49 C.F.R. § 1139.1 Application.
Title 49 - Transportation
(a) Upon the filing by the tariff publishing agencies named hereinafter on behalf of their motor common carrier members, or by such other agencies as the Board may by order otherwise designate, of agency tariff schedules which contain (1) proposed general increases in rates or charges on general freight where such proposal would result in an increase of $1 million or more in the annual operating revenues on the tariff affected by the proposal, or (2) a proposed general adjustment with the objective of restructuring the rates on a wide range of traffic, involving both increases and reductions in rates and charges, where such proposal would result in a net increase of $1 million or more in annual operating revenues, the motor common carriers of general freight on whose behalf such schedules are filed shall, concurrently with the filing of those tariff schedules, file and serve, as provided hereinafter, a verified statement presenting and comprising the entire evidential case which is relied upon to support the proposed general increase or rate restructuring. Carriers thus required to submit their evidence when they file their schedules are hereby notified that special permission to file those schedules shall be conditioned upon the publishing of an effective date at least 45 days later than the date of filing, to enable proper evaluation of the evidence presented. Data to be submitted in accordance with §§1139.2 through 1139.5 of this part represent the minimum data required to be filed and served, and in no way shall be considered as limiting the type of evidence that may be presented at the time of filing of the schedules. If a formal proceeding is instituted, the carriers are not precluded from updating the evidence submitted at the time of filing of the schedules to reflect the contemporary situation. (b) The motor common carriers of general freight which are subject to the provisions of this section are those which are members of the following tariff publishing agencies:
Central and Southern Motor Freight Tariff Association, Inc. Central States Motor Freight Bureau, Inc. The Eastern Central Motor Carriers Association, Inc. Middle Atlantic Conference Middlewest Motor Freight Bureau The New England Motor Rate Bureau, Inc. Pacific Inland Tariff Bureau, Inc. Rocky Mountain Motor Tariff Bureau, Inc. Southern Motor Carriers Rate Conference (c) Upon the filing of tariff schedules other than those described hereinabove, the carriers or their tariff publishing agencies shall be required to comply with such procedures as the Board may direct in the event an investigation is instituted. In any proceeding involving a proposed rate restructuring which would produce additional net revenue of less than $1 million the carriers will be required to submit only the data sought in §§1139.2 and 1139.3. Nothing stated in this part shall relieve the carriers of their burden of proof imposed under the Interstate Commerce Act.
Title 49: Transportation
PART 1139—PROCEDURES IN MOTOR CARRIER REVENUE PROCEEDINGS
Subpart A—Common Carriers of General Commodities
§ 1139.1 Application.
