Reg: Transportation by Water Carriers

49 C.F.R. § 1312.1

Page 1

al law in effect on November 1, 1995.
Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1312. Regulations for the Publication, Posting and Filing of Tariffs for
the Transportation of Property by or with
a Water Carrier in Noncontiguous Domestic Trade (Refs & Annos)
§ 1312.1 Scope; definitions.
(a) Applicability. The provisions of this part address the requirements in 49 U.S.C. 13702 that carriers subject to the Board's jurisdiction under 49
U.S.C. Chapter 135 and providing transportation or
service for the movement of property (except bulk
cargo, forest products, recycled metal scrap, waste
paper, and paper waste) by or with a water carrier
in noncontiguous domestic trade shall publish and
file with the Board tariffs containing the rates for
such transportation.
(b) Exceptions. The provisions of this part do not
apply to:
(1) Any transportation or service provided by a
carrier pursuant to 49 U.S.C. 14101(b); or
(2) The transportation of any cargo or type of
cargo or service which was not subject to regulation by, or under the jurisdiction of, either the
Federal Maritime Commission (FMC) or the
Interstate Commerce Commission under Feder-

(c) Definitions. For the purposes of this part:
Act means part B of subtitle IV of title 49 of the
United States Code.
Agent means a person, association or corporation
authorized to publish and file rates and provisions
on behalf of one or more carriers in tariffs published in the agent's name.
Agent's tariff means a tariff filed in the name of an
agent.
Board means the Surface Transportation Board.
Bound tariff means a tariff consisting of two or
more sheets bound at the left edge in pamphlet or
book form or a single-sheet tariff.
Carrier means a motor carrier, water carrier or
freight forwarder subject to the Board's jurisdiction
under 49 U.S.C. Chapter 135.
Carrier's tariff means a tariff filed in the name of a
carrier.
Collectively established tariff matter means a rate,
charge, rule or other tariff provision established
pursuant to 49 U.S.C. 13703.
Independently established tariff matter means any
rate, charge, rule or other tariff provision not established pursuant to 49 U.S.C. 13703.
Item means a tariff provision of any kind bearing an

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

49 C.F.R. § 1312.1

Page 2

item number designation.

ment, or a looseleaf tariff page.

Joint rate means a rate that applies over the lines or
routes of two or more carriers made by an agreement between the carriers and effected by a concurrence or power of attorney.

Rate means a rate or charge.

Joint tariff means a tariff that contains joint rates or
provisions affecting joint rates.
Local rate means a rate that applies only to one carrier.
Local tariff means a tariff that contains local rates
or provisions affecting local rates.
Looseleaf page means a single page published as
part of a new or reissued looseleaf tariff or as an
amendment to such a tariff.

Service terms mean all classifications, rules and
practices that affect the rates or level of service.
Supplement means a single sheet, or two or more
sheets bound at the left edge in pamphlet or book
form, identified as a supplement and published to
amend or cancel a bound or looseleaf tariff.
Tariff means an issuance (in whole or in part) bearing designations required by this part and containing rates, rules, regulations, classifications or other
provisions published and filed with the Board for
compliance with 49 U.S.C. 13702.
[64 FR 5195, Feb. 3, 1999]

Looseleaf tariff means a tariff consisting of
looseleaf pages.

SOURCE: 62 FR 19058, April 18, 1997, unless otherwise noted.

Noncontiguous domestic trade means transportation
subject to jurisdiction under 49 U.S.C. Chapter 135
involving traffic originating in or destined to
Alaska, Hawaii, or a territory or possession of the
United States.

AUTHORITY: 49 U.S.C.
13702(b) and 13702(d).

721(a),

13702(a),

49 C. F. R. § 1312.1, 49 CFR § 1312.1
Current through March 21, 2013; 78 FR 17299.

Original tariff means a bound or looseleaf tariff as
originally filed excluding amendments.

