Rule 38.3.2901 - LOOSE-LEAF TARIFF FORMAT(1) Pages of loose-leaf tariffs shall be printed on thin paper of strong texture, on one side only; must be consecutively numbered and designated as "Original page 1," "Original page 2," etc. Each page must show at the top of the page the name of the issuing carrier or agent, the page number, and the PSC number of the tariff. At the bottom of the page shall be shown the date of issue, the effective date, and the name, title, and street address of the issuing officer or agent.(2) Changes in and additions to loose-leaf tariffs shall be made by reprinting the page upon which change or addition is made, and such changed page shall be designated as a revised page. For example: "First revised page 1 cancels original page 1," or "Second page 2 cancels first revised page 2," etc. When a revised title page is issued the following notation shall be shown in connection with its effective date: Original tariff effective ______ (here show effective date of the original tariff) except as hereinafter provided in (6) hereof.(3) If on account of expansion of matter on any page it becomes necessary to add an additional page in order to take care of the additional matter, such additional page shall be given the same number with a letter suffix. For example: "Original page 4-A," "Original page 4-B," etc. If it is necessary to change matter on original page 4-A it may be done by issuing first revised page 4-A, which shall provide for the cancellation of original page 4-A.(4) When a revised page is issued which omits rates, rules, or regulations theretofore published on the page which it cancels, and such rates, rules, or regulations are published on another page, the revised page must make specific reference to the page on which the rates, rules, or regulations will be found, and the page to which reference is so made must contain the following notation in connection with such rates, rules, regulations, etc.:(a) For______ (here insert rates, rules, regulations, etc., as case may be) in effect prior to the effective date hereof see page_________.(b) Subsequently revised pages of the same number must omit this notation insofar as this particular matter is concerned.(5) If after a tariff has been filed with the Commission it is desired to file additional pages, such pages may be subsequently filed to the tariff and numbered beginning with the next successive page number to the last page of the tariff, and must be designated as "Original page. ______." For example, when the tariff filed has 150 pages, page 151 when filed must not be designated as an "Additional" page but should be designated as "Original page 151."' Such a page can be filed only for the purpose of adding new matter which does not change the rates, rules or regulations then in force on other pages of the tariff.(6) Supplements shall not be issued to loose-leaf tariffs, except for the purposes authorized by the following:(a) ARM 38.3.2901(7). Conversion supplements to provide general rate changes.(b) ARM 38.3.2713 and 38.3.2801. Transfer or cancellation of provisions.(c) ARM 38.3.3001. Suspended matter.(d) ARM 38.3.3302. Transfer of operations change in name and control.(e) ARM 38.3.2713 and 38.3.2714. Takeover publications (transfer of agent).(7) A conversion table type supplement may be filed to any bound or loose-leaf tariff having not less than 20 pages (excluding supplements) to provide a general change in the level of all or substantially all the rates or charges, or all or substantially all the rates or charges in a described category (less-than-truckload, truckload, etc.) named in the tariff. The supplement shall be in clear, explicit, and simple terms, and be free of conflict and ambiguity. A conversion type supplement may be filed by a carrier or agent to a tariff of less than 20 pages (excluding supplements) provided it is filed at the same time as such supplements are filed by it to other of its tariffs which have 20 or more pages and provided the change is part of the same general rate adjustment. (a) The conversion supplements shall contain an application provision reading substantially as follows: Except as provided in [here identify location of listing of items, notes, or provisions not subject to rate change in whole or in part, specifying what part] and in [specify whether supplements or loose-leaf pages] issued subsequent to this supplement, all rates and charges published in this tariff, as amended, or as may be amended in [specify whether supplements or loose-leaf pages] issued subsequent to this supplement, are hereby or will on their effective dates be [specify whether increased or reduced] as follows for the period this supplement is in effect.
Immediately following this statement, a clear and explicit application of each column of changes must be published. If the supplement does not contain exceptions to or any nonapplication or the rate changes, the reference in the statement to a listing of exceptions must be omitted. However, under no circumstances may the exception therein with respect to subsequent supplements or loose-leaf pages be omitted. If not all of the rates or charges in a tariff are being changed by the supplement, the statement must clearly and definitely state the exact category of rates or changes (any-quantity, less-than-truck-load, truckload, volume, or less-volume rates, minimum charges, etc.) being changed and/or the exact items, sections, etc., of the tariff in which they are contained. Reference to categories of rates may employ only terms used in the tariff or determinable through its published definitions.
(b) If the supplement does not include all the tariff rates and charges to be changed, it must provide a percentage formula or other basis for converting rates and charges which are higher than those shown or otherwise not shown in the conversion table. If this is necessary, the supplement must provide a method of disposing of resulting fractions. When multiple-factor rates or charges made by use of arbitraries or other means are being changed, the method of computing such changes shall be provided.(c) The base and the converted rates or charges must be in the same monetary unit (in cents, in dollars and cents, etc.) used in the tariff. If the tariff names rates or charges in more than one monetary unit (for example, some in cents, others in dollars and cents), the unit used must be the one employed in the greatest percentage of rates and charges to be changed, and a provision must be published stating how the change is to be applied in connection with the remainder, for example, if the conversion supplement is based on a monetary unit of "in cents," it shall contain the following rule: Where the rate or charge is stated in dollars or dollars and cents per 100 pounds, per ton, per article, per piece, per package, per shipment, or per any other unit, first find the rate or charge which is equivalent in cents under column [here show column containing base rates] of the conversion table herein and then apply the changed rate or charge shown opposite thereto in columns [here show numbers of columns containing changed rates or charges] in item [here show number of item containing application of columns] herein.
(d) Each supplement may contain not more than ten columns of rates or charges including the base rate or charge column. As to any base rate or charge, application of only one column of changed rate or charge is permitted.(e) Each conversion type supplement shall contain no other matter, be indicated to expire with a specific date not beyond one year from its effective date, and, as to a bound tariff, be exempted from the terms of ARM 38.3.2807. Each regular (not conversion type) supplement containing only republished class-rate tables and necessary related provisions forming a part of the same general rate adjustment and not made subject to a conversion table shall also be exempt from the terms of ARM 38.3.2807. Such a regular supplement need not show an expiration date.(f) As to bound tariff, an exception item or note may be republished from the conversion supplement into a regular supplement in order to add, eliminate, or change provisions. As to a loose-leaf tariff, exceptions may be published in an item in the tariff proper to which the conversion supplement may refer, in which case the item may be republished in the regular manner in subsequent republications of the particular page. If the exceptions are published in the conversion supplement issued to a loose-leaf tariff, they may not be amended.(g) The title page of the conversion supplement shall indicate, in the top margin, whether the changes are increases or are reductions. If the changes consist of some of both kinds, the notation must add "as indicated herein" and the different categories of changes must be indicated by use of the appropriate symbols for increase and reduction.(h) All subsequent amendments (supplements or loose-leaf pages) to the tariff becoming effective during the effectiveness of the conversion supplement and naming rates or charges shall contain a notation indicating whether such amendments are or are not subject, as the case may be, to the provisions of the conversion supplement and/or an item, identifying such supplement and/or item.(i) As to a tariff, only one conversion supplement may be in effect at any time. The duration of the application of published changes in a conversion supplement may not be extended by a like supplement providing the same increases or reductions. A conversion supplement may not be reissued with the same expiration date unless requested by the Commission.(j) The provisions of this paragraph do not authorize the publication and filing of so-called master tariffs or "connecting link supplements."Mont. Admin. r. 38.3.2901
Eff. 12/31/72; AMD, Eff. 8/5/76.Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA;