[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: 49CFR1312.2]

[Page 221-222]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER X--SURFACE TRANSPORTATION BOARD, DEPARTMENT OF TRANSPORTATION 
                               (Continued)
 
PART 1312_REGULATIONS FOR THE PUBLICATION, POSTING AND FILING OF TARIFFS 
 
Sec. 1312.2  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 Sec. 1312.1(b), carriers subject to the Board's 
jurisdiction under 49 U.S.C. Chapter 135 may provide transportation or 
service described in Sec. 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

[[Page 222]]

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.