§ 341.0 - Definitions; application.  


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  • § 341.0 Definitions; application.

    (a) Definitions.

    (1) Carrier means an oil pipeline subject to the Commission's jurisdiction under the Interstate Commerce Act.

    (2) Concurrence means the agreement of a carrier to participate in the joint rates or regulations published by another carrier.

    (3) Local rate means a rate for service over the lines or routes of only one carrier.

    (4) Local tariffs means tariffs which contain only local rates.

    (5) Joint rate means a rate that applies for service over the lines or routes of two or more carriers made by an agreement between the carriers, effected by a concurrence or power of attorney.

    (6) Joint tariffs means tariffs which contain only joint rates.

    (7) Posting or post means making current and proposed and tariffs suspended for more than a nominal period available on a carriers' public Web site.

    (8) Proportional rates means rates published to apply only to traffic having a prior transportation movement, a subsequent transportation movement, or both.

    (9) Rule means any regulation or condition of service stated in the tariff which affects any rate or service provided by the carrier.

    (10) Subscriber means a shipper or a person who regularly is furnished a copy of a particular tariff publication (including reissues and amendments) by the publishing carrier or agent.

    (11) Tariff publication means all parts of a filed tariff, including revised pages, supplements and sections.

    (12) Through rates means the total rates from point of origin to destination. They may be local rates, joint rates, or a combination of separately established rates.

    (13) Section means an individual portion of a tariff that is tracked and accorded appropriate legal status (proposed, suspended, effective). A section is the smallest portion of a tariff that can be submitted as part of a tariff filing.

    (b) General application.

    (1) Each carrier must publish, post, and file with the Commission tariff publications which contain in clear, complete, and specific form all the rules and regulations governing the rates and charges for services performed in accordance with the tariff. Tariffs must be published in a format that ensures the tariffs are readable and that their terms and conditions are easy to understand and apply.

    (2) The Commission may reject, or may require modification, correction, or reissuance of, any tariff publication or other document not in compliance with the law.

    (3) All tariffs filed on or after December 6, 1993 must conform to the regulations of this part. Tariffs which are on file as of that date will not have to be reissued solely to conform to this part.

    (4) Each carrier must post and maintain a complete and current set of all proposed, current, and suspended tariff publications which it has issued or to which it is a party. The carrier must identify in its posted tariff files any tariff publication under suspension and investigation. Each carrier must afford inquirers reasonable opportunity to examine its posted tariff files.

    [58 FR 58773, Nov. 4, 1993, as amended by Order 606, 64 FR 44404, Aug. 16, 1999; Order 714, 73 FR 57536, Oct. 3, 2008; Order 780, 78 FR 32098, May 29, 2013]