Ill. Admin. Code tit. 92 § 1225.405

Current through Register Vol. 48, No. 50, December 13, 2024

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.

Ill. Admin. Code tit. 92, § 1225.405