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(b) Provisions for the payment of allowances to shippers, consignees, or passengers in lieu of the privileges, facilities or services referred to herein must be published and filed with particularity as to the specific privilege, facility or service involved, the amount of the specific allowance to be made and the rules applying to the making of each allowance.

(c) Changes in terminal rates, charges, and provisions, based upon changes in rates, charges and provisions of terminal operators over which the carrier has no control, may be posted and filed on not less than 10 days' notice provided that such action is taken by the carrier within 30 days after the effective date of the change made by the terminal. Publications issued under authority of this rule must bear the following notation:

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less than 10 days' notice under authority of Rule 9 of Tariff Circular No. 3 of the Federal Maritime Commission.

[13 F.R. 709, Feb. 17, 1948, as amended at 29 F.R. 9832, July 22, 1964]

§ 531.10 Index of tariffs.

(a) Tariff index must be published, posted and filed. Each carrier which has five or more tariffs in effect shall publish, post and file under proper FMC No. an index of the tariffs of its own issue and also tariffs to which it is a party either, as an initial or delivering carrier. Each tariff shall be shown therein under a separate item number and with the following information in separate columns:

1. FMC number.

2. The name of the issuing carrier of each, 3. The character of the tariff or description of the traffic or commodities covered thereby

4. The ports from, to, and between which the tariff applies.

(b) Title page. (1) The title page of the index shall follow the requirements of § 531.4, except that it shall not bear an effective date, but shall bear a notation as follows: "This index contains a list of tariff publications in effect on date hereof", to which may be added "or which have been filed to become effective at a later date as shown within."

(2) The rule requiring statutory notice does not apply to indexes.

(c) Arrangement of index. (1) Freight tariffs shall be arranged in the index in the following order: Specific

commodities tariffs; general commodities tariffs; class tariffs, and miscellaneous tariffs.

(2) Specific commodities tariffs shall be arranged in alphabetical order of the commodities covered, general commodities tariffs shall be arranged in alphabetical order of the ports or territory from and to which they apply in either the "From" or "To" column; miscellaneous tariffs shall be arranged in alphabetical order of the descriptions, for example, classification, rules, and terminals.

(3) Passenger tariffs when carried in a separate index shall be arranged in alphabetical order of the ports or territories from and to which they apply in either the "From" or "To" column. Miscellaneous tariffs applicable thereto shall be arranged in alphabetical order of their descriptions.

(4) Passenger tariffs may be included in one index covering freight tariffs also. In such cases the passenger tariff section shall follow the freight tariff section and the index shall be given a FMC number in both freight and passenger series, and four copies thereof shall be filed with the Commission.

(5) Passenger tariffs publishing roundtrip excursion fares limited to a designated period of not more than 30 days need not be listed in the index. (See § 531.15.)

(d) Change by supplement or reissue. (1) The index shall be revised to reflect changes resulting from supplements to or reissues of tariffs either by reissue of the index every three months or by supplement thereto every three months and reissue every 12 months. Tariff indices should not remain in effect longer than a period of one year. Supplements to indices may be issued without regard to the volume of supplemental matter permitted by § 531.11(d), but no more than five supplements may be in effect at any time.

(2) Suppplements to indices must be numbered consecutively (see § 531.4) and shall be arranged in the same general order as the index and shall show additions, changes and cancellations by reference to the page and item number of the entry changed or canceled. Each new supplement shall bear on its title page the notation: "Supplements Nos. and contain changes in effect on date hereof", to which may be added "or which have been filed to become effective at a later date as shown within."

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(a) Amendments by supplements. A change in or addition to a tariff will be known as an amendment; and, excepting tariffs issued in loose-leaf form, shall be published in a supplement to or a reissue of the tariff and shall refer specifically to the page or item of such tariff or any supplement thereto which it amends.

(1) Amendments in numbered items. When an amendment is made in a numbered item or other unit such unit must be published in a supplement in its entirety as amended, except that where a numbered item or other unit can be understandingly amended by publication of only parts thereof, as lettered paragraphs or rules, sections or notice, for example, such amendment will be permitted, but all effective amendments to the same item or other unit must be shown in a single supplement. Changes of such numbered items or other units shall be under the same item or other unit number with a letter suffix and the original item or unit number will be cancelled, as for example, Item 10-A cancels Item 10; Item 10-B cancels 10-A and so on.

(2) Arrangement in supplements. The matter contained in each supplement shall be arranged in the same general order as in the tariff which it amends. (See § 531.5(d).)

(b) Participating carrier in supplements. Every supplement shall contain either a list of carriers participating therein and authorities therefor, arranged as provided for in § 531.5(b), or a statement that the participating carriers are "as shown in tariff" or "as shown in tariff amended as follows:", following which shall appear in alphabetical order the names of the carriers that have been added to or eliminated from the list of carriers shown in the original tariff, as amended, and in addition thereto any change in the name of any carrier and the form and number of any new power of attorney or concurrence applicable to any carrier participating therein. When a participating carrier is eliminated by a supplement, such supplement must also provide for the cancellation of the matter applying in connection with that carrier. Reissues of effective changes shall be indicated as required by paragraph (c) of this section.

