Section 1225.205  Forms and Extent of Powers of Attorney

a)         The Commission's Tariff Agent Power of Attorney (Individual as Agent) form or its Tariff Agent Power of Attorney (Corporation as Agent) form shall be used by a carrier to give authority to an agent to publish and file tariffs, including supplements or loose-leaf pages thereto, in which such carrier participates.

b)         Powers of attorney, if executed without modification, confer unlimited authority to publish local rates for the carrier issuing the power of attorney and to publish joint rates for such carrier and such other carriers as shall have issued the necessary authority.

c)         If it is desired to limit the authority granted to the agent, the form may be modified by adding at the end of the first paragraph the statement as follows, and by stating thereafter the extent of the authority granted:

This authority is restricted to the filing of the publications or types of publications set forth below and to the extent shown.

d)         Any limitation must be a general one and be specifically expressed in the instrument and must not depend on actions, circumstances, or managerial decisions not embodied therein or determinable therefrom and must not depend on future instructions or approvals.  Limitations, if any, must be expressed in the instrument in such a manner that not only is it clear what authority the agent will have but also what authority the agent will not have if certain authority is withheld.  For example, the instrument may limit the authority of an agent to publication of rates from points on the carrier's lines only, to publication of rates to points on the carrier's lines only, to publication of either local or joint rates or to publication of either class or commodity rates.  The instrument may not contain limitations that are not general ones − for example, publication of specifically named rates, origins, destinations, rules, etc.

e)         If it is desired to give to an agent authority only for the publication of a classification, a classification exceptions tariff, a rules tariff, or any other special kind of tariff, the form may be modified in either of two ways.  Omit the words "freight tariffs" and substitute therefor the word or words, "classification," "classification exceptions tariffs," "rules tariffs," etc., or modify so as to authorize the publication of any or all of such tariffs, including rate tariffs.

1)         If it is desired to limit the authority granted to publication of a particular tariff or tariffs, this may be done by giving a sufficiently accurate description of the title page of each tariff to identify it and by showing the ILLCC designation if known.

2)         If it is intended that the authority granted shall include reissues of specifically named tariffs, that fact should be made clear by adding in the appropriate location "and successive issues thereof."