Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.28 - Tariffs - Cancellation, Amendment or Supplement › Rule 38.3.2801 - CANCELLATION, IN WHOLE OR IN PART, OF TARIFF HOW DONE

Current through Register Vol. 13, July 5, 2024
(1) If a tariff is cancelled with the purpose
				of cancelling entirely the rates named therein, or when, through error or
				omission, a later issue failed to cancel the previous issue and such tariff is
				cancelled for the purpose of perfecting the records, the cancellation notice
				must not be given a new PSC number, but must be issued as a supplement to the
				tariff (including loose-leaf tariffs) which it cancels. In the issuance of such
				supplement the provisions of ARM
				38.3.2807 need not be
				observed.
(2) When a tariff is
				cancelled in whole or in part by a supplement there to, the supplement must
				show where the rates will thereafter be found or what rates will thereafter
				apply. When a tariff is cancelled by another tariff which does not contain all
				of the rates shown in the tariff to be cancelled the cancelling tariff must
				show where rates not shown therein will thereafter be found, or what rates will
				thereafter apply. For example: "Rates in ___ PSC No. ___ will apply," or "Class
				rates will apply," or "Combination rates will apply." (See ARM
				38.3.2605.)
(3) When portions of a tariff (excepting a
				tariff in loose-leaf form or a classification), or of a supplement to a tariff,
				are designated as items they must be given numbers and the cancellation of an
				item by supplement must be under the same item number with letter suffix. For
				example: Item 40-A cancels Item 40; Item 40-B cancels Item 40-A; and so on. If
				an item or any part thereof is transferred to another item of different number
				in the same tariff, the cancellation must be carried under the original item
				number and must show in what item or items the effective rates are to be found.
				If an item is withdrawn in its entirety, or expires by its own terms, leaving
				no rates or provisions in effect in that item, the cancellation or expiration
				must be brought forward in subsequent supplements as a reissued item. An item
				once lawfully eliminated by cancellation or expiration may not be reinstated
				except by republication under a new effective date.
(4) Such republication, except as provided in
				the second paragraph of this section, must be under the same item number, must
				cancel the former item and must be given the next letter suffix. For example:
				If the cancelling item is 40-A the newly published item should read "Item 40-B
				cancels Item 40-A."
(5) The items
				in each supplement to a classification must be numbered consecutively,
				commencing with Item 1 on each page, must cancel the previous item and must
				show where the cancelled item appeared. For example: Item 6 cancels Item 3,
				page ___of Supplement ___; Item 10 cancels Item 1, page ___, of
				classification.
(6) When
				withdrawing a rule or item designated by an item number the cancelled matter
				need not be reproduced in connection with the item effecting the cancellation,
				except to the extent necessary to identify the item.
Sec.
					 69-12-201,
					 MCA; IMP, Title 69, Chapter 12, Part 5,
					 MCA;