acquired, the carrier which will thereafter operate the properties shall file and post an adoption notice, numbered in its freight (and/or passenger) FMC tariff series reading as follows:

FMC-F (or -P) No.

(Name, also trade name, if any, of adopting carrier)

ADOPTION NOTICE

The (name (also trade name if any) of adopting carrier) hereby adopts, ratifiles, and makes its own, in every respect as if the same had been originally filed and posted by it, all freight (or passenger tariffs, rules, notices, concurrences) divisions, authorities, powers of attorney, or other instruments whatsoever, including supplements or amendments thereto, filled with the Federal Maritime Commission by, or heretofore adopted by, the (name (also trade name, if any) of former carrier), prior to (date change in name or operation occurred). Issued:

Effective: Issued by: By:

-------

Supplements issued under authority of this section shall contain no other matter, shall bear reference to this section and may be issued without regard to the provisions of § 531.11(d).

(1) Later supplements to be filed by new carrier. Supplements to such tariffs, subsequently filed by the adopting carrier, shall be given the next consecutive number to the number of the adoption supplement. New tariffs reissuing or succeeding the adopted publication shall be numbered in the F.M.C. series of the adopting carrier.

(2) Canceled old tariffs must be described. When adopted tariffs are canceled by new tariffs of the adopting carrier, the cancellation reference must describe the canceled tariff by using the name of the former issuing carrier.

(c) Supplements to tariffs_filed by other carriers and agents. (1) Each tariff issued by other carriers or by agents in

(name of former carrier) wherever it appears in this tariff.

(d) Receivership. Similar adoption notices numbered consecutively in the FMC series of the carrier shall be filed by a receiver or trustee when he assumes possession and control of a carrier's lines. When the receivership or trusteeship is terminated, the carrier taking over the properties shall file an adoption notice and, if a change in the name of the carrier has been made, shall also file supplements as hereinabove prescribed.

(e) Filing and effective date. Notices of adoption should be filed with the Commission immediately and, if possible, on or before the effective date shown therein. Copies shall be sent to each agent or carrier to which power of attorney or concurrence has been given. The notice shall refer to this section and its effective date shall be the date (as shown in the body of the adoption notice) on which the change in name or operation

occurs.

(f) Concurrences and powers of attorney to be replaced. Powers of attorney and concurrences adopted by a carrier or a receiver shall within 90 days be replaced and superseded by new concurrences and powers of attorney issued by and numbered in the series of the new carrier or receiver, except that if desired, the receiver may number concurrences and powers of attorney in the series of the former carrier. The cancellation reference to the former concurrence or power of attorney shall include the name of the

former issuing carrier. Powers of attorney and concurrences which will not be replaced by new issues must be regularly invoked on the notice and in the manner prescribed in §§ 531.21 and 531.22.

(g) Cancellation. If a carrier ceases operation without having a successor, its tariffs, concurrences, and powers of attorney shall be cancelled within 30 days after cessation of such operation. The cancellation notice shall show that cancellation is made on account of discontinuance of operation.

(h) List of ports served. If a carrier intends to cease to hold out service to or from a port or ports listed in its tariff it shall amend the alphabetical list of ports it serves to reflect the termination of service. (See § 531.5(c)). The amendment shall be upon not less than 30 days' notice, except as otherwise authorized by the Commission, and the tariff revision which effects the amendment shall show that the amendment is for the purpose of reflecting a termination of service at the particular port or ports.

(i) Partial adoption. (1) When the operating control of only a part of a carrier's properties is transferred to another carrier, the carrier which will thereafter operate the properties must follow the procedure hereinbefore outlined making such changes in the notice as will specify the particular ports, routes or facilities covered and, if there is any overlapping of the transferred and the remaining service, the same should be explained in the notice.

(2) The old carrier shall immediately file, under proper concurrence from the adopting carrier, a supplement or revised page to each of the tariffs, covered by the adoption notice, setting forth the extent to which the adoption applies to the tariff. The supplement or revised page shall contain no other matter and may be issued without regard to § 531.11 (d).

