rates governed thereby, generally provide the highest rates and charges which an article should bear. It follows that any tariff provision (e.g. exceptions rating, commodity rate, charge, rule, et cetera) the application of which in any case would result in a higher charge than otherwise would result from application of the classification class or rating and rules to the class rates would require special justification. Therefore, accompanying the tender to the Commission of a tariff, supplement, or loose-leaf page which names such a tariff provision, there shall be a clear statement by the publishing motor common carrier or agent of the justification relied upon to warrant the higher charges. Any such publication not accompanied by a statement of justification shall be subject to rejection. This paragraph does not apply (1) in connection with minimum charges for small shipments (provided they are based on weights not over 500 pounds), (2) with respect to publication of rates and provisions for a special service which under the tariff the shipper has the option of using by requesting it in writing (e.g., expedited service, exclusive use of vehicle, et cetera), and (3) where no class rates are maintained by the carrier for whose account the class or rating, commodity rate or rule is published. Nor does this rule serve to prohibit publications of class rate arbitraries under authority of section 1310.7(b) of this part. (See §§ 1310.7(h)(3) and 1310.13 for provisions governing the alternation of commodity rates with class rates, and see § 1310.17(c) prohibiting alternation of exceptions with the classification.)

In § 1310.9, paragraphs (b)(1) and (d)(2) are amended to read as follows:

§ 1310.9 SUPPLEMENTS (RULE 9) (See §§ 1310.14, 1310.22, 1310.24, 1310.25, 1310.27, and 1310.28 (rules 14, 22, 24, 25, 27, and 28) for provisions which may be filed on less than 30 days' notice.)

(b)

(1) Every supplement of ten or more pages issued to a bound tariff, except blanket supplements and general increase or reduction conversion table supplements, shall provide near the front of the supplement a cumulative list of all items and numbered units that have been added, canceled, or changed by supplement together with reference to the number of the supplement where each is last shown.

(d) ***

(2) Except as otherwise authorized, the following is the maximum number of supplements to a tariff that may be in effect at any time and the maximum number of pages they may contain.

355 I.C.C.

(Note: The tariff of 3 or 4 pages, if supplemented hereunder, must be canceled within 180 days of the effective date of such supplement)

In 1310.10, paragraphs (b)(3), (d)(9), (g)(2), and (h) are amended to read and paragraph (j)(13) is added as follows:

§ 1310.10 AMENDMENTS (RULE 10) (See §§ 1310.14, 1310.22, 1310.24, 1310.25, 1310.27, and 1310.28 (rules 14, 22, 24, 25, 27, and 28) for provisions which may be filed on less than 30 days' notice.)

(b)

(3) The list of participating carriers published in a loose-leaf tariff may be amended only by republication of the page upon which it appears. Additions, cancellations, and changes shall be indicated as such. The names of canceled carriers shall be republished on a separate page or on pages at the end of the participating carrier list, indicating when the cancellation was first effective, until all provisions in the tariff referring specifically to the canceled carrier have been removed from the effective pages, after which the cancellation listing of the carrier may be omitted. Reference shall be made on the page or pages containing the participating carrier list to the page or pages containing the list of canceled carriers.

(d)

(9) The number of sheets containing thereon pages (including check sheets) canceled from the tariff may not exceed six times the number of sheets containing

effective tariff matter (including check sheets). Sheets containing only pages on which no tariff matter is printed except for notations such as "Intentionally left blank," “Tariff provisions canceled. This page series discontinued," or "Rates canceled," or except for provisions necessary to accommodate the format of the tariff such as the page designation, the ICC designation, the name of the carrier or agent, the name of the issuing party, and the address of the carrier or agent, are not included in the count of sheets containing effective matter within the meaning of this rule. The tariff must be canceled by the time this maximum ratio is reached.

(g)

(2) The reissued matter shall be uniformly designated by a number within a square (or an authorized substitute—see § 1310.6(n)(7) (rule 6)), the number corresponding to the number of the supplement from which the matter is reissued, and the explanation thereof must appear in the supplement in which the reference mark is used. The explanation must identify the matter as reissued and either (i) specify the date upon which the supplement became effective (for example, "Reissued from Supplement No. 1, effective [here show effective date of supplement]" or (ii) be published in substantially the following manner:

"(with number enclosed) Reissued from supplement bearing the number enclosed within the square. See item [here insert number of item referred to, explaining the method of denoting reissued matter in supplements].”

If the latter method is used, the rules section of the tariff shall contain an item (the number of which will be inserted in the explanation of the reference mark denoting matter reissued from a prior supplement) reading substantially as follows:

"METHOD OF DENOTING REISSUED MATTER IN SUPPLEMENTS

Matter brought forward without change from a supplement being canceled into another supplement will either be designated as reissued (i) by a complete statement to that effect in direct connection with the reissued matter, indicating the number of the supplement in which the reissued matter first appeared in its currently effective form, or (ii) by a reference mark [here show, or, whichever single type is adopted in the tariff] enclosing a number, the number being that of the supplement in which the reissued matter first appeared in its currently effective form. To determine its original effective date, consult the supplement in which the reissued matter first became effective."