© 2013 Thomson Reuters.
END OF DOCUMENT

Page means that portion of a tariff or supplement
printed on one side of a sheet.
Post refers to making filed tariffs available to the
public.
Publication means a bound tariff, a tariff supple-

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

49 C.F.R. § 1312.2

Page 1

Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1312. Regulations for the Publication, Posting and Filing of Tariffs for
the Transportation of Property by or with
a Water Carrier in Noncontiguous Domestic Trade (Refs & Annos)
§ 1312.2 Requirement to publish
and file a tariff.
(a) Requirement for tariff. Except when providing
transportation for charitable purposes without
charge, or when providing transportation or service
described in § 1312.1(b), carriers subject to the
Board's jurisdiction under 49 U.S.C. Chapter 135
may provide transportation or service described in §
1312.1(a) only if the rates, and related rules and
practices, for such transportation or service are contained in a published tariff that is on file with the
Board and in effect under this part.
(b) Adherence to tariff. The carrier may not charge
or receive a different compensation for the transportation or service than the rate specified in the
tariff, whether by returning a part of that rate to a
person, giving a person a privilege, allowing the
use of a facility that affects the value of that transportation or service, or another device. The carrier
shall keep such tariffs available for public inspection and shall make such tariffs available to subscribers as required in this part.

(c) Other information. Provisions for information
purposes only may be included in a tariff, provided
they are clearly identified as such. Such provisions
may include rates and service terms covering transportation not subject to regulation by the Board,
and advertising and promotional material.
(d) Effect of filing. The tender of a tariff and its receipt and acceptance by the Board do not relieve a
carrier of liability for violations of the Act, other
laws, the Board's regulations, or any decision of the
Board or a court, or have any effect on the rights of
persons to file complaints for substantive violations
of the Act or the Board's regulations.
(e) Tariff relief. Relief from the provisions of this
part may be sought. Requests for such relief shall
be submitted in duplicate and accompanied by the
appropriate fee (see 49 CFR part 1002). Packages
containing applications for relief shall be prominently marked “SPECIAL TARIFF AUTHORITY
APPLICATION.” The application shall cite all pertinent tariff matter and shall provide complete information regarding applicant's justification, purpose and manner of relief sought.
(f) Invalidation of tariffs. Tariffs that violate section 13702 of the Act, or a regulation of the Board
carrying out that section, may be invalidated by the
Board. When a tariff is invalidated, the party that
filed it will be furnished a written explanation of
the reasons for such action. Tariffs issued in lieu of
invalidated tariffs shall so state.
SOURCE: 62 FR 19058, April 18, 1997, unless otherwise noted.
AUTHORITY: 49 U.S.C.
13702(b) and 13702(d).

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

721(a),

13702(a),

49 C.F.R. § 1312.2

Page 2

49 C. F. R. § 1312.2, 49 CFR § 1312.2
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

49 C.F.R. § 1312.3

Page 1

Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1312. Regulations for the Publication, Posting and Filing of Tariffs for
the Transportation of Property by or with
a Water Carrier in Noncontiguous Domestic Trade (Refs & Annos)
§ 1312.3 Tariff contents and
standards; essential criteria.
(a) Contents. Tariffs filed with the Board must include an accurate description of the services offered
to the public; must provide the specific applicable
rates (or the basis for calculating the specific applicable rates) and service terms; and must be arranged in a way that allows for the determination of
the exact rate(s) and service terms applicable to any
given shipment (or to any given group of shipments).

a way that facilitates the determination of the prices
and services offered, and the related service terms.
Ambiguous terms and complex methods of presentation shall not be used.
(d) Explanations. Reference marks and abbreviations, other than commonly used abbreviations,
shall be explained either in the item in which they
are used or in a separate item.
SOURCE: 62 FR 19058, April 18, 1997, unless otherwise noted.
AUTHORITY: 49 U.S.C.
13702(b) and 13702(d).