(3) In such cases, the adopting carrier, as quickly as possible, shall transfer the adopted rates, fares, charges, rules or regulations to its tariffs and the old carrier shall cancel the corresponding matter from its tariff, effective on the same date, with reference to the FMC-F (or -P) number of the adopting carrier for rates, fares, or charges applying thereafter.

[13 F.R. 709, Feb. 17, 1948, as amended at 29 F.R. 9833, July 22, 1964]

§ 531.19 Seasonal discontinuance and restoration of transportation service. Tariffs naming all-water rates or fares applicable via routes closed to navigation during a part of the year may expire, or may be cancelled at the close of navigation and republished at the opening of navigation each year, or may provide for discontinuance and restoration of service in the manner prescribed in this section. (a) Title page notation. The following notation shall appear on the title page of the tariff.

Transportation service via (here insert name of carrier) is subject to discontinuance at close of navigation and restoration upon opening of navigation as provided in Rule page of this tariff.

--

(b) When definite period of service can be determined. (1) When definite dates for restoration and discontinuance of transportation service for each season of navigation can be determined the following rule shall be published in the tariff under the heading "Application of Rates (or fares)":

Shipments (or passengers) will be accepted by this company (or by carriers parties to this tariff) during the period from

(here show earliest date upon which shipments (or passengers) will be accepted for transportation) to

(here show last date upon which shipments (or passengers) will be accepted for transportation, allowing sufficient time for vessel to reach destination before close of navigation) of each year.

(2) No supplements will be issued to this tariff announcing the date of discontinuance or restoration of transportation service.

(c) When definite period of service cannot be determined. When definite dates for restoration and discontinuance of transportation service for each season of navigation cannot be determined, the following rule shall be published under the heading of “Application of Rates (or Fares)":

Shipments (or passengers) will be accepted by this company (or by carriers parties to this tariff) during the period each year from which restoration of transportation service is announced until discontinuance of transportation service is announced, by supplements to this tariff.

NOTE: When either the date of discontinuance or the date of restoration (but not both) of transportation service may be predetermined, the rule in paragraphs (b) and (c) of this section may be modified accordingly.

(d) Supplements. Supplements announcing discontinuance or restoration of transportation service under this section may be filed with the Federal Maritime Commission, and posted at ports from which the rates (or fares) apply, upon not less than ten days' notice, and may be issued without regard to the volume and number of supplements permitted by § 531.11(d). Only one such supplement may be in effect at any time. It shall contain no other matter except that a supplement announcing discontinuance of service shall contain a statement that "service will be restored on (date) unless restored by sup

plement at an earlier date."

(e) Reissue or amendment of tariffs. Tariffs containing all-water rates or fares subject to paragraph (c) of this section may be amended or reissued in the regular way at any time, but if made effective subsequent to the date of discontinuance of service shall contain a statement that "transportation service was discontinued as announced by Supto FMC-F (or -P) (former tariff) (or as announced by Supplement No. to this tariff), that further supplement announcing discontinuance of service will not be filed, and that service will be restored on (date) unless restored by supplement at an earlier date."

on

plement No. No..

(f) Shipments reaching port of transshipment too late for furtherance by water. The tariff rule relating to discontinuance of service should contain provisions covering the handling of shipments which may arrive at carrier's port of embarkation after the date on which the service is discontinued.

§ 531.20 Suspension of tariff publications.

(a) Supplements announcing suspension. When the Commission suspends a tariff, supplement or revised page wholly or in part, the carrier or agent who filed such publication shall immediately file a supplement, which must not bear an effective date, quoting the pertinent parts of the order of suspension which describes the publication or part or parts thereof suspended, and stating that the publication (or the part or parts thereof) specified in the order is (or are) under suspension and may not be used until the date named in the suspension order, and that the rates, fares, charges, classifications, rules, regulations or practices theretofore in effect and

which were to be changed by the suspended publication, or part or parts thereof, shall remain in effect during the period of suspension. Such supplement shall state by FMC number the tariff, supplement or revised page where the matter continued in effect will be found. That part of the Commission's order which prohibits changes in the suspended matter and in the matter continued in effect by reason of the suspension shall be reproduced in the suspension supplement.

