§ 1312.25 - Participating carrier tariffs.

(a) Separate tariffs may be filed by agents. (1) An alphabetical list of carriers participating in agent's tariffs, along with a description of the underlying 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 § 1312.11).

(2) 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.

(b) List of carriers. (1) The list of participating carriers shall be constructed in the manner required by this part. Carriers’ code designations may be shown directly with the carriers’ names.

(2) All governed tariffs in which a carrier participates shall be referred to by ICC 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 directly with the carriers’ name.

(c) 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 by ICC designation, with a separate section for each agent if joint issues are involved. Each tariff listed shall be described so that its general application may be determined without examining the tariff itself.

(d) Cancellation of participating carriers. (1) Except as provided in paragraph (f) of this section, 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.

(2) The cancellation may be accomplished either by—

(i) Amending all matter to eliminate reference to the carrier; or

(ii) 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 as soon as possible.

(3)(i) 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.

(ii) In a looseleaf 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.

(e) 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.

(f) Adoptions. (1) 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.

(2) 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.

(g) Participating carrier tariff may include other provisions. Provisions authorized to be published in a routing guide, points of service, and/or a “scope” tariff, may be published in a participating carrier tariff provided application of each category is clear.