§ 341.15Long and short haul or aggregate of intermediate rates.
(a)Requests for relief from section 4. Carriers may file requests for relief from the provisions of section 4 of the Interstate Commerce Act in order to charge a greater amount for a shorter distance over the same line or route in the same direction, or to charge greater compensation as a through rate than the aggregate of the intermediate rates. Such request will be deemed granted unless the Commission denies the request within 30 days of the filing.
(b)Information required to be filed. A request for section 4 relief must contain the following information:
(1) The names of the carriers for which the relief is being requested.
(2) The FERC tariff numbers which contain the rates or charges referred to in the application, and identification of all the particular and related rates in question delineating origin and destination points.
(3) An accurate and complete statement giving the basis and reasoning why section 4 relief is necessary.
(4) A statement that the lower rates for longer than for shorter hauls over the same line or route are reasonably compensatory.
(5) A map showing the pipelines and origin and destination points in question and other pertinent information.
(c)Filing tariff publications concurrent with application. Applications for section 4 relief must be filed concurrently with the tariff publication filing establishing those rates. The transmittal letter must identify the filing as requesting section 4 relief.
(d)Tariff statement. Tariff publications filed containing such rates shall plainly state on the title page of the tariff publication that the rates contained therein contravene section 4 of the Interstate Commerce Act.
(e)Rounding through rates. When a carrier aggregates intermediate rates to make up through rates, it may round the resulting through rate to the nearest 0.5 whole cent.
Title 18 published on 2014-04-01.
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