(b) Suspended matter reissued. When a supplement or revised page has been suspended in whole, or in part, and prior to the filing of the supplement announcing such suspension there is filed a later supplement or revised page which contains, as reissues, the matter suspended in the previous supplement or revised page, the suspension supplement required by paragraph (a) of this section shall also specifically cancel such reissued matter from the later supplement or revised page. The suspension supplement shall also amend the title page of said later supplement or the later revised page to indicate that cancellations of the previous suspended or revised page shall apply only to the portions thereof not under suspension.

Suspended

(c) Changes prohibited. matter may not be changed or withdrawn or the effective date thereof be further deferred, except by order or special permission of the Commission; and no change may be made in matter which is continued in effect as a result of such suspension, except by order or special permission of the Commission.

(d) Volume of supplemental matter waived. When a tariff is suspended in its entirety the previous tariff and effective supplements or revised pages thereto are continued in effect and will remain in effect during the period of suspension or until lawfully cancelled or reissued. Supplements containing additions or changes in matter not sought to be changed by the suspended tariff may be filed to the previous tariff without regard to the volume of supplemental matter which the effective supplements may contain.

(e) Reissue when suspended in part. The effective matter in a tariff publication, which has been suspended in part, may be reissued during the period of suspension. When this is done the new tariff publication shall cancel the tariff publication which was suspended in part

"except portions under suspension in Docket No. (See paragraph (c)

of this section.)

(f) When suspension order is vacated. (1) When the Commission vacates an order of suspension as of a date earlier than the date to which the tariff publication is suspended, the carrier or agent who filed the tariff publication, which was suspended in whole, or in part, may file with the Commission, on not less than one day's notice, unless otherwise provided by the order, a supplement or revised page, stating the date upon which the tariff publication or any matter contained therein, will become effeotive. Unless such supplement or revised page is filed naming a date earlier than the date to which the tariff publication is suspended, the suspended matter will become effective on the date to which suspended.

(2) When an order which suspended a tariff in its entirety is vacated, the vacating supplement or revised page filed under authority of this section, if made effective on or before the date to which the tariff is suspended, may also include as reissues, the changes or additions which have been lawfully established in supplements or revised pages to the former tariff. No other matter may be included in the vacating supplements.

(g) Cancellation of suspended matter. (1) When the Commission orders the cancellation of a tariff publication or any matter therein, theretofore suspended by it the cancellation shall be effected by filing with the Commission, upon not less than one day's notice, unless otherwise provided by the order, a supplement or revised page stating the date upon which, in accordance with the Commission's order, such suspended

matter is canceled.

(2) If the suspended matter is not canceled on or before the date to which suspended, but is allowed to become effective, the matter which has continued in effect during the period of suspension will thereby be canceled automatically and it will then be necessary, when canceling the suspended matter, to republish and reestablish the former matter.

(h) Section 531.10 waived. (1) Suspension, vacating, and cancellation supplements issued under authority of this section will not be counted against the number of effective supplements or the volume of supplemental matter to which the tariff is entitled under § 531.11, but must list effective supplements as re

86-102-6840

Know all men by these presents: That the (name of carrier) has made, constituted, and appointed, and by these presents does make, constitute and appoint (name of agent), its true and lawful attorney and agent, for and in its name, place, and stead to file tariffs, and classifications, and supplements thereto and revised pages thereof, and when acting for it jointly with one or more carriers, to receive concurrences therein as required on common carriers by water in interstate commerce, by the Intercoastal Shipping Act, 1933, as amended, and by regulations established by the Federal Maritime Commission pursuant to the provisions of said Act, for the period of time, the traffic, and the routes herein designated:

(name

of carrier) does hereby give and grant unto its said attorney and gent full power and authority to do and perform all and every act hereinabove specified as fully, and to all intent and purposes, as if the same were done and performed by the said company, hereby ratifying and confirming all that its attorney and agent may lawfully do by virtue hereof, and assuming full responsibility for the acts and neglects of its said attorney and agent hereunder.

