Title 18—Conservation of Power and Water Resources--Volume 1
PART 341—OIL PIPELINE TARIFFS: OIL PIPELINE COMPANIES SUBJECT TO SECTION 6 OF THE INTERSTATE COMMERCE ACT
§ 341.0   Definitions; application.
(a) Definitions. (1) Carrier means an oil pipeline subject to the Commission's jurisdiction under the Interstate Commerce Act.
(2) Concurrence means the agreement of a carrier to participate in the joint rates or regulations published by another carrier.
(3) Local rate means a rate for service over the lines or routes of only one carrier.
(4) Local tariffs means tariffs which contain only local rates.
(5) Joint rate means a rate that applies for service over the lines or routes of two or more carriers made by an agreement between the carriers, effected by a concurrence or power of attorney.
(6) Joint tariffs means tariffs which contain only joint rates.
(7) Posting or post means making current and proposed and tariffs suspended for more than a nominal period available on a carriers' public Web site.
(8) Proportional rates means rates published to apply only to traffic having a prior transportation movement, a subsequent transportation movement, or both.
(9) Rule means any regulation or condition of service stated in the tariff which affects any rate or service provided by the carrier.
(10) Subscriber means a shipper or a person who regularly is furnished a copy of a particular tariff publication (including reissues and amendments) by the publishing carrier or agent.
(11) Tariff publication means all parts of a filed tariff, including revised pages, supplements and sections.
(12) Through rates means the total rates from point of origin to destination. They may be local rates, joint rates, or a combination of separately established rates.
(13) Section means an individual portion of a tariff that is tracked and accorded appropriate legal status (proposed, suspended, effective). A section is the smallest portion of a tariff that can be submitted as part of a tariff filing.
(b) General application. (1) Each carrier must publish, post, and file with the Commission tariff publications which contain in clear, complete, and specific form all the rules and regulations governing the rates and charges for services performed in accordance with the tariff. Tariffs must be published in a format that ensures the tariffs are readable and that their terms and conditions are easy to understand and apply.
(2) The Commission may reject, or may require modification, correction, or reissuance of, any tariff publication or other document not in compliance with the law.
(3) All tariffs filed on or after December 6, 1993 must conform to the regulations of this part. Tariffs which are on file as of that date will not have to be reissued solely to conform to this part.
(4) Each carrier must post and maintain a complete and current set of all proposed, current, and suspended tariff publications which it has issued or to which it is a party. The carrier must identify in its posted tariff files any tariff publication under suspension and investigation. Each carrier must afford inquirers reasonable opportunity to examine its posted tariff files.
§ 341.1   Electronic filing of tariffs and related materials.
(a) General rule. Filings of tariff publications and related materials must be made electronically.
(b) Requirement for signature. All filings must be signed in compliance with the following:
(1) The signature on a filing constitutes a certification that the contents are true to the best knowledge and belief of the signer, and that the signer possesses full power and authority to sign the filing.
(2) A filing must be signed by one of the following:
(i) The person on behalf of whom the filing is made;
(ii) An officer, agent, or employee of the company, governmental authority, agency, or instrumentality on behalf of which the filing is made; or,
(iii) A representative qualified to practice before the Commission under § 385.2101 of this chapter who possesses authority to sign.
(3) All signatures on the filing or any document included in the filing must comply, where applicable, with the requirements in § 385.2005 of this chapter with respect to sworn declarations or statements and electronic signatures.
(c) Format requirements for electronic filing. The requirements and formats for electronic filing are listed in instructions for electronic filing and for each form. These formats are available through the Commission's website, https://www.ferc.gov.
(d) Only filings filed and designated as filings with statutory action dates in accordance with these electronic filing requirements and formats will be considered to have statutory action dates. Filings not properly filed and designated as having statutory action dates will not become effective, pursuant to the Interstate Commerce Act, should the Commission not act by the requested action date.
§ 341.2   Filing requirements.
(a) Service of filings. (1) Carriers must serve tariff publications and justifications to each shipper and subscriber. Such service shall be made in accordance with the requirements of § 385.2010 of this chapter.
(2) Unless it seeks a waiver of electronic service, each customer or party entitled to service under this paragraph (a) must notify the company of the e-mail address to which service should be directed. A customer or party may seek a waiver of electronic service by filing a waiver request under Part 390 of this chapter providing good cause for its inability to accept electronic service.
(b) Notice period. All tariff publications (except for suspension supplements, adoption notices, adoption supplements, and tariff indexes) must be filed with the Commission and posted not less than 30, nor more than 60, days prior to the proposed effective date, unless a different notice period is authorized by the Commission. The notice period shall begin the first full day after the tariff publication is filed with the Commission and shall end on the last day prior to the tariff publication effective date.
