PART 205-REPORTS OF MOTOR CARRIERS $ 205.1 Form prescribed for annual reports. NOTE: Annual Report Form A for the year ended December 31, 1940, was prescribed by Order, Feb. 15, 1941; 6 F.R. 1053. Copies of this form are furnished to carriers to render reports to the Commission, and are available also by purchase from the Superintendent of Documents, Government Printing Office, Washington, D. C. Filed as a part of the original document with the Division of the Federal Register, The National Archives. PART 211-SCOPE OF OPERATING AUTHORITY: ROUTES § 211.1 Use of Pennsylvania Turnpike (toll highway) between Harrisburg and Pittsburgh, Pa., by carriers authorized to operate over parallel routes. (a) Common and contract carriers subject to the Interstate Commerce Act who are authorized to engage in regular-route operations over U. S. Highway 40 through Pennsylvania and Maryland, and over U. S. Highways 22, 30, and 422 through Pennsylvania, may, without obtaining prior authority therefor, use the Pennsylvania Turnpike (toll highway) between Harrisburg and Pittsburgh, Pa., and such additional highways as may be required in traveling via the shortest practicable route between the authorized highways and the Turnpike in performing their authorized operations, subject to the following conditions: (1) The carrier shall give notice by a letter to the Commission (a copy of which shall be served on every known competitor) of its intention to use the Turnpike, stating its presently authorized route and giving a complete description of the proposed route, including the points between which it intends to use the Turnpike and specifying the additional highways that will be traversed in traveling to and from the Turnpike. The letter shall state that a copy has been served upon each competitor known to the applicant, and shall include a list of such competitors. (2) The letter shall state that the carrier will continue to furnish reasonable and adequate service at points on other routes which the carrier is authorized to serve, and that it will not serve new points or points it is not now authorized to serve, and that the use of the Turnpike will not enable the carrier to engage in transportation between any points where, because of the circuity of its present route, or otherwise, such operation is not now practicable. (3) The right to use the Turnpike as an alternate route shall continue only so long as the carrier is entitled to use the portions of the above-mentioned U. S. Highways 22, 30, 40, and 422 which are parallel to the Turnpike, when performing service authorized under the Interstate Comerce Act, and only so long as the conditions mentioned herein are observed. (b) If any competitor or other party in interest shall be of the opinion that any carrier filing notice of intent to operate over the Turnpike does not meet the terms of the conditions specified herein, a protest may be filled within 30 days from the date the notice is given, in which case the Commission will give consideration to the application and protest and make a determination of the particular case. (c) Motor carriers whose authority is limited to operations over specified highways and who are not authorized to operate over the portions of the U. S. Highways above named or the Pennsylvania Turnpike, but who desire to use the Turnpike as an alternate route in performing their authorized service, must apply for such authority on Form B. M. C. 74 and receive authority before using the Turnpike. (Secs. 208 (b) and 209 (b), 49 Stat. 552, 553; 49 U.S.C. 308 (b), 309 (b)) [June 13, 1941; 6 F.R. 2993] Subchapter C-Carriers by Water By Order of Jan. 13, 1941; 6 F.R. 526, the Commission, under authority of sec. 202, 54 Stat. 952; 49 U.S.C. 901 (note), postponed the effective date of secs. 304 (c), 305, 306(a)–(d), 307 (a)-(g), 308, 314, 317 (b) and (c), 318, 320 (a)-(d), 322 of Part III of the Interstate Commerce Act (54 Stat. 933, et seq.; 49 U.S.C. 904 (c), 905, 906 (a)-(d), 907 (a)-(g), 908, 914, 917 (b) and (c), 918, 920 (a)-(d), 922) until Mar. 1, 1941. PART 302-LIST OF FORMS § 302.2 B. W. C. 2. Applications for certificates by common carriers by water and applications for permits by contract carriers by water subject to the provisions of Part III of the Interstate Commerce Act, insofar as such applications cover operations instituted prior to February 1, 1941. [Jan. 23, 1941; 6 F.R. 649] § 302.3 B. W. C. 3. Applications for certificates as common carriers by water and for permits as contract carriers by water covering proposed new operations, and applications for revised certificates and permits subject to Part III of the