Authority: IC 8-2.1-18-6

Affected: IC 8-2.1-18

Sec. 10. SECTIONAL TARIFFS. (a) Alternative use of rates in sectional tariffs. (1) The alternative use of rates may be provided by publishing such rates in different sections of 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 the application of the rates published in that section. The title page of each section containing alternating rates shall also contain the following rule:

1. If the charge accruing under section _____ or _____ of this tariff is lower than the charge accruing under this section on the same shipment over the same route, the charge accruing under section _____ or _____ whichever is lower, will apply.

(2) Each succeeding page of the section shall also bear the section number. Unnecessary alternation of rates must be avoided by checking the rates in one section against those in other sections and omitting rates which would clearly result in charges higher than those in other sections. Alternating reference should not be given to another section unless the section actually contains rates which alternate.

(b) Nonalternating section. (1) Each commodity tariff arranged in sections for alternative use shall contain a nonalternating section and each class and commodity tariff similarly arranged for alternative use shall contain a commodity section which does not alternate with other sections of the tariff.

(2) When an exclusive commodity tariff is issued under authority of this section, Section 1 of the tariff shall not have alternative application with other sections. In the portion of the tariff containing rules, under the heading "Application of Rates," the following shall appear:

1. 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.

(3) The title page of Section 1 shall contain the following notation:

1. 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 over the same routes, published in other sections.

(4) The title page of each other section containing commodity rates shall contain the following notation preceding that prescribed in paragraph (a) of this rule:

1. When rates are published in Section 1, the rates named in this section on the same commodity from and to the same points over the same route, will not apply.

(c) Position of sections. (1) When both class and commodity rates are published in separate sections of a tariff, under authority of this section, the class rates shall be published in a section preceding the commodity sections. Commodity rates which do not alternate with the rates in other sections shall be published in the first commodity section. Under the heading of "Application of Rates," in the rules portion of the tariff, the following notation shall appear:

1. The rates in Section 2 are specific commodity rates and do not alternate with rates in other sections of the tariff. See application of that section.

(2) The title page of the nonalternating commodity section shall contain the following notation:

1. When rates are published in this section on the commodity transported from point of origin to destination, rates named in the section will apply regardless of rates between the same points, over the same routes, published in other sections.

(3) The title page of each section containing commodity rates shall also contain the following notation preceding that prescribed in paragraph (a) of this rule:

1. Where rates are published in Section 2, the rates named in this section on the same commodity from and to the same points, over the same route, will not apply.

(d) Restrictions, publication of alternating rates. (1) Publication of alternative rates in different sections, of a tariff, is subject to the following restrictions:

1. (i) Only one alternation of class rates against class rates may be provided, and not more than two alternating sections of commodity rates, which may alternate with each other, will be permitted.
2. (ii) Rates published in another tariff may not be reproduced for alternative purposes;
3. (iii) One section of a tariff may not alternate with more than three other sections;
4. (iv) Except as otherwise authorized in Rule 4(f), a rate in one section may not alternate with a rate in the same section; and
5. (v) Alternating sections may not be subdivided.

(2) A tariff which, as originally filed, does not contain alternating sections may not be changed into one with alternating sections except by reissue; nor may another section be added by supplement to a tariff already containing alternating sections.

(Department of State Revenue; No. 33034: Common Carrier Freight Tariffs and Classifications PT A,Rule 8; filed Feb 15, 1973, 3:00 pm: Rules and Regs. 1974, p. 479) NOTE: Transferred from the Indiana Utility Regulatory Commission (170 IAC 2-3-10) to the Department of State Revenue (45 IAC 16-3-10) by P.L.72-1988, SECTION 12, effective July 1, 1988.