other as to the joint tariffs issued by that agent under that authority.

 

Section 1225.215  Exact Name of Carrier Must Be Shown; What Individual May Sign Instrument

 

a)         In the blank spaces for the name of the carrier on each form listed in Sections 1225.205 and 1225.210, there shall be shown:

 

1)         If the carrier is an individual, the individual name followed by any trade name;

 

2)         If the carrier is a partnership, the correct names of all partners, followed by any trade name; or

 

3)         If the carrier is a corporation, the correct corporate name.

 

b)         In all cases, the name of the carrier shall be identical with the name as it appears in its operating certificate issued by the Commission, or, in the event that such certificate has not yet been issued, the name of the carrier shown must be identical with the name as it appears in the records of the Commission.

 

c)         The power of attorney or concurrence shall be signed by the owner, if the carrier is an individual, and shall be signed by all of the partners individually, if a partnership.  If the carrier is a corporation, the power of attorney shall be signed by the president or vice-president and attested by the secretary of the corporation.

 

Section 1225.220  Official or Employee May Not Act as Agent

 

Unless specifically authorized by the Commission, an official or an employee of a corporation may not act as agent when such corporation acts as agent.  The Commission shall authorize an official or employee to act on behalf of the corporation upon receipt of a properly completed power of attorney specifically setting forth the limits of that official or employee to act on behalf of the corporation.

 

Section 1225.225  Corporation as Agent

 

a)         A corporation, duly authorized and acting as an attorney and agent, shall issue tariffs in the name of the corporation as agent.

 

b)         At the bottom of the title page of each publication and at the bottom of each loose-leaf page filed by the corporation as agent shall be shown the name and title of the official of the corporation who has been appointed by such corporation to issue tariffs and file them with the Commission.

 

c)         Before the first tariff publication may be filed showing such person as the issuing officer, the corporation shall forward to the Commission certified minutes of the meeting of the board of directors showing the name and title of the official who has been appointed to handle all tariff matters with the Commission.

 

Section 1225.230  Specifications of Forms

 

a)         Each power of attorney or concurrence shall be given a form and serial number which shall run consecutively for each form of instrument. The form and serial numbers shall be shown on the upper right-hand corner and immediately thereunder shall be shown the form and number of the instrument, if any, which is canceled thereby.

 

b)         Each instrument shall show under the serial number the date of issue.

 

c)         All instruments, except the concurrence in the Tariff Concurrence (Specific Concurrence) form, shall show in the lower left-hand corner the name and address of the agent or carrier to which the duplicate is sent.

 

d)         The term "freight tariff" as used in this Subpart means not only rate tariffs but all other freight publications which in any way affect the value of the service or the measure of the charge.

 

Section 1225.235  Distribution of Copies

 

Except when there is specific instruction in a Section of this Subpart to send originals to an agent or carrier, the original of the instrument shall be filed with the Commission, the duplicate sent to the agent or carrier to which such authorization is directed, and the third copy retained by the issuing carrier.

 

Section 1225.240  Conflicting Authority Must Be Avoided

 

Powers of attorney or concurrences may not contain authority to delegate to another the authority thereby conferred.  Duplicating authority to two or more agents or carriers must be avoided if the use thereof would result in conflicting rates or other provisions.

 

Section 1225.245  Alternate Agent

 

a)         When a power of attorney is issued to an individual to act as agent, such instrument shall name an alternate agent to act in the event of the death or disability of the principal agent.

 

b)         On or before the date of filing of the first tariff, supplement, or loose-leaf page by the alternate agent under the authority granted in the instrument, such alternate agent shall submit to the Commission a sworn statement setting forth the facts which justify such exercise of authority.  (See Section 1225.255 for regulations governing these takeover publications.)

 

c)         The term "disability" as used in the instrument refers to resignation, transfer to other duties or another post, or absence other than temporary, and does not mean temporary absence of the principal caused by vacation, illness, or other similar causes.

 

d)         If a carrier revokes its powers of attorney to an agent or cancels an existing one replacing it with a new more limited one, providing the required 60 days' notice from date of filing with the Commission, the agent has a duty to adjust its tariffs accordingly, effective on or before the effective date of the instruments.  If it does not and the carrier directs this fact to the attention of the Commission, the Commission shall direct the alternate agent to take over in the agent's place to protect the rights of the carrier.

 

e)         After an alternate agent has once exercised the authority granted by the instrument, the principal agent may not thereafter act under that instrument.

 

Section 1225.250  Transfer of Authority from One Agent to Another Agent − Death or Disability of Agent

 

a)         When an agent takes over another agent (including a change of name of a corporation acting as an agent), superseding the former agent as to all the former agent's effective tariffs, the transfer shall be accomplished by each carrier executing a new power of attorney naming the new agent (and alternate when the new agent is an individual) thereafter to serve, and specifically canceling the previous power of attorney.  (See Section 1225.255 for regulations governing these take-over publications.)

 

b)         When a power of attorney has been issued to an individual and an alternate, and the death or disability of either the principal or alternate agent occurs, new powers of attorney canceling the previously effective powers of attorney and naming the agent (and alternate when the new agent is an individual) thereafter to serve shall be filed within 180 days from the date of death or disability.  (See Section 1225.255 for regulations governing take-over publications.)

 

c)         The new powers of attorney filed pursuant to this Section shall bear no effective date.  The originals thereof shall not be sent directly to the Commission, but shall be forwarded to the principal agent named therein. After all the necessary instruments shall have been secured, the principal agent shall file the originals with the Commission all at one time.  Such powers of attorney will become effective upon the date they are received by the Commission, regardless of any other date which may have inadvertently been shown thereon.

 

d)         If, during the period in which the alternate agent is functioning in place of the former principal agent, new participating carriers are to be added to the tariffs, the powers of attorney from such carriers must name the present alternate agent as principal agent together with a new alternate agent.  When the permanent take over is made by a new agent (which may be the former alternate agent), such powers of attorney must be replaced by new ones meeting the requirements of this Section.

 

e)         If upon the death or disability of the principal agent it is found that the alternate agent named in the powers of attorney cannot or will not (by refusal or neglect) take over the tariffs, the carriers have the responsibility to seek a new agent and delete the old rates under the previous agent.  If no take-over by a new agent acting for the participants is arranged within 90 days of the Commission's being advised of the existence of the situation, the Commission shall strike the tariffs from the files of the Commission only when carriers are unable to effect the changes on their own.  If the tariffs are stricken, the carriers will be free to publish their rates elsewhere.

 

Section 1225.255  Take-over Publications − Motor Carriers

 

a)         When a new agent is appointed for a reason set forth in Section 1225.250 or when an alternate agent assumes the duties of the principal agent, the new agent, immediately upon receipt of necessary authority, or the alternate agent, upon death or disability of the principal, shall issue a supplement to each of the effective tariffs (bound or loose-leaf) issued by or which had been taken over by the agent superseded.  The supplement shall bear on its title page no effective date, but shall contain a statement reading substantially as follows:

 

On and after (show here, in the case of a new agent, the date on which authorities are filed with this Commission; or in the case of an alternate agent, the date on which the principal ceased to act) this publication shall be considered as the issue of (show here name of new agent or the alternate acting as such).

 

b)         In the case of a new agent and a bound tariff, such supplement shall also contain a list of participating carriers, giving reference to the new authorities.

 

c)         In the case of a new agent and a loose-leaf tariff, the supplement shall not name the participating carriers, but instead, one or more loose-leaf pages canceling the previous page or pages shall be issued containing the new list of participating carriers.  Such a page shall identify the new authorities and refer to the take-over supplement, shall show the date of the take-over as the effective date, and may be filed without notice.

 

d)         If the agent whose tariffs are being taken over maintains a participating carrier tariff, the take-over publications to the agent's other tariffs shall not list participants if the tariff that is being amended does not specifically list them.  The take-over publication to the participating carrier tariff shall, however, provide a complete list of all participants therein and in tariffs governed thereby on the date of take-over.

 

e)         An agent only has authority to act for a carrier that has issued a power of attorney in its favor or issued an appropriate concurrence to such a carrier.  Therefore, only the names of participating carrier that have issued such instruments may be shown in the take-over publication.  Any updating, corrections, or deletions of the names of participating carriers must be made by the former agent (or alternate agent if authorized to act) and must become effective on lawful notice before the date of take-over.

 

f)         The take-over supplement must remain in effect for the life of the tariff and shall be considered exempt from the provisions of Section 1225.920 limiting the number and the volume of supplements, but the participating carrier list therein, if any, may be amended.

 

g)         An agent may not take over less than all of another agent's tariffs.

 

h)         Where joint-agent publications are involved in a take-over there are four major situations.  In each situation the supplement must be one containing no other matter than that necessary to effect and explain the action.  In every case the agent who issues the take-over supplement shall also amend the list of participating carriers, where ever it is shown, in an appropriate fashion.

 

1)         The principal agent is taken over by other than one of the joint agents.  The new agent issues the take-over supplement.

 

2)         A joint agent is taken over by other than the principal agent.  The principal agent issues a supplement which indicates that the take-over took place and substitutes the name of the new agent for the one taken over.

 

3)         A joint agent is taken over by the principal agent shown on the publication.  The principal agent issues the take-over supplement and drops the name of the former agent and its ILLCC designation.

 

4)         The principal agent is taken over by a joint agent shown on the publication.  The joint agent automatically becomes the principal or sole agent, as the case may be, and issues the take-over supplement and drops the name of the former agent and its ILLCC designation.

 

5)         In situations not identified in this subsection, the parties should consult with this Commission to arrive at an acceptable form for the publications effecting the take-over action.

 

Section 1225.260  Supplement (or Loose-leaf Pages) to be Shown in Series of Former Agent

 

Supplements or loose-leaf pages, including those publishing the take-over, filed by the new agent to tariffs issued by the former agent (or a predecessor thereof, if any) must show in connection with the ILLCC designation that they are in the series of the former agent (or predecessors).

 

Section 1225.265  Series Used by New or Alternate Agent

 

a)         New tariffs issued by the new agent (not alternate agent) shall be in such agent's own ILLCC designation series, and when canceling tariffs issued by the former agent, shall indicate the series of the tariffs canceled.

 

b)         An alternate agent, after take-over, shall continue to use the designation series of the superseded agent and identify, in connection with the designation, the series by name of such agent.

 

Section 1225.270  Cancellation of Instruments

 

a)         A power of attorney may cancel another power of attorney if both the old and new are issued in favor of the same agent or if it is filed under circumstances set forth in Section 1225.250.

 

b)         A concurrence may cancel another concurrence if both the old and new are issued in favor of the same carrier.

 

c)         In every case both the old and new instruments must be issued by the same carrier, except that the old may be one acquired from a certificated predecessor carrier.

 

d)         A power of attorney may not cancel a concurrence, nor may a concurrence cancel a power of attorney, but one form of power of attorney may cancel a different form of power of attorney and one form of concurrence may cancel a different form of concurrence, but care must be taken in any case that the correct form number is inserted in the cancellation notice space.  Under all other circumstances, power of attorney and concurrences must be revoked as set forth in Section 1225.275.

 

e)         If the instrument to be canceled contains more authority or is broader in scope than the new instrument, the new instrument must bear an effective date of at least 60 days after the date on which it is received by the Commission.  Otherwise, no notice is required.

 

Section 1225.275  Revocation of Instruments

 

a)         A power of attorney or concurrence may be revoked upon not less than 60 days' notice to the Commission by filing a notice of revocation with the Commission, serving at the same time a copy thereof on the agent or carrier in whose favor such instrument was executed.

 

b)         Such notice shall not bear a separate serial number, but shall specify the form and number of the instrument to be revoked, named the agent (and alternate agent when the authority granted in the Tariff Agent Power of Attorney (Individual as Agent) form is being revoked) or carrier in whose favor the instrument was executed, and specify the date upon which revocation is to become effective.  The effective date must not be less than 60 days subsequent to the date the notice is received by the Commission.

 

c)         The revocation notice for a power of attorney shall be on the Commission's Revocation of Power of Attorney form.

 

d)         The revocation notice for a concurrence shall be on the Commission's Revocation of Concurrence form.

 

e)         When a power of attorney or concurrence is revoked, corresponding revision of the tariff or tariffs shall be made effective upon statutory notice not later than the effective date stated in the notice of revocation.  In the event of failure to so revise the applicable tariff or tariffs, the rates in such tariff or tariffs remain applicable until lawfully canceled.

 

f)         The provisions of Section 1225.215 will also apply to revocation notices.

 

g)         If the tariff or tariffs of a carrier are adopted in full, the new carrier has the duty either to promptly obtain new concurrences from the participants therein, if any, or to cancel the participation of such carriers before any changes are made effective in provisions affecting such carriers.

 

h)         A carrier holding a concurrence or an agent holding a power of attorney that no longer wishes to retain or exercise such authority shall notify the Commission in writing of this and state that the authority shall have no further force and effect.  The files of the Commission shall be marked accordingly and the instrument considered as no longer effective. The notification shall be over the signature of the person authorized to issue the tariffs.

 

i)          A power of attorney or concurrence may not be revoked in part, nor may it be amended except by reissue.

SUBPART D: JOINT TARIFFS

 

Section 1225.300  Tariffs Issued by Joint Agents Not Applicable to Contract Carriers

 

a)         Two or more agents may issue a tariff(s).  Each agent shall act only for carriers who have given it powers of attorney or who have given concurrences to carriers issuing powers of attorney.  Each agent need not obtain powers of attorney from all participating carriers.  Each carrier shall be shown as participating under authority given to one of the issuing agents.