Interstate Commerce Act. [Jan. 23, 1941; 6 F.R. 649] § 302.4 B. W. C. 4. Application for exemption of persons or classes of persons from the provisions of Part III of the Interstate Commerce Act, under section 302 (e) thereof, and applications for certificates of exemption of water carriers from the provisions of Part III of the Interstate Commerce Act under section 303 (h) thereof. [Jan. 23, 1941; 6 F.R. 649] $302.5 B. W. C. 5. Notice to the effect that application has been filed with the Interstate Commerce Commission by applicants for certificates as common carriers by water and for permits as contract carriers by water subject to the provisions of Part III of the Interstate Commerce Act, under section 309 thereof. [Jan. 23, 1941; 6 F.R. 650] § 302.7 B. W. C. 7. Application for certificates covering extension of services made pursuant to the proviso of section 309 (d) by common carriers by water subject to part III of the Interstate Commerce Act. [June 11, 1941; 6 F.R. 3118] Sec. 305.1 305.2 PART 305-EXTENSIONS OF OPERATIONS Applications for certificates. Proof of convenience and necessity. AUTHORITY: §§ 305.1 and 305.2, issued under sec. 309, 54 Stat. 942; 49 U.S C. 909. SOURCE: §§ 305.1 and 305.2, contained in Order, June 11, 1941; 6 FR. 3118. EXTENSIONS BY COMMON CARRIERS OVER NEWLY COMPLETED WATERWAYS PROJECTS § 305.1 Applications for certificates. (a) A common carrier subject to part III of the Interstate Commerce Act must obtain a certificate from the Commission covering any extension of services, pursuant to the proviso of sec. 309 (d) of said Act, over uncompleted portions of waterway projects now or hereafter authorized by Congress, over the completed portions of which it already operates. (b) Applications for such certificates shall be in the form provided for in § 302.7, and must be filed with the Commission not later than the date of the filing of tariffs establishing rates and charges for transportation of passengers or property over that portion of the waterway embraced in such application and in no event later than the date on which the extended operations are instituted. (c) Applications for certificates covering such extended services shall be served on interested parties in the manner provided in form B. W. C. 7 (see § 302.7). $305.2 Proof of convenience and necessity. (a) No common carrier subject to part III of the Interstate Commerce Act shall institute such extended services after the expiration of 120 days from the date on which the uncompleted portions of such projects are open for navigation without first obtaining a certificate from the Commission based upon proof of public convenience and necessity. (b) If extended services are instituted within 120 days after the uncompleted portions of such projects are open for navigation and an application is filed as provided in § 305.1, a certificate covering such extended services will be issued without proof of public convenience and necessity (proof of public convenience and necessity will be required in connection with applications filed for the institution of such extended services after the expiration of such 120-day period). PART 310-SETTLEMENT OF RATES AND CHARGES OF COMMON CARRIERS. Sec. 310.1 Relinquishment of freight in advance of payment of charges. 310.2 Extension of credit for 48-hour period. 310.3 Extension of credit for 96-hour period. 310.4 Computation of credit period. 310.5 310.6 Presentation of freight bills; mailing. Extension of credit for additional charges. 310.7 Extension of credit for demurrage charges. 310.8 Collection of freight charges; mailing. AUTHORITY: §§ 310.1 to 310.8, inclusive, issued under sec. 318, 54 Stat. 949; 49 U.S.C. 918. SOURCE: §§ 310.1 to 310.8, inclusive, contained in Regulations, Interstate Commerce Commission, Aug. 29, 1941, effective Oct. 5, 1941; 6 F.R. 4591. § 310.1 Relinquishment of freight in advance of payment of charges. All common carriers of property by water subject to Part III of the Interstate Commerce Act, after having taken precautions deemed by them to be sufficient to assure payment of their freight charges within the credit periods hereinafter specified, such as examination of the credit rating of the person or persons undertaking to pay the freight charges or the obtaining of satisfactory surety bonds, are hereby authorized to relinquish possession of freight at destination or in advance of the payment of the tariff charges lawfully due thereon and to extend credit to those who undertake to pay such charges, as hereinafter authorized. '§ 310.2 Extension of credit for 48hour period. Except as otherwise provided in § 310.3, credit may