721(a),

13702(a),

49 C. F. R. § 1312.3, 49 CFR § 1312.3
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

(b) Use of multiple tariffs. All information necessary to determine applicable rates and service terms
for a given shipment need not be contained in a
single tariff, but if multiple tariffs are used to convey that information, the tariff containing the rates
must make specific reference (by STB tariff designation) to all other tariffs required to determine applicable rates and service terms, and the carrier(s)
party to the rates must participate in all of the tariffs so linked.
(c) Clarity. Tariff information must be presented in

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

49 C.F.R. § 1312.4

Page 1

er or agent;
Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1312. Regulations for the Publication, Posting and Filing of Tariffs for
the Transportation of Property by or with
a Water Carrier in Noncontiguous Domestic Trade (Refs & Annos)
§ 1312.4 Filing of tariffs.
(a) Filing requirements.
(1) Tariffs shall be filed in English with rates
explicitly stated in U.S. dollars and cents. Two
copies of each tariff publication shall be filed
with the Board. Packages containing tariff filings should be prominently marked “TARIFF
FILING” and addressed to: Section of Tariffs,
Surface Transportation Board, 1925 K Street,
NW., Washington, DC 20423–0001.

(ii) The number of pages transmitted;
(iii) The filing fee enclosed, the account number to be billed, or the credit card to be
charged;
(iv) The transmittal number if the filer utilizes
transmittal numbers; and
(v) If the filing fee is charged to a credit card,
the credit card number and expiration date, and
an authorized signature.
(b) Paper size. Tariffs shall be printed on paper not
larger than 8 1/2 x 11 inches.
SOURCE: 62 FR 19058, April 18, 1997, unless otherwise noted.
AUTHORITY: 49 U.S.C.
13702(b) and 13702(d).

721(a),

13702(a),

49 C. F. R. § 1312.4, 49 CFR § 1312.4
Current through March 21, 2013; 78 FR 17299.

(2) A tariff filing must be accompanied by an
authorized document of transmittal identifying
each publication filed, and by the appropriate
filing fee (see 49 CFR part 1002). Acknowledgment of Board receipt of a tariff filing can
be obtained by enclosing a duplicate transmittal
letter and a postage-paid, self-addressed return
envelope. Each transmittal letter shall clearly
indicate in the upper left-hand corner thereof:

© 2013 Thomson Reuters.
END OF DOCUMENT

(i) The assigned alpha code of the issuing carri-

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

49 C.F.R. § 1312.5

Page 1

Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1312. Regulations for the Publication, Posting and Filing of Tariffs for
the Transportation of Property by or with
a Water Carrier in Noncontiguous Domestic Trade (Refs & Annos)
§ 1312.5 Amendments to tariffs.
(a) Manner of making changes. An amendment is a
change in, addition to, or cancellation of part of a
tariff. Supplements are the tariff publications used
to amend bound tariffs, and new or revised pages
are the tariff publications normally used to amend
looseleaf tariffs, although looseleaf tariffs can also
be amended by supplements. Tariffs can also be
canceled by new or reissued tariffs (see § 1312.7).

cancel the prior version(s) of the same page (e.g.,
1st Revised Page 1 Cancels Original Page 1, 2nd
Revised Page 1 Cancels 1st Revised Page 1, etc.).
Additional original pages may also be issued to
amend a tariff, by adding new numbered pages after
the last numbered page, or by adding existing
numbered pages with alphabetic suffixes (e.g., a
page designated as Original Page 2–A could be added between pages 2 and 3, etc.). Each looseleaf
tariff shall include a Check Sheet, a Correction
Number Check Sheet, or some other method of determining the looseleaf pages issued to amend such
tariff.
SOURCE: 62 FR 19058, April 18, 1997, unless otherwise noted.
AUTHORITY: 49 U.S.C.
13702(b) and 13702(d).

721(a),

13702(a),

49 C. F. R. § 1312.5, 49 CFR § 1312.5
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

(b) Supplements. Supplements issued to amend a
tariff shall be consecutively numbered. Each new
supplement shall identify any supplement(s) that it
cancels, and any supplement(s) that are still in effect. A tariff amendment published in a supplement
may be carried forward to later supplements if it is
identified as reissued without change from the supplement in which it was originally published.
(c) Looseleaf pages. Looseleaf pages to an original
tariff shall be designated as “Original” (e.g., Original Title Page, Original Page 1, Original Page 2,
etc.). Looseleaf pages issued to amend the tariff
shall bear consecutive revision numbers and shall

