N.Y. Comp. Codes R. & Regs. tit. 17 § 826.8

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

Section 826.8 - Applications for special permission

(a) Emergency or merit to be shown. The Transportation Law authorizes the commissioner, in his discretion and for good cause shown, to permit changes in tariff publications on less than statutory notice, and also to permit departure from the commissioner's rules. The commissioner will exercise this authority only in cases where actual emergency or real merit are shown. Desire to meet the rates of a competing carrier that has given statutory notice of change in rates will not of itself be regarded as good cause for permitting changes in rates or other provisions on less than statutory notice. Clerical or typographical errors in tariffs may constitute good cause for the exercise of this authority, but every application based thereon must plainly specify the errors or omissions together with a full statement of the attending circumstances and must be presented with reasonable promptness after issuance of the defective tariff, supplement, or revised page.

(b) Request to depart from formal order. When a formal order of the commissioner requires a publication to be made effective on a stated number of days' notice, a request or special permission application addressed to the commissioner for authority to establish on less notice will not be granted. In any such instance a petition for modification of the formal order must be filed.

(c) Carrier or agent must file. Applications for permission to establish or change rates or other provisions on less than statutory notice, or for waiver of the provisions of this Part, must be made by the carrier or agent that holds authority to file the proposed publication. If the application requests permission to make changes in joint tariffs, it must state that it is filed for and on behalf of all carriers parties to the proposed change.

(d) Form of application.

(1) Applications (including amendments thereto and exhibits made a part thereof) shall be addressed to the Commissioner of Transportation, State of New York, Albany, N. Y., 12226, shall be made on paper no larger than 8 1/2 inches by 11 inches, shall be in substantially the following form, and shall give all the information required by this section together with any other pertinent facts. They shall be numbered consecutively and must bear the signature of the carrier or its duly authorized agent or officer, specifying title. The following form may be modified to request waiver of the commissioner's rules.

(Name of Applicant in full)

Application No. ________

_________

(Place and date) 19________

To COMMISSIONER OF TRANSPORTATION

STATE OF NEW YORK

Albany, N. Y.

(Name of carrier) by,

(Name of officer, specifying title)

does hereby petition to the Commissioner of Transportation, State of New York, that he (it) be permitted, under section 172 of Transportation Law, to put in force the following provisions to become effective ________days after the filing thereof with the Commissioner:

(Here show matter as directed by § 826.8 [ e][1].)

Your petitioner further represents that the said (state whether rates, charges, classification ratings, or other provisions) above mentioned will be published in (here show matter as directed by § 826.8 [ e][2].)

(Here state matter as directed by § 826.8 [ e][3].)

(Here state matter as directed by § 826.8 [ e][4].)

(Here state fully matter as directed by § 826.8[e][5].)

(Here set forth the justification as directed by § 826.8[e][6].)

_________

(Name of carrier)

By

_________

(Name and title)

Subscribed and sworn to before me this________day of ________19 ________

_________

(Notary Public)

(2) When an application is made by an agent, appropriate change should be made in the introductory and closing paragraphs of the form.

(e) Content of application. Applications shall show the following information:

(1) Proposals to be clearly stated. The proposed provisions shall be set forth clearly and completely. An accompanying exhibit may be used if identified by letter, such as Exhibit A, and so referred to in the application. If the proposed provisions consist of rates or charges, all points of origin and destination must be shown or definitely indicated; if permission is sought to establish a rule, the exact wording of the proposed rule must be given.

(2) Designation of proposed publication. The application shall show the DOT-NY-M.T. numbers of the publications in which the proposed rates, charges, ratings, rules, or other provisions will be published. If publication is to be made in supplements, this fact shall be shown.

(3) Tariff provisions to be changed. The application shall set forth the rates, charges, or tariff provisions which it is desired to change, or refer to an accompanying exhibit (if any) as provided in paragraph (1), supra. Reference shall be made by DOT-NY-M.T. number and supplement number to the tariffs or supplements containing the rates, charges, or provisions which are to be superseded. If such provisions are published in numbered items or other units, reference shall be made thereto by number, or, if not so published, the pages of the publication on which the provisions appear shall be shown. The extent to which cancellations will be made must be definitely indicated.

(4) Competing carriers. The application shall state the names of carriers known to maintain rates, charges, or ratings on the same articles between the same points or points related thereto or corresponding rules or regulations together with the DOT-NY-M.T. numbers of the publications containing such provisions.

(5) Notification to competing carriers. The application shall state whether such carriers have been advised of the proposed rates, charges, ratings, or rules and whether they have been advised that it is proposed to establish such provisions on less than statutory notice. If competitive carriers have expressed their views in regard to the proposed provisions, a brief statement of their views shall be given.

(6) Justification of application. The application shall state the special circumstances or unusual conditions which are relied upon as justifying the requested permission, together with any related facts or circumstances which may aid the commissioner in determining whether the requested permission is justified. If permission to establish provisions on less than statutory notice is sought, the petitioner shall state why the proposed provisions could not have been established upon 30 days' notice.

(f) Permission to be used in entirety. If the authority granted by special permission is used, it must be used in its entirety and in the manner set forth in the special permission order. If it is not desired to use all the authority granted and less or more extensive or different authority is desired, a new application complying with the provisions of this section in all respects and referring to the previous permission must be filed.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 826.8