§ 1312.39 - Miscellaneous provisions which may be filed on less than statutory notice.

(a) Restorations of carrier participation. Amendments to restore a carrier's participation in a tariff may be filed on 5 days’ notice provided the relisting of the carrier is indicated to become effective not later than the date the cancellation was published to become effective.

(b) Amendment of participating carrier list in a classification or dangerous articles tariff. Additions, corrections and other changes to the list of participating carriers in classifications and dangerous articles tariffs may be made on 1 day's notice. This authority may not be used to cancel the participation of a carrier.

(c) Rates for or newly established water carrier service. (1) (This paragraph does not apply to the transportation of passengers.) Rates and provisions applicable at, from, to or via points on new lines may be established on 10 days’ notice. If the establishment of local rates under this authority results in the establishment of combination through rates, the combination through rates may be displaced by lower rates, either single factor or combination, on 10 days’ notice. If class rates are initially established under this authority, lower commodity rates to displace the class rates may later be established on 10 days’ notice.

(2) (This paragraph applies only to the transportation of passengers.) Rates and provisions applicable at, from or to points on new lines may be established in the first instance on 1 day's notice.

(d) Extension of expiration dates or postponement of effective dates of comeback provisions. Amendments to extend the expiration dates of provisions, and to postpone the effective date of comeback provisions (provisions which are paired with and published to supersede those indicated to expire with the preceding day) may be published on 1 day's notice provided no change is made in the extended or postponed provisions.

(e) Effective Dates. The effective date of a publication, rate, or provision may be postponed on 1 day's notice, and in statement form.

(f) Roundtrip excursion fares. Fares for a roundtrip excursion limited to a designated period may be established upon posting and filing the tariff on 1-day's notice.

(g) Transportation of circus and show outfits. Rates for specified movements of circuses and other show outfits may be established by filing the tariffs with the Commission on 1 day's notice. The tariffs shall publish the charges specifically, or may consist of a proper title page, containing the statement “as per copy of contract attached,” with a copy of the contract attached.

(h) Freight rate tariffs and classifications of railroads, motor common carriers of property and freight forwarders-notice for independent rate changes—(1) New and reduced rates. Except as otherwise provided in paragraphs (h)(2), (4) and (5) of this section, each independently established new or changed rate, charge, rule, or other provision shall be filed with the Commission in Washington, DC at least 1 day before the date upon which it is to become effective.

(2) Increased rates. Each independently established increased rate or charge and each independently established change in a rule or other provision which effects a reduction in the value of service or increase in a rate or charge shall be filed with the Commission in Washington, DC at least 7 workdays before the date upon which it is to become effective. This provision does not apply to rail freight rate tariff increases. Such filings shall be made on statutory notice, i.e., 20 days. See § 1312.4(e)(1)(i)(A).

(3) Independently established for carrier's account. The rate, charge, rule, or other provision shall be published either in a tariff filed in the carrier's name or under independent action instructions for only the particular carrier's account in a tariff filed in a tariff publishing agent's name.

(4) Joint intermodal traffic. This paragraph (h) applies to single-factor, motor-water property rates, charges, rules and other provisions, but does not apply to any other single-factor rate, charge, rule, or other provision having application over any segment of the lines of another transportation mode.

(5) This section supersedes others. The provisions of this section take precedence over all the provisions of this part 1312 that govern filing notice. The other provisions will continue to apply to filings that have been docketed with rate bureaus in advance of filing with the Commission (collectively agreed upon rate filings).

(6) Mixed filings. Tariffs or amendments that contain new or reduced rates in addition to rate increases shall be filed with the notice applicable for rate increases, with the new and reduced rate filings appropriately symbolized and excepted from the notice applicable for rate increases.

(i) Tariffs of Motor Carriers of Passengers—Changes—New, Reduced and Increased Rates. Except as otherwise provided in paragraph (h)(5) of this section, each independently established new or changed rate, charge, rule, or other provision must be filed with the Commission in Washington, DC, at least 1 day before the date upon which it is to become effective. Similarly, each independently established change in a rule or other provision that effects a reduction in the value of service or increase in a rate or charge must be filed with the Commission in Washington, DC, at least 1 day before the date upon which it is to become effective.