342.2—Establishing initial rates.
A carrier must justify an initial rate for new service by:
(a)
Filing cost, revenue, and throughput data supporting such rate as required by part 346 of this chapter; or
(b)
Filing a sworn affidavit that the rate is agreed to by at least one non-affiliated person who intends to use the service in question, provided that if a protest to the initial rate is filed, the carrier must comply with paragraph (a) of this section.