 

b)         Title pages and loose-leaf pages.

 

1)         The title page of each original joint issue tariff and supplement and each joint issue loose-leaf page shall show a separate ILLCC designation in the series of each agent; and

 

2)         The title page of each original joint issue tariff and supplement and each joint issue loose-leaf page shall show at the bottom:

 

A)        "Issued By" followed by the name, title, and mailing address of the principal agent or issuing party; and

 

B)        Below that, "Jointly With" followed by the name, title, and mailing address of the other agent(s) joining in the issue.

 

c)         For bound tariffs only, the names, addresses, and ILLCC designations of agents other than the principal agent may be shown on the reverse side of the title page of the tariff publication instead of on the title page. Except as provided in Section 1225.15, an agent may be added or deleted as an issuing party only by reissue of the tariff.  In either case, the former tariff shall be canceled only by supplement.

 

d)         List of participating carriers.  Any list of carriers participating in the tariff shall be arranged as provided in Section 1225.405 and shall be published in:

 

1)         The tariff itself;

 

2)         A separate jointly issued participating carrier tariff; or

 

3)         Each issuing agent's separate participating carrier tariff.

SUBPART E: TARIFF GENERAL REQUIREMENTS

 

Section 1225.400  Title Page of Original Tariffs

 

a)         Original tariffs shall have a title page which contains at a minimum the information required by subsections (b) through (k) of this Section.

 

b)         The tariff's ILLCC designation shall be shown.  Immediately under it, the ILLCC designation of the tariff(s) being canceled, if any.  If there are numerous tariffs being canceled, the ILLCC designation of those tariffs may be shown:

 

1)         On the first page after the title page which contains tariff matter if it is a bound tariff; or

 

2)         On the first page after the "check sheet(s)," or the first page following that if a loose-leaf tariff.  if the cancellations are not shown on the title page, reference to the location of the listing of the canceled tariffs should be shown.

 

c)         The title page of an original loose-leaf tariff shall be designated as an "Original Title page."

 

d)         The name of the issuing carrier or agent and complete mailing address shall be shown.  The name of the carrier shall be followed by the number of its certificate or permit, if any.  Sub numbers of certificates and permits need not be shown.  If the agent is a corporation or association, its name shall be shown.  If the agent is an individual, the association's name (if any) for whom the agent acts may also be shown.

 

e)         This subsection applies to common carriers.  A tariff naming rate shall provide the following information:

 

1)         The type of rates, the modes of transportation, and the territory covered.  The terms "local," "joint," "proportional," and "distance" shall be used to identify the rates;

 

2)         Tariffs shall use appropriate terms to identify the rates in the tariff as specifically as possible; for example: assembling, distribution, class, commodity, commodity-column (column-commodity), passenger, commutation, truckload, carload, trainload, less-than-truckload, pipeline, or any quantity rates.

 

3)         Each mode of transportation shall be identified, such as all-rail, all-motor, all-pipeline, motor-water, motor-rail or rail-motor-water routes.

 

f)         A classification, a rules tariff or another type of governing tariff shall show a brief description of the tariff and its contents.

 

g)         A brief reference (e.g., "Iron and Steel Tariff," "Petroleum Tariff," "Passenger Fare Tariff"), by which the tariff can be readily identified shall be shown.

 

h)         A tariff governed by one or more other tariffs shall refer to the item containing the list of the governing tariffs, in the following manner:  "For governing publications, see Item _____."

 

i)          A reference to the decision or order by number, or a reference to the regulation by section number, and the number of days' notice (where less than statutory notice is authorized) shall be shown if the entire tariff:

 

1)         Is issued to comply with a mandatory decision of the Commission or an order of a court requiring a specific action;

 

2)         Is issued under authority of a permissive decision allowing less than statutory notice or departure from tariff publishing regulations; or

 

3)         Is published under a Section of this Part permitting less than statutory notice or departure from an outstanding decision, or both.

 

j)          The issue date and the general effective date shall be shown.  If a tariff contains matter (including reissued matter) effective upon a date other than the general effective date, show the following directly with the general effective date:  "(except as otherwise provided)."

 

k)         A tariff that is to expire with a given date shall show the following or similar notation:  "This tariff, as amended, expires with (here show date of expiration), unless sooner canceled, changed, or extended."

 

Section 1225.405  Contents of Tariff

 

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.

SUBPART F: STATEMENT OF RATES AND FARES

 

Section 1225.500  Statement of Rates and Fares

 

a)         Rates, fares, and provisions shall be stated and arranged in a manner which establishes the rate, charge or attendant provisions for each service offered or performed by the serving carrier.

 

1)         Rates and charges shall be stated per unit in U.S. dollars or cents.

 

2)         The disposition of fractions and other tariff elements required to determine the applicable rate, charge or provision shall be explained. Rates may be stated in any measurable unit.

 

3)         Rates may be stated as applying to variable units as authorized by the Commission, e.g., per car, per vehicle, per mile, per vehicle-mile, per container, per package, or per passenger provided the measure of the service is fixed by defining the unit, or in maximum terms, such as a stated maximum weight of contents permitted per vehicle or container of a certain maximum cubic capacity or measurement, or stated maximum dimensions or weight per individual package.

 

4)         Rates for rail and motor passenger service (including one-way, round trip, commutation, etc.) may be stated per passenger or other identifiable unit.

 

5)         Rates based on quantity shall be stated as having any quantity, less-than-truckload, truckload, less-than-carload, carload, trainload, volume or any other defined quantity application.

 

b)         This subsection only applies to transportation of property by railroads.

 

1)         Rates may be shown as applying from or to "all points" in this state to territory located on the lines of the carrier parties to the tariff, without naming the points in the tariff, provided the tariff is governed by a station list tariff or otherwise adequately describes the territorial scope.

 

2)         Points may be excepted from the application of the rates by listing them.

 

3)         Intermediate point rules may not be used in connection with origin or destination points provided in accordance with subsection (b), as to do so would be redundant.

 

c)         Rates may be published to apply from or to a named plant site, construction site, or other site, if its location is identified.  Rates may be published from or to or between the facilities of a specifically named shipper or receiver.

 

Section 1225.505  Arbitraries

 

A tariff may provide rates from or to designated points by the addition or deduction of arbitraries or differentials to or from rates in the tariff form or to named base points.  Provision for this shall be shown either in a separate item in the same tariff, which shall specifically name the base point and state the manner in which the arbitraries or differentials shall be applied, or in a separate rate basis tariff.

 

Section 1225.510  Class Rates

 

Class rate tariffs shall provide a rate for class ratings shown in the classification or exceptions tariff exception class rates for certain classes may be omitted provided there is a statement that the next lower class or the next higher class (not both) for which rates are published shall be used.

 

Section 1225.515  Alternation and Precedence of Rates and Maximum Charges

 

Alternation of rates is permitted.  Where two or more rates apply to a shipment (e.g. class rates and commodity rates), the lower rate shall govern unless otherwise stated in either tariff or item.  This Section does not permit the publication of conflicting rates.

 

Section 1225.520  Mixed Shipments

 

a)         If two or more commodities are listed in connection with a rate or rating application, there shall be a statement as to whether the rate or rating applies only on straight shipments, on a specific mixture of the articles, or on straight or mixed shipments.

 

b)         If one or more of the commodities are to be subject to a rate or a minimum quantity or both, different from the others, how the minimum charge per mixed shipment is to be determined shall be stated.  This is also required if two or more rates or ratings, based on different minimum quantities, are provided for the same commodity.

 

c)         Where different rates or ratings are so provided, there shall be a statement published explaining how the deficit, if any, in the applicable minimum weight shall be rated.

 

Section 1225.525  Commodity Rates

 

Except as otherwise provided in Sections 1225.535 and 1225.540, when commodity rates are established, the commodity description shall be specific and the rates may not be applied to analogous articles unless so provided.  As far as possible, uniform commodity descriptions should be used in all tariffs.

 

Section 1225.535  Reference to Items or Lists for Commodities or Descriptions

 

a)         Commodity rate items may contain rates on a number of articles without naming the articles in the item by use of a generic term and reference to an item (not a rate item) in the tariff or in a separate tariff (sufficiently identified on its title page) which contains a complete list of the articles (and minimum weights, if any).  The list shall bear a commodity caption (for example "Packinghouse products, namely"), which shall be worded the same as the generic term used in the rate item, and the commodities in each list shall be arranged alphabetically.

 

b)         The rate item may except certain commodities in the list.

 

c)         A rate tariff may refer to a classification instead of, or in addition to, a separate list tariff for description of articles on which rates published by reference to generic terms will apply.  The reference may be restricted to the descriptions in certain identified items under the generic heading used.  A rate item may refer to classification items for a detailed description, and for governing conditions, if the commodity term used in the rate item embraces the commodities in the classification items.  The rate tariff shall indicate the application of notes, qualifying conditions and other matter published in connection with the classification items.

 

Section 1225.540  Application of Aggregate of Intermediate Rates and Combination Rates

 

a)         Except where a carrier elects to permit alternation, when a rate, whether local or joint, from origin to destination has been established via a route as a "one-factor rate," it becomes the only legal rate for through transportation via that route, whether it is greater or less than the aggregate of any intermediate rates.

 

b)         The lowest combination of rates applicable via the route of movement is the legal rate if no one-factor rate is in effect.  The combination shall be treated as a unit from origin to destination.

 

c)         This Section does not require equalizing via one route or gateway the combination of rates applicable over another route or via a different gateway.

 

Section 1225.545  Proportional Rates

 

a)         Tariffs containing proportional rates shall clearly show their application.  If a proportional rate is intended for use on traffic destined to a restricted territory or points, the territory shall be defined.

 

b)         This Section does not apply to contract carriers.

 

Section 1225.550  Tank-line Gauge Books and Equipment Register

 

a)         When rates are published with minimum weights dependent upon, for example, the length of the car used, or the marked cubical or gallon capacity of the car used, that measurement or mark becomes an integral part of the rate, and, with respect to such cars, carriers shall file tariffs showing the numbers, dimensions, capacities, and ownership of freight cars.

 

b)         The information may be published in separate publications and be filed by authorized agents.

 

c)         Successive issues and amendments may be made effective on 1 day's notice.

 

Section 1225.555  Reference Prohibition

 

A rate tariff may not refer to another rate tariff for classification ratings, exceptions to the classification, rules, or other governing provisions.

SUBPART G: ROUTING (NOT APPLICABLE TO MOTOR CARRIERS OF PROPERTY)

 

Section 1225.600  Inapplicability to Motor Carriers of Property

 

The provisions of Subpart G are not applicable to motor carriers of property.

 

Section 1225.601  Routing to be Specified

 

Except as authorized in Section 1225.605, the routing to be used shall be specified, identifying each carrier and the point of interchange in proper order from origin to destination.  For motor carriers, highway numbers need not be listed.

 

Section 1225.605  Open Routing

 

a)         This Section applies to tariffs of railroads.

 

b)         Routing may be provided by publishing a statement substantially as follows in the rate tariff:

 

The rates in this tariff apply over all routes made by use of the liens of any of the carriers parties to this tariff, except as otherwise specifically provided on pages ______, in individual rate items, or in connection with individual rates.

 

c)         The exceptions may be stated either by showing that the rate applies only via specified routes (affirmative routing), or by showing that the rate does not apply via specified routes (negative routing).  Affirmative routing may be shown in a routing guide, but negative routing may not.

 

Section 1225.610  Where to Publish Routes

 

The routes shall be published in the rate tariff, in a separate routing tariff or tariffs (a "routing guide"), or in a separate routing tariff or tariffs which are governed by an explanation of routes tariff or tariffs. Routes may be published in both rate tariffs and routing tariffs.

 

Section 1225.615  Notations in Tariff Publications

 

a)         A routing guide shall contain the following or similar statement on its title page:

 

The routes in this tariff may be used only when rate tariffs provide for their application.

 

If all of the routes are provided in the rate tariff, the following or similar notation shall be shown in the rate tariff under the hearing "Routing Instructions":

 

The rates in this tariff apply only via the routes specified on pages (or in items).

 

c)         If all of the routes are provided in the routing guide, the following or similar notation (with appropriate tariff reference) shall be shown in the rate tariff under the hearing "Routing Instructions":

 

The rates in this tariff apply only via the routes specified in (here show ILLCC designation) for carrier parties to this tariff.

 

d)         If the rate tariff contains routing and also refers to a routing guide, an appropriate notation shall be published in the rate tariff under the heading "Routing Instructions."  The notation shall state the circumstances when the routing in the rate tariff applies and when the routing in the routing guide applies.

 

Section 1225.620  Number of Routing Guides

 

A rate may not be subject to more than one routing guide except:

 

a)         Joint rates of a rail subsidiary or a Class III rail carrier with two or more connecting or parent rail carriers may refer to the routing guides of each of the connecting or parent carriers;

 

b)         If territorial routing guides are published, an interterritorial rate may refer to one guide to each of the separate territories involved; or

 

c)         Reference may be made to separate routing guides of any of the participating carriers for internal routing over each of the carrier's lines.

 

Section 1225.625  Combined Routing Guide/Participating Carrier Tariff

 

A routing guide may be combined with a participating carrier tariff, or a combined participating carrier and points of service tariff, provided the routing provisions are separate and the requirements of this Subpart are otherwise complied with.

