U.S. SHIPPING BOARD TARIFF RULES

2. Contents of Title-Page.-The title-page of every tariff shall disclose:

(a) The name of the issuing carrier or agent;

(b) The character of the rates provided, as local, joint, proportional, class, or commodity;

(c) The territory or ports from and to which the rates apply briefly stated;

(d) The date of issue and the effective date, but not the date of expiration of the tariff, except as provided in Rule 20 (b);

(e) In the upper right-hand corner, in black-faced type, the symbol SB followed by the carrier's serial number, and immediately thereunder in smaller type, the symbol and serial numbers of the tariffs thereby canceled. If the number of canceled tariffs is so large as to render impracticable their enumeration on the title-page, the symbols and serial numbers of the canceled tariffs may follow the table of contents, but specific reference to such list shall be noted on the title-page immediately under the SB number. Tariffs shall be numbered consecutively and separate serial numbers shall be used for freight and passenger tariffs. Carriers' own tariff numbers may be shown on upper half of title-page;

(f) On the upper left-hand corner, if the tariff comprises fewer than 5 pages, the words: "No supplement to this tariff will be issued except for the cancellation hereof"; on tariffs comprising 5 but not more than 16 pages, the words: "Only one supplement to this tariff will be in effect at any time”; on tariffs comprising 17 but not more than 111 pages, the words: "Only two supplements to this tariff will be in effect at any time"; on tariffs comprising more than 111 pages, the words: "Only three supplements to this tariff will be in effect at any time." A tariff which provides for suspension and restoration of rates on closing and opening of navigation, as authorized by Rule 20, shall contain the following exception in connection with the above notations, "except as provided for in Rule page

of this tariff";

This rule shall not apply to tariff indices provided for by Rule 8;

(g) A reference as follows to the classification and exception sheet, if any, governing the tariff: "Governed except as otherwise herein provided by Classification, SB No. supplements thereto supplements thereto and

and reissues thereof; and by exceptions to said classification, reissues thereof";

SB No.

(h) Where the rates, fares, or charges named in a tariff are not in excess of previous corresponding rates, fares, or charges, the title-page shall bear the notation: "No advance in rates." Where the rates, fares, or charges named in a tariff are in excess of those previously filed with the Board, the title-page shall bear the notation: "All rates advanced," or "Some rates advanced," as the case may be. The title-page shall also indicate, by definite reference, the order, rule, or decision of the Board, if any, whereby such higher rates, fares, or charges shall have been authorized; and if such advances are made effective on less than 10 days' notice to the public, as provided in Rule 23, the title-page shall also contain a reference to the order, rule, or decision whereby the Board shall have waived such notice;

(i) The name, title, and address of the officer or agent by whom the tariff is issued.

3. Composition of Tariffs.-Tariffs in book or pamphlet form shall contain in the order named:

(a) A table of contents, with references by pages and item numbers to general headings arranged in alphabetical order and descriptive of the subject matter;

(b) An alphabetical list of the issuing carriers, including those for which a joint agent issues under power of attorney and those participating by concurrence. The form and number of such power of attorney or concurrence, in each instance, shall be shown. If the number of participating carriers does not exceed 5 their names may appear on the title-page;

(c) An alphabetical index of all articles upon which commodity rates are named, preceded by the words: "Including only such articles as are given specific rates; articles not specified will take class rates," if carrier uses classification. Items relating to the same commodity shall be grouped, as, for example: "Coal-Anthracite"; 'Coal-Bituminous," etc.;

(d) An alphabetical index of all articles upon which commodity rates between points covered by the tariff are named in other tariffs, together with the SB numbers of the tariffs in which such rates are named;

(e) An alphabetical index of the ports (including names of States, Territories, or possessions) from which the designated rates apply, and a corresponding index of the ports to which such rates apply. If there be not more than 12 points of origin or 12 points of destination the name of each may, if practicable, be specified on title-page of tariff;

(f) An explanation of reference marks and technical abbreviations used in the tariff;

(g) A list of exceptions, if any, to the classification governing the tariff and not contained in the exception sheets enumerated on the title-page;

(h) General rules and regulations governing the application of the tariff, or of the rates therein provided, the title of each such rule or regulation being shown in black-face type: Provided, That a special rule or regulation applying to a particular rate may be shown on the page on which the rate is named; but if not so shown, an appropriate reference to such special rule or regulation must appear by the item affected thereby;

(i) An explicit statement of the rates in cents, or in dollars and cents, per cubic foot, per 100 pounds, per barrel or other package, per ton of 2,000 pounds, or per ton of 2,240 pounds, or some other unit or basis;

U. S. SHIPPING BOARD TARIFF RULES

(j) A brief description of the route or routes via which the rates apply, with a provision, if desired, that such rates will also apply to transportation by the lines of the participating carriers via other junction points;

(k) If basing or proportional rates are provided in the tariff, a specification of the extent and manner of their application. Tariffs designed for use in connection with published basing rates shall show the SB numbers of the tariffs in which such bases may be found.