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

49 C.F.R. § 1312.6

Page 1

Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1312. Regulations for the Publication, Posting and Filing of Tariffs for
the Transportation of Property by or with
a Water Carrier in Noncontiguous Domestic Trade (Refs & Annos)
§ 1312.6 Advance notice required.
(a) Notice requirement. Unless otherwise specifically authorized by the Board, tariffs must be filed
with the Board on not less than the notice shown in
paragraph (b) of this section. Notice means the
number of days the publication is on file with the
Board prior to its effective date(s). The date the
publication is received by the Board counts as the
first day of notice.
(b) Length of notice. A tariff may not become effective earlier than:
(1) Thirty days after filing for all collectively
established tariff matter.
(2) Seven workdays after filing for independently established increased tariff matter.
(3) Upon filing for independently established
new tariff matter, independently established reduced tariff matter, the addition or restoration

of a carrier's participation in a tariff, a correction to the list of participating carriers in a tariff (other than the cancellation of a carrier's
participation), an extension of the expiration
date of tariff matter, or a postponement of the
effective date of proposed tariff matter.
(c) Receipt of tariffs by the Board. The Board will
receive tariff filings between the hours of 8:30
A.M. and 5:00 P.M. Eastern Time on workdays.
Tariff filings delivered to the Board on other than a
workday, or after 5:00 P.M. on a workday, will be
considered as received the next workday.
(d) Definitions. For the purposes of this section:
Increased means any tariff change that results in
higher charges to the payer of freight charges or reduced service at the same rate;
New means an initial rate or other provision for a
new service;
Reduced means any tariff change that results in
lower charges to the payer of freight charges or expanded service at the same rate; and
Workdays means all days except Saturdays,
Sundays and all Federal holidays observed in the
District of Columbia.
[64 FR 5195, Feb. 3, 1999]
SOURCE: 62 FR 19058, April 18, 1997, unless otherwise noted.
AUTHORITY: 49 U.S.C.
13702(b) and 13702(d).

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

721(a),

13702(a),

49 C.F.R. § 1312.6

Page 2

49 C. F. R. § 1312.6, 49 CFR § 1312.6
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

49 C.F.R. § 1312.7

Page 1

Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1312. Regulations for the Publication, Posting and Filing of Tariffs for
the Transportation of Property by or with
a Water Carrier in Noncontiguous Domestic Trade (Refs & Annos)
§ 1312.7 STB tariff designation.
(a) Format. Every tariff shall show an authorized
tariff designation consisting of:
(1) The characters “STB”;
(2) The assigned alpha code of the carrier or
agent issuing the tariff; and
(3)(i) The tariff number (selected by the carrier
or agent) to distinguish that tariff from all other
tariffs filed by the same issuing carrier or
agent. Tariff numbers shall not exceed 5 numerical digits and may be followed by not
more than 2 letter suffixes. Examples of tariff
numbers are:

(ii) Suffixes may be used only to designate reissues of tariffs. As an example, a reissue of
tariff 1000 could be designated 1000–A, a reissue of tariff 1000–A could be designated
1000–B, etc.
(b) Alpha codes. Alpha codes are assigned to carriers and tariff agents by the National Motor Freight
Traffic Association, Inc., 2200 Mill Road, Alexandria, VA 22314.
(c) Fees for assignment. Fees may be assessed for
the assignment of codes, but may not exceed the
processing costs.
(d) Code listing. A list of the assigned alphabetical
codes, and the names of the carriers and agents to
which they are assigned, as well as subsequent
changes to the list, shall be submitted to the Board's
Section of Tariffs.
SOURCE: 62 FR 19058, April 18, 1997, unless otherwise noted.
AUTHORITY: 49 U.S.C.
13702(b) and 13702(d).

721(a),

13702(a),

49 C. F. R. § 1312.7, 49 CFR § 1312.7
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

STB XXXX 100
STB XX 8000–A
STB XXXX 12345–AB

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

49 C.F.R. § 1312.8

Page 1

AUTHORITY: 49 U.S.C.
13702(b) and 13702(d).

721(a),

13702(a),

Effective:[See Text Amendments]
49 C. F. R. § 1312.8, 49 CFR § 1312.8
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1312. Regulations for the Publication, Posting and Filing of Tariffs for
the Transportation of Property by or with
a Water Carrier in Noncontiguous Domestic Trade (Refs & Annos)
§ 1312.8 Identification of tariff
publication.

Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

(a) Every tariff publication filed with the Board
shall include:
(1) The STB tariff designation;
(2) The name of the issuing carrier or agent;
(3) The name of the tariff; and
(4) The issue and effective dates of the publication.
(b) If the publication contains matter effective on
other than the general effective date, the notation
(Except as Noted) shall be included with the general effective date.
SOURCE: 62 FR 19058, April 18, 1997, unless otherwise noted.

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

49 C.F.R. § 1312.9

Page 1

SOURCE: 62 FR 19058, April 18, 1997, unless otherwise noted.
Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1312. Regulations for the Publication, Posting and Filing of Tariffs for
the Transportation of Property by or with
a Water Carrier in Noncontiguous Domestic Trade (Refs & Annos)
§ 1312.9 Statement of tariff application and other title page requirements.

AUTHORITY: 49 U.S.C.
13702(b) and 13702(d).

721(a),

13702(a),

49 C. F. R. § 1312.9, 49 CFR § 1312.9
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

Every new or reissued tariff or supplement filed
with the Board shall lead with a title page. The title
page of each tariff or supplement shall include the
expiration date of the tariff or supplement, if applicable. The title page of each tariff shall also
provide the complete name and address of the issuing carrier or agent; a contact person and telephone
number; the certificate or operating authority number, if applicable; and a succinct statement of territorial application, mode of serving carrier(s), type of
rates, and description of tariff content. EXAMPLES:
(a) Local water carrier rates on FREIGHT, ALL
KINDS from points in Alaska to points in the
United States.
(b) Joint motor/water commodity rates in containerized service between interior points in the United
States and ports in Puerto Rico and Hawaii; and
governing rules.

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

49 C.F.R. § 1312.10

Page 1

Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1312. Regulations for the Publication, Posting and Filing of Tariffs for
the Transportation of Property by or with
a Water Carrier in Noncontiguous Domestic Trade (Refs & Annos)
§ 1312.10 Notification of tariff
changes and nature of changes.
Every publication filed with the Board containing
tariff changes shall clearly identify such changes
and their nature (whether an increase or decrease in
service, rates or transportation charges).
SOURCE: 62 FR 19058, April 18, 1997, unless otherwise noted.
AUTHORITY: 49 U.S.C.
13702(b) and 13702(d).

721(a),

13702(a),

49 C. F. R. § 1312.10, 49 CFR § 1312.10
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

49 C.F.R. § 1312.11

Page 1

Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1312. Regulations for the Publication, Posting and Filing of Tariffs for
the Transportation of Property by or with
a Water Carrier in Noncontiguous Domestic Trade (Refs & Annos)
§ 1312.11 Special notification for
ordered matter.
Every tariff publication containing matter filed in
compliance with a Board decision or court order
shall indicate in the publication the relevant decision or order, and as well the number of days' notice authorized or required.
SOURCE: 62 FR 19058, April 18, 1997, unless otherwise noted.
AUTHORITY: 49 U.S.C.
13702(b) and 13702(d).

721(a),

13702(a),

49 C. F. R. § 1312.11, 49 CFR § 1312.11
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

49 C.F.R. § 1312.12

Page 1

Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1312. Regulations for the Publication, Posting and Filing of Tariffs for
the Transportation of Property by or with
a Water Carrier in Noncontiguous Domestic Trade (Refs & Annos)
§ 1312.12 Posting requirements.
(a) General posting requirements.
(1) Each carrier shall maintain, at its principal
office, a complete set of its tariffs (proposed
and effective) and those to which it is a party.
(2) Each carrier shall also maintain some or all
of its tariffs at other locations, as may be useful. Carriers shall provide information regarding all locations where tariffs may be viewed.

