§ 1312.21 - Suspended matter.

(a) Effect of suspension. When the Commission suspends one or more rate(s), provision(s) or publication(s), that suspended matter is postponed until the suspension period runs out.

(b) Supplement required. (1) A supplement announcing the suspension shall be filed to the involved tariff(s). Two methods of publishing may be used. One is to issue a separate supplement for each suspension proceeding; the other is to issue a consolidated suspension supplement which contains notices of all suspension proceedings involving the tariff. Only one consolidated supplement to a tariff may be in effect at one time. The title page of either type of supplement shall—

(i) Identify the Commission's suspension docket number;

(2) Show an issue date but not an effective date; and

(3) Comply with the requirements governing tariff amendments, except as otherwise provided in this section.

(c) Content of supplement. The supplement shall:

(1) Identify the rates, provisions or publications which have been suspended;

(2) State that those rates, provisions or publications are “under suspension and may not be used until [here show either the date to which the matter has been suspended, or a later date, or state “this suspension notice is canceled”]”;

(3) Identify the rates, provisions or publications that will apply in place of the suspended matter;

(4) Correct by statement any cancellations which would have the effect of canceling the suspended matter or the matter held in force; and

(5) Correct the listing of effective supplements on previous supplements’ title pages.

(d) Additional requirements for consolidated supplements. (1) The consolidated supplement shall provide information for each suspension proceeding.

(2) The matter shall be amended and reissued in the regular manner, except as follows:

(i) If it is necessary to issue a publication to reflect changes in a corrected decision of the Commission, the supplement shall be reissued and explained with the appropriate changes made.

(ii) If the suspended matter is made effective, canceled, or reissued the involved matter shall be canceled (in the regular manner) in the same supplement as the change or reissue of the suspended matter.

(iii) If the suspended matter becomes effective because of the expiration of the suspension or postponement period, the explanatory matter shall be canceled (in the regular manner) in the next regular supplement to the tariff.

(e) Additional requirements for separate suspension supplements. (1) Separate supplements announcing individual suspensions to a bound tariff shall be canceled by the—

(i) Supplement containing the change or reissue of the suspended matter; or

(ii) By the next regular supplement if the suspended matter becomes effective because of the expiration of the suspension of postponement period.

(2) Separate supplements announcing individual suspensions to a looseleaf tariff shall be canceled by reissuing the check sheet with an effective date concurrent with the change or reissue.

(3) Suspension information may not be canceled in full unless all of the involved matter under suspension is canceled, becomes effective or is reissued.

(f) Extension of suspension period. If the Commission extends the suspension period, the suspension notice shall be republished, canceling the first notice, and the statements adapted to the new action taken, with reference to the facts of the first suspension. Subsequent handling of the matter shall proceed as prescribed for suspension matters in this section.

(g) Suspended matter reissued prior to notice. If suspended matter has been reissued prior to the filing of the explanatory notice, the notice shall cancel (by statement) the reissued matter. The cancellation statement shall have the same effective date as the reissued matter.

(h) Changed suspended matter. If suspended matter has been changed prior to the filing of a suspension notice, the matter shall be republished in the regular manner to remove any violation of the suspension decision, as provided in paragraph (i) of this section. Also see paragraph (k) of this section.

(i) Reissuing suspended matter after notice. (1) If a suspension notice has been filed, the matter under suspension and the matter held in force by reason of the suspension may be reissued (without change) in the regular manner provided the explanatory notice is brought forward from the suspension supplement.

(2) If suspended matter or matter held in force is reissued, the publication shall be made in a manner that insures that if the suspension or postponement period ends, the matter held in force is canceled or superseded by the effectiveness of the suspended matter.

(3) Original tariffs or supplements containing reissued suspended matter shall identify the suspended matter.

(j) Postponement of suspended matter. (1) A postponement notice may be filed at any time on 1 day's notice during the suspension period, provided—

(i) It becomes effective prior to the end of the suspension period;

(ii) It states that the postponed matter may not be used during the postponement period; and

(iii) The specific date to which the matter is postponed is shown, or the statement “postponed until this notice is canceled”, is shown.