4. Tariff Supplements.—(a) Except as authorized in Rules 6-(f), 7-(b), 19-(a), and 20-(c), changes in tariffs of fewer than 5 pages may be made only by reissue. Not more than one supplement may be in effect at any time to any tariff of 5 and not more than 16 pages; not more than 2 supplements to any tariff of 17 and not more than 111 pages; and not more than 3 supplements to any tariff of more than 111 pages; and such third supplement may be issued only when the smaller of the two effective supplements contains not fewer than 10 per cent of the number of pages in the tariff.

Except as otherwise in these rules provided, supplements to tariffs of not more than 16 pages may contain not more than 4 pages; to tariffs of not more than 32 pages, not more than 6 pages; and to tariffs of more than 33 pages, not more than 25 per cent of the number of such pages, including title-page and index. A supplement of 5 or more pages shall be indexed as provided in Rule 3, and a supplement of more than 20 pages shall also contain a table of contents as provided in said Rule 3.

(b) Every tariff supplement shall contain either a list of the carriers therein participating or a statement that the participating carriers are "as shown in tariff," or "as shown in tariff, except showing alphabetically all additions to and eliminations from original list affected by supplement or by previous supplements."

Every supplement to a tariff shall be numbered consecutively as a supplement thereto and shall not be given a separate SB number. Each supplement shall specify the supplement or supplements thereby canceled, and shall also designate on its title-page the supplement or supplements containing all changes from the original tariff contemporaneously in effect. For example: "Supplement No. to SB No. "Cancels supple

"Supplements Nos. and

contain all changes from original tariff effective

ments Nos. and
on date hereof." The expression "cancels conflicting portions" must not be used.

5. Tariff Amendments.-(a) Any change in or addition to a tariff shall be known as an amendment; and, except with respect to tariffs of fewer than 5 pages or to tariffs issued in loose-leaf form, such amendments shall be printed in a supplement to the tariff, and shall refer specifically to the page or item of such tariff, or of any previous supplement, which may be thereby amended. An amended item shall always be printed in its entirety as amended, and the items in each such supplement shall be arranged in the order of the amended tariff.

(b) Amendments to tariffs issued in loose-leaf form shall be made by reprinting both pages of the leaf on which the change is made. Any page reprinted without amendment shall bear the notation: "No change on this page." Such pages shall not be given supplement numbers, but shall be designated as "First revised page -"; "Second revised page —,” etc., and shall show the SB number of the tariff in which they are comprised, together with the date of their issue, the effective date of the amendment, and the name, title, and address of the officer by whom they are issued.

6. Tariffs Advancing Rates.—(a) Every tariff or supplement naming a rate, fare, charge, or classification in excess of a corresponding rate, fare, charge, or classification on file with the Board, shall be accompanied by, but shall not include, a sworn statement setting forth the facts relied upon as justifying the advances proposed to be made, to be considered by the Board in determining whether or not such advances shall be approved.

(b) No rate, fare, or charge in excess of a corresponding rate, fare, or charge on file with the Board shall become effective until approved by the Board and after 10 days' notice to the public as provided in Rule 22.

(c) Any person, corporation, partnership, or association may file with the Board at any time prior to the expiration of such notice a protest against the application of any such proposed advance in rates, fares, or charges; and if the Board, upon consideration of any such protest, or for any other reason, shall decline to approve any such advance in rates, fares, or charges, the issuing carrier or agent will be promptly so advised, and thereupon shall either cancel the items naming such rates, fares, or charges, as provided in Rule 7, or suspend the same pending a hearing and a decision thereon by the Board. The carrier or agent in every such case shall advise the Board by telegraph whether the items in question will be canceled or suspended, and in the latter event shall apply immediately for a hearing, which, if ordered by the Board, shall be conducted substantially in accordance with the rules of practice governing proceedings on formal complaint.

(d) When a carrier in such a case, or for any other reason, shall have suspended or deferred the operation of an item, a tariff or schedule, it shall immediately post and file as provided in Rule 22 a supplement setting forth the fact of suspension; providing that the specified item, tariff or schedule under suspension shall not be used until further notice; and providing further that, pending such notice, the item, tariff, or schedule previously in effect shall continue to be applied. Such supplement shall also indicate by SB number or numbers the tariff or tariffs in which the items so continued in effect are to be found. Every suspension supplement shall bear the date of issue but no effective date, as suspensions are effective from the date of notice of nonapproval of the Board.