That the authority herein granted shall continue until canceled or revoked.

In witness whereof the said (name of carrier) has caused these presents to be signed in its name by its President and to be duly attested under its

Footnote: Use designations: "MXFA" for freight and “MXPA" for passenger powers of attorney.

(1) Form may be modified. The form may be modified by the omission and/or addition of words to show the exact authority conferred.

(2) Execution; serial number. Powers of attorney shall be issued in the correct and complete name of the individual, firm or corporation, followed, if desired, by the trade name in parentheses. When issued by an individual or by a firm they shall be signed by the owner or owners and when issued by an incorporated company shall be signed by a duly authorized official thereof and attested by its secretary, under corporate seal. Powers of attorney filed by each carrier shall be numbered consecutively in the carrier's MXFA (or MXPA) series beginning with number 1. Separate series shall be maintained for freight and passenger issues. (b) Alternate agent. (1) A carrier may also grant authority to an individual as an alternate agent to file tariffs, supplements thereto or revised pages thereof, in the case of temporary or permanent absence of the agent. In such cases the power of attorney form shall contain a provision reading substantially as follows:

And further, that the (name of carrier) has made, constituted and appointed, and by these presents does make. constitute and appoint as alternate agent (name of alternate agent) its true and lawful attorney and agent for said company, and in its name, place and stead, in case of temporary or permanent absence of the said agent (name of agent) to do and perform the same acts and exercise the same authority, as hereinabove granted (name of agent), and does hereby ratify and confirm all that the said alternate attorney and agent may lawfully do by virtue of the authority hereby granted and does hereby assume full responsibility for the acts and neglects of said alternate attorney and agent.

to

(2) A carrier engaged in a particular trade, as, for example, between U. S. ports and Alaska or Hawaii, may give authority to another carrier also engaged in that

trade to publish in its behalf, its rates, fares, charges, classifications, rules and regulations, by executing a power of attorney in the form substantially as outlined herein.

(3) A carrier to whom authority is given to publish the rates, fares, charges, classifications, rules and regulations of another carrier engaged in the same trade, shall show in its tariffs the name or names of the carriers operating in the same trade, for whose account the rates, fares, charges, classifications, rules and regulations are published as participating therein, and the symbols and numbers of the power of attorney executed in favor of the issuing carrier in the trade as provided in § 531.3(b).

(c) Form of publication by alternate agent. (1) An alternate agent may act only during the temporary or permanent absence of the agent. Tariffs, supplements thereto, or revised pages thereof, filed by an alternate agent during the temporary absence of the agent, shall be published in the name of the agent, per the alternate agent in the following form:

Tariffs, supplements thereto, or revised pages thereof shall be issued and filed in the name of the alternate agent, in cases of permanent absence of agent.

(2) The term "temporary absence" means absence of the agent due to vacation, illness, or other cause.

(3) The term "permanent absence" means absence of the agent caused by permanent disability, separation from the service or death.

(4) An agent or an alternate agent to whom power is granted by power of attorney may not delegate such power of attorney to another.

(5) In the event of separation, permanent disability or death of the principal agent a new power of attorney shall be filed within 90 days canceling the effective power of attorney, and naming the principal and alternate thereafter to

serve.

(d) Cancellation. (1) A power of attorney may be revoked by revocation notice or canceled by a new power of attorney. Revocation notice must bear an effective date, which must be not earlier than the date of receipt by the Commission for filing. A power of attorney, cancelling a previous issue, will become