(2) Suspended matter postponed to a specific date may be further postponed if done prior to the end of the previous postponement period, and the previous notice is canceled.

(3) The postponement notice may be canceled at any time after the end of the suspension period.

(k) Changes and cancellation during the suspension period. Suspended matter or matter held in force may be changed or canceled during the suspension period, as follows:

(1) Suspended matter may be canceled in whole or in part on 1 day's notice if—

(i) The cancellation is to become effective prior to the end of the suspension (or postponement) period, or the effective date of a final decision in the proceeding, whichever is earlier; and

(ii) At the time of filing, all parties of record and the Office of Proceedings, Interstate Commerce Commission, Washington, DC 20423, shall be notified (with reference to the involved docket number) of the tariff publication(s) and its effective date. The notice to the Office of Proceedings shall certify that the parties of record have been notified, and a copy of that notice (if in writing) shall be sent with the tariff publications submitted for official filing.

(2) When suspended matter is canceled, it may not be republished to become effective on less than statutory notice, absent special permission.

(3) The matter held in force shall be republished (without change) in the same publication containing, and concurrently with, the cancellation of the suspended matter if the matter held in force—

(i) Is in the same tariff as the suspended matter and was to be specifically canceled by it; or

(ii) Is in a prior issue of the tariff containing the suspended matter.

(4) Cancellation of suspended matter in a bound tariff shall be made in a supplement. Cancellation of suspended matter in a looseleaf tariff shall be made by looseleaf page amendment, unless the tariff only contains the suspended matter, then cancellation shall be made by supplement. If a tariff contains only the suspended matter (or if the suspended matter is a conversion supplement), the cancellation may be made by publishing a notice of cancellation in the supplement, and either bringing forward the matter held in force, or referring to its location.

(5) Postponement provisions shall be canceled concurrently with, and on the same notice as, the cancellation of the suspended matter. The postponement provisions shall be canceled in the same supplement as the cancellation of the suspended matter, or, if cancellation of the suspended matter is by looseleaf page amendment, by the check sheet.

(l) Commission vacates suspension or finds suspended matter justified. (1) If the Commission vacates a suspension or finds the matter justified, the suspended matter may be made effective on 1 day's notice, but not earlier than the effective date of the Commission's decision.

(2) Suspended matter in a bound tariff, or nonreissued suspended matter in a looseleaf tariff, may only be made effective by publishing a notice in a supplement to the tariff. Reissued suspended matter in a looseleaf tariff may only be made effective by publishing a notice on a reissue of the involved page(s). The notice shall identify the suspended matter, state the effective date, and cancel any postponement notice. If the suspended matter was to specifically cancel the matter held in force in the same tariff, or the matter held in force was to have expired, the matter held in force shall be specifically canceled with the same effective date and on the same notice.

(3) If a new tariff had provided for cancellation of another tariff, but that cancellation was nullified because of the suspension, the other tariff shall be canceled by a statement in a supplement to the new tariff. Otherwise, if a tariff contains only matter held in force by the suspension and the matter is required to be canceled, the cancellation of the tariff shall be made by supplement to that tariff.

(4) Changes or additions to a tariff containing matter held in force because of the entire suspension of another tariff may be brought forward without change into the other tariff. The publication shall be by supplement to a bound tariff and by looseleaf page amendment to a looseleaf tariff. If this is done, the tariff containing the matter held in force shall be concurrently canceled by supplement.

(m) Suspended matter ordered canceled. If suspended matter is ordered canceled, the cancellation may be made on 1 day's notice, unless otherwise ordered.

(n) Tariff amendments required or permitted to be filed and matter held in force under the authority of this section are, for the life of the tariff, exempt from the provisions of this part pertaining to the volume of effective supplements or looseleaf page amendments.

(o) Reference to Commission suspension decisions. Publications issued under authority of this section shall refer to this section and to the investigation and suspension docket number.

(p) Court orders. Restraining orders, injunctions, enjoinders, or other court orders having the effect of suspending the operation of tariff provisions shall, to the extent possible, be reflected in tariffs in the same manner as suspension decisions.