be extended for a period not exceeding 48 hours, computed as provided in § 310.4. § 310.3 Extension of credit for 96hour period. When retention of possession of freight by the carrier until the tariff rates and charges thereon have been paid will retard prompt delivery or will retard prompt release of equipment or terminal facilities of the carrier, credit may be extended for a period not exceeding 96 hours, computed as provided in § 310.4. § 310.4 Computation of credit period. (a) When the freight bill is presented to the person or persons undertaking to pay the charges prior to, or at the time of, delivery of the freight, the 48-hour and 96-hour periods of credit shall run from the first 12 o'clock midnight following delivery of the freight. (b) When the freight bill is presented to the person or persons undertaking to pay the charges subsequent to the time the freight is delivered, the 48-hour and 96-hour periods of credit shall run from the first 12 o'clock midnight following presentation of the freight bill. (c) Sundays and legal holidays, other than Saturday half holidays, may be excluded from the computation of the periods of credit. $310.5 Presentation of freight bills; mailing. (a) Except as otherwise provided in paragraph (b) of this section and in §§ 310.6 and 310.7, carriers shall present freight bills for all transportation charges to the person or persons undertaking to pay those charges promptly as practicable but in every case prior to the second 12 o'clock midnight following delivery of the freight. as (b) When information sufficient to enable the carrier to compute the tariff charges is not available to the carrier at the point where it computes the charges, presentation of the freight bill may be delayed until such information is available. In such cases it shall be the duty of the shipper (or consignee, as the case may be) to present, and of the carrier to obtain, the information as promptly as practicable. If, in any case, the necessary information has not become available to the carrier at the point where it computes the charges within 15 days after delivery of the freight, carrier shall present the freight bill and collect charges based upon the best information in its possession and arrange for correction later when detailed information is furnished. (c) The person or persons undertaking to pay freight charges may elect to have their freight bills presented by means of the United States mails. When mail service is so used, the time of mailing by the carrier shall be deemed to be In case the presentation of the bills. of dispute as to the time of mailing, the post mark shall be accepted as showing such time. § 310.6 Extension of credit for additional charges. Where carrier has relinquished possession of freight and collected the amount of tariff charges represented in a freight bill presented by it as the total amount of such charges and another freight bill for additional charges is thereafter presented to the shipper the carrier may extend credit in the amount of such additional charges for a period of 30 days, to be computed as herein set forth, from the date of the presentation of the subsequently presented freight bill. § 310.7 Extension of credit for demurrage charges. Where the amount of demurrage charges is determinable under average agreements made in accordance with tariff provisions the carrier may delay the presentation of bills for such demurrage charges for a period not to exceed 15 days from the expiration of the authorized demurrage period and may extend credit in the amount of the demurrage charges accruing during the demurrage period for 15 days from the presentation of the bill for such charges. § 310.8 Collection of freight charges; mailing. Mailing by the person or persons paying the freight charges of valid checks, drafts, or money orders, which are satisfactory to the carrier, in pay 311.7 Contents. Applications for special permission. 311.8 311.11 AUTHORITY: §§ 311.0 to 311.13, inclusive, issued under sec. 306 (b), 54 Stat. 935; 49 U.S.C. 906 (e). SOURCE: In §§ 311.1 to 311.13, inclusive, the numbers to the right of the decimal point correspond with the respective rule numbers in Rules for construction, filing, and posting of passenger tariffs of common carriers by water, Interstate Commerce Commission Tariff Circular No. 23, Dec. 31, 1940, effective Mar. 1, 1941;1 6 F.R. 104, 527. § 311.0 Definition and general provisions—(a) Definition. The term “tariff” as used herein means a publication stating the fares and charges of a common carrier, and the rules and regulations which apply in connection therewith. (b) Conformation to regulations, etc. All tariffs applicable on traffic subject to the regulations in this part must conform to all of their provisions, except as otherwise authorized by the Commission. They shall state and arrange the fares, charges, rules, and regulations clearly and explicitly in such manner that there will be no doubt of their proper application. Carriers or their agents may not publish fares or provisions which duplicate or conflict with fares or provisions published by or for account of such carriers. Tariffs governed by the regulations in this part must not contain: Joint water-rail fares; Contract carrier fares or charges. 