§ 1312.19 - Cancellation of tariff and transfer of provisions.

(a) Cancellation of an entire tariff. (1) Except as provided in paragraph (a)(4) of this section, a tariff shall be canceled by issuing a supplement. The supplement shall—

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

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

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

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

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

(4) 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 (as provided in § 1312.12(b)), 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.

(b) Cancellation of part of a tariff. 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, page, etc.);

(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 cancelling supplement and the publication(s) effecting any transfer is the same. The special supplement shall remain in effect for the life of the tariff, or, in the case of looseleaf 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). The special supplement to a bound tariff may contain cancellations in the regular manner and is exempt from the supplemental limitations in this part. 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.