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(2) Supplemental matter will be permitted up to 50 percent of the original tariff.

(3) Title pages shall be counted in computing the volume of supplemental matter.

§ 531.12 Cancellations.

(a) Cancellation of tariff cancels supplements. Cancellation of a tariff also cancels supplements thereto.

(b) Cancellation of a tariff by another tariff. If a tariff is canceled by the issuance of a similar tariff to take its place, cancellation shall be made by notice printed in the new tariff as provided in § 531.4 (a).

(c) Cancellation by supplement. If a tariff is to be canceled and the matter contained therein is not republished in another tariff or when through error or omission a later issue fails to cancel the previous issue, cancellation shall not be made under a new FMC number but shall be made by a supplement to the tariff (including a loose-leaf tariff) which it cancels. Such supplement may be issued without regard to the provisions of § 531.11(d).

(d) Partial cancellation. If a tariff publication is to displace a part of another tariff which is in force at the time and which is not to be canceled in full, it shall provide for the cancellation substantially as follows: "Cancels FMC-F (or -P) No. to the extent shown in Supplement No. thereto"; or "Cancels FMC-F (or -P) No. to the extent shown in revised page No.

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thereof"; and such other tariff shall, effective on the same date, be amended correspondingly by reissue or supplement if tariff is in book or pamphlet form, or by revised page, if tariff is in loose-leaf form.

(e) Cancellation of items. (1) When parts of a tariff publication (except tariff in loose-leaf form or classification) are designated as items, cancellation of any item by supplement must be under the same item number. See § 531.11(a).

(2) If an item or any part thereof is transferred to another item or different number in the same tariff, the cancellation must be carried under the original item number and must show in what item or items the effective rates, fares or charges are to be found. If an item is withdrawn in its entirety or expires by its own terms leaving no rates, fares, charges or provisions in effect in that item, the cancellation or expiration must be brought forward in subsequent supplements as a reissued item so long as the cancellation or expiration remains in force. An item once lawfully eliminated by cancellation or expiration may be reinstated by republication under a new effective date, which must be under the same original item number with, however, the next appropriate letter suffix.

(f) Cancellation shall refer to applicable rates or fares thereafter. When tariff matter is to be canceled the cancelling publication shall show where the future tariff matter will be found or what will thereafter apply, for example: "Rates or fares, charges or classifications, rules or regulations in FMC-F (or -P) No. will apply", or "rates or fares in Item will apply", or "no rates or fares in effect." If the cancellation or omission affects changes in charges or services, that fact shall be indicated by the use of the uniform symbols prescribed by § 531.3.

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will apply", or "class rates

(g) Transfer of matter from carriers to agent's publication and from agent's to carrier's publication. (1) When a duly authorized agent provides matter in his publication which is to displace matter in his principal's publication the agent must cancel the matter in his principal's publication as per paragraphs (b), (c) and (d) of this section.

(2) A carrier must not provide in in its individual publications matter which is to displace that provided in a tariff of a

duly authorized agent unless the carrier's publication is accompanied by a supplement issued by the agent cancelling from his publication the matter concerned, as paragraphs (c), (d), and (f) of this section.

§ 531.13 Notice requirements and rejections.

(a) Notice required. (1) Every tariff, supplement, or revised page published, posted and filed, including tariff publications of carriers entering a trade for the first time, shall bear an effective date and except as otherwise provided for by rule, special permission, or order of the Commission, shall give the full statutory notice of thirty (30) days, the time to run from the date the tariff, supplement, or revised page is received by the Commission. Provided, however, That a posting date may be set forth in lieu of an issued date. Said posting date shall not be less than forty-five (45) days prior to the effective date and any tariff change containing a posting date must be received by the Commission on or prior to said posting date. Carriers will be notified of suspension of any rate change bearing a posting date at least two (2) days before the date the rate change would otherwise become effective.

(2) Date when telegraphic notice is received or when a tariff, supplement or revised page is mailed cannot be counted as the beginning of the notice period unless permission to publish and file on shorter notice is granted by the Commission pursuant to § 531.14. See § 531.4 for method of indicating effective date and special permission. A tariff publication issued on notice shorter than the statutory notice of thirty days must indicate the authority therefor.

(b) Rejection of tariff publication. Tariff publications received for filing too late to give the notice required by law or by any rule, special permission or order of the Commission, or which do not conform to regulations of the Commission may be rejected for filing and returned to the filing carrier or agent.

(c) When a tariff publication is rejected, it is void and its use shall be unlawful. The number which the rejected publication bears shall not again be used; and such publication shall not thereafter be referred to as canceled or amended, but the publication that is issued in lieu thereof shall cancel or amend the publication which was to have been canceled

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(d) Acceptance of tariff not approval of legality for all purposes. The fact that a tariff publication is on file with the Commission does not relieve carriers from responsibility for any violation of law or regulations of the Commission issued thereunder.