(c) Transmittal letter —(1) Contents. Letters of transmittal must describe the filing and explain any changes to the carrier's rates, rules, terms or conditions of service; state if a waiver is being requested, and specify the statute, section, regulation, policy or order requested to be waived; and identify the tariffs supplemental numbers, or tariff sections and the proposed effective date of the tariff publication. Carriers must provide to the Commission, in the letter of transmittal accompanying the filing of a tariff publication containing a joint carrier, the address, phone number, and a contact for each joint carrier listed in the tariff publication.
(2) Certification. Letters of transmittal must certify that the filing has been sent to each subscriber of the tariff publication pursuant to paragraph (a) of this section. For service made on paper, the letters of transmittal must certify that the filing has been sent to each customer or party by first class mail or other agreed-upon means. If there are no subscribers, letters of transmittal must so certify.
§ 341.3   Form of tariff.
(a) Tariffs may be filed either by dividing the tariff into tariff sections or as an entire document.
(b) Contents of tariff. All tariff publications must contain the following information in the following order:
(1) Title page. The title page of each tariff must contain the following information:
(i) The FERC tariff number designation, in the upper right hand corner, numbered consecutively, and the FERC tariff number designation of the tariff that is canceled, if any, under it;
(ii) The corporate name of the carrier;
(iii) The type of rates, e.g., local, joint, or proportional, and the commodity to which the tariff applies, e.g., crude, petroleum product, or jet fuel;
(iv) Governing tariffs, e.g., separate “rules and regulations” tariffs, if any;
(v) The specific Commission order pursuant to which the tariff is issued;
(vi) The issue date, which must be shown on the lower left side, and the effective date, which must be shown on the lower right side;
(vii) The expiration date, if applicable;
(viii) The name of the issuing officer or duly appointed official issuing the tariff, the complete street and mailing address of the carrier, and the name and phone number of the individual responsible for compiling the tariff publication.
(2) Table of contents. Tariffs of more than nine pages in length must contain a table of contents. A table of contents is optional for tariffs which are less than 10 pages in length.
(3) A list of carriers participating in joint tariffs.
(4) Index of Commodities.
(5) Explanatory statements. These statements must explain the proper application of rates and rules.
(6) Rules governing tariff publications. (i) All rules affecting the rates or the services provided for in the tariff publication must be included. A special rule affecting a particular item or rate must be referred to specifically in that item or in connection with that rate.
(ii) Each rule must be given a separate item number, ( e.g. , Item No. 1), and the title of each rule must be distinctive.
(iii) Except as provided in § 341.10, tariffs may not include any rules that substitute for any rates named in the tariff or found in any other tariff. Rules may not provide that traffic of any nature will be “transported only by special agreement” or any other provision of similar meaning.
(iv) Rules may be separately published in a general rules tariff when it is not desirable or practicable to include the governing rules in the rate tariff. Rate tariffs that do not contain rules must make specific reference, by FERC Tariff number, to the governing general rules tariff.
(v) When joint rate tariffs refer to a separate governing rules tariff, such separate tariff must be concurred in by all joint carriers.
(7) Statement of rates. Rates must be stated explicitly in cents, or in dollars and cents, per barrel or other specified unit. The names or designations of the places from and to which the rates apply must be arranged in a simple and systematic manner. Any related services performed by the carrier in connection with the rates must be clearly identified and explained. Duplicative or conflicting rates for the same service are prohibited.
(8) Routing. Routing over which the rates apply must be stated so that the actual routes may be ascertained. This may be accomplished by stating that the rates apply via all routes of the carrier except as otherwise specifically stated in the tariff.
(9) Explanation of abbreviations and reference marks. Reference marks, abbreviations, and note references must be explained at the end of each tariff publication. U.S. Postal Service state abbreviations and other commonly used abbreviations need not be explained.
(10) Changes to be indicated in tariff or supplement.
(i) All tariff publications must identify where changes have been made in existing rates or charges, rules, regulations or practices, or classifications. One of the following letter designations or uniform symbols may be used to indicate the change, and insertions, other than to tables and rates, must be indicated by either highlight, background shading, bold, or underline, with deleted text indicated by strike-through:
(ii) Reissued items must include in the square or brackets the number of the tariff supplement where the item was first issued or amended. If the letter designation is used, the number of the supplement must be shown together with the letter. The references must be explained at the end of the tariff. For example: “[R2] Reissued from Supplement No. 2, effective [ specify date ].”
(iii) The symbols and letter designations contained in paragraph (b)(10)(i) of this section must not be used for any other purpose.
(iv) When the same change is made in all or in substantially all rates in a tariff, a tariff supplement, or a tariff or tariff supplement page, that fact and the nature of the change must be indicated in distinctive type at the top of the title page of the issue, or at the top of each page, as appropriate. For example: “All rates in this issue are increased,” or “All rates on this page are reduced unless otherwise indicated.”