the location of the nearest available tariff. The
notice shall be in large print and posted in a
conspicuous place. In addition, the carrier
shall, upon request, make particular tariffs
available at that location as soon as possible
but not later than within 20 days, or provide the
sought information orally if satisfactory to the
requestor.
(5) Any publication referred to in a tariff must
be posted with that tariff.
(b) Exception to the posting requirements. If any
tariff maintained pursuant to paragraph (a)(2) of
this section has not been used for a substantial
length of time, the posting of that tariff, including
its reissues, may be discontinued at that station until such time as a request is made to have it reposted. It shall then be reposted within 20 days.
SOURCE: 62 FR 19058, April 18, 1997, unless otherwise noted.
AUTHORITY: 49 U.S.C.
13702(b) and 13702(d).

721(a),

13702(a),

49 C. F. R. § 1312.12, 49 CFR § 1312.12
Current through March 21, 2013; 78 FR 17299.

(3) At all points where tariffs are posted, they
shall be made available for inspection by any
person during the carrier's normal business
hours. The tariffs shall be accessible and readable. The carrier shall also post, in a conspicuous place in those locations, a notice, in large
print, which contains a statement that the tariffs
are available for public inspection.

© 2013 Thomson Reuters.
END OF DOCUMENT

(4) At all other carrier business offices, the carrier shall display a notice advising the public of

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

49 C.F.R. § 1312.13

Page 1

Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1312. Regulations for the Publication, Posting and Filing of Tariffs for
the Transportation of Property by or with
a Water Carrier in Noncontiguous Domestic Trade (Refs & Annos)
§ 1312.13 Furnishing copies of
tariff publications.
(a) Definitions. Subscriber, as used in this section,
means any person (other than carrier participants in
a tariff) that is voluntarily furnished, or that requests that it be furnished, one or more copies of a
particular tariff with or without subsequent amendments or reissues of that tariff.

subscriber, furnish only specific portions of
original tariffs and amendments affecting those
portions.
(c) Certification. The letter of transmittal accompanying the copies filed with the Board shall contain
the following certification:
I certify that compliance with 49 CFR 1312.13 has
been made.
(d) Charges.
(1) If any charge is made, the charge for copies
of tariff publications sent to subscribers shall
be reasonable, and identical for the same publications.
(2) No charge may be made (even for the cost
of sending the publication) for any publication
that is invalidated by the Board.
(e) Notice of invalidation. If a publication is invalidated, the subscribers shall be notified.

(b) Sending new publications to subscribers.
(1) The publishing carrier or agent shall send
each newly-issued tariff, supplement, or looseleaf page as requested to each subscriber by
first class mail, or other means requested in
writing by the subscriber.
(2) Newly-issued tariffs, supplements, or looseleaf pages shall be sent to each subscriber not
later than the time the copies for official filing
are sent to the Board.

(f) Alternative subscription services. The service
described in this section must be available to any
subscriber requesting it; however, the requirement
to offer such service does not preclude the offering
of different services to subscribers requesting those
services.
SOURCE: 62 FR 19058, April 18, 1997, unless otherwise noted.
AUTHORITY: 49 U.S.C.
13702(b) and 13702(d).

(3) Carriers or agents may, if acceptable to a

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

721(a),

13702(a),

49 C.F.R. § 1312.13

Page 2

49 C. F. R. § 1312.13, 49 CFR § 1312.13
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

49 C.F.R. § 1312.14

Page 1

SOURCE: 62 FR 19058, April 18, 1997, unless otherwise noted.
Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1312. Regulations for the Publication, Posting and Filing of Tariffs for
the Transportation of Property by or with
a Water Carrier in Noncontiguous Domestic Trade (Refs & Annos)
§ 1312.14 Powers of attorney and
concurrences.

AUTHORITY: 49 U.S.C.
13702(b) and 13702(d).

