§ 1312.28 - Accessorial, terminal and other services.

(a) 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 shall be published in clear terms, and the rate, if any, shall be stated separately. The amount of the charges shall be included or be readily ascertainable 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.

(b) Method of publication. (1) Rules and charges referred to in paragraph (a) of this section may be published either in—

(i) The line-haul rate tariff;

(ii) Separate tariffs which are referred to in the rate tariff by specific ICC designation; or

(iii) 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.

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

(c) Pickup and delivery service. (1) All carriers of property shall, as appropriate, specify whether rates include pickup and delivery and, if so, the relevant geographic area, and governing conditions.

(2) 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.

(d) Switching charges. (This paragraph applies only for railroads.) (1) Carriers performing switching service on interstate 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.

(2) 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 paragraph (d)(4) of this section.

(3) 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.

(4) 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.