(e) When, upon subsequent approval by the Board or for any other reason, a suspension shall have been vacated, the carrier or agent issuing the suspended tariff or schedule shall immediately file with the Board and

U. S. SHIPPING BOARD TARIFF RULES

post as provided in Rule 22 a supplement setting forth briefly the facts in the premises and specifying the date on which the rate, fare, charge, classification, regulation, or practice under suspension shall become effective.

(f) Every such vacating supplement shall bear the notation: "Issued under authority of Rule 6 and in compliance with order of 19, entered by the United States Shipping Board in docket No..” Neither suspension nor vacating supplements shall be counted against the number of supplements permitted by Rule 4. When a suspended tariff subsequently becomes effective, such tariffs as may have been continued in effect by reason of such suspension shall be canceled as provided in Rule 7. Except by special permission of the Board, no change shall be made in a tariff or supplement which has been suspended in its entirety.

7. Cancellation of Tariffs.—(a) Every tariff naming a rate, fare, or charge in excess of a corresponding rate, fare, or charge lawfully on file with the Board, unless approved by the Board prior to the proposed effective date thereof, shall be either suspended as provided in Rule 6 or canceled by the posting and filing, as provided in Rule 22, of a supplement setting forth the fact of cancellation and the effective date thereof. Every such supplement shall specify the rate, charge, or regulation which thereafter shall apply, with a definite reference by SB number or numbers to the tariff or tariffs wherein such rate, charge, or regulation may be found. For example: "Rate in SB No. will apply," or "Class rates will apply," or "Combination rate will apply," or "No rates in effect."

(b) If a tariff is canceled for the purpose of canceling all the rates therein provided, or when, through error or omission, a later issue fails to cancel the previous issue, and a tariff is canceled to perfect the record, the cancellation notice shall not be given a new SB number, but shall be issued as a supplement to the tariff which it cancels, even though it be a tariff of not more than 4 pages, and even though the tariff at the time may have the full number of supplements permitted by Rule 4. Cancellation of a tariff also cancels supplements thereto.

(c) Where the items in a tariff or a supplement are designated by item numbers, the cancellation of such an item shall carry the corresponding item number; for example: "Item 27-A cancels Item 27." If a canceled item or any part thereof is taken up and thereafter carried in another item of a different number, the cancellation shall be carried under the original item number, and shall show the item or items under which the effective rates are to be found; and the cancellation of the item in the original tariff or supplement shall be brought forward in successive supplements, as a reissued item, so long as the cancellation is in effect.

(d) When a tariff canceling a previous tariff omits any rate, regulation, or classification carried in such canceled tariff, the new tariff shall show, as hereinabove provided, where such omitted rate, regulation, or classification may be found. If any such omission shall have effected an increase or a decrease in any rate, fare, charge or classification on file with the Board, that fact shall be indicated as provided in Rule 21; and such an increase may not lawfully be applied until approved by the Board and after 10 days' notice to the public as provided in Rule 22, unless the Board shall have expressly waived such notice.

(e) Where a tariff or a supplement conflicts with any portion of any other tariff or supplement comtemporaneously in effect, the later tariff shall indicate specifically the portion of the prior tariff which is thereby canceled, and such prior tariff shall at the same time be amended, effective on the date of cancellation, as provided in Rule 5.

8. Tariff Index.-(a) Every carrier subject to these regulations shall publish, post, and file, as provided in Rule 22, a complete index of the tariffs which are in effect and to which it is a party, including as to each tariff: (1) The SB number;

(2) The name of the issuing line or agent;

(3) The character of the tariff or a description of the articles thereby covered;

(4) The ports from which the tariff applies;

(5) The ports to which the tariff applies;

(6) A list of all the tariffs as to which the carrier is an initial line. Commodity tariffs shall be entered alphabetically under the name of commodities or principal commodities, and tariffs applying to different groups of the same commodity shall be grouped together, as, for example: "Lumber-Hardwood"; "LumberYellow Pine"; etc.

Following specific commodity tariffs shall be entered general commodity tariffs, class and commodity tariffs and class tariffs. Under each of these respective heads the application of the tariffs shall be described by alphabetical arrangement, under columns headed "From" and "To," respectively, of the ports of origin and destination. Under the head of "Miscellaneous schedules" shall follow, in alphabetical order, a list of schedules, such as billing books, classifications, exception sheets, terminal charges, etc.