721(a),

13702(a),

49 C. F. R. § 1312.14, 49 CFR § 1312.14
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

(a) Authorization. Rates and services of a carrier
must be filed in a tariff issued in that carrier's name
unless they are filed:
(1) In an agent's tariff when the carrier has executed a power of attorney authorizing that individual or entity to serve as its tariff agent; or
(2) In a tariff of another carrier through issuance of a concurrence to the latter carrier authorizing the first carrier's participation in joint
rates and through routes.
(b) Disclosure of authorization. If two or more carriers execute powers of attorney to the same agent,
it is not necessary for those carriers to exchange
concurrences to participate in joint rates in that
agent's tariffs. Powers of attorney and concurrences
are not to be filed with the Board, but shall be
provided to any person on request.

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

49 C.F.R. § 1312.15

Page 1

have not issued them must be canceled from the tariff.
Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1312. Regulations for the Publication, Posting and Filing of Tariffs for
the Transportation of Property by or with
a Water Carrier in Noncontiguous Domestic Trade (Refs & Annos)
§ 1312.15 Change of carrier or
agent.

SOURCE: 62 FR 19058, April 18, 1997, unless otherwise noted.
AUTHORITY: 49 U.S.C.
13702(b) and 13702(d).

721(a),

13702(a),

49 C. F. R. § 1312.15, 49 CFR § 1312.15
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

(a) Change in carrier. When a carrier's name is lawfully changed, or a fiduciary assumes possession
and control of a carrier's property, all affected tariffs must be amended to reflect the change. The
amendments required by this paragraph shall be
filed promptly and, if possible, prior to their effective date, but in no case later than 60 days thereafter. Regardless of the date the tariff is actually
filed, the effective date for an amendment required
by this paragraph is the date the event occurs.
(b) Change of agent. When a new agent is appointed to take over an agency, or when an alternate
agent assumes the duties of the principal agent,
each of the superseded agent's effective tariffs shall
immediately be amended to reflect the change,
bearing an effective date the same as the date of the
transfer. In the case of a new agent, this may only
occur after one or more of the participating carriers
issues a power of attorney to the new agent, and revokes the previous power of attorney. At the same
time, all affected tariffs will be amended to reflect
the new powers of attorney, and all carriers who

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

49 C.F.R. § 1312.16

Page 1

13702(b) and 13702(d).
Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1312. Regulations for the Publication, Posting and Filing of Tariffs for
the Transportation of Property by or with
a Water Carrier in Noncontiguous Domestic Trade (Refs & Annos)
§ 1312.16 Substitution of service.

49 C. F. R. § 1312.16, 49 CFR § 1312.16
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

If a water or motor carrier (hereafter referred to as
Carrier A) desires to have the option of substituting
the services of a carrier of a different transportation
mode (hereafter referred to as Carrier B) for part of
its movement of a shipment, it may do so if:
(a) The shipment moves on the bill of lading that
would be used if Carrier A were performing the service;
(b) Carrier A assumes the responsibility for the lading while it is in the possession of Carrier B; and
(c) Movement of the lading has been made prior to,
or will be made subsequent to, the service performed by Carrier B.
SOURCE: 62 FR 19058, April 18, 1997, unless otherwise noted.
AUTHORITY:

49

U.S.C.

721(a),

13702(a),

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.

49 C.F.R. § 1312.17

Page 1

Effective:[See Text Amendments]
Code of Federal Regulations Currentness
Title 49. Transportation
Subtitle B. Other Regulations Relating to
Transportation
Chapter X. Surface Transportation Board,
Department of Transportation
Subchapter D. Carrier Rates and Service Terms
Part 1312. Regulations for the Publication, Posting and Filing of Tariffs for
the Transportation of Property by or with
a Water Carrier in Noncontiguous Domestic Trade (Refs & Annos)
§ 1312.17 [Reserved]
[64 FR 5195, Feb. 3, 1999]
SOURCE: 62 FR 19058, April 18, 1997, unless otherwise noted.
AUTHORITY: 49 U.S.C.
13702(b) and 13702(d).

721(a),

13702(a),

49 C. F. R. § 1312.17, 49 CFR § 1312.17
Current through March 21, 2013; 78 FR 17299.
© 2013 Thomson Reuters.
END OF DOCUMENT

© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.