 

Section 1225.630  Emergency Routing Clause

 

The following provision or one of similar effect may be published under the heading "Routing Instructions" in connection with joint rates on property:

 

Emergency Routing

 

The joint rates in this tariff apply via the routes and through the transfer points authorized in this tariff, except:

 

When, because of pronounced traffic congestion (not an embargo), detours or other similar emergencies, or through carriers' error, carriers forward shipments by other transfer points of the same carriers or over the lines of other carriers parties to this tariff, the rate specified in this tariff will apply if it results in lower charges than the otherwise applicable rate over the actual route of movement.

 

Section 1225.635  Cancellation of Joint Rail Rates, Routes or Surcharges

 

a)         This Section applies only to rail carriers.

 

b)         Cancellations of joint rates or routes or surcharges to them under the authority of 49 U.S.C. 10705a shall have a statement to that effect in the tariff publication.

SUBPART H: SECTIONAL TARIFFS

 

Section 1225.700  Sectional Tariffs

 

Tariffs may be arranged in "Sections" to separate different kinds of rates or provisions, provided the Sections are consecutively numbered or lettered and differentiated among Sections.

SUBPART I: AMENDMENTS

 

Section 1225.800  Amendments and Supplements

 

a)         An amendment is a change in, addition to, or cancellation from a tariff.

 

b)         Supplements are tariff publications to be used to amend bound tariffs and may also be used to amend loose-leaf tariffs as provided in Section 1225.815(n).

 

c)         New or revised pages are tariff publications to be used to amend loose-leaf tariffs (see Section 1225.815).

 

Section 1225.805  Lists of Participating Carriers

 

a)         In bound tariffs, the list shall be amended by:

 

1)         Publishing a complete new list containing all changes and canceling the prior list; or

 

2)         Publishing a cumulative list of all changes, alphabetically arranged either by code or carrier name, and the statement "The list of participating carriers is as shown in the tariff except for the following changes."

 

A)        Only one cumulative list may be in effect at one time.

 

B)        A carrier's participation shall be canceled by showing the carrier's complete name, together with the work "Cancel" or other provision as defined in the tariff.

 

C)        Changes shall be carried forward in subsequent amendments to the list as reissued matter.

 

b)         In a loose-leaf tariff, the list shall be amended either by:

 

1)         Republication of the page(s) on which the list appears, indicating the cancellations, additions and changes.

 

A)        The canceled carriers' names shall be republished on a separate page(s) at the end of the list, indicating when the cancellation was first effective, until all provisions in the tariff referring specifically to the carriers have been removed from the effective pages.

 

B)        The pages containing the list shall refer to the page(s) containing the list of canceled carriers; or

 

2)         Reissuing the affected page(s) with an appropriate symbol to show elimination of a carrier.

 

c)         Concurrent with the cancellation of a carrier from the participating carrier list, all provisions specifically referring to that carrier shall be appropriately amended unless:

 

1)         The cancellation is in connection with the publication of a complete adoption of the rate of that carrier by another (see Subpart L); or

 

2)         The method permitted in subsection (d) of this Section is used.

 

d)         A carrier's participation may be canceled by publishing a blanket cancellation notice directly with the list of participating carriers, and referring to the notice when canceling the carrier's name from the list. If this method is used, all provisions specifically referring to that carrier shall be amended.  During the interim, an item or provision which specifically refers to that carrier may not be republished unless the reference is concurrently removed.

 

Section 1225.810  Amendments to Bound Tariffs

 

a)         Provisions shall be amended by publication of the entire item or segment in a supplement, except as otherwise authorized pursuant to Sections 1225.15 and 1225.900.

 

b)         When an item is to be amended, the new item shall be given the same number with a letter suffix, starting with the letter A, continuing through Z, then starting with AA, BB, and so on.  Except as provided in subsection (c) of this Section, the new item shall specifically cancel all uncanceled items in the same series.  For example:  "Item 40-A cancels item 40"; "Item 40-C cancels Item 40-B and Item 40-A" (if Item 40-A had not been canceled previously).

 

c)         Items need not specifically cancel the previous items in the same series if the tariff contains a rule explaining the process in which items are superseded.

 

1)         For example, the rule may provide that the use of the next letter suffix automatically cancels the prior item.

 

2)         The rule shall be maintained for the life of the tariff.  Specific cancellation shall be made of items containing rates or provisions under suspension or held in force by reason of suspension.

 

d)         When provisions of a numbered segment, other than an item, are to be amended, the new segment shall be given the same number, without a suffix, and specifically cancel all prior uncanceled segments bearing the same number.  The cancellation shall be made by referring to the segment number and its location, e.g., "Section 3, cancels Section 3 on pages 50-56 of the tariff."

 

e)         When the provisions of an unnumbered segment are to be amended or canceled, the previous segment shall be canceled by indicating the matter and referring to its location.

 

f)         Amendment in part without bringing forward the item or segment in its entirety may be made of items or segments containing only:

 

1)         Tables of contents;

 

2)         Lists of participating carriers, commodities, or points of service;

 

3)         Indexes of commodities, origins, or destinations;

 

4)         Statements of carriers' operating authorities;

 

5)         Explanations of routing, abbreviations, reference marks or notes;

 

6)         Package descriptions; or

 

7)         Tables of rates, rate base numbers, or other figures comprising more than two pages.

 

g)         If a reference mark in a rate table is amended, the rates need not be republished provided the changed reference is explained in the explanation of reference marks and a list of items that use the mark is included.

 

h)         When amending a figure at the intersection of a headline and sideline point of tables of rates, rate base numbers or other figures, either the entire vertical column or entire horizontal column of figures in which the change appears shall be reproduced.  In no case, however, shall the format of the tables be changed during the life of the tariff.

 

i)          Partial amendments shall be published so that it is clear what matter is being added, changed or canceled.

 

j)          The following notation or one to similar effect shall be shown on a partial amendment of an item or segment containing station index numbers:

 

The index numbers of stations in this supplement correspond with the index numbers of the same stations shown on pages ____ to ____, inclusive, of the tariff, with the following additions and deletions.

 

k)         Canceled matter may not be reproduced in an item or segment effecting a cancellation except to the extent necessary to identify the subject matter.

 

l)          An expiration or cancellation statement of an entire item or segment shall be treated the same as any other reissued matter insubsequent supplements.

 

m)        If part or all of the matter in an item or segment is transferred to another tariff or to a different location in the same tariff, that item or segment shall:

 

1)         Be revised in the regular manner; and

 

2)         Show where the transferred matter will thereafter be found.

 

Section 1225.815  Amendments to Loose-leaf Tariffs

 

a)         New pages added at the end of the tariff shall be designated as "Original" and consecutively numbered beginning with the number following the number of the last page of the original tariff.

 

b)         Other new pages shall be designated as "Original" and given the same number as an existing page (if the tariff contains pages printed on both sides of the sheet, use the higher number) followed by a single suffix letter, in alphabetical sequence starting with "A".  No other system or variation may be used.

 

c)         Both sides of a sheet shall be given page numbers when adding new pages to a tariff containing pages printed on both sides of the sheets.  If one side is intentionally left blank, the page shall contain a statement to that effect.

 

d)         Amendment of a title page shall be made by reprinting it and giving it a revision number.  The first amendment shall be designated as "1st Revised Title Page", and so on in consecutive numerical order.  Revised title pages shall show the following under their effective date:  "Original Tariff effective (here show the effective date of the original tariff)."  The revised page shall specifically cancel all the uncanceled title pages to the same tariff.  The cancellation shall be shown with the new designation, for example, "1st Revised Title Page cancel Original Title Page."

 

e)         For pages that are not title pages:

 

1)         Amendment of a page shall be made by reprinting it and giving it a revision number.  The first amendment shall be designated as "1st Revised Page       ," cancels original Page       ," and so on in consecutive numerical order.  Suffixes or prefixes may be used.  See Section 1225.65(b).  The revised page designations shall be shown in the same corner as original page designations are shown.

 

2)         If the pages being amended are to a tariff which contains pages printed on both sides of the sheets, both sides of the sheets shall be reprinted. If changes are not being made in the tariff matter on one side of the sheet, the following notation shall be shown with the new revision number:  "Change in revision number    only."

 

3)         Revised pages shall cancel all uncanceled pages in the same series. The cancellation shall be shown with the new designation, e.g., "2nd Revised Page 10 cancels 1st Revised Page 10."

 

f)         If a page is rejected, its designation (i.e., "original," "1st Revised," etc.) may not be used again in that series.  The rejected page may not be referred to on a subsequent page as having been canceled, amended or withdrawn.  The page issued in its place shall use the next revision number and bear the following:

 

Issued in placed of (here identify the rejected page), rejected by the Commission.

 

g)         Except as otherwise authorized, loose-leaf tariffs may not be further amended when the number of sheets (including check sheets) containing canceled pages would exceed six times the number of sheets (including check sheets)  containing canceled pages would exceed six times the number of sheets (including check sheets) containing effective pages.  This limitation may be exceeded if necessary to comply initially with a Commission decision or if specifically authorized pursuant to Section 1225.15.

 

h)         If a revised page omits rates or other provisions which had been shown on the page it cancels, the disposition of the omitted matter shall be indicated.

 

1)         If the matter is transferred to another tariff or to another page in the same tariff, that shall be stated.

 

2)         If transferred to another page, the page to which it is transferred shall contain the following notation, or an explanation of the transfer in some other manner, directly with the transferred matter:

 

For (here state whether rates, rules, provisions, etc., as appropriate) previously in effect, see page(s) ____.

 

3)         If the matter is canceled or expired and not transferred, the page shall so indicate, identifying the canceled or expired matter only to the extent necessary to show what is affected.

 

i)          If five or more pages of a tariff are to be reissued at one time with the same effective date to cancel all provisions or to transfer all provisions to other pages, the reissue and the cancellation may be accomplished by a single printing, showing the individual cancellations. (If for a tariff which has pages printed on both sides of the sheets, this method may only be used when both pages of any particular sheet are being canceled or transferred.)

 

1)         The reissued matter shall clearly show the designation of the page(s) to which matter is being transferred.  See subsection (i) of this Section.

 

2)         Where the page designation for that tariff would otherwise appear (i.e., the upper left-hand or upper right-hand corner), the following shall be shown, completed:

 

____ Revised Page ____.

 

Cancels Revised Page ____.

 

3)         The automatic cancellation provisions of subsection (g) of this Section may not be used with this procedure.

 

4)         This procedure may not be used when new or other provisions are to be substituted on the pages.  However, the pages may be subsequently reissued individually in the regular manner.

 

j)          The check sheet (see Section 1225.405(b)) shall be reissued and filed with the filing of any amendment.  The revised check sheet shall:

 

1)         List all effective pages in numerical sequence;

 

2)         Show the latest designation of each page;

 

3)         Indicate those pages which have been revised or added since the previous check sheet;

 

4)         Indicate those pages or supplements which contain only matter under suspension or held in force by reason of suspension; and

 

5)         List all effective, or filed and yet to be effective, supplements.

 

k)         If the "correction number, check off" type of check sheet is used, loose-leaf page amendments issued and filed at one time shall show the same correction number.  The first filing shall bear correction No. 1, the second correction No. 2, and so on in consecutive order.  In lieu of the foregoing, carriers or agents utilizing the "correction, check off" type of check sheet may issue a file loose-leaf page amendments with sequentially numbered correction numbers.  An explanation of the correction numbering system shall be given.

 

l)          Supplements (except supplements canceled by other supplements of like or similar character or content) shall be canceled by reissue of the check sheet containing the updated list of pages, adding the words "also cancels Supplement No. ___" immediately following the words "cancels page ____".

 

m)        Any indexes or tables of contents shall be amended concurrently with changes in the contents of the tariff to show additions, cancellations, and changes as to points and commodities.

 

n)         Supplements to loose-leaf tariffs may be used for the following purposes:

 

1)         Conversion or percentage supplements to provide general rate changes. See Section 1225.935.

 

2)         Transfer or cancellation of provisions, see Subpart K.

 

3)         Suspended matter, see Subpart M.

 

4)         Seasonal rates or fares, see Subpart Z.

 

5)         Transfer of operations (change in name and control), see Subpart L.

 

6)         Take-over publications (transfer of agent), see Subparts B and C; or

 

7)         Postponement of tariffs or tariff matter, see Subpart M.

 

Section 1225.820  Reinstatement of Canceled or Expired Provisions

 

If provisions have been eliminated by cancellation or expiration, they may only be reinstated by republication.  Rates canceled on the erroneous belief of the carrier or agent that the rates were obsolete (no longer applicable to traffic) may be republished on 5 days' notice.

 

Section 1225.825  Changes Are to be Indicated

 

a)         Changes resulting in increases which are not correctly identified shall result in a Commission finding that such changes are unlawfully published and filed and therefore invalid and not collectable.

 

b)         When a change of the same character is made in a number of rates, a statement shall be used in place of symbolizing each of the individual rate changes.

 

1)         The statement shall note the nature of the change.

 

2)         The statement shall be at the top of the title page of the publication or the top of the page(s), containing the rates, with exceptions, if any, so noted.

 

3)         An appropriate reference mark shall be used to indicate any other change not indicated by the general statement on the publication.

 

c)         When tariff matter subject to a reference mark or the wording required by this Section is reissued without change, the reference mark or wording shall be omitted.

 

d)         For suggested reference marks, see Section 1225.405(f)(4).

