Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 3 - Motor Carrier Freight Tariffs and Classifications › Section 3-23 - Concurrences; forms; revocation

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 23.
CONCURRENCES.
(a)
				Forms of concurrences. The following forms shall be issued in giving to
				carriers subject to these rules concurrences in tariffs which are issued and
				filed by such carriers or their agents in which the carriers giving
				concurrences are participants. The provisions of Rule 20(g) and (h) will apply
				also to concurrences. If two or more carriers execute powers of attorney
				authorizing an agent to publish joint rates for them, it will not be necessary
				for those carriers to exchange concurrences with each other as to the joint
				tariffs issued by that agent under that authority.
(b) Specific. Form P.S.C.I. C1 shall be used
				in giving concurrrence in a particular tariff that is issued and filed by
				another carrier. The original of form P.S.C.I. C1 shall be forwarded to the
				carrier issuing the tariff and shall by such carrier be transmitted to the
				Commission with the tariff. This form when not restricted will serve as
				continuing evidence of participation in the tariff described in the concurrence
				and in all supplements to and successive issues thereof. If reference to
				successive issues be stricken out a new concurrence will be required for each
				successive issue of the tariff. Except as provided above, this form shall not
				be qualified in any way but must evidence concurrence in all rates, rules or
				other provisions contained in the tariff publication named therein.
CONCURRENCE
P.S.C.I. C1 No. _____
Cancels P.S.C.I. C1 No. _____
_________________________
(Name of Carrier)
_________________________
(Post office address)
_________ , 19 _____
To the Public Service Commission of Indiana, Indianapolis,
				  Indiana 46204.
This is to certify that (show name of carrier giving
				  concurrence; see Note 1, to Rule 20(e)) assents to and concurs in the
				  publication and filing of the freight tariff described below, filed by (show
				  name of carrier to whom concurrrence is given), together with supplements
				  thereto and successive issues thereof, and that such concurring carrier hereby
				  makes itself a party thereto and bound thereby, insofar as such tariff applies
				  between points on the lines or routes of (show name of carrier to whom
				  concurrence is given), on the one hand, and points on the lines or routes of
				  (show name of carrier giving concurrence) on the other; or rates in connection
				  with which (show name of carrier giving concurrence) acts as an intermediate
				  carrier between points on the lines or routes of (show name of carrier to whom
				  concurrence is given) on the one hand, and points on the lines or routes of
				  other carriers parties to such tariff, on the other, until this authority is
				  revoked by formal and official notice of revocation filed with the Public
				  Service Commission of Indiana and sent to the carrier to which this concurrence
				  is given. Here give an exact description of the title page of the tariff,
				  including the name of the issuing carrier, the P.S.C.I. number, and dates on
				  which issued and effective. Issued by (name and title of office shown as
				  issuing tariff.)
______________________________
(Name of Carrier)
By ______________________________
Attest (if a corporation):
______________________________ , Secretary.
(Corporate Seal)
(c) General. If general concurrence be given
				by a carrier in tariffs issued by another carrier or its agent, naming rates
				from or to points on its line or over its lines, form P.S.C.I. C2 shall be
				used. Form P.S.C.I. C2 may be executed as shown, when it will authorize
				publication of rates for the concurring carrier from and to points served by
				such carrier as well as from and to points served by other carriers where the
				concurring carrier acts as intermediate line. If it is desired to limit the
				authority granted to exclude publication of rates in connection with which the
				concurring carrier would act as either origin, intermediate, or destination
				line, the form may be modified to that extent by substituting the words
				"from-to" for words "between-and" or by use of other appropriate language to
				effect the modification authorized. When authority is given an agent to publish
				rates for a carrier participating under authority of a concurrence to another
				carrier, for whom such agent acts, care must be exercised that the rates
				published for the concurring carrier do not exceed the scope of the authority
				given.
CONCURRENCE
P.S.C.I. C2 No. _____
Cancels P.S.C.I. C2 No. _____
____________________________
(Name of the Carrier)
____________________________
(Post office address)
___________ , 19 _____
To the Public Service Commission of Indiana, Indianapolis,
				  Indiana 46204.
This is to certify that (show name of carrier giving
				  concurrence; see Note 1 to Rule 20(e)) assents to and concurs in the
				  publication and filing of any freight tariff or supplement thereto, which (show
				  name of carrier to whom concurrence is given) or such carrier's agent may
				  publish and file, and in which the said (show name of concurring carrier) is
				  shown as a participating carrier, and that such concurring carrier hereby makes
				  itself a party thereto and bound thereby insofar as such tariff applies between
				  points on the lines or routes of (show name of carrier to whom concurrence is
				  given), on the one hand, and points on the lines or routes of (show name of
				  carrier giving concurrence), on the other; or rates in connection with which
				  (show name of carrier giving concurrence) acts as an intermediate carrier
				  between points on the lines or routes of (show name of carrier to whom
				  concurrence is given), on the one hand, and points on the lines or routes of
				  other carriers parties, to such tariff, on the other, until this authority is
				  revoked by formal and official notice of revocation filed with the Public
				  Service Commission of Indiana and sent to the carrier to which this concurrence
				  is given.
__________________________
(Name of Carrier)
By __________________________
Attest (if a corporation):
_________________________________________
(Corporate Seal)
______________________________ , Secretary
Duplicate mailed to ______________________ at
(Show complete address)
(d) Revocation of concurrence. A concurrence
				may be revoked upon not less than 60 days' notice to the Commission by filing a
				notice of revocation with the Commission, serving at the same time a copy
				thereof on the carrier to which such concurrence was given. Such notice shall
				not bear a separate serial number, but shall specify the form and number of
				concurrence to be revoked, shall name the carrier in whose favor issued, and
				shall specify a date upon which revocation is to become effective, which must
				not be less than 60 days subsequent to the date of its receipt by the
				Commission. The revocation notice shall be as follows:
REVOCATION NOTICE
______________________
(Name of Carrier)
______________________
(Post office address)
____________ , 19 _____
To the Public Service Commission of Indiana, Indianapolis,
				  Indiana, 46204.
Effective _____ , 19 _____ , concurrence form P.S.C.I. No.
				  _____ , issued by in favor
(Name of Carrier) of is hereby cancelled and revoked.
(Name of Carrier to whom issued)
____________________________
(Name of Carrier)
By ____________________________
Attest (if a corporation):
_________________________________
(Corporate Seal)
_____________________ , Secretary.
Duplicate mailed to:
______________________________
(Name of title of officer)
______________________________
(Name of Carrier)
______________________________
(Address)
(e) Revision of tariffs when authority
				revoked. When a power of attorney or concurrence is revoked, corresponding
				revision of the tariff or tariffs should be made effective upon statutory
				notice not later than the effective date stated in the notice of revocation. In
				the event of failure to so revise the applicable tariff or tariffs, the rates
				in such tariff or tariffs remain applicable until lawfully cancelled.
(f) Conflicting authority to be
				avoided. In giving concurrences care must be taken to avoid duplication
				authority to two or more carriers which, if used, would result in conflicting
				rates or rules.
Transferred from the Indiana Utility Regulatory Commission
					 ( 170 IAC 2-3-23 ) to the Department of State Revenue ( 45 IAC 16-3-23 ) by
					 P.L. 72-1988, SECTION 12, effective July 1,
					 1988.