(1) The alternative use of rates
may be provided by publishing such rates in different sections of one and the
same tariff. The first page of each section which shall be known as the title
page of the section, shall contain the number of the section and, if desired,
the application of the rates published in that section. The title page of each
section containing alternating rates shall also contain the following rule:
(a) If the charge accruing under section _____ or ____ of this tariff is
lower than the charge accruing under this section orgy the same shipment via
the same route the charge accruing under section ______ or ______, whichever is
lower, will apply.
(b) Each succeeding page of the section shall also bear
the
section number. As far as possible the rates in one section should be checked
against those in other sections and proper cancellations made, thereby avoiding
unnecessary alternation of rates. Alternating reference should not be given to
another section unless that section in fact contains rates which do alternate.
(c) Each
commodity tariff arranged in section for alternative use hereafter issued shall
contain a nonalternating section, and each class and commodity tariff similarly
arranged for alternative use shall contain a commodity section which alternates
only with class rates in the manner prescribed below.
(d) When
a strictly commodity tariff is issued under authority of this rule, section 1
of the tariff shall not have alternative application with other sections, but
there shall be published in said section commodity rates which in all instances
result in charges lower than would result from the commodity rates published in
other sections of the tariff. Under the heading "Application of
rates," the following shall appear:
(i) The
rates in section 1 are specific commodity rates and do not alternate with rates
in other sections of the tariff. See application of that section.
(e) The
title page of section 1 shall contain the following notation:
(i) When
rates are published in this section on the commodity transported from point of
origin to destination, rates named in this section will apply regardless of
rates between the same points published in other sections.
(f) The
title page of each other section containing commodity rates shall contain the
following notation preceding that prescribed in the first paragraph of this
section:
(i) When
rates are published in section 1, the rates named in this section on the same
commodity from and to the same points, via the same route, will not apply.
(g) When
publishing both class and commodity rates in sections of a tariff, under
authority of this rule, the class rates shall be published in a section or
sections preceding the commodity sections. Commodity rates which are lower than
and do not alternate with the rates in other commodity sections shall be
published in the first commodity section and may alternate only with rates in
the class section or sections. Under the heading of "Application of
rates," the following notation shall appear:
(i) The rates in section are specific
commodity rates and do not alternate with commodity rates in other sections of
the tariff. See application of that section.
(h) The
title page of the nonalternating commodity section shall contain the following
notation preceding that prescribed in the first paragraph of this section:
(i) When
rates are published in this section on the commodity transported from point of
origin to destination rates
named in
this section will apply regardless of rates between the same points published
in other commodity sections.
(i) The title page of each other section containing
commodity rates shall also contain the following notation preceding that
prescribed in the first paragraph of this section:
(i) Where rates are published in section (here show the number of the
nonalternating section) the rates named in this section on the same commodity
from and to the same points, via the same route will not apply.
(2) The publication of alternative rates in sections of a
tariff is subject to the following restrictions:
(a) That only one alternation of class rates against class
rates, and not more than two alternations of commodity rates against commodity
rates, will be permitted;
(b) That rates published in another tariff may not be
reproduced for alternative purposes;
(c) That the one section of a tariff may not alternate
with more than three other sections; and
(d) That alternating sections may not be subdivided and
except as otherwise authorized in ARM 38.3.2710, a rate in one section may not
be alternated against a rate in the same section.