 

Section 1225.830  Reissued Matter

 

a)         Matter brought forward without change from one supplement to another in the same tariff shall be designated as "Reissued" and the supplement number from which it is reissued shown, and the effective date of that supplement.  Except as provided in subsections (b) and (d) of this Section, this shall be accomplished in one of the following ways:

 

1)         The information shall be published with the reissued matter, for example, "Reissued from Supplement 1, effective June 1, 1990", or

 

2)         With the reissued matter, show the number of the supplement for which it is reissued (see Section 1225.405(1)(4)(F); or

 

3)         Under the explanation of reference marks in the supplement, show the supplement number in the brackets or parentheses and explain it, for example, "[1] Reissued from Supplement 1, effective June 1, 1990," or under the explanation of reference marks in the original tariff, show the empty brackets or parentheses with the following or similar explanation:

 

Reissued from supplement bearing the number [enclosed within the square]. To determine its original effective date, see that supplement.

 

b)         If the reissued matter is brought forward from a supplement and its effective date had been changed by another supplement, this information shall be shown as indicated.  This statement shall either be shown directly with the reissued matter, or elsewhere on the same page with the reissued matter referring to it.  The number-in-the-brackets/parentheses method may not be used in this instance.

 

Reissued from Supplement ______, effective ______________, per Supplement ______.

 

c)         Matter in loose-leaf tariffs being brought forward without change from one page to the next revision of that page shall only be referenced when republishing the cancellation of participating carriers as required by subsection (b) of this Section.  The reissue of the canceled carriers may be indicated by:

 

1)         Showing the reference mark with the revision number of the page from which the carrier's names are being reissued; and

 

2)         Publishing under the explanation of reference marks in the tariff, the following or similar note:

 

Reissued without change from the issue of the same page bearing the revision number (number within the brackets/parentheses).  To determine the original effective date see that revised page.

 

d)         If the effective date shown for a provision in the prior supplement or loose-leaf page being canceled is a date later than the general effective date of the new supplement or loose-leaf page in which the provision is being reissued, the number in a reference mark may not be used.  The reference to the prior supplement or loose-leaf page and the later effective date shall be stated in full directly with the reissued provision.

 

Section 1225.835  Changes in the Explanation of Reference Marks and Notes

 

a)         A change in or cancellation of an explanation of a general reference mark or general note or of an item or other provision to which the explanation refers, shall be accompanied by:

 

1)         The republication of all provisions which refer to the reference mark or note;

 

2)         The publication, directly with the changed or canceled explanation, item or other provision, of a list of each tariff provision which refers to the reference mark or note, identifying the provision by item or page number, and supplement number, if any; or

 

3)         The publication, directly with the changed or canceled explanation, item or other provision, of a statement generally describing the effect of the change or cancellation.  if this method is used, a notation shall be made at the top of the page(s) containing the change or cancellation that the page(s) contains a changed or canceled reference mark or note, or tariff provision referred to by the mark or note.

 

b)         If new reference marks are added, they need be explained only in the items where they apply rather than amending the original explanation of reference marks.

 

c)         Two explanations of reference mark provisions may be in effect where the second is used to change or add references and the first remains unchanged.

 

Section 1225.840  Matter Issued Under Decision or Other Authority

 

Amendments published under authority of a Commission decision requiring specific action or a Commission decision or regulation of this Part which permits less than statutory notice or departure from outstanding requirements shall:

 

a)         Refer to the authority and state to what tariff it applies;

 

b)         State the number of days notice authorized (if less than statutory notice); and

 

c)         State the relief authorized.

 

Section 1225.850  Rail Inflation-Based Rate Increases

 

a)         Rail carriers or their agents may publish cost recovery tariffs in master tariff format to provide increases in rail rates and charges as authorized by the ICC pursuant to the provisions of 49 U.S.C. 10712.

 

b)         The increases may apply to joint rates and single-line traffic to the extent adopted by individual carriers.

 

c)         A connecting-link, blanket, other supplement or general tariff item shall connect the affected tariffs to the master tariffs.

 

d)         All publications may be filed upon 1 day's notice, with 2-year expiration dates.

 

e)         Annual, accumulated master tariffs may be published to expire no later than September 30 of the second calendar year following the year in which the tariff became effective, by which date all increases shall be transferred to the base tariffs.  Extension of any expiration dates may, however, be requested.

 

f)         The master tariffs may not be amended except that new or reduced provisions may be published upon 1 day's notice.

 

g)         The terms of Section 1225.920 as to supplemental volume are waived. Blanket supplements shall conform to the terms of Section 1225.930.

 

Section 1225.855  Supplements to Transfer Rate Changes from Master Tariffs or Conversion or Percentage Supplements into Base Rates

 

a)         A supplement (not a conversion supplement) may be filed to a bound tariff for the purpose of incorporating in the base rates all applicable changes effected by the use of a conversion or percentage supplement or a master tariff.  The supplement may contain matter from prior supplements provided those supplements are canceled.

 

b)         The title pages of supplements issued under authority of this Section shall bear an explanation note citing this Section.

 

c)         If different increases or reductions apply on related articles shown in an item or descriptive listing of commodities, the rates may be brought forward into the supplement on the basis of the increases or reductions applying to the predominant article in the item or description, provided a statement is included in the supplement that this has been done.  The rate changes shall be appropriately referenced except as specified in subsection (d) of this Section for exceptions concerning symbolization.

 

d)         Symbolization of the increases and reductions resulting from the normal rounding-off of fractions or from the use of predominant article authority may be omitted in the supplement, providing the supplement is filed on not less than 45 days' notice and the title page of the supplement also bears the following or a similar statement:

 

This supplement contains changed bases of rates, charges and provisions which result in increases and reductions.  The supplement also contains variations in wording which result in no change in the rates and charges.  These changes are not shown by the use of uniform symbols which have been omitted under authority of 92 Ill. Adm. Code 1225:  Subpart I.

SUBPART J: SUPPLEMENTS

 

Section 1225.900  Changing Provisions of a Bound Tariff

 

a)         A supplement may be used to add, delete or change provisions of a tariff.

 

b)         General rules, in addition to rules applicable to tariffs as a whole, are provided in this Subpart.

 

c)         Certain "special supplements" are authorized:

 

1)         Suspension supplements, see Section 1225.1205.

 

2)         Postponing supplements, see Subpart M.

 

3)         Bridge supplements, see Section 1225.925.

 

4)         Blanket supplements, see Section 1225.930.

 

5)         Adoption supplements, see Subpart L.

 

6)         General increase or reduction supplements, see Sections 1225.850 and 1225.935.

 

7)         Cancellation supplements, see Subpart K.

 

Section 1225.905  Designation and Title Page Requirements

 

a)         Supplements to a tariff shall be consecutively numbered.

 

b)         If a supplement is rejected, its number may not be used again, and a supplement issued in its place shall bear the following notation with the supplement designation:

 

Issued in place of Supplement ____, rejected by the Commission.

 

c)         With the supplement identification, the publications the supplement cancels shall be shown, as follows:

 

Cancels Supplement(s) _____.

 

d)         The title page shall list all prior supplements still in effect on the effective date of the supplement, with any special supplements so indicated.

 

e)         A supplement may contain matter having different effective dates provided it is explained on the title page.

 

Section 1225.910  Reference Marks

 

Reference may be made to an item or Section in the original tariff containing the explanations.  See Subpart I governing partial amendment of reference marks.

 

Section 1225.915  Updated List of Items and Units in Effective Supplements

 

Supplements shall contain cumulative lists of items and numbered segments that have been added, changed or canceled by supplement, together with reference to the latest supplement in which each is published.

 

Section 1225.920  Number of Supplements, Pages Permitted, and Duration of Tariffs

 

a)         Except as otherwise provided pursuant to Section 1225.15, the total number of pages of effective regular supplements may not exceed 70 percent of the number of original pages.  There is no separate limit on the number of supplements.

 

b)         The restriction on the number of supplemental pages does not apply to a tariff which is reissued within two years, provided the following notation is shown on the title page of the original tariff:

 

A reissue of this tariff will become effective not later than (The date of the next reissue shall be shown, and the notation may not be changed or canceled.).

 

c)         A supplement may exceed the limitation of subsection (a) of this Section if it is to comply with a Commission order and contains no other matter.

 

Section 1225.925  Bridge Supplements

 

More than one bridge supplement (a publication amending both a bound tariff and its reissue), may be in effect at one time provided the contents are separated as to each tariff and identified as to the tariff being amended showing the item or other segment of each tariff that is being added, changed or canceled.  The limitations of Section 1225.920(a) do not apply.

 

Section 1225.930  Blanket Supplements

 

A blanket supplement (a common supplement issued jointly to two or more tariffs of the same carrier or agent) may be filed if, in addition to compliance with other rules:

 

a)         The number of copies ordinarily required for each tariff supplement is filed; and

 

b)         The supplement contains, under a heading "List Of Tariffs Supplemented Hereby", the number of each supplement and ILLCC designation of each tariff being supplemented.  Any additional provision (such as cancellation notices, items containing matter held in effect, etc.) shall be similarly shown.

 

Section 1225.935  Percentage and Conversion Supplements

 

a)         Percentage supplements

 

1)         A supplement that expresses the amount of change as a percentage by which the rates in a tariff or a portion of the tariff are to be increased or reduced may be filed.

 

2)         The supplement shall show how to compute the increased or reduced rates, how to dispose of fractions, and how to compute multiple-factor rates by use of arbitraries or other means.

 

3)         Subsequent amendments must state whether they are subject to the percentage change.

 

b)         Conversion supplements

 

1)         Conversion supplements may be filed to convert rates in a tariff or a portion of the tariff to a higher or lower level without publishing the items or provisions containing the base rates.

 

2)         Conversion supplements must show the base rates (rates being changed) and the new rates.

 

3)         If all rates that are changed in the tariff are not included in a conversion table, the conversion supplement must show the mathematical procedure or formula to be used in computing the new rates, the procedure for disposal of fractions, and the procedure for computing multiple-factor rates by use of arbitraries or other means.

 

c)         Only one percentage or conversion supplement may be in effect at one time.

 

d)         Percentage and conversion supplements shall expire 2 years after filing.

 

e)         The title page of a percentage or conversion supplement shall state whether the change is an increase or reduction and shall show the expiration date of the supplement.

 

f)         Percentage and conversion supplements shall state the extent to which the supplement is applicable within the tariff and any exceptions.

 

g)         Only matter pertaining to the percentage rate change or conversion may be included in a percentage or conversion supplement.

SUBPART K: CANCELLATION OF TARIFF AND TRANSFER OF PROVISIONS

 

Section 1225.1000  Cancellation of an Entire Tariff

 

a)         Except as provided in subsection (d) of this Section, a tariff shall be canceled by issuing a supplement.  The supplement shall:

 

1)         State on its title page that it cancels the tariff;

 

2)         Refer by ILLCC designation to the tariff(s), if any, which applies in place of the canceled provisions; and

 

3)         Identify provisions being transferred (not discontinued and the tariffs to which they are being transferred.

 

b)         Tariff publications to which a transfer is made shall so indicate.

 

c)         If, in connection with transfer of provisions, a carrier is being added as a participant in an agent's tariff, carrier's name and motor carrier number must be added to the list of participating carriers.

 

d)         When the provisions of a tariff are to be transferred to a new tariff only, issued by the same carrier or agent(s), the cancellation shall be made by the new tariff by showing on its title page or within that it cancels the prior issue.  If some of the provisions of the prior issue are being discontinued, the new tariff shall indicate the tariff(s) containing provisions, if any, which will apply in the place of the prior issue.

 

Section 1225.1005  Cancellation of Part of a Tariff

 

a)         Cancellation of a part of a tariff shall be made by publishing amendments in the regular manner, or by a statement in a special supplement, if:

 

1)         The statement identifies the canceled material (by item, section, or page);

 

2)         Matter being transferred to another tariff(s) is identified and the tariff(s) to which it is transferred is identified;

 

3)         Reference is made to the tariff(s) (if any) which will apply in place of the discontinued matter;

 

4)         Tariff publications to which matter is being transferred indicate the tariff which formerly contained the matter; and

 

5)         The effective date of the canceling supplement and publications(s) effecting any transfer is the same.

 

b)         The special supplement shall remain in effect for the life of the tariff, or, in the case of loose-leaf tariffs, when all the affected pages have been reissued (the reissued pages shall refer to the special supplement for the initial cancellation of the involved provisions).

 

c)         The special supplement to a bound tariff may contain cancellations in the regular manner and is exempt from the supplemental limitations in Section 1225.920.

 

d)         In a bound tariff, a reissue of an item or segment affected by the statement form of cancellation shall specifically cancel the prior item or segment and make reference to the special supplement for the initial cancellation.

SUBPART L: TRANSFER OF OPERATIONS - CHANGE IN NAME, OWNERSHIP, OR CONTROL

 

Section 1225.1100  General Provisions of Subpart L

 

a)         As used in this Subpart:

 

            "Adoption publication" refers to adoption notices, and combination adoption notices and adoption supplements.

 

            "New carrier" refers to the new name of the old carrier or to the party to which the operating authority is transferred; and

 

            "Old carrier" refers to the carrier or party whose name is changed or whose operating authority is transferred;

 

b)         When a carrier's name is lawfully changed or its operating authority transferred, entirely or partly, to a legal entity with a different name or license number, tariff adjustments must be made.

 

Section 1225.1105  Purpose of Adoption Notices

 

a)         Adoption notices shall be filed to reflect new ownership or control, pending the filing of an adoption supplement, when:

 

1)         A carrier's name is lawfully changed;

 

2)         A carrier's operating authority is transferred, entirely or partially, to a legal entity with a different name or license number; or

 

3)         A fiduciary (receiver, trustee, etc.) assumes possession and control of a carrier's property; and when the carrier wishes (for whatever period) to use the old carrier's tariffs.