(h) Change in the explanation of reference marks and notes. A change in the explanation of a general reference mark or general note (a reference mark or note adopted for general and continued use in the tariff-see § 1310.6(n) (2) (rule_6)) governing tariff provisions published elsewhere in the tariff or prior supplement should not require the tariff user to conduct a search for its use in order to determine the effect. Therefore, any change in or cancellation of an explanation of such a

reference mark or such a note, or change in or cancellation of an item or other provisions such explanation refers to in turn, shall be accompanied by

(1) a republication of all tariff provisions in the tariff as amended which employ the use of the reference mark or note;

(2) the publication of the number of each item or page (positioned with the changed or canceled explanation or changed or canceled tariff provision referred to in turn by the explanation), identifying the supplement, if any, containing tariff provisions which refer to the reference mark or note; or

(3) The publication of a notation (positioned with the changed or canceled explanation or changed or canceled tariff provision referred to in turn by the explanation) explaining the change and the general effect the change will have on the provisions employing the mark or note. Sufficient details must be published to clearly indicate the intent of the change. For example, if a reference explained as "minimum weight 40,000 pounds" is changed to "minimum weight 50,000 pounds," the notation would include information to the effect that the change results in increasing the minimum weight by 10,000 pounds for each truckload and therefore would substantially increase freight charges on all shipments which move under tariff provisions subject to the change.

Also, each page containing such a change or cancellation shall bear a notation at the top to the effect that the page contains a changed or canceled reference mark or note, or changed or canceled tariff provision referred to by the mark or note. This paragraph shall not apply to the explanation of the reference mark or (E) used in referring to an item showing expiration dates.

(j)

(13) Conversion supplements and companion supplements or loose-leaf pages forming part of the same general adjustment as the conversion supplements may change tariff matter which will not have been in effect for 30 days. Subsequent supplements or loose-leaf pages filed prior to the effective date of the conversion supplement may change or cancel on lawful notice matter changed by the conversion supplement before the change in the conversion supplement has been in effect for 30 days.

In § 1310.11, paragraphs (a)(9) and (b)(5) are amended to read as follows:

1310.11 TRANSFER OR CANCELLATION OF PROVISIONS (RULE 11)

(a)

(9) Transfer of provisions from an agent's tariff to the tariff of a carrier. A carrier's tariff may not direct the cancellation of a tariff, either in whole or in part, of an agent. Transfer may only be effected by cancellation by the agent and publication by the carrier, each as to its own issue. A common effective date for both actions shall be arranged to prevent conflict in rates or absence of any effective rates. The tariffs shall

refer to each other in the manner and to the extent provided in § 1310.11(b)(6) of this part.

(b)

(5) Amend the tariff to be canceled in part in the regular manner (by supplement if a bound tariff, or by revised pages if a loose-leaf tariff), making specific cancellations of provisions. If a bound tariff, and the amount of tariff matter it would be necessary to publish to comply would require more than four complete pages (including the title page), or if a loose-leaf tariff, and the reissuance of more than one-fourth the effective pages would be required to comply, the cancellation may be effected by a statement for the purpose published in a special supplement issued to the tariff. The statement shall specifically identify the material canceled (numbers of the items, units, tables, sections, pages, etc.) and state what provisions in what tariffs will thereafter apply in the absence thereof. The supplement must be permitted to remain in effect for the life of the tariff, or in the case of looseleaf tariffs until all the affected pages have been reissued (such reissued pages must refer to the supplement action). A supplement to a bound tariff may contain both cancellation in the regular manner and cancellation by statement. A supplement containing only matter necessary for the partial cancellation is exempt from supplemental limit provisions of this part. In bound tariffs, any reissue in a subsequent supplement of an item or unit affected by the statement form of cancellation shall specifically cancel the prior item or unit “as amended by" the canceling supplement.

In 1310.14, paragraph (d) is amended to read as follows:

§ 1310.14 SUSPENDED MATTER (RULE 14)

(d) Suspended matter reissued before supplement announcing suspension is issued. If a bound tariff and if, prior to the filing of the supplement announcing suspension, a carrier or agent files a later supplement which contains as reissues the matter suspended in the previous supplement, the supplement announcing the suspension shall specifically by statement (not reissue) cancel from the later supplement such reissued matter. Such statement of cancellation must itself have an effective date, and such date must be the same as the date upon which the reissued matter is indicated to become effective in the later supplement, giving not less than 10 days' notice. As used in this paragraph, "reissued matter" means matter republished without change and designated or referenced as reissued matter in the manner required by 1310.10(g) (rule 10). Items or other tariff provisions which direct the cancellation of a previous showing of such matter do not constitute reissued matter which the suspension supplement may cancel, even though no actual change in the provision is made. Tardiness in filing any supplement announcing a suspension may result in the rejection of the later supplement which cancels the suspended matter.