(v) When a tariff publication that cancels a previous tariff publication does not include points of origin or destination, or rates, rules, or routes that were contained in the prior tariff publication, the new tariff publication must indicate the cancellation. If such omissions effect changes in charges or services, that fact must be indicated by the use of the symbols prescribed in paragraph (b)(10)(i) of this section.
(vi) Only revisions to tariff provisions identified in the filing constitute the tariff filing. Revisions to unidentified portions of the rate schedule or tariff are not considered part of the filing nor will any acceptance of the filing by the Commission constitute acceptance of such unmarked changes.
(11) Tariff publications must be consecutively numbered.
§ 341.4   Amendments of tariff filings.
A carrier may file to amend or modify a tariff contained in a tariff filing at any time during the pendency of the filing. Such filing will toll the notice period as provided in § 341.2(b) for the original filing, and the filing becomes provisionally effective 31 days from the original filing and, in the absence of Commission action, fully effective 31 days from the date of the filing of amendment or modification.
§ 341.5   Cancellation of tariffs.
Carriers must cancel tariffs when the service or transportation movement is terminated. If the service in connection with the tariff is no longer in interstate commerce, the tariff publication must so state. Carrier must file such cancellations within 30 days of the termination of service.
§ 341.6   Adoption of tariff by a successor.
Whenever the tariff(s), or a portion thereof, of a carrier on file with the Commission are to be adopted by another carrier as a result of an acquisition, merger, or name change, the succeeding company must file with the Commission, and post within 30 days after such succession, the tariff, or portion thereof, that has been adopted in the electronic format required by § 341.1 bearing the name of the successor company.
§ 341.7   Concurrences.
Concurrences must be shown in the carrier's tariff and maintained consistent with the requirements of Part 341 of this chapter.
§ 341.8   Terminal and other services.
Carriers must publish in their tariffs rules governing such matters as prorationing of capacity, demurrage, odorization, carrier liability, quality bank, reconsignment, in-transit transfers, storage, loading and unloading, gathering, terminalling, batching, blending, commingling, and connection policy, and all other charges, services, allowances, absorptions and rules which in any way increase or decrease the amount to be paid on any shipment or which increase or decrease the value of service to the shipper.
§ 341.9   Index of tariffs.
(a) In general. Each carrier with more than two tariffs or concurrences must post on its public Web site a complete index of all effective tariffs to which it is a party, either as an initial, intermediate, or delivering carrier. The index must be arranged in sections as indicated in paragraphs (b), (c), and (d) of this section and must show as to each tariff:
(1) The FERC Tariff number;
(2) The full name of the issuing carrier or agent;
(3) The type of tariff or description of the traffic to which it applies, including origin and destination points; and
(4) Whether the tariff contains rates for transportation by mode other than pipeline.
(5) Product Shipped and Origin. Each index must identify, for each tariff, the product or products being shipped and the origin and destination points specific to each product or products.
(b) Updates. The index of tariffs must be updated within 90 days of any change to an effective tariff.
§ 341.10   Application of rates to intermediate points.
(a) Applicability. (1) A carrier may provide in its tariff that existing rates between points named in the tariff will be applied to transportation movements from intermediate origin points not named in the tariff to named destination points, and from named origin points to intermediate destination points not named in the tariff.
(2) A carrier must file a tariff publication applicable to the transportation movements within 30 days of the start of the service if the intermediate point is to be used on a continuous basis for more than 30 days.
(b) Intermediate point commodity rate regulations —(1) Intermediate origin points. The rate for service provided to a published destination point from an origin point not specifically named in the tariff, but located intermediate to published origin and destination points, must be the same as the published rate from the next more distant origin point. Application of this provision is subject to the following:
(i) If branch or diverging lines create two or more “next more distant” points, the carrier must apply the rate which results in the lowest charge.
(ii) If the intermediate point is located between two published origin points, the carrier must apply the rate which results in the higher charge.
(iii) If the intermediate point is between more than two published origin points due to branch or diverging lines, the carrier must eliminate all such points except that from which the lowest charge is applicable.
(iv) If there is in any other tariff a commodity rate from the proposed intermediate origin point that is applicable to the same movement, the carrier should not apply this rule from such intermediate point.
(2) Intermediate destination points. The rate for service provided from a published origin point to a destination point not specifically named in the tariff, but located intermediate to published origin and destination points, must be the same as the published rate to the next more distant destination point. Application of this provision is subject to the following:
(i) If branch or diverging lines create two or more “next more distant” points, the carrier must apply the rate which results in the lowest charge.
(ii) If the intermediate point is located between two published destination points, the carrier must apply the rate which results in the higher charge.
(iii) If the intermediate point is between more than two published destination points due to branch or diverging lines, the carrier must eliminate all such points except that from which the lowest charge is applicable.