 

b)         In addition to the adoption notice, an adoption supplement shall be filed to reflect the new carrier's adoption of the old carrier's tariff(s).  The adoption supplement must be filed within 180 days after the adoption notice.

 

Section 1225.1110  When Adoption Notice Only is Required

 

The new carrier shall file an adoption notice, in its own name and in tariff form, if the old carrier has no effective tariffs of its own (or predecessor's) issue to be adopted, but does have rates or other provisions in an agent's or another carrier's tariff(s) to be adopted.

 

Section 1225.1115  Form of Adoption Notice

 

The adoption notice shall be prepared substantially as follows (names and numbers used for illustration only):

MF-ILL.C.C. 1

John Doe Transport, Inc., Adoption Notice

[identify what is adopted and from whom]

Issued:  [show date prepared]

Effective:  [show date]

Issued by [identify publisher and address].

 

Section 1225.1130  ILLCC Designation to be Used

 

The ILLCC designation assigned to adoption notices shall be in the new carrier's series, except that adoption notices filed by a fiduciary or operator of a carrier (under a Commission order authorizing temporary operation pending transfer) shall be in the old carrier's series and the designation shall be identified by naming the old carrier followed by "series."

 

Section 1225.1135  Effective Date of Adoption Publications

 

a)         The effective date of adoption publications is the date the adoption occurs.  Adoption publications shall be filed, if possible, prior to the effective date of the publication.

 

b)         Each agent or carrier to whom the old carrier issued a concurrence or power of attorney being adopted shall be furnished a copy of the adoption publication.

 

c)         If the transfer of operating authority to the new carrier requires approval by the Commission, the effective date of the publication may not be prior to the effective date of the approval.

 

Section 1225.1140  When Name of Old Carrier Need Not Be Shown

 

If a carrier readopts tariffs of its own issue, which had been adopted by another party, it need not identify those tariffs as being in its own series.

 

Section 1225.1145  Temporary Control

 

a)         If a party's authority to assume operating control of a carrier under Section 18c-4301 of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-4301) is not made permanent, the old carrier shall reassume operating control by filing an adoption notice.

 

b)         The effective date of the adoption publication is the date the other party's authority to assume operating control of the carrier expires or is vacated.

 

Section 1225.1150  Fiduciaries

 

a)         When a fiduciary assumes possession or operating control of a carrier, tariff publications and other instruments shall show the name of the carrier, followed by the name and capacity of the fiduciary.

 

b)         Upon termination of the fiduciary's possession or control, the party assuming control of the carrier's property shall comply with the regulations in this Section.

 

Section 1225.1155  Tariffs or Schedules, Concurrences, Powers of Attorney, Contracts, and Special Permissions

 

a)         If an adoption notice is filed under this Subpart, the old carrier's effective tariffs or schedules, concurrences, powers of attorney, and any contracts and special permissions become those of the new carrier upon the filing of the notice and remain effective for a period of 180 days unless canceled, revoked, or replaced by the new carrier.  Within 180 days, new concurrences, powers of attorney, and contracts must be filed by the new carrier.

 

b)         The filing of an adoption supplement shall make tariffs, schedules, and special permissions applicable thereafter to the new carrier, but the new carrier must file new concurrences, powers of attorney, tariffs, schedules, and contracts within 180 days.

 

Section 1225.1160  Tariffs Issued by Other Carriers or by Agents

 

a)         If the old carrier is listed in a participating carrier tariff, the participating carrier tariff shall be amended as provided in Subpart Q.

 

b)         If tariff provisions contained in a tariff not issued in the old carrier's name need to be adopted, and the tariff contains its own list of participating carriers, the tariff shall be amended on lawful notice to reflect the adoption, in the manner required by subsections (c) and (d) of this Section.

 

c)         If adopted entirely, the old carrier's name shall be brought forward and its participation canceled.  Directly with the cancellation shall be reference to a statement substantially as follows:

 

(New carrier's name) by its adoption notice (ILLCC designation) which became effective on (date), is substituted for (old carrier's name) wherever it appears in this tariff.

 

d)         If adopted partially, the old carrier's name may be canceled only if there are no provisions remaining in the tariff for its account.  If not already shown as a participant, the new carrier shall be added.  Directly with the old carrier's name (or cancellation of its participation) shall be reference to a statement substantially as follows:

 

(New carrier's name) by its adoption notice (ILLCC designation) which became effective on (date), to the extent that they contain rates or other provisions applying (describe the authority transferred), is substituted for (old carrier's name) wherever it appears in this tariff.

 

Section 1225.1165  Cancellation of Provisions in Partially Adopted Tariffs

 

a)         Rates or other provisions in a tariff in the old carrier's name, which apply locally and are involved in the partial transfer of authority to a new carrier, shall be canceled and published in tariffs of the new carrier's (or its agent's) issue.

 

b)         Items, units, or loose-leaf pages may not be reissued to effect the cancellation.  Instead, the cancellation shall be made by a statement substantially as follows:

 

Provisions formerly shown in (identify provisions by item number, segment, page, Section, or table) which were adopted by new carrier's name) are canceled.  Apply provisions in (identify provisions by item number, segment, page, Section, or table) of (issuing carrier's or agent's name and ILLCC designation of tariff).

 

c)         The cancellation statement shall be published in a special supplement to the tariff, whether bound or loose-leaf, which:

 

1)         Shall be filed on lawful notice within 120 days of the adoption publication's effective date;

 

2)         Is exempt from limitations on volume of supplemental matter imposed by Section 1225.920.

 

3)         Shall become effective concurrently with the establishment of corresponding provisions for the new carrier's account; and

 

4)         Shall remain in effect for the life of the tariff.

 

d)         Rates and other provisions covering the adopted authority shall be filed on lawful notice on the new tariff(s) to become effective concurrently with the cancellation of the corresponding provisions from the old carrier's tariffs.

 

Section 1225.1170  Reservation of Supplement Numbers for New Carrier's Use

 

To unused supplement numbers shall be reserved for each new carrier's use. One of the numbers shall be assigned to the adoption publication and the other to the cancellation supplement.

 

Section 1225.1175  Subsequent Supplements or Loose-leaf Pages

 

a)         Subsequent supplements or loose-leaf pages to adopted tariffs issued by the old carrier (or its predecessor) shall show the name of the carrier in whose ILLCC designation series the tariff was issued originally, except when the old carrier readopts its own tariff.

 

b)         Subsequent supplements or pages shall be filed by:

 

1)         The new carrier if the tariff was adopted entirely; or

 

2)         The old carrier if the tariff was adopted partially, except as provided in Section 1225.1165.

 

Section 1225.1180  Describe Former Tariff When Canceling

 

When canceling tariffs issued or adopted by the old carrier, the new carrier shall identify the tariffs in the cancellation notice by:  

 

a)         ILLCC designation;

 

b)         Issuing carrier's name; and

 

c)         Reference to the series in which the tariff was published, if the old carrier published tariffs in more than one series.

 

Section 1225.1185  Adoption Supplements Are Non-counting

 

Adoption supplements are exempt from the limitations on volume of supplemental matter as contained in Section 1225.920.

SUBPART M: SUSPENDED MATTER

 

Section 1225.1200  Effect of Suspension

 

When the Commission suspends one or more rate(s), provision(s) or publication(s) as provided in Section 18c-3204(2) of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-3204)(2)), that suspended matter is postponed until the suspension period runs out.

 

Section 1225.1205  Supplement Required for Suspensions

 

a)         A supplement announcing the suspension shall be filed to the involved tariff(s).

 

b)         Two methods of publishing may be used.

 

1)         Issue a separate supplement for each suspension proceeding; or

 

2)         Issue a consolidated suspension supplement which contains notices of all suspension proceedings involving the tariff.

 

c)         Only one consolidated supplement to a tariff may be in effect at one time.

 

d)         The title page of either type of supplement shall:  

 

1)         Identify the Commission's suspension docket number;

 

2)         show an issue date but not an effective date; and

 

3)         Comply with the requirements governing tariff amendments, except as otherwise provided in Subpart M.

 

Section 1225.1210  Contents of Supplement

 

The supplement shall:  

 

a)         Identify the rates, provisions or publications which have been suspended;

 

b)         State that those rates, provisions or publications are

 

"under suspension and may not be used until (here show either the date to which the matter has been suspended, or a later date, or state "this suspension notice is canceled");"

 

c)         Identify the rates, provisions or publications that will apply in place of the suspended matter;

 

d)         Correct the statement of any cancellations which would have the effect of canceling the suspended matter or the matter held in force; and

 

e)         Correct the listing of effective supplements on previous supplements' title pages.

 

Section 1225.1215  Additional Requirements for Consolidated Supplements

 

a)         The consolidated supplement shall provide information for each suspension proceeding.

 

b)         The matter shall be amended and reissued as provided in this Part except as follows:  

 

1)         If it is necessary to issue a publication to reflect changes in a corrected decision of the Commission, the supplement shall be reissued and explained with the appropriate changes made.

 

2)         If the suspended matter is made effective, canceled, or reissued the involved matter shall be canceled (as provided in this Part) in the same supplement as the change or reissue of the suspended matter.

 

3)         If the suspended matter becomes effective because of the expiration of the suspension or postponement period, the explanatory matter shall be canceled (as provided in this Part) in the next regular supplement to the tariff.

 

Section 1225.1220  Additional Requirements for Separate Suspension Supplements

 

a)         Separate supplements announcing individual suspensions to a bound tariff shall be canceled by:  

 

1)         The supplement containing the change or reissue of the suspended matter; or

 

2)         The next regular supplement if the suspended matter becomes effective because of the expiration of the suspension or postponement period.

 

b)         Separate supplements announcing individual suspensions to a loose-leaf tariff shall be canceled by reissuing the check sheet with an effective date concurrent with the change or reissue.

 

c)         Suspension information may not be canceled in full unless all of the involved matter under suspension is canceled, becomes effective or is reissued.

 

Section 1225.1225  Extension of Suspension Period

 

If the Commission extends the suspension period, the suspension notice shall be republished, canceling the first notice, and the statements adapted to the new action taken, with reference to the facts of the first suspension as provided in Section 18c-3204(2) of the Law.  Subsequent handling of the matter shall proceed as prescribed for suspension matters in this Subpart.

 

Section 1225.1230  Suspended Matter Reissued Prior to Notice

 

If suspended matter has been reissued prior to the filing of the explanatory notice, the notice shall cancel (by statement) the reissued matter.  The cancellation statement shall have the same effective date as the reissued matter.

 

Section 1225.1235  Changed Suspended Matter

 

If suspended matter has been changed prior to the filing of a suspension notice, the matter shall be republished in the regular manner to remove any violation of the suspension decision, as provided in Section 1225.1240. Also see Section 1225.1250.

 

Section 1225.1240  Reissuing Suspended Matter After Notice

 

a)         If a suspension notice has been filed, the matter under suspension and the matter held in force by reason of the suspension may be reissued (without change) in the regular manner provided the explanatory notice is brought forward from the suspension supplement.

 

b)         If suspended matter or matter held in force is reissued, the publication shall be made in a manner that insures that if the suspension or postponement period ends, the matter held in force is canceled or superseded by the effectiveness of the suspended matter.

 

c)         Original tariffs or supplements containing reissued suspended matter shall identify the suspended matter.

 

Section 1225.1245  Postponement of Suspended Matter

 

a)         A postponement notice may be filed at any time on 1 day's notice during the suspension period, provided:  

 

1)         It becomes effective prior to the end of the suspension period;

 

2)         It states that the postponed matter may not be used during the postponement period; and

 

3)         The specific date to which the matter is postponed is shown, or the statement "postponed until this notice is canceled" is shown.

 

b)         Suspended matter postponed to a specific date may be further postponed if done prior to the end of the previous postponement period, and the previous notice is canceled.

 

c)         The postponement notice may be canceled at any time after the end of the suspension period.

 

Section 1225.1250  Changes and Cancellation During the Suspension Period

 

Suspended matter or matter held in force may be changed or canceled during the suspension period, as follows:  

 

a)         Suspended matter may be canceled in whole or in part on 1 day's notice if:  

 

1)         The cancellation is to become effective prior to the end of the suspension (or postponement) period, or the effective date of a final decision in the proceeding, whichever is earlier; and

 

2)         At the time of filing, all parties of record and the Commission, shall be notified (with reference to the involved docket number) of the tariff publication(s) and its effective date.  The notice to the Commission shall certify that the parties of record have been notified, and a copy of that notice (if in writing) shall be sent with the tariff publications submitted for official filing.

 

b)         When suspended matter is canceled, it may not be republished to become effective on less than statutory notice, absent special permission.

 

c)         The matter held in force shall be republished (without change) in the same publication containing, and concurrently with, the cancellation of the suspended matter if the matter held in force:  

 

1)         Is in the same tariff as the suspended matter and was to be specifically canceled by it; or

 

2)         Is in a prior issue of the tariff containing the suspended matter.

 

d)         Cancellation of suspended matter in a bound tariff shall be made in a supplement.  Cancellation of suspended matter in a loose-leaf tariff shall be made by loose-leaf page amendment, unless the tariff only contains the suspended matter, then cancellation shall be made by supplement.  If a tariff contains only the suspended matter (or if the suspended matter is a conversion supplement), the cancellation may be made by publishing a notice of cancellation in the supplement, and either bringing forward the matter held in force, or referring to its location.

 

e)         Postponement provisions shall be canceled concurrently with, and on the same notice as, the cancellation of the suspended matter.  The postponement provisions shall be canceled in the same supplement as the cancellation of the suspended matter, or, if cancellation of the suspended matter is by loose-leaf page amendment, by the check sheet.

