45 Ind. Admin. Code 16-3-4

Current through November 6, 2024
Section 45 IAC 16-3-4 - Title page

Authority: IC 8-2.1-18-6

Affected: IC 8-2.1-18

Sec. 4.

TITLE PAGE.

(a) Title page shall show. The top cover of every tariff or supplement shall consist of durable but flexible paper of sufficient weight and strength to withstand hard usage and shall be prepared as a title page containing the following information in the order named:
(1) P.S.C.I. numbers and cancellations. Each tariff shall have a title page which will show prominently on the upper right-hand corner a P.S.C.I. number and prefix TR. Numbers shall run consecutively beginning with the next consecutive number in the existing series or, if no tariffs shall have been issued previously, beginning with P.S.C.I. No. TR-1. Immediately under this number there shall be shown the P.S.C.I. number or numbers of the tariff or tariffs cancelled thereby. When cancellations are so numerous that it is inconvenient to show a list of the cancelled publications on the title page, it may be shown immediately preceding the table of contents, in which event a reference thereto shall be shown under the P.S.C.I. number on the title page.
(2) Name of carrier or name of agent. On the upper central portion of the title page shall be shown the name of the issuing carrier or agent. When an individual carrier or a partnership operates under a trade name, the individual name or names shall precede the trade name. The names of carriers shall each be followed by the carrier's certificate number. On agency publications, when the agent is a corporation, the name of the corporation shall be shown, but, when the agent is an individual the name of the association (if any) for whom the agent acts may also be shown. If this is done, the name of the agent shall be preceded by the name of the association in substantially the following form:

A.B.C. TARIFF BUREAU John Doe, Agent Only one such agent may be thus shown.

(3) Kind of tariff. There shall be shown a statement indicating whether the rates are:
(i) local,
(ii) joint,
(iii) proportional,
(iv) distance rates, or
(v) a combination of any such rates, and
(vi) whether class or commodity or both. When a tariff contains both distance rates and other rates a concise statement of the extent of the application of each kind of rates shall be given. If the tariff is a classification or if it contains rules or other governing provisions, this fact shall be shown.
(4) Territory. A brief but reasonably complete statement of the territory within which or the points from and to or between which the rates or other provisions apply shall be given.
(5) Governing tariffs. Reference to the item and page number of the tariff containing a statement of the publications governing the tariff in substantially the following form (this reference need not be shown on the title page of supplements):

For reference to governing classification, and other governing publications see Item No. _____ Page _____ , or as amended.

(6) Effective and issued dates.
(i) The date on which the rates or other provisions will become effective shall be shown on the lower right-hand side. (For exceptions, see Rule 10 and the following paragraph of this rule.) The date on which the publication is issued should be on the lower left-hand side.
(ii) Every publication which contains rates, rules, or other provisions effective upon a date different from the general effective date of such publication shall show on its title page a notation in substantially the following form:

Effective _____ 19 _____ (except as otherwise provided herein) or (except as provided in Item _____) or (except as provided on Page _____).

(7) When issued by permission or order of Commission on less than statutory notice. On every tariff or supplement in which all rates, rules or regulations are made effective on less than 30 days' notice under authority of the Commission, a notation in substantially the following form shall be shown:

Issued on _____ days' notice under authority of _____ of the Public Service Commission, _____ No. _____ date _____ .

(8) Name of individual or agent issuing.
(i) The name, title, and address of the person issuing the tariff shall be shown near the bottom of the title page except that when the tariff is issued by a corporation as publishing agent, the name and title of the official of such corporation who has been appointed by the corporation to handle all tariff matters with the Commission shall be shown at the bottom of the title page.
(ii) There may be shown if desired, the name and address of a joint agent, (if any) in substantially the following form:

Richard Roe, Agent Issued by:

XYZ FREIGHT TARIFF BUREAU John Doe, Agent 40 Central Avenue 101 Fifth Street

Indianapolis, Indiana Washington, D.C.

(iii) Tariffs filed in the P.S.C.I. No. TR-series of individual carriers shall show in the lower left-hand corner the principal address of the carrier, where such address is different from that of the individual filing the tariff for such carrier.
(9) Expiration notice.
(i) A provision in a tariff or supplement that the same, or any part thereof, will expire with a given date, is not a guaranty that the tariff, or supplement, or such part thereof, will remain in effect until and including that date. Such provision, if used, will be held to mean that the tariff or supplement, or specified part thereof, will expire with the date named, unless the date is changed on statutory notice, or under special permission of the Commission. In such tariffs and supplements the following notation shall be used to indicate the date upon which the publication will expire:

Expires with _____ , unless sooner canceled, changed, or extended.

(ii) If the entire publication is to expire with the specified date, the notation shall be placed near the bottom of the title page.

If only a portion of the published rates or other provisions will expire with the specified date, the notation shall be shown in connection with the particular item, rate, or other provision which will expire in such a way as to clearly indicate the matter affected thereby.

45 IAC 16-3-4

Department of State Revenue; No. 33034: Common Carrier Freight Tariffs and Classifications PT A,Rule 2; filed Feb 15, 1973, 3:00 pm: Rules and Regs. 1974, p. 459

Transferred from the Indiana Utility Regulatory Commission ( 170 IAC 2-3-4) to

the Department of State Revenue ( 45 IAC 16-3-4) by P.L. 72-1988, SECTION 12, effective July 1, 1988.