49 CFR Part 1312 — Regulations for the Publication, Filing, and Keeping of Tariffs for the Transportation of Property by or with a Water Carrier in Noncontiguous Domestic Trade

PART 1312—REGULATIONS FOR THE PUBLICATION, FILING, AND KEEPING OF TARIFFS FOR THE TRANSPORTATION OF PROPERTY BY OR WITH A WATER CARRIER IN NONCONTIGUOUS DOMESTIC TRADE Authority: 49 U.S.C. 1321(a), 13702(a), 13702(b), and 13702(d). Source: 62 FR 19058, Apr. 18, 1997, unless otherwise noted. § 1312.1 Scope; definitions. (a) Applicability. (b) Exceptions. (1) Any transportation or service provided by a carrier pursuant to 49 U.S.C. 14101(b); or (2) The transportation of any cargo or type of cargo or service which was not subject to regulation by, or under the jurisdiction of, either the Federal Maritime Commission (FMC) or the Interstate Commerce Commission under Federal law in effect on November 1, 1995. (c) Definitions. Act Agent Agent's tariff Board Bound tariff Carrier Carrier's tariff Collectively established tariff matter Independently established tariff matter Item Joint rate Joint tariff Local rate Local tariff Looseleaf page Looseleaf tariff Noncontiguous domestic trade Original tariff Page Post Publication Rate Service terms Supplement Tariff [62 FR 19058, Apr. 18, 1997, as amended at 64 FR 5195, Feb. 3, 1999; 84 FR 20294, May 9, 2019] § 1312.2 Requirement to publish and file a tariff. (a) Requirement for tariff. (b) Adherence to tariff. (c) Other information. (d) Effect of filing. (e) Invalidation of tariffs. [62 FR 19058, Apr. 18, 1997, as amended at 84 FR 20294, May 9, 2019] § 1312.3 Tariff contents and standards; Essential criteria. (a) Contents. (b) Use of multiple tariffs. (c) Clarity. (d) Explanations. [62 FR 19058, Apr. 18, 1997, as amended at 84 FR 20295, May 9, 2019] § 1312.4 Filing of tariffs. (a) Paper filing requirements. 1/2 (2) A paper tariff filing must be accompanied by an authorized document of transmittal identifying each publication filed, and by the appropriate filing fee (see 49 CFR part 1002). Acknowledgement of Board receipt of a paper tariff filing can be obtained by enclosing a duplicate transmittal letter and a postage-paid, self-addressed return envelope. Each transmittal letter shall clearly indicate in the upper left-hand corner thereof: (i) The assigned alpha code of the issuing carrier or agent; (ii) The number of pages transmitted; (iii) The filing fee enclosed method of payment (pursuant to 49 CFR 1002.2(a)); and (iv) The transmittal number if the filer utilizes transmittal numbers. (b) Electronic filing requirements. (1) Annual certification. (i) Certification that it is a water carrier operating in the noncontiguous domestic trade subject to the Board's jurisdiction; (ii) Certification that it is in compliance with the regulations of this section for purposes of publishing, filing, and keeping its tariff electronically; (iii) Certification that it is in compliance with all other regulations in this part, except those specifically applicable to tariffs maintained in paper format; (iv) An active link to the internet address of tariffs; (v) The assigned alpha code of the issuing carrier or agent; and (vi) Confirmation of electronic payment of the filing fee (pursuant to 49 CFR 1002.2(a)). (2) Sample text for the annual certification. [Name of Director, Office of Public Assistance, Governmental Affairs, and Compliance], Office of Public Assistance, Governmental Affairs and Compliance, Surface Transportation Board, Washington, DC. Dear Director: I, [name of signor], certify that I am [title of office] of [name of water carrier], a water carrier operating in the noncontiguous domestic trade subject to the jurisdiction of the Surface Transportation Board, that [name of water carrier] is in compliance with the regulations at part 1312 for purposes of publishing, filing, and keeping its tariff electronically, and that it is in compliance with all other regulations at part 1312, except those specifically applicable to tariffs maintained in paper format. The internet address where [name of water carrier]'s tariffs can be located is: This internet address is current as of [date]. I further declare (certify, verify or state) under penalty of perjury [“under the laws of the United States of America” if executed outside of the United States of America] that the foregoing is true and correct. Executed on [date]. Sincerely, [signature of a duly authorized corporate officer of water carrier] (3) Tariff access requirement. tariffs@stb.gov (ii) A water carrier may establish reasonable registration requirements for purposes of public access to its current tariff and historical tariff information, such as requiring a user to provide his or her name and email address; however, such requirements may not limit tariff access to any particular group or class of users (such as shippers or potential shippers) or impose unreasonable burdens on the user, such as access fees or a showing of need. (4) Historical tariff information and archiving. [84 FR 20295, May 9, 2019] § 1312.5 Amendments to tariffs. (a) Manner of making changes. (b) Supplements. (c) Looseleaf pages. § 1312.6 Advance notice required. (a) Notice requirement. (b) Length of notice. (1) Thirty days after filing for all collectively established tariff matter. (2) Seven workdays after filing for independently established increased tariff matter. (3) Upon filing for independently established new tariff matter, independently established reduced tariff matter, the addition or restoration of a carrier's participation in a tariff, a correction to the list of participating carriers in a tariff (other than the cancellation of a carrier's participation), an extension of