 

Section 1225.1255  Commission Vacates Suspension or Finds Suspended Matter Justified

 

a)         If the Commission vacates a suspension or finds the matter justified, the suspended matter may be made effective on 1 day's notice, but not earlier than the effective date of the Commission's decision.

 

b)         Suspended matter in a bound tariff, or nonreissued suspended matter in a loose-leaf tariff, may only be made effective by publishing a notice in a supplement to the tariff.  Reissued suspended matter in a loose-leaf tariff may only be made effective by publishing a notice on a reissue of the involved page(s).  The notice shall identify the suspended matter, state the effective date, and cancel any postponement notice.  If the suspended matter was to specifically cancel the matter held in force in the same tariff, or the matter held in force was to have expired, the matter held in force shall be specifically canceled with the same effective date and on the same notice.

 

c)         If a new tariff had provided for cancellation of another tariff, but that cancellation was nullified because of the suspension, the other tariff shall be canceled by a statement in a supplement to the new tariff. Otherwise, if a tariff contains only matter held in force by the suspension and the matter is required to be canceled, the cancellation of the tariff shall be made by supplement to that tariff.

 

d)         Changes or additions to a tariff containing matter held in force because of the entire suspension of another tariff may be brought forward without change into the other tariff.  The publication shall be by supplement to a bound tariff and by loose-leaf page amendment to a loose-leaf tariff.  If this is done, the tariff containing the matter held in force shall be concurrently canceled by supplement.

 

Section 1225.1260  Suspended Matter Ordered Canceled

 

If suspended matter is ordered canceled, the cancellation may be made on 1 day's notice, unless otherwise ordered pursuant to Section 1225.15

 

Section 1225.1265  Exemption from Volume Restrictions

 

Tariff amendments required or permitted to be filed and matter held in force under the authority of this Subpart are, for the life of the tariff, exempt from the provisions of Section 1225.920 pertaining to the volume of effective supplements or loose-leaf page amendments.

 

Section 1225.1270  Reference to Commission Suspension Decisions

 

Publications issued under authority of this Subpart shall refer to this Subpart and to the investigation and suspension docket number.

 

Section 1225.1275  Court Orders

 

Restraining orders, injunctions, or other court orders having the effect of suspending the operation of tariff provisions shall be reflected in tariffs in the same manner as suspension decisions.

SUBPART N: COMMISSION PRESCRIPTION OF PUBLICATION

 

Section 1225.1300  Rates or Other Provisions Prescribed By the Commission

 

If the Commission requires publication of certain rates or provisions, a carrier or agent shall:  

 

a)         Publish the rate or provisions on statutory notice, unless otherwise specifically authorized, with reference in the tariff publication to the decision in the manner required by this part;

 

b)         Notify the Commission when the decision has been complied with, referring to the docket number of the decision; and

 

c)         Identify, in the notice of compliance, the item, page, supplement and tariff where the complying provisions are published.

SUBPART O: EXPIRATION DATES

 

Section 1225.1400  How and When Expiration Dates Are to be Shown

 

a)         An original tariff or a supplement may be shown to expire by placing the following on the title page:  "This tariff (supplement) expires with (here show date) unless sooner canceled, changed, or extended."

 

b)         An expiration date of an original tariff or a prior supplement may be added or changed in a supplement by providing an explanatory statement on the title page.  If the supplement is reissued, the amended or added expiration date statement shall be reissued in the regular manner.

 

c)         An item or other part of a tariff may be shown to expire by publishing the following statement within the item:  "Expires (here show date)."

 

d)         Matter may also be shown to expire by referencing it with a reference mark which shall be explained as "Subject to the expiration date shown in item (here show expiration date item number)."  The expiration date item, reserved for this purpose only, shall identify the matter referred to and show the expiration dates. 

 

Section 1225.1405  Extension of Expiration Dates

 

An expiration date may be canceled or extended to a later date.  However, the extension may not be made effective after the expiration date.  Also see Subpart M.

SUBPART P: OPERATING AUTHORITY DESCRIPTIONS

 

Section 1225.1500  Tariffs Listing Carriers' Operating Authority Applicable to Motor Carriers of Property

 

a)         A separate tariff containing a description of carriers' operating authorities (a "scope" tariff) may be filed.  A scope tariff shall contain a statement explaining that the application of rates and provisions in tariffs governed by it is limited to the extent of the carrier's operating authority published in the scope tariff.

 

b)         A description of the carrier's operating authority may not be used as a substitute for describing commodities or territories for rate application.

 

c)         If rate tariffs are governed by more than one scope tariff, each scope tariff shall be referred to in the rate tariff as a governing publication.

 

d)         A scope tariff may be combined with a participating carrier tariff, a rate basis tariff, and/or a rules tariff.

 

e)         A scope tariff shall contain the certificated name of the carrier, the motor carrier number as assigned by the Commission, and the complete operating authority as granted by the Commission.

SUBPART Q: PARTICIPATING CARRIER TARIFFS

 

Section 1225.1600  Separate Tariffs May Be Filed By Agents

 

a)         An alphabetical list of carriers participating in agent's tariffs, along with a description of the under-lying tariffs, may be filed in a separate tariff (not a rate tariff).  The title page of the participating carrier tariff shall state that it applies only in connection with tariffs referring to it.  If the tariff governs tariffs issued jointly by two or more agents, it shall be a joint issue (see Section 1225.300).

 

b)         Except for statements explaining the extent of carriers' participation in governed tariffs (for example, only for local hauls or only for joint hauls) the tariff may not contain provisions governing rate application.

 

Section 1225.1605  List of Carriers

 

a)         The list of participating carriers shall be constructed in the manner required by this Part.  Carriers' motor carrier numbers may be shown directly with the carriers' names.

 

b)         All governed tariffs in which a carrier participates shall be referred to by ILLCC designation directly with the carrier's name.  The participation of all carriers in the participating carrier tariff may be provided by a statement, rather than listing the tariff designation with the carriers' name.

 

Section 1225.1610  List of Tariffs

 

An agent's participating carrier tariff shall contain a current and correct list of its tariffs, including those which contain their own list of participating carriers or which are issued jointly with another agent(s). If the participating carrier tariff is a joint issue, only the tariffs of the principal agent need be listed.  The tariffs shall be listed in numerical order.  Each tariff listed shall be described so that its general application may be determined without examining the tariff itself.

 

Section 1225.1615  Cancellation of Participating Carriers

 

a)         Except as provided in Section 1225.1625, when a carrier's participation in a participating carrier tariff or governed tariff is canceled, all reference to the carrier in the involved tariff(s) shall be canceled.

 

b)         The cancellation may be accomplished either by:  

 

1)         Amending all matter to eliminate reference to the carrier; or

 

2)         Publishing a blanket cancellation notice.  The blanket cancellation shall be published in the participating carrier tariff and shall be referred to in the cancellation of the carrier's name.  A provision referring to the canceled carrier may not be republished without concurrent cancellation of the reference to that carrier and all matter shall be amended.

 

c)         In a bound tariff the canceled carrier's name (and reference to the blanket cancellation notice, if used) shall be carried forward as reissued matter in the list of participating carriers.

 

d)         In a loose-leaf tariff, the carrier's name (and reference to the blanket cancellation notice, if used) and the date the cancellation became effective shall be republished in successive issues of the list of participating carriers until all provisions referring to the carrier are amended.

 

Section 1225.1620  Reinstatement of Participating Carriers

 

If a carrier's participation is canceled and reinstated at a later date, the tariff shall so explain.  This explanation shall be referred to directly with the reinstated carrier's name until the participating carrier tariff is reissued.

 

Section 1225.1625  Adoptions

 

a)         If a carrier adopts another carrier, wholly or partially, the adoption shall be announced and explained in the participating carrier tariff.  This announcement shall be continued in the tariff and reissues until a carrier adopted wholly is no longer referred to in any provision of the governed tariffs, and until a carrier adopted partially is no longer referred to in those provisions in the governed tariff affected by the partial adoption.

 

b)         The name of a wholly adopted carrier shall be canceled from the list of participating carriers.  The name of a partially adopted carrier may not be canceled from the list of participating carriers unless its remaining rates and provisions are not published in the agent's tariff(s).  Reference to the adoption and the cancellation shall be continued until the participating carrier tariff is reissued.

 

Section 1225.1630  Participating Carrier Tariff May Include Other Provisions

 

Provisions authorized to be published in a routing guide, points of service, or a scope tariff, may be published in a participating carrier tariff provided application of each category is stated.

SUBPART R: RATE BASIS TARIFFS

 

Section 1225.1700  Separate Tariffs May Be Filed

 

Rate groups or rates bases for determination of rates between points named in the rate tariff may be filed in a separate tariff.  The tariff may contain routing and operating authority provisions, waybilling instructions and divisions.  No tariff may be governed by more than two rate group or rate basis tariffs, one for origin points and one for destination points.

 

Section 1225.1705  Points and Rate Group or Basis to be Listed

 

Railroad basing tariffs shall list the location of each station or refer by ILLCC designation to a station list tariff.  Directly with each point listed shall be published either its assigned rate group or reference to an item providing that information.  Exceptions to the rate group shall be published.

 

Section 1225.1710  Arbitraries or Differentials

 

Amounts to be added to ("arbitraries") or subtracted from ("differentials") base rates may be published either directly with each point or in an item referred to directly with each point.  Provisions governing arbitraries or differentials which differ from those governing the base rates shall be referred to directly with the arbitraries or differentials (see Section 1225.505).

SUBPART S: MISCELLANEOUS TARIFFS

 

Section 1225.1800  Classification Tariffs

 

a)         A classification of commodities may be published as a separate tariff. The classification shall list the various commodities and assigned class of each.  What ever organization is used within the tariff shall be stated.

 

b)         Rules having general application may be published in a classification. The rules shall precede the itemized list of articles.

 

Section 1225.1805  Exceptions Tariff

 

a)         Exceptions to the classification provisions may be published in a separate tariff.

 

b)         Exceptions tariffs shall be published as required by this Part governing tariffs content generally.  The title page shall contain the following statement:  

 

The tariff applies only in connection with tariffs referring to it by ILLCC designation.

 

c)         For substantive requirements applicable to motor carriers of property, see 92 Ill. Adm. Code 1300.

 

Section 1225.1810  Rules Tariffs

 

Governing provisions may be published in a separate tariff or tariffs provided the application and any exceptions are specifically stated.

 

Section 1225.1815  Dangerous Articles Tariffs

 

The United States or Illinois Department of Transportation's regulations governing the acceptance and transportation of dangerous articles and hazardous materials may be reproduced and filed in a separate tariff (See Section 1225.405(f)(4)).

 

Section 1225.1820  Participation in Governing Publications

 

Carriers participating in tariffs which refer to and are governed by separate tariffs (classifications, exceptions, rules etc.) shall also participate in those governing separate tariffs, unless specifically stated in the governed tariffs that provisions in the separate tariffs will not apply for their account.  This does not require participation in local drayage tariffs or in terminal and special services tariffs applicable only for the issuing carrier.  Carriers participating in a rate tariff solely to provide substituted service at another carrier's options need not participate in the governing tariffs.  See Section 1225.2505.

 

Section 1225.1825  List of Stations Showing Facilities, Additions and Abandonments

 

a)         A tariff publication may be filed containing a list of stations with the railroad location of each, alphabetically and geographically arranged with index numbers, prepay requirements, station facilities, additions of stations, abandonments of stations, changes in names of stations, and restrictions as to acceptance and delivery of freight.  No rates or charges and no matter that will in any way increase or decrease the rate or charge in tariffs making reference to this publication may be shown.  Changes in the tariff may be made on not less than 1 day's notice, except that announcement of the restrictions as to the acceptance or delivery of freight shall be made effective on not less than statutory notice.

 

b)         Changes made on less than statutory notice under the authority of this Section shall state that they are so made.

 

c)         Rate tariffs that are to be governed by the separate tariff publication shall so state, and their application clearly explained.

 

d)         When a station has been abandoned as of a date specified in the tariff authorized by this Section, the rates from or to the station are inapplicable and shall be eliminated in the next amendment of the rate tariffs.

 

1)         When the elimination is made by supplement, the following notation shall be used:  

 

"Eliminate (here show station name) − station abandoned.  For effective date see (the governing tariff issued under this Part)."

 

2)         This notation must be continued in connection with the name of the station as long as the tariff remains effective, and indicated as a reissue from the supplement in which it was first published, but without stating the effective date of the supplement.

SUBPART T: ACCESSORIAL, TERMINAL AND OTHER SERVICES

 

Section 1225.1900  General Rules

 

Carriers or their agents shall publish and file with the Commission all rules and charges governing accessorial services, terminal services, allowances, absorptions, and other practices or privileges.  The rules governing the rate, if any, shall be stated separately.  The amount of the charges shall be included or the method of determining the charges if the carrier is acting as collection agent for a third party or is advancing payment, e.g., as for tolls, ferry charges, and special permits.

 

Section 1225.1905  Method of Publication

 

a)         Rules and charges referred to in Section 1225.1900 may be published either in:  

 

1)         The line-haul rate tariff;

 

2)         Separate tariffs which are referred to in the rate tariff by specific ILLCC designation; or

 

3)         Separate tariffs combined with a clause in the rate tariff which identifies the services offered in connection with the rate and indicates that other tariffs of the carrier contain the application charges.

 

b)         A rate tariff issued in a carrier's name may refer to its agent's terminal services tariffs as well as its own, provided application of the various tariffs is stated.