(iv) If there is in any other tariff a commodity rate to the proposed intermediate destination point that is applicable to the same movement, the carrier should not apply the provisions of this rule to such intermediate point.
(3) Intermediate origin and destination points. Both paragraphs (b)(1) and (b)(2) of this section may apply in connection with the same rate. In this instance, both regulations should be used to establish rates from intermediate points of origin to intermediate points of destination.
§ 341.11   Rejection of tariff publications and other filed materials.
(a) Basis for rejection. The Commission may reject tariff publications or any other material submitted for filing that fail to comply with the requirements set forth in this part or violate any statute, or any regulation, policy or order of the Commission.
(b) Numbering and notating tariff publications. The FERC Tariff number assigned to a tariff publication that has been rejected may not be used again.
§ 341.12   Informal submissions.
Carriers may informally submit tariff publications or related material for suggestions of Staff prior to the filing of the tariff publications with the Commission.
§ 341.13   Withdrawal of proposed tariff publications.
(a) Proposed tariff publications. A proposed tariff publication which is not yet effective may be withdrawn at any time by filing a notice with the Commission with a certification that all subscribers have been notified by copy of such withdrawal.
(b) Tariff publications that are subject to investigation. A tariff publication that has been permitted to become effective subject to investigation may be withdrawn at any time by filing a notice with the Commission, which includes a transmittal letter, a certification that all subscribers have been notified of the withdrawal, and the previous tariff provisions that are to be reinstated upon withdrawal of the tariff publication under investigation. Such withdrawal shall be effective immediately upon the submission of the notice, unless a specific effective date is set forth in the notice, and must have the following effects:
(1) Any proceeding with respect to such tariff publication shall be terminated;
(2) The previous tariff rate shall be reinstated; and
(3) Any amounts collected under the withdrawn tariff publication which are in excess of the previous tariff rate shall be refunded within 30 days of the withdrawal with interest as calculated by § 340.1 of this chapter.
(c) Numbering and notating tariff publications. The FERC Tariff number assigned to a tariff publication which has been withdrawn may not be used again.
§ 341.14   Special permission.
(a) Procedure. Applications for waiver of the notice and tariff requirements of section 6(3) of the interstate Commerce Act must be filed by the carrier concurrently with the tariff publication being proposed. The letter of transmittal must identify the filing as requesting a waiver under section 6(3) of the Interstate Commerce Act. The application must state in detail any unusual circumstance or emergency situation that supports the requested waiver. If the application requests permission to make changes in joint tariffs, it must state that it is made on behalf of all carriers party to the proposed change. Tariff publications issued on short notice must contain the following statement on the Title Pages:
Issued on [ insert number ] days notice under authority of 18 CFR 341.14. This tariff publication is conditionally accepted subject to refund pending a 30 day review period.
(b) Conditional acceptance subject to refund. To permit short-notice filings to become effective as requested, the tariff publications filed concurrently with special permission requests for short (less than 30 days) notice will be deemed conditionally accepted for filing, subject to refund, until the Commission has had a full 30-day review period in which to process the filing. Refunds will be collected with interest as calculated according to § 340.1 of this chapter. The refund obligation will automatically terminate with no refunds due at the end of the full 30-day notice period absent an order to the contrary issued by the Commission.
(c) Granting automatic permission. The special permission requested will be deemed automatically granted at the end of the full 30-day notice period absent an order denying such request.
§ 341.15   Long and short haul or aggregate of intermediate rates.
(a) Requests for relief from section 4. Carriers may file requests for relief from the provisions of section 4 of the Interstate Commerce Act in order to charge a greater amount for a shorter distance over the same line or route in the same direction, or to charge greater compensation as a through rate than the aggregate of the intermediate rates. Such request will be deemed granted unless the Commission denies the request within 30 days of the filing.
(b) Information required to be filed. A request for section 4 relief must contain the following information:
(1) The names of the carriers for which the relief is being requested.
(2) The FERC tariff numbers which contain the rates or charges referred to in the application, and identification of all the particular and related rates in question delineating origin and destination points.
(3) An accurate and complete statement giving the basis and reasoning why section 4 relief is necessary.
(4) A statement that the lower rates for longer than for shorter hauls over the same line or route are reasonably compensatory.
(5) A map showing the pipelines and origin and destination points in question and other pertinent information.
(c) Filing tariff publications concurrent with application. Applications for section 4 relief must be filed concurrently with the tariff publication filing establishing those rates. The transmittal letter must identify the filing as requesting section 4 relief.
(d) Tariff statement. Tariff publications filed containing such rates shall plainly state on the title page of the tariff publication that the rates contained therein contravene section 4 of the Interstate Commerce Act.
(e) Rounding through rates. When a carrier aggregates intermediate rates to make up through rates, it may round the resulting through rate to the nearest 0.5 whole cent.