the expiration date of tariff matter, or a postponement of the effective date of proposed tariff matter. (c) Receipt of tariffs by the Board. (d) Definitions. Increased New Reduced Workdays (e) Notice for purposes of electronically filed tariffs. [62 FR 19058, Apr. 18, 1997, as amended at 64 FR 5195, Feb. 3, 1999; 84 FR 20295, May 9, 2019] § 1312.7 STB tariff designation. (a) Format. (1) The characters “STB”; (2) The assigned alpha code of the carrier or agent issuing the tariff; and (3)(i) The tariff number (selected by the carrier or agent) to distinguish that tariff from all other tariffs filed by the same issuing carrier or agent. Tariff numbers shall not exceed 5 numerical digits and may be followed by not more than 2 letter suffixes. Examples of tariff numbers are: STB XXXX 100 STB XX 8000-A STB XXXX 12345-AB (ii) Suffixes may be used only to designate reissues of tariffs. As an example, a reissue of tariff 1000 could be designated 1000-A, a reissue of tariff 1000-A could be designated 1000-B, etc. (b) Alpha codes. (c) Fees for assignment. (d) Code listing. § 1312.8 Identification of tariff publication. (a) Every tariff publication filed with the Board shall include: (1) The STB tariff designation; (2) The name of the issuing carrier or agent; (3) The name of the tariff; and (4) The issue and effective dates of the publication. (b) If the publication contains matter effective on other than the general effective date, the notation (Except as Noted) shall be included with the general effective date. § 1312.9 Statement of tariff application and other title page requirements. Every new or reissued tariff or supplement filed with the Board shall lead with a title page. The title page of each tariff or supplement shall include the expiration date of the tariff or supplement, if applicable. The title page of each tariff shall also provide the complete name and address of the issuing carrier or agent; a contact person and telephone number; the certificate or operating authority number, if applicable; and a succinct statement of territorial application, mode of serving carrier(s), type of rates, and description of tariff content. EXAMPLES: (a) Local water carrier rates on FREIGHT, ALL KINDS from points in Alaska to points in the United States. (b) Joint motor/water commodity rates in containerized service between interior points in the United States and ports in Puerto Rico and Hawaii; and governing rules. § 1312.10 Notification of tariff changes and nature of changes. Every publication filed with the Board containing tariff changes shall clearly identify such changes and their nature (whether an increase or decrease in service, rates or transportation charges). § 1312.11 Special notification for ordered matter. Every tariff publication containing matter filed in compliance with a Board decision or court order shall indicate in the publication the relevant decision or order, and as well the number of days' notice authorized or required. § 1312.12 Posting requirements. (a) General posting requirements. (2) Each carrier shall also maintain some or all of its tariffs at other locations, as may be useful. 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 the carrier's normal business hours. The tariffs shall be accessible and readable. The carrier shall also post, in a conspicuous place in those locations, a notice, in large print, 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. The notice shall be in large print and posted in a conspicuous 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, or provide the sought information orally if satisfactory to the requestor. (5) Any publication referred to in a tariff must be posted with that tariff. (b) Exception to the posting requirements. (c) Exemption for electronically filed tariffs. [62 FR 19058, Apr. 18, 1997, as amended at 84 FR 20296, May 9, 2019] § 1312.13 Furnishing copies of tariff publications. (a) Definitions. Subscriber, (b) Sending new publications to subscribers. (2) Newly-issued tariffs, supplements, or loose-leaf pages shall be sent to each subscriber not later than the time the copies for official filing are sent to the Board. (3) Carriers or agents may, if acceptable to a subscriber, furnish only specific portions of original tariffs and amendments affecting those portions. (c) Certification. I certify that compliance with 49 CFR 1312.13 has been made. (d) Charges. (2) No charge may be made (even for the cost of sending the publication) for any publication that is invalidated by the Board. (e) Notice of invalidation. (f) Alternative subscription services. (g) Exemption for electronically filed tariffs. [62 FR 19058, Apr. 18, 1997, as amended at 84 FR 20296, May 9, 2019] § 1312.14 Powers of attorney and concurrences. (a) Authorization. (1) In an agent's tariff when the carrier has executed a power of attorney authorizing that individual or entity to serve as its tariff agent; or (2) In a tariff of another carrier through issuance of a concurrence to the latter carrier authorizing the first carrier's participation in joint rates and through routes. (b) Disclosure of authorization. § 1312.15 Change of carrier or agent. (a) Change in carrier. tariffs@stb.gov (b) Change of agent. tariffs@stb.gov [62 FR 19058, Apr. 18, 1997, as amended at 84 FR 20296, May 9, 2019] § 1312.16 Substitution of service. If a water or motor carrier (hereafter referred to as Carrier A) desires to have the option of substituting 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 if: (a) The shipment moves on the bill of lading that would be used if Carrier A were 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.

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