 

Section 1225.1910  Pickup and Delivery Service

 

a)         When applicable to a carrier's service, rates shall specify whether rates include pickup and delivery and, if so, the relevant geographic area, and governing conditions.

 

b)         If pickup and delivery service is performed beyond the limits of the point at which the rate applies, the larger area shall be described in the rate tariff.

 

Section 1225.1915  Switching Charges

 

a)         This Section applies only for railroads.

 

b)         Carriers performing switching service on intrastate shipments shall file a tariff or tariffs containing their charges for that service.  The switching tariff shall name the stations, warehouses, teams or industrial tracks, or other points at which shipments will be received or delivered within the switching limits, or shall otherwise clearly define the switching limits.  Charges may be published in more than one tariff, provided application of each is clear.  The tariff shall explain the amount to be paid by the shipper and the amount to be absorbed, as applicable.

 

c)         Absorption provisions shall be published in a rate, switching or absorption tariff of the line haul carrier and all provisions on the same tariff shall be published only in one tariff, except as provided in subsection (e) of this Section.

 

d)         The carrier whose charges are absorbed and the amount absorbed shall be stated.  If charges are partially absorbed, the rate tariff shall state that the unabsorbed charges will be in addition to the line haul charges.

 

e)         If absorption provisions are published in a switching or absorption tariff, exceptions to those provisions may be published in rate tariff.  If published, the exception and the general absorption provision shall each state that the provisions in the rate tariff are exceptions to, and apply in place of the general absorption provisions.  The exceptions provisions need not name the carrier whose charges are absorbed.

SUBPART U: RELEASED RATE PROVISIONS

 

Section 1225.2000  Rates and Liability Based on Value Provisions

 

Released rate provisions established by authority of the Commission shall be published in the same tariff as the matter they govern.  The tariff shall, to the extent required by Section 18c-4804 of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-4804), refer specifically to an action of the Commission pursuant to 92 Ill. Adm. Code 1385.

SUBPART V: DISTANCE RATES

 

Section 1225.2100  Distance Rates May Be Filed

 

Distance or mileage (hereafter referred to as distance) class or commodity rates may be filed.

 

Section 1225.2105  Method of Showing Distances

 

Distance rates may be published to apply per vehicle per mile, or other unit per mile, or by establishing a rate table or segment showing a scale of distances for which charges will be applied.  If the latter method is used, a rate shall be provided for each distance.  Points covered by the application of the rates shall be identified.

 

Section 1225.2110  Determination of Distances

 

a)         A tariff containing distance rates shall contain provisions for the determination of distances by:  

 

1)         Publishing the distances between all locations covered by the distance rates in the tariff; or

 

2)         Referring to a distance guide(s).

 

3)         Referring to the Illinois Highway Map issued by the Illinois Secretary of State or by use of odometer miles for the express purpose of determining distances for length of haul.  Application of this Part is restricted to the following commodities:  

 

A)        Farm products and agricultural commodities, grown, raised or produced on a farm, including but not restricted to fruits and vegetables, produce, poultry, milk, cream, grain, beans, seed, hay straw, tobacco and livestock for transportation from farm to farm, from farm to elevator or from farm to market when such transportation is not in excess of 50 airline miles and within the carrier's base-point radius authority.

 

B)        Farm and agricultural supplies, other than commodities which are common to both urban and farm living, for delivery to a farm when such transportation is not in excess of 25 airline miles and within the carrier's base-point radius authority.

 

C)        Dry fertilizer in bulk or bags for transportation and delivery to a farm, when such transportation is not in excess of 50 airline miles and within the carrier's base-point authority.

 

D)        Coal for transportation from mine to farm when such transportation is not in excess of 50 airline miles and within the carrier's base-point authority.

 

E)        Sand, gravel, stone, limestone, rock, dirt and fill for transportation from a yard, pit or quarry to a farm or job site when such transportation is not in excess of 50 airline miles and within the carrier's base-point authority.

 

F)         Household goods and personal effects for transportation from one farm to another within a 25 mile radius of the base-point named in the carrier's certificate.

 

b)         Except as provided in Section 1225.405(e)(2), only distance guides officially on file with the Commission may be referred to.  More than one may be referred to provided the rate tariff states the circumstances under which each guide will apply.  An agent's tariff may refer to another agent's distance guide to the extent that the carriers on whose behalf the first agent acts are subscribers to the other agent's distance guide.

 

c)         Distance guides shall provide distance tables or combinations of tables and maps.

 

1)         Tables shall provide specific distances between rate points and be shown as having precedence over the distances determined by the use of maps.

 

2)         Each guide shall provide rules stating its application.  The rules shall include a means for determining distances between all locations within the territorial coverage of the guide, regardless of whether all the locations are shown in the guide or whether distances are shown between all locations.

 

3)         If distances between certain points or areas are to be determined only through a certain gateway or interchange point, those points or areas and the gateway interchange point shall be identified.

 

4)         Distance guides may exceed the maximum size limitations imposed by Section 1225.65 but may not exceed 14½ by 17½ inches in size.

 

5)         If maps are referred to, the rate tariff shall include a rule specifying the manner in which distances are obtained from maps.  The rule shall include a definite means for determining distances between all locations within the territorial coverage of the rates, regardless of whether or not all the locations are shown on the map and regardless or whether or not actual distances are shown between all locations.

 

d)         Railroad distance rate tariffs or distance guides shall also provide:  

 

1)         A list of the points between which the rates apply;

 

2)         The shortest distances between those points;

 

3)         An indication of which of those points are junction points where traffic may be interchanged without transfer of the lading; and

 

4)         The names of the connecting carriers at each of those junctions.

 

e)         A rail carrier or its agent may file a separate tariff containing the information required by subsection (d) of this Section to govern local rates.  The distances shall be shown:  

 

1)         From each point to each point;

 

2)         From each point to each junction point; or

 

3)         From each junction point to each other junction point and from each point to the nearest junction point in each direction.

 

f)         An agent may file a separate tariff to govern joint rail rates.  The distances shall be shown from each junction point to each other junction point and from each point to the nearest junction point in each direction. The latter distances need not be shown if the rate tariff refers to local distance tariffs of each carrier which contain the distances.

SUBPART W: COMMODITY RATES

 

Section 1225.2200  Commodity Rates Determined by the Use of Rate Base Numbers − Common Carriers of Property

 

a)         This Section applies only for common carriers of property.

 

b)         "Column commodity rates" or "commodity rate column" shall be the terms used in captions for, and references to, commodity rates determined by use of rate base numbers or other basing systems.  The basing system shall be in the same or other tariffs.

SUBPART X: APPLICATION OF RATES FROM OR TO INTERMEDIATE POINTS

 

Section 1225.2300  Scope of Subpart X

 

This Subpart does not apply to pipelines, contract carriers, or on irregular route motor common carrier authority.

 

Section 1225.2305  Intermediate Application of Rates

 

Tariffs may publish rules to provide for the application of rates from or to points located between origins and destinations from or to which the rates apply.

 

Section 1225.2310  Rules Under This Subpart Must Be Complete

 

The rules must be specifically stated and complete.  The rules shall give consideration to situations where branch or diverging routes or points are involved.  The rules shall also specifically provide for the application or nonapplication of effective rates specifically applying from or to the intermediate points.

 

Section 1225.2315  Intermediate Point Rules to be Published in Connection with Regular-route Authority

 

A statement shall be published indicating under what circumstances, if any, the rules will apply for off-route points, and for points located on either side of the highway which may be served under the authority of the carrier's certificate.

SUBPART Y: MISCELLANEOUS RATES

 

Section 1225.2400  Class Rates from or to Unnamed Points Applicable Only to Motor Carriers of Property

 

If the class-rate intermediate rule is not used or will not cover all unnamed points a carrier may serve, a rule describing how to compute rates on unnamed points shall be published.  Application of the various rules, if more than one is used, shall be stated.

 

Section 1225.2405  Continuous Service Rates

 

a)         Applicability

 

1)         This Section does not apply to motor carriers of property unless the Commission has granted a special permission.

 

2)         This Section does not apply to motor carriers of passengers.

 

b)         Rates may be filed which are published to apply when carrier's equipment is used exclusively by and in the continuous service of a single shipper during a specified period of time.  All necessary definitions and conditions shall be provided.

 

c)         If other than regulated intrastate traffic is used to meet the continuous use requirements, the tariff shall so state and explain all requirements.

 

d)         Continuous service periods may not begin prior to the effective date of the tariff.

 

e)         The tariff shall provide for other charges if the continuous service conditions are not met.  Provisions may be published for the execution of an indemnity bond to guarantee payment.  If charges are required to be collected for a deficit in the minimum charge or for any time during the period the equipment is not used, it shall be clear what rate is to apply on the deficit or nonuse.  Consideration shall also be given as to whether the deficit or the nonuse rate will change (e.g., through general increase) during the period.

 

f)         The tariff shall provide that the carriers will keep complete and accurate records of the movements, that the information in these records will be available to the shipper and where and when it will be available.

 

g)         The tariff shall state whether and how the rates or conditions will be revised and the procedure to use due to disabilities such as strikes, breakdown of equipment, fire, etc., identifying the disabilities and indicating the rate or condition revisions.

 

h)         Provisions may be published permitting discontinuance during the period for specified reasons.  The provisions shall clearly state any penalty charge and the amount to be assessed for the discontinuance privilege.

 

i)          Retroactive application of tariff amendments is not permitted.

 

Section 1225.2410  Time-volume Rates

 

a)         This Section does not apply to passenger carriers.

 

b)         Rates may be filed which are published to apply only when a specific quantity of freight is shipped by a consignor or received by a consignee during a specified period of time.  All necessary definitions and conditions shall be provided.

 

c)         If other than regulated intrastate traffic is used to meet the time-volume service requirements, the tariff shall so state and explain all requirements.

 

d)         Time-volume periods may not begin prior to the effective date of the tariff.

 

e)         The tariff shall provide for other charges if the time-volume conditions are not met.  Provisions may be published for the execution of an indemnity bond to guarantee payment.  If the tariff provides for the collection of charges on a deficit, consideration shall also be given as to whether the deficit rate will change (e.g., through general increase) during the period.  If charges are required to be collected for any deficit in weight between the actual weight of a particular shipment and the minimum weight on which charges for that shipment are assessed as the volume shipments move, the tariff shall so provide.

 

f)         The tariff shall provide that the carrier(s) will keep complete and accurate records of the movements, that the information will be available to the shipper and where and when it will be available.

 

g)         The tariff shall state whether and how the minimum quantity requirements will be reduced and the procedure to use due to disabilities such as strikes, breakdown of equipment, fire, etc., identifying the disabilities and indicating the rate or condition revisions.

 

h)         Provision may be published permitting discontinuance for specified reasons.  The provisions shall clearly state any penalty charge and the amount to be assessed for the discontinuance privilege.

 

i)          Retroactive application of tariff amendments is not permitted.

 

Section 1225.2415  Unit of Time Rates

 

a)         This Section is applicable only to motor carriers of property.

 

b)         For contract carriers, schedules containing unit of time rates shall be published and filed subject to the following conditions and limitations.  The carriers shall:  

 

1)         file all schedules in compliance with the Law and this Part;

 

2)         use the following wording in all rate items to which it applies:  "Exclusive use of vehicle ordered and payment of charges guaranteed by shipper";

 

3)         file a valid contract with this Commission in the name of each shipper for which unit of time rates are applicable;

 

4)         cause all vehicles to be placarded with shipper's name and address, or cause each driver operating under unit of time rates to have in his possession documents to ascertain commodities, origin, and destination of those commodities being carried on his vehicle;

 

5)         cause each driver to complete a Daily Vehicle Log bearing the following minimum information:  

 

A)        Driver name

 

B)        Vehicle information

 

C)        Start time

 

D)        Finish time

 

E)        Time not attributable to said account and reason; and

 

6)         maintain Daily Vehicle Logs for at least 3 years including replacement and additional vehicles as well as driver time records and such billing papers, maintained so that it can be determined that the shipper is being billed and is paying at the applicable rates.

 

c)         For common carriers, tariffs containing unit of time rates shall be published and filed subject to the following conditions and limitations. Carriers shall:  

 

1)         file all tariffs in compliance with the Law and this Part;

 

2)         use the following wording in all rate items to which it applies:  "Exclusive use of vehicle ordered and payment of charges guaranteed by shippers";

 

3)         cause all vehicles to be placarded with shipper's name and address, or cause each driver operating under unit of time rates to have in his possession documents to ascertain commodity origin, and destination of those commodities carried on his vehicle;

 

4)         cause each driver to complete a Daily Vehicle Log bearing the following minimum information:  

 

A)        Driver name

 

B)        Vehicle information

 

C)        Start time

 

D)        Finish time

 

E)        Time not attributable to said account and reason;

 

5)         maintain Daily Vehicle Logs for at least 3 years including replacement and additional vehicles as well as driver time records and such billing papers, maintained so that it can be determined that the shipper is being billed and is paying at the applicable rates.

 

d)         Common carriers filing unit of time rates under the authority of this Section must ensure their common carrier obligations by adhering to the following requirements.  Tariff rate items must be:  

 

1)         applicable to a named commodity(ies) and/or to utilization of specific types of equipment and not a named shipper(s), origin(s), or destination(s); and

 

2)         held out to all shippers for the named commodity(ies) within the individual scope of authority.

 

e)         Unit of time rates which duplicate or conflict with any other exclusive use of vehicle provisions will be rejected.

