49 CFR § 1312.2 - Requirement to publish and file a tariff.

---
identifier: "/us/cfr/t49/s1312.2"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 1312.2 - Requirement to publish and file a tariff."
title_number: 49
title_name: "Transportation"
section_number: "1312.2"
section_name: "Requirement to publish and file a tariff."
chapter_name: "SURFACE TRANSPORTATION BOARD"
subchapter_number: "D"
subchapter_name: "CARRIER RATES AND SERVICE TERMS"
part_number: "1312"
part_name: "REGULATIONS FOR THE PUBLICATION, FILING, AND KEEPING OF TARIFFS FOR THE TRANSPORTATION OF PROPERTY BY OR WITH A WATER CARRIER IN NONCONTIGUOUS DOMESTIC TRADE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 1321(a), 13702(a), 13702(b), and 13702(d)."
regulatory_source: "62 FR 19058, Apr. 18, 1997, unless otherwise noted."
cfr_part: "1312"
---


# 1312.2 Requirement to publish and file a tariff.

(a) *Requirement for tariff.* Except when providing transportation for charitable purposes without charge, or when providing transportation or service described in § 1312.1(b), carriers subject to the Board's jurisdiction under 49 U.S.C. Chapter 135 may provide transportation or service described in § 1312.1(a) only if the rates, and related rules and practices, for such transportation or service are contained in a published tariff that is on file with the Board and in effect under this part.

(b) *Adherence to tariff.* The carrier may not charge or receive a different compensation for the transportation or service than the rate specified in the tariff, whether by returning a part of that rate to a person, giving a person a privilege, allowing the use of a facility that affects the value of that transportation or service, or another device.

(c) *Other information.* Provisions for information purposes only may be included in a tariff, provided they are clearly identified as such. Such provisions may include rates and service terms covering transportation not subject to regulation by the Board, and advertising and promotional material.

(d) *Effect of filing.* The tender of a tariff and its receipt and acceptance by the Board do not relieve a carrier of liability for violations of the Act, other laws, the Board's regulations, or any decision of the Board or a court, or have any effect on the rights of persons to file complaints for substantive violations of the Act or the Board's regulations.

(e) *Invalidation of tariffs.* Tariffs that violate section 13702 of the Act, or a regulation of the Board carrying out that section, may be invalidated by the Board. When a tariff is invalidated, the party that filed it will be furnished a written explanation of the reasons for such action. Tariffs issued in lieu of invalidated tariffs shall so state.

[62 FR 19058, Apr. 18, 1997, as amended at 84 FR 20294, May 9, 2019]