(7) A list of all tariffs as to which the carrier is a delivering line, arranged alphabetically according to the names of the issuing carriers or agents, with items arranged by commodities and classes under each of such carriers or agents, as provided in section (6).

(8) A complete list of the numbers of tariffs of its own SB series, arranged in numerical order.

(b) If a carrier should so desire, a list of its intrastate tariffs, rail-and-water tariffs, division sheets, official circulars etc., may appear in this publication. In connection with intrastate tariffs, or rail-and-water tariffs, however, a reference mark must be used with the notation: "Rates in this tariff do not apply to interstate shipments [or to shipments transported exclusively by waterl."

U.S. SHIPPING BOARD TARIFF RULES

(c) Each index shall bear on its title-page notations as follows: "This index contains lists of tariff publications in effect on [date of issue of index], [or which have been filed to become effective at a later date as herein noted]." If supplements to index will not be issued: "No supplement to this index will be issued;" if supplements will be issued: "This index will be reissued on or before and supplements will be issued each month in which any change shall have been made."

19

Each supplement to such index shall bear on its title-page the notation: "Supplements Nos. -andcontain corrections to and as in effect on [date of issue of supplement], [or which have been filed to become effective at a later date as herein noted]."

(d) The title-page of every index or supplement thereto shall show a date of issue corresponding with the date shown in the notations specified in Rule 8 (c). One index containing both freight and passenger tariffs may be filed, but if both classes of tariffs are included in one index it shall be given an SB number in both freight and passenger series, and four copies thereof shall be filed with the Board.

(e) Changes in the index shall be shown to date either by reissue each month or by supplement each month and reissue every 12 months. If supplements are used, they shall be numbered consecutively and shall show additions, changes, and cancellations made in index or in canceled supplement thereto.

9. Special Charges and Allowances.-(a) Every carrier subject to these regulations shall publish, post, and file, under proper SB numbers, separate tariffs, which shall contain in clear and specific terms all the port or terminal charges, lighterage, and demurrage; all allowances, such as arbitraries, icing, storage, elevation, diversion, or reconsignment; and all transit and other privileges, charges, and rules which may directly or indirectly increase or decrease the transportation charges, or which may increase or decrease the value of any service rendered by the carrier. Where, however, a carrier undertakes to deliver freight only within defined lighterage limits, its tariffs need not contain rates or charges covering movements beyond such lighterage limits.

(b) If such privilege is granted or charge is made in connection with the rate under which the shipment moves from point of origin, the initial carrier's tariff containing the rate covering such movement shall also show such privilege or charge, or shall state that shipments thereunder will be entitled to such privileges and subject to such charges as may be provided in the tariffs of the connecting water carriers granting the privileges or performing the services “lawfully on file with the United States Shipping Board.”

10. Carriers' Rules and Regulations. (a) Rules and regulations governing rate schedules may be shown in separate publications issued under SB numbers and made a part of such schedules by specific reference thereto, as follows: "Governed by the rules and regulations shown in SB No. -." Reference to other

tariffs shall specify the SB numbers as well as the initials of the issuing carrier or the name of the issuing agent of such other tariffs. A publication or schedule so referred to must be lawfully on file with the United States Shipping Board.

(b) Every carrier subject to these regulations shall publish, post, and file, as provided in Rule 22, general rules and regulations governing the transportation of baggage (including excess-baggage rates except when shown in tariff in connection with fares), stopover privileges, extensions of time on limited tickets because of illness, quarantine, or other cause, and the honoring of tickets not properly validated. If such general rules are filed in separate tariffs of the individual carriers a joint tariff may refer to them by SB numbers, or "as lawfully on file with the United States Shipping Board." An individual carrier filing such rules in a separate tariff shall refer thereto by SB number.

(c) No rule or regulation shall in any way authorize the substitution for any rate or fare named in the tariff of any rate or fare found in any other tariff or made up by any combination or plan other than that clearly stated in the tariff of which the rate or regulation is a part.

11. Reconsignment of Traffic.-Under proper regulations, carriers may permit a shipper to forward a shipment to a certain point; thereafter, while the shipment is in transit or after it has arrived at the destination to which it was originally consigned to change the destination or the consignee thereof, and to forward the traffic under the through rate applying from the point of origin to final destination.

The term "reconsignment," unless otherwise qualified in the tariff, shall be held to include changes in destination, routing, or consignee; and any carrier desiring to distinguish between such changes in original routing instructions shall state the conditions under which each character of reconsignment will be permitted, together with the charges, respectively, therefor; and such regulations shall be so clearly defined as not to be misunderstood.

