Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 3 - Motor Carrier Freight Tariffs and Classifications › Section 3-11 - Partial cancellation of tariff; transfer of rates; item adjustment

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 11.
TRANSFER OF RATES; ITEM ADJUSTMENT.
(a) Transfer of rates from one tariff to
				another. If a tariff or supplement to a tariff or a revised page is issued
				which cancels another tariff in part only, such tariff, supplement, or revised
				page shall specifically state the portion of such other tariff which is thereby
				cancelled, and the tariff to be cancelled in part shall at the same time be
				correspondingly amended, effective on the same date, in the regular way; that
				is, by reissue if tariff contains four pages or less, by reissue or supplement
				if tariff contains more than four pages, and by revised pages if tariff is a
				loose-leaf tariff. Such reissue, supplement, or revised page of the tariff
				cancelled in part shall state where rates will thereafter be found and shall be
				filed at the same time and in connection with the tariff or supplement which
				contains the new rates. Cancellation notice on the title page of the new issue
				shall read substantially as follows: "Cancels P.S.C.I. No. TR- _____ , to the
				extent shown in Supplement
No. _____ thereto."
(b) Cancellation when tariff reissued.
(1) If a tariff is cancelled in full by
				another tariff, cancellation notice may be printed in the cancelling tariff as
				provided in Rule 2(a)(1), or the cancellation may be accomplished by issuing a
				supplement to the tariff to be cancelled. When a rate is cancelled by a
				supplement under this rule, such supplement shall refer to the P.S.C.I. number
				of the tariff in which the rates or other provisions will thereafter be found.
				The new issue and the cancellation supplement shall be made effective on the
				same date, and the new issue shall contain a cancellation notice reading
				substantially as follows: "Cancels P.S.C.I. No. TR- _____ , to the extent shown
				in Supplement No. _____ thereto."
(2) When a tariff is cancelled in full by
				another tariff which does not contain all of the rates superseding those
				formerly in the cancelled tariff, the cancelling tariff shall show where rates
				not appearing therein will thereafter be found, or what rates thereafter will
				apply. For example: "Rates formerly published in P.S.C.I. No. TR- _____ and not
				appearing herein are published in P.S.C.I. No. Tr- _____ or _____ ," or it may
				be stated that such rates are cancelled and that "Class rates will apply," or
"Combination rates will apply." (See Rule 7(c)).
(3) When the rates which are not
				brought forward in the cancelling issue are transferred to another tariff or
				tariffs, such publication or publications shall show directly in connection
				with the rates appearing therein for the first time where such rates were
				formerly published, shall state that such formerly published rates were
				cancelled by P.S.C.I. No. TR- _____ , effective _____
(here show reference to the tariff which cancelled the
				  rates).
(4) When a tariff
				is cancelled in full and numerous rates are transferred to two or more other
				issues, cancellation of the superseded issue may be made by supplement thereto,
				in which event each of the superseding issues shall show the notation in
				paragraph (a) of this rule and the cancelling supplement shall specifically
				indicate the rates or provisions thereafter to be published in each of the
				superseding issues, and shall state that the issue supplemented thereby is
				cancelled in full.
(5) When a
				joint agency tariff is to be cancelled in full and the rates therein are to be
				transferred to an agency tariff not issued by the same joint agents, the
				cancellation shall be accomplished by supplement. The cancelling supplement
				shall give reference by P.S.C.I. number and the name of agent or agents to the
				tariff in which future rates will be found and the new tariff shall show that
				rates from and to the points named therein were formerly published in P.S.C.I.
				No. TR- _____ (here show the P.S.C.I. numbers and names of agents appearing on
				the joint agency tariff that is cancelled by the supplement required in this
				paragraph).