Emergency rates and other schedule provisions

Sec. 40. MOTOR CONTRACT CARRIERS OF PROPERTY; ESTABLISHMENT OF MINIMUM RATES, ETC., COVERING

EMERGENCY MOVEMENTS OF PROPERTY. (a) Subject to the limitations herein, motor contract carriers of property may establish rates and

other schedule provisions covering emergency movements of property under Section 28a of the Motor Carrier Act, without further notice prior to

acceptance of shipments for transportation other than posting of an individual schedule publication (not a loose-leaf page), containing such rates

and other schedule provisions, and having four copies of the publication, with a letter of transmittal, filed with the Commission.

(b) Additional departure from the terms of Part B. Motor contract carriers of property may depart from the terms of Part B to the extent

necessary to permit the filing of schedules authorized in Paragraph (a) of this rule.

(c) Limitations. (1) This permission does not authorize the cancellation of any minimum charge or provisions on the same commodity

between the same points and may not be used to establish minimum charges or other provisions which will result in duplicating and/or conflicting

minimum charges, except as authorized in Subparagraph (5) of this paragraph.

(2) Schedules filed hereunder must be consecutively numbered in the carrier's "ET" series in the following manner:

P.S.C.I. No. ET-

(3) Schedules filed hereunder may contain only the minimum charges, rules, and other provisions covering the movement of property under

emergency temporary authority and then only for a period of not more than 30 days, and such schedules may not contain other minimum charges

or provisions.

(4) All schedules filed hereunder must bear a specific expiration date which will not be later than the date upon which the emergency

temporary authority expires.

(5) When it has been discovered the provisions of one "ET" series schedule do not conform to emergency temporary authority actually

granted, another schedule, in the carrier's "ET" series, may be filed in accordance with this section to cancel the first and conform schedule provisions

to the operating authority.

(6) Supplements to "ET" series schedules are permissible only for the purpose of changing, specifically, the expiration date of the schedule

to a date not later than the date upon which the emergency temporary authority, or an extension thereof, expires.

This permission does not modify any outstanding formal order of the Commission, nor waive any of the requirements of its published rules

relative to the construction and filing of schedule publications, except as herein authorized, nor modify any of the provisions of Section 28a of the

Motor Carrier Act, except as to notice.