N.Y. Comp. Codes R. & Regs. tit. 17 § 826.6

Current through Register Vol. 46, No. 50, December 11, 2024

Section 826.6 - Changes in tariffs

(a) Notice, superseding tariff, supplement restrictions.

(1) Rates, charges, rules and regulations, and classifications which have been filed with the commissioner must be allowed to become effective and remain in effect for a period of at least 30 days before being changed, canceled or withdrawn, and any change therein must be received for filing at least 30 days before its proposed effective date, unless otherwise authorized by the commissioner.

(2) Changes in tariffs may be made by filing a complete new superseding tariff, or by filing a supplement or a revised page to the tariff to be changed, subject to the restrictions imposed in this section.

(3) Except as otherwise provided in these rules, a supplement may not be issued to single-sheet tariffs or loose-leaf tariffs. Not more than one supplement may be in effect at any one time to a tariff containing 3 and not more 16 pages; not more than two supplements may be in effect at any one time to a tariff containing 17 and not more than 80 pages; not more than three supplements may be in effect at any one time to a tariff containing 81 and not more than 200 pages; and not more than four supplements may be in effect at any one time to a tariff containing more than 200 pages.

(4) Each publication proposing any change in rates, fares, charges, rules and regulations, shall be accompanied by a statement in writing which shall include:

(i) a description of the proposed changes;

(ii) the reasons for the proposed changes;

(iii) the data (financial, cost, statistical and otherwise) in support of the reasonableness and lawfulness of the proposed changes;

(iv) the anticipated effect of the proposed changes on the user of the service;

(v) the anticipated effect of the proposed changes on the carrier's annual revenues subject to this commissioner's jurisdiction;

(vi) a certification of notice that all subscribers and tariff recipients have been provided with a copy of the publication containing the matter to be changed, including a listing of the names and addresses of such subscribers and recipients; and

(vii) any other pertinent material in support of the proposed changes.

(5) Two copies of the written statement required in paragraph (4) of this subdivision shall be received no later than 30 days prior to the effective date of the proposed changes. Failure to do so may result in a rejection of the filing or a request for a postponement of the effective date for a period of 30 days from the receipt of such written statement.

(b) Symbols, reissued matter.

(1) All tariffs, supplements and revised pages shall indicate changes from preceding issues by use of the following symbols, which shall not be used for any purpose other than those stated:

R or R to denote reductions

A or A to denote increases

<<triangle>> or C to denote changes, the result of which is neither an increase nor a reduction.

(2) The proper symbol must be used directly in connection with each change.

(3) Matter brought forward without change from one supplement to another supplement must be designated as "Reissued", and must show the effective date and the number of the supplement from which it is reissued.

Example: Assuming Supplement No. 3 cancels Supplements Nos. 1 and 2:

Reissued from Supplement No. 1, effective ________19 ________

[Here show unchanged matter brought forward from Supplement No. 1]

Reissued from Supplement No. 2, effective ________19 ________

[Here show unchanged matter brought forward from Supplement No. 2]

(4) If it is more convenient, an appropriate reference mark may be shown against the reissued rate or item. Such reference mark may be explained elsewhere in the supplement.

(c) Cancellation of tariff. A tariff may be canceled by a superseding tariff, or by a supplement to the tariff to be canceled, provided that such supplement shows where the rates canceled will thereafter be found or what rates will thereafter apply, or, if there are to be no rates in effect, the reason for such cancellation.

(d) Rejections. When a tariff, supplement or revised page is rejected, the number which it bears may not be used again as the designation of any new filing. Any publication that is issued in lieu of the rejected publication must bear a notation that it is so issued.

Example:

DOT-NY-M.T. No. 8

Cancels

DOT-NY-M.T. No. 3

(in lieu of DOT-NY-M.T. No. 7, rejected by Commissioner)

(e)

(1) An agent authorized to file freight classification issues may publish and file supplements to or reissues of such classification in the form approved by the Interstate Commerce Commission and effective as to New York intrastate traffic on the same date and upon the same notice to the public and this commissioner as authorized or required by the Interstate Commerce Commission for interstate traffic, provided that, whenever such agent shall apply to the Interstate Commerce Commission for an order granting permission to file on less that 30 days' notice a supplement to or reissue of such classification, he shall at the time such application is made furnish this commissioner with a complete copy thereof; and in case this commissioner takes exception thereto and so advises the agent, he shall not, as to New York intrastate traffic, establish the proposed change on less than full statutory notice.

(2) Changes effected by publications issued under this section must not be regarded as having been anywise approved by this commissioner, and the provisions of this section shall not affect any subsequent proceeding relative to any such change.

(3) All publications issued under this subdivision shall bear a notation thereon showing short-notice authority as section 826.6(e), Department of Transportation, State of New York, Circular No. 106.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 826.6