[13 F.R. 709, Feb. 17, 1948, as amended at 29 F.R. 9832, July 22, 1964; 29 F.R. 10469, July 28, 1964]

§ 531.14 Special permission applications.

(a) Application for short notice. Applications for permission to publish tariff matter upon less than the 30 days' notice required by the act shall be in form substantially as follows; and shall be sworn to before a Notary Public.

APPLICATION FOR SPECIAL PERMISSION Name of carrier...

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(State fully here or in an accompanying exhibit the rates, or fares, charges, classifications, rules or regulations which it is desired to put into effect, the articles upon which they are to apply and the ports of origin and destination. When permission is sought to establish a rule or regulation the exact wording of the proposed rule or regulation shall be shown.)

Your petitioner further represents that the said rates (or fares, charges, classifications, rules or regulations) above mentioned will be published in FMC-F (or -P) No. ----, or in a consecutively numbered supplement to or revised page of FMC-F (or -P) No. and will supersede and take the place of the rates (or fares, charges, classifications, rules or regulations) on like traffic from and to the ports above as set forth in tariff USMC-F (or -P) No. (or supplement or revised page No. ----) on file with the Commission.

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(Here state specifically or by reference in an accompanying exhibit the present rates (or fares, charges, classifications, rules or regulations), together with the FMC number of the tariff in which published and the effect of the proposed change.)

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(b) Applications for waiver of rules. Applications for waiver of rules not involving publication on less than 30 days' notice need not be made on any specified form, but shall contain a list of the rules, waiver of which is sought, and the reasons therefor.

(c) Number of copies of application, size and mailing. Two copies of each application shall be filed, including exhibits attached thereto, on paper 8 x 102 inches in size, addressed to the Federal Maritime Commission, Bureau of Do

mestic Regulation, Washington, D.C., 20573. Applications shall be numbered consecutively. Carriers or agents who have not filed such applications should commence with number 1, and others should continue their present series of numbers.

(d) Filing and signing of applications. (1) Applications must be filed in the correct legal name of the carrier, whether an individual, partnership, or corporation, and must be filed by a duly authorized representative or in his name by an individual so authorized to sign under power of attorney as set forth in § 531.21.

(2) When an application is filed by an agent the appropriate change should be made in the introductory paragraph to indicate that it is filed for and on behalf of all carriers participating in the tariff publication covered by the application and shall be signed by said Agent.

(e) Requests for authority to make changes. Requests for authority to make changes on short notice when a formal order of the Commission requires 30 days should not be made by special permission application, but should be filed as petitioned on the formal docket for modification of the order.

(f) Reason for special permission. Applications should contain full and explicit statements as to the emergency existing and the justification for the special permission. Clerical or typographical errors in rate tariffs constitute good cause, but applications must give a statement of the circumstances attending the error. A desire to meet the rates of a competing carrier which has given 30 days' notice of change will not of itself be regarded as good cause for granting the special permission. § 531.15 Round trip excursion fares.

(a) Round trip excursion fares limited to a designated period of not more than thirty days may be established upon not less than 10 days' notice. Tariff circulars or revised pages filed under authority of this rule shall bear the notation:

Effective 19. Issued upon not less than 10 days' notice, authority of Rule 15, Federal Maritime Commission's Tariff Circular No. 3.

(b) Fares for an excursion limited to a designated period of more than 30 days will require statutory notice unless shorter time is allowed in special cases by special permission. See § 531.14.

(c) The term "limited to a designated period" as used in this rule means the

period between and including the date the transportation can first be used and the date upon which it expires.

(d) Tariffs containing fares which include hotel accommodations, admission to entertainments, side trips, or other special services shall show such service and shall show separately the carrier (s) portion of such fare, which shall be alike to all, regardless of who uses such additional service.

§ 531.16

Service to additional ports.

Section 2 of the Intercoastal Shipping Act, 1933, as amended, permits carriers to file schedules or changes which provide for extension of actual service to additional ports at rates or fares of said carriers already in effect for similar service at the nearest port of call to said additional ports, effective upon immediate notice to the Commission. A tariff, supplement or revised pages establishing such provisions shall bear an effective date which shall not be earlier than the date it is received by the Commission for filing and shall contain the following notation:

Effective 19. Issued upon authority of Section 2, Intercoastal Shipping Act, 1933, as amended, account extension to (here show name of additional port) at rates or fares (or charges, classincations, rules or regulations) applicable from, to or at (as the case may be) (here show name of nearest port from and to which similar service is maintained).

§ 531.17 Extension of terminal facilities.

(a) Carriers may publish and file schedules establishing, effective upon not less than three days' filing and posting in the manner required by law, additional terminal facilities for the loading and/or discharging of cargo at the rates currently applicable at other facilities in the same port or harbor for account of the carrier for which the additional facility is established.

(b) Tariff publications filed under permission of this section shall bear the following notation:

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