[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1312.1]

[Page 220-221]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER X--SURFACE TRANSPORTATION BOARD, DEPARTMENT OF TRANSPORTATION 
                               (Continued)
 
PART 1312_REGULATIONS FOR THE PUBLICATION, POSTING AND FILING OF TARIFFS 
 
Sec. 1312.1  Scope; definitions.

FOR THE TRANSPORTATION OF PROPERTY BY OR WITH A WATER CARRIER IN 
NONCONTIGUOUS DOMESTIC 
TRADE--Table of Contents




Sec.
1312.1 Scope; definitions.
1312.2 Requirement to publish and file a tariff.
1312.3 Tariff contents and standards; Essential criteria.
1312.4 Filing of tariffs.
1312.5 Amendments to tariffs.
1312.6 Advance notice required.
1312.7 STB tariff designation.
1312.8 Identification of tariff publication.
1312.9 Statement of tariff application and other title page 
          requirements.
1312.10 Notification of tariff changes and nature of changes.
1312.11 Special notification for ordered matter.
1312.12 Posting requirements.
1312.13 Furnishing copies of tariff publications.
1312.14 Powers of attorney and concurrences.
1312.15 Change of carrier or agent.
1312.16 Substitution of service.

    Authority: 49 U.S.C. 721(a), 13702(a), 13702(b) and 13702(d).

    Source: 62 FR 19058, Apr. 18, 1997, unless otherwise noted.


    (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 Federal law in effect on November 1, 1995.
    (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.

[[Page 221]]

    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 item number 
designation.
    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.
    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.
    Looseleaf tariff means a tariff consisting of looseleaf pages.
    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.
    Original tariff means a bound or looseleaf tariff as originally 
filed excluding amendments.
    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 supplement, or a 
looseleaf tariff page.
    Rate means a rate or charge.
    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.

[62 FR 19058, Apr. 18, 1997, as amended at 64 FR 5195, Feb. 3, 1999]