1 The effective date of § 311.11 is May 1, 1941. § 311.1 Construction and filing. (a) All tariffs and supplements thereto shall be in book or pamphlet form, of size 8 inches wide by 11 inches long, and shall be plainly printed on paper of durable quality, from type of size not smaller than 8-point (full face), except that 6-point (full face) type may be used for explanation of reference marks. The term "printed" includes reproduction by stereotype, mimeograph, planograph, or other similar durable process. All copies posted and filed must be clear and legible in all respects. No erasure or other alteration shall be made in any tariff or supplement thereto. A margin of not less than five-eights of an inch without any printing thereon shall be allowed at the binding edge of each tariff or supplement. No advertising matter shall be included in any tariff or supplement thereto. All tariffs of each carrier or agent shall be numbered consecutively. Carriers or agents not now filing with this Commission should commence with I.C.C. No. 1, and others should continue their present series of numbers. (See § 311.13) Tariffs shall have each page thereof numbered. When portions of a tariff or of a supplement thereto are designated as items, they must be given numbers. (b) All tariffs and supplements (except as provided in paragraph (c) of this paragraph) must be filed and posted at least 30 days prior to the effective date thereof, unless otherwise authorized by the Commission. (c) Tariffs published to become effective on the date on which section 306 (a) of the Interstate Commerce Act becomes effective, but not thereafter, may be filed and posted upon not less than one day's notice, that is, at least one day prior to the effective date thereof. All subsequent publications must comply with paragraph (b) of this paragraph. (d) Issuing carriers or their agents shall file with the Commission two copies of each tariff or supplement. Both copies shall be included in one package accompanied by a letter of transmittal (see § 311.9) listing all publications enclosed, and shall be addressed to the "Interstate Commerce Commission, Section of Tariffs, Washington, D. C." All postage or other charges must be prepaid. § 311.2 Indication of changes. All tariffs and supplements shall indicate the changes from preceding issues by use of the following symbols: or (R) to denote reductions. ▲ or (C) to denote changes, the result of which is neither an increase nor a reduction. § 311.3 Title pages. The title-page of each tariff and supplement shall show in the order named: (a) In the upper right-hand corner, the I.C.C. number of the tariff. (b) When a tariff is issued canceling a tariff or tariffs previously filed, the I.C.C. number or numbers of the tariff or tariffs canceled in the upper right-hand corner immediately under the I.C.C. number of the new tariff. Example: I.C.C. No. 2 cancels I.C.C. No. 1 (c) Supplements, in addition to showing the I.C.C. number of the tariff amended thereby, shall be numbered consecutively beginning with No. 1 and such information shall be shown in the upper right-hand corner. Supplements shall also show in the upper right-hand corner the number of any previous supplement canceled thereby and also the numbers of the effective supplements containing all changes from the tariff. (See § 311.13) Example: Supplement No. 3 I. C. C. No. 1 Supplements Nos. 1 and 3 contain all changes (d) The name of the carrier or agent issuing the tariff in the upper central portion of the title-page. The name of the carrier shall be the same as that used in its application for a certificate or in the certificate when issued. If the carrier is not a corporation and a trade name is used, the name of the individual or partners shall precede the trade name. Example: John Doe and William Doe A. B. C. Transportation Co. (e) The character of the tariff; for example, whether local or joint or both. (f) A brief description of the territories in which, or points from and to which, |