12. Definition of Inclusive Terms. The terms "common points," "lake ports," and similar inclusive expressions, when used in any tariff, shall be accompanied by a complete list of the points therein embraced, or by a specific reference to such a list elsewhere in the tariff or in some other tariff on file with the Board.

The terms "grain products," "forest products," "petroleum and its products," "cottonseed products," or similar inclusive terms, when used in any tariff, shall be accompanied by a complete list of the articles included in and covered by such terms, or by a specific reference to such a list elsewhere in the tariff or in some other tariff on file with the Board.

13. Classification of High Explosives. (a) Freight classifications may not properly provide that high explosives will be "taken only by special agreement," but if it is impracticable to classify such traffic the classification may provide that high explosives will be accepted for transportation "subject to the regulations and rates

U. S. SHIPPING BOARD TARIFF RULES

provided in the tariffs of the individual carriers," and each carrier concurring in such classification shall provide in its tariff rates and regulations governing the transportation of high explosives. Such tariffs and classifications shall specify their application to shipments properly labeled, billed, and invoiced as provided in sections 232 and 235 of the Penal Code, as approved March 4, 1909.

(b) Freight tariffs governed by classifications of which rules and regulations governing the transportation of explosives and other dangerous articles are made a part need not contain a copy of such rules and regulations but must state that the rates are governed thereby.

14. Round-trip and Excursion Fares.—(a) Tariffs containing round-trip or excursion fares, and instructions governing the sale and use of tickets thereunder, shall name all carriers participating therein, or shall refer by SB numbers to the tariffs on which such excursion fares are based, with a notation that the carriers parties to such tariffs are likewise parties, under the powers of attorney and concurrences therein shown, to the excursionfare tariff. Such tariffs shall also contain a provision that tickets may not be sold thereunder via the line of any carrier not therein specified as a party thereto or to the tariff or tariffs therein referred to. (b) Tariffs naming fares for excursions may state such fares in such terms as a “One first-class fare for the round trip," ," "One first-class fare and a third for the round trip," "One first-class fare plus $— for the round trip," but every such tariff shall give specific reference by SB number or numbers to the tariff or tariffs containing such first-class fares.

(c) If side trips for passengers at free or reduced rates are granted to holders of through tickets, the tariff under which the through ticket is sold shall show the side trips that will be furnished, or shall state that side trips will be furnished as per the tariffs of the individual carriers "lawfully on file with the United States Shipping Board." (d) Tariffs containing fares which include hotel accommodations or admission to entertainments shall show separately the carrier's portion of such fares, and such portions of fares shall be alike to all, regardless of whether or not the passenger may engage such additional service.

15. Issuance by Agent Under Power of Attorney.-(a) Any carrier subject to these regulations may lawfully authorize an agent to publish, post, and file its tariffs, classifications, exception sheets, or supplements thereto, the form of authorization in such cases provided being as follows:

Form SB A No.

Know all men by these presents:

That the

constitute and appoint

Company has made, constituted, and appointed, and by these presents does make,
of
its true and lawful attorney and agent, for and in its name,

place, and stead [or for it jointly with other carriers] to file tariffs, classifications, and exception sheets and supplements thereto, as required by regulations established by the United States Shipping Board, pursuant to the provisions of section 18 of the Federal Shipping Act of September 7, 1916, for the period of time, the traffic, and the routes herein designated, as follows: .

And the said. ..Company hereby gives and grants unto its said attorney and agent full power and authority to do and perform all and every act and thing hereinabove specified, as fully and to all intents and purposes as if the same were done and performed by the said company, hereby ratifying and confirming all that its said agent and attorney may lawfully do by virtue hereof, and assuming full responsibility for the acts and neglects of its said attorney and agent hereunder.

Presi

In witness whereof the said Company has caused these presents to be signed in its name by its dent, and to be duly attested under its corporate seal by its Secretary at, in the State of of 19....

The carrier issuing this form shall file the original with the Board and shall furnish a duplicate thereof to the agent to whom authority is thereby given. No such authority may be conferred upon any association or bureau, and no such power of attorney may lawfully contain authority to delegate to another any of the powers thereby conferred. Any power of attorney may be revoked by the issuing carrier upon 30 days' notice to the Board, or may at any time be transferred to another agent by filing with the Board a notice of such transfer, accompanied by a full-form authorization for the newly constituted agent.

(b) Two or more carriers may designate the same agent, but each of such carriers must file with the Board a several power of attorney as hereinabove provided; and the concurrences of every other carrier participating in any tariff, classification, or supplement filed by any such agent shall be on file with the Board or shall accompany the tariff as provided in Rule 16 (a).