SUBPART Z: SUBSTITUTION OF SERVICE

 

Section 1225.2500  Scope of Subpart Z

 

Sections 1225.2505 through 1225.2520 only apply to property carriers.  The provisions of this Subpart may not be used in connection with joint rates and provisions for which concurrences are in effect unless they so provide.

 

Section 1225.2505  Substituted Service May Be Provided

 

a)         If a rail or motor carrier (hereafter referred to as Carrier A) desires to have the option to substitute the services of a carrier of a different transportation mode (hereafter referred to as Carrier B) for part of its movement of a shipment, it may do so subject to the requirements of this Subpart.

 

b)         Either the rate tariff or a governing tariff shall contain the substituted service provisions.

 

c)         A separate tariff entitled "Substituted Freight Service Directory" may be filed, governing the rate tariff(s), provided it contains only matter relating to the substituted service.

 

Section 1225.2510  Service Conditions

 

Substituted service provisions may be published if:  

 

a)         The shipment moves on the bill of lading that would be used if Carrier A was performing the service;

 

b)         Carrier A assumes the responsibility for the lading while it is in the possession of Carrier B; and

 

c)         Movement of the lading has been made prior to, or will be made subsequent to, the service performed by Carrier B.

 

Section 1225.2515  Tariff Conditions for Substituted Service

 

a)         The tariff provisions for substituted service shall include:  

 

1)         The name of Carrier B;

 

2)         The points between which the substituted service will be performed;

 

3)         A statement that the rate applicable via Carrier A will apply; and

 

4)         A statement that the substituted service will not be performed if the shipper advises the carrier that it does not want service to be substituted.  Carrier B does not need to be shown as a participant in Carrier A's rate or governing tariffs, nor in the routing provisions.

 

b)         When publishing substitution of trailer-on-flatcar service for motor service, tariffs need not show the rail carrier's name or points of interchange with the rail carriers.

 

Section 1225.2520  Changes in Tariff Provisions for Substituted Service

 

Additions, deletions and other changes in substituted service provisions (not rates) may be made on 1 day's notice.

 

Section 1225.2525  Optional Honoring of Ticket Arrangements

 

a)         This Section only applies to passenger carriers.

 

b)         Provisions may be published affirming an agreement of two or more carriers for the acceptance by one carrier of a ticket sold over the route of another carrier.  The carriers' names shall be shown, along with the names of the points between which the tickets will be honored, and any restrictions or exceptions stated.

SUBPART AA: MISCELLANEOUS PROVISIONS WHICH MAY BE FILED ON LESS THAN STATUTORY NOTICE

 

Section 1225.2600  Restorations of Carrier Participation

 

Amendments to restore a carrier's participation in a tariff may be filed on 5 days' notice, provided the relisting of the carrier is indicated to become effective not later than the date the cancellation was published to become effective.

 

Section 1225.2605  Amendment of Participating Carrier List in a Classification or Dangerous Articles Tariff

 

Additions, corrections and other changes to the list of participating carriers in classifications and dangerous articles tariffs may be made on 1 day's notice.  This authority may not be used to cancel the participation of a carrier.

 

Section 1225.2610  Extension of Expiration Dates or Postponement of Effective Dates of Comeback Provisions

 

Amendments to extend the expiration dates of provisions, and to postpone the effective date of comeback provisions (provisions which are paired with and published to supersede those indicated to expire with the preceding day) may be published on 1 day's notice, provided no change is made in the extended or postponed provisions.

 

Section 1225.2615  Effective Dates Under This Subpart

 

The effective date of a publication, rate, or provision may be postponed on 1 day's notice.

 

Section 1225.2620  Round Trip Excursion Fares

 

a)         This Section applies only to passenger service.

 

b)         Fares for a round trip excursion limited to a designated period may be established upon posting and filing the tariff with the Commission on 1 workday's notice.

SUBPART BB: CLAIMS RULES

 

Section 1225.2700  Claims Rules

 

a)         This Section is not applicable to Section 1225.405(e)(2).

 

b)         Each carrier or its agent shall file with the Commission its rules and practices with respect to:  

 

1)         Loss or damage to property; and

 

2)         Overcharge, duplicate payment or overcollection of freight charges.

 

c)         The rules and regulations shall be published in a rate or rules tariff, a classification, or in a separate tariff, or the tariff may refer to the relevant provisions.

 

d)         Provisions filed under this Section must conform to the requirements of 92 Ill. Adm. Code 1226.15.

SUBPART CC: CONTRACTS AND SCHEDULES OF MOTOR CONTRACT CARRIERS OF PROPERTY

 

Section 1225.2800  Contracts to be Filed

 

a)         One current copy of a signed bilateral and continuing contract must be on file with the Commission for each contracted transportation service.

 

b)         A separate schedule of rates must accompany or follow each contract.

 

c)         A contract may apply to parent or subsidiary corporations or to other corporations controlled by the same parent corporation.  These corporations must be identified by full legal name in the contract or an attached appendix.  The underlying contract carrier's permit must also authorize service by or for such corporations.

 

Section 1225.2805  Schedules to be Filed

 

a)         Motor contract carriers shall file schedules which conform to this Part unless otherwise authorized by the Commission.

 

b)         The Commission may, for good cause, direct at any time the reissue of any schedule.  Good cause would include a carrier's not having updated its schedule of rates or contracts for a period of time so long that the Commission inquires into the continuing validity of the schedule, resulting in an order of reissuance.

 

Section 1225.2810  Publication of Schedules

 

Schedules of actual rates or charges shall be published and filed in the name of the individual carrier performing the transportation service subject to such rates or charges.  Schedules may not be filed in the name of an agent, nor may contract carriers participate by concurrence in rates named in any schedule filed by another such carrier.

 

Section 1225.2815  Contents of Schedules

 

Schedules shall contain names and addresses of parties with whom carrier has contracts, all of the actual rates and charges, and the rules and other provisions applicable to services covered thereby.

 

Section 1225.2820  Prohibition of Filing and Publication

 

Schedules shall not be published and filed to apply on any commodity or from or to any point or for any service that is not covered by contract on file with the Commission or that is beyond the contract authority granted by the Commission.

 

Section 1225.2825  Adoption of Other Rate Publications by Joinder

 

A contract carrier may not participate in a tariff or schedule issued by another carrier or by an agent except that it may participate under power of attorney in an agency publication containing highway distances and in an agency publication containing the Hazardous Materials Regulations promulgated by the United States or Illinois Department of Transportation (49 CFR 172) to govern the transportation of explosives or other dangerous articles and except as otherwise authorized by the Commission pursuant to Section 1225.15.

 

Section 1225.2830  Confidentiality of Contract

 

The contract filed under this Subpart will not be available for inspection by persons other than the parties to the contract and authorized Commission personnel, except by petition demonstrating a likelihood of succeeding on the merits of the complaint and that the matter complained of could not be proven without access to additional contract information.  The Commission's action in any contract-disclosure matter, including a petition filed under this Section is subject to the limitations imposed by 5 U.S.C. 552(b) and the Trade Secrets Act, 18 U.S.C. 1905.




Section 1225.TABLE A   Rail Tariff Items and Titles

 

ITEM	TITLE
5	Description of Governing Classification, Exceptions and Rules Tariffs
10	Station List and Conditions
15	Explosives, Dangerous Articles
20	Reference to Tariffs, Items, Notes, Rules, etc.
25	Terminal or Transit Privileges or Services
30	Perishable Freight
35	Transfer Between Connecting Carriers
40	Consecutive Numbers
45	Capacities and Dimension of Cars
50	Combination Rates
55	Substitution of Motor Service for Rail or Water Service
60	National Service Order Tariff
65	Proportional Rates – application
70	Alternation
75	Method of Canceling Items
80	Intermediate Application – origin
85	Intermediate Application – destination
100	Method of Denoting Reissued Matter in Supplements
105	Straight or Mixed CL Application

 




Section 1225.TABLE B   Motor Carrier Tariff Items and Titles

 

For motor tariffs, the list is as follows

 

ITEM	TITLE
100	Governing Publications
110 to 119	Definitions
150	Application of Tariff
160 to 290	Application of Rates
299	Absorptions
300	Advancing Charges
305	Advertising on Carrier Equipment
310	Advertising or Premiums
315 to 335	Allowances
340	Arbitraries or Differentials
345	Arrival Notice and Undelivered Freight
350	Assembling or Distributing Freight
360	Bills of Lading
370	Bulk Freight
381	Cancellation of Items
382	Cancelling Original and Revised Pages, Except the Title Page
390	Capacity Loads
405	Carrier Trade Name
407 to 419	Claims, Loss and Damage
420	Classification of Articles – General
421	Classification by Analogy
422	Classification of Combined Articles
423	Classification of Loose Articles
424	Classification of Parts or Pieces of a Complete Article
426	Classification of Reconditioning Bags
428	Classification of Various Documents Included with Freight
430	COD Shipments
435	Collection of Charges
440	Commercial Zones
455	Consecutive Numbers
460	Consolidation of Shipments
465	Containers
470	Control and Exclusive Use of Vehicles
480	Customs or In-Bond Freight
490	Density
500	Detention – Vehicles With Power Units
501	Detention – Vehicles Without Power Units
502	Detention – LTL or AQ Shipments
503	Detention – Prearranged Scheduling
510	Distances
520	Equipment
530	Expedited Service
535	Expiration Dates
540	Explosives and Other Dangerous Articles
550	Export, Import, Coastwise or Intercoastal Freight
560	Extra Labor
565	Fractions
566	Handling Freight Not Adjacent to Vehicle
568	Heavy or Bulky Freight
570	Impracticable Operations
575	Light or Bulky Freight
578	Loading by Consignor – Unloading by Consignee
580	Marking or Tagging Freight
595	Maximum Charge
600	Meat Hooks or Racks
610	Minimum Charge
640	Mixed Shipments – LTL
645	Mixed Shipments TL or Vol.
647	Notification Prior to Delivery
650	Operating Rights (or use Designation – Item 3)
660	Order – Notify Shipments
670	Over Dimension Freight
675	Over Weight Shipments
680 to 689	Packing or Packaging
710	Pallets, Platform or Skids
720	Payment of Charges
730	Peddler Truck Shipments
740	Permits, Special
750	Pickup or Delivery Service
753	Pickup or Delivery Service – Private Residence
754	Pickup or Delivery Service – Sundays or Holidays
755	Pickup or Delivery Service – Saturdays
756	Pickup or Delivery Service – Saturdays, Sundays, or Holidays
765	Precedence of Rates
766	Precedence of Rules
770	Prepayment
780	Prohibited or Restricted Articles
784	Proof of Delivery
800	Proportional Rates
810	Protective Service
820	Reconsignment or Diversion
830	Redelivery
845	Reference to Tariffs, Schedules
846	Reissued Matter, Method of Treating
848	Released Value
850	Reporting Charge
860	Returned, Undelivered Shipments
880	Sealing of Trucks
881	49 CFR Section 10721 Government Tenders
883	Shipments Tendered as a Truckload
885	Single Shipment Pickup
887	Sorting or Segregating
890	Special Services
900	Stopoffs
910	Storage
920	Substitution of Service
940	Terminal Areas
950	Terminal Charges at Ports
957	Tolls
959	Transfer of Lading
960	Transfer of Service
970	Transit Privileges or Services
980	Unnamed Points
985	Vehicle Furnished But Not Used
990	Weighing and Weights
992	Weight Verification
995	Weights – Gross Weights and Dunnage
997	Weights – Minimum Weight Factor

 




Section 1225.TABLE C   Abbreviations

 

 

ABBREVIATION	EXPLANATION
&	and
AFB	Air Force Base
a.m. or A.M.	ante meridiem
Ave	Avenue
Blvd	Boulevard
Bldg	Building
br	branch
Bros	Brothers
¢	cents
CFR	Code of Federal Regulations
Co	Company or County
Corp	Corporation
cu	cubic
cwt	100 pounds
Cy	County
d/b/a/	doing business as
$	dollars
E	East
etc	et cetera
e.g.	for example
Ft	Fort
ft or '	foot, feet
gal	gallon
i.e.	that is
IL.A.C.	Illinois Administrative Code
ILL.C.C.	Illinois Commerce Commission
in or "	inch, inches
Inc.	Incorporated
Jct	Junction
lb	pound
Ltd	Limited
M.F.	Motor Freight
mfg	manufacturing
Mt	Mount, Mountain
N	North
No.	Number
oz.	ounce
%	percent
p.m. or P.M.	post meridiem
PO	Post Office
Rd	Road
RR	Rural route or Railroad
S	South
St	Street or Saint
US	United States
wt	weight

 




Section 1225.EXHIBIT A   Notice of Increased Fares for Regular Route Service

 

NOTICE OF INCREASED FARES FOR REGULAR ROUTE SERVICE

 

(Name of carrier)

 

This carrier has filed tariffs with the Illinois Commerce Commission proposing increases in fares effective (Date) for (Here, describe briefly the kind of transportation, the points or localities affected, and the increase proposed.)

 

Street Address:  

 

City, State and Zip

 

Telephone Number: 

 

Anyone may protest the increase by writing to the Illinois Commerce Commission, Transportation Division, 527 East Capitol Avenue, Springfield, Illinois 62706.  The protest should include the reasons you object to the increase and should be mailed (here, show "in time to reach the Commission 20 days before the effective date shown above", unless the increase has been filed on less than 30 days' notice by a motor carrier.  If the latter, show "as soon as possible.")

 

At the same time the protest is sent to the Commission a copy must also be sent to this carrier's general office.  (Here, show the street address, city, state, zip code and telephone number of the carrier's general office.)