cordance with specifications in the advertisements. (ii) Contractors shall furnish post office officials, on exhibition of credentials, transportation on trips handling mail between scheduled points on the mail route. (iii) The contractor shall transport, without extra charge, all post office blanks, mail bags, lock and keys, and other postal supplies offered to him. (i) Qualifica (6) Providing carriers. tions. See § 94.3 (e) (7) (ii). (ii) Persons ineligible. (7) (iii). See 94.3(e) § 94.30 (iii) Oaths. See § 94.3 (e) (7) (iii). (e) Renewals, extensions, and changes without advertising—(1) Renewals. See § 94.3 (f) (1). (2) Extensions of contract period. See § 94.3 (f) (2). (3) Changes in service-(i) Extensions of service. Service may be increased or extended by allowing a pro rata increase in compensation, but the contractor, if he prefers, may elect to relinquish the service on timely notice. (ii) Reduction of service. Service may be curtailed or discontinued in whole or in part by allowing 1 month's extra pay on the amount of service dispensed with and not exceeding pro rata compensation for the service retained. (f) Irregularities—(1) Deductions or fines. See § 94.3(g) (1). (2) Forfeitures or contract annulment. See § 94.3(g) (2). (g) Payments—(1) § 94.3 (h) (1). (2) Pound rate contracts. Claims for payment for service performed will be submitted by the contractor to the distribution and traffic manager each accounting period, on Standard Form 1034, "Public Voucher for Purchases and Services Other Than Personal," with two copies of 1034A, "Memorandum Copy of SF 1034," supported by an itemized statement of all service performed, rates per pound, and the amount due. All items shown on the itemized statement shall be verified against Forms 2227, "Power Boat Mail Bill." Standard Form 1034 will be covered by certification of service on Form 5428, "Certification of Contract Service Performed," to the regional controller. (3) Readjustment of compensation. See Subpart F of this part. Routes under administration of postmasters. See § 94.8. Subpart E-Contract Motor Vehicle § 94.34 Description. Contract motor vehicle service is similar to mail messenger service, except that it is provided under formal contracts with bonds for specified terms. It is used for the same purposes as shown for mail messenger service. See § 94.12. § 94.35 Establishment. (a) Authorization. Transportation of mail by contract motor vehicles may be authorized in cities, under formal contract with bond. (b) Advertisements. Contract motor vehicle service is advertised the same as star routes, except that advertisements are prepared on Form 5447, "Advertisement for Mail Service (Panel Body Route). See § 94.3(c) (1). (c) Requirements for bidders. Bidders must meet the following qualifications: (1) Age. Contract motor vehicle contractors shall not be under 21 years of age, and their assistants not under 18. (2) Residence. See § 94.13 (c) (2). (3) Reliability. See § 94.13 (c) (3). (4) Dual employment. See § 94.3 (c) (2) (i) (b) and (c). (d) Bid procedures. See § 94.3(c). Form 5449, “Panel Body Service Bid and Bond", is used in submitting bids for contract motor vehicle service. (e) Oaths. See § 94.3 (d) (9). (f) Employment of assistants. Contract motor vehicle contractors must either personally supervise their contracts or employ competent supervisors who will personally supervise performance of the contracts. They may not assign or sublet their contracts without approval of the distribution and traffic manager. They may employ assistants at their own expense. Assistants so employed must meet the minimum requirements shown in paragraph (c) of this section. § 94.36 Operation. (a) Postal services provided. Contract motor vehicle contractors and their assistants must receive and dispatch mail in accordance with regulations stated for mail messengers. See § 94.14 (a). (b) Instruction for contractors. Postmasters shall instruct contract motor vehicle contractors as to service requirements in accordance with instructions contained in advertisements. (c) Changes in service. (1) Extension. The transportation requirements and procurement officer will issue orders for extension of contract motor vehicle service. (2) Reduction. Postmasters shall report promptly to the transportation requirements and procurement officer when contract motor vehicle requirements are reduced, so that a lower rate may be negotiated. (d) Irregularities—(1) Observation of service. See § 94.14(d) (1). (2) Record of § 94.14(d) (2). irregularities. See Requests for adjustment. The written request must be by the contractor or subcontractor hereafter stated as the requester. It is unlawful for a Government official to encourage such claim. The postmaster shall forward all requests to the distribution and traffic manager. [26 F.R. 12218, Dec. 21, 1961] § 94.45 Comparative cost statement and operating data. (a) Furnishing forms. When the distribution and traffic manager receives a readjustment request, either through a postmaster or directly from a requester he shall distribute Form 5478, "Comparative Cost Statement and Operating Data, Contract Services," under cover of Form 5478-A, "Transmittal Letter and Instructions for Completing Form 5478," as follows: (1) For routes under postmaster's supervision. The supervising postmaster shall be furnished four copies of Form 5478, under cover of Form 5478-A. (2) For routes not under postmaster's supervision. When the verification or comments of a postmaster are desired, the postmaster shall be furnished four copies of Form 5478, under cover of Form 5478-A: otherwise, the requester will be furnished directly with two copies of Form 5478 under cover of Form 5478-A. (b) Completing forms. (1) When the postmaster receives Forms 5478 and 5478-A, he shall deliver two Forms 5478 and the Form 5478-A to the requester. He shall retain two Forms 5478 and independently complete the postmaster section of the forms. (2) When the requester returns Form 5478, the postmaster shall review the form with him for reasonableness, accuracy, and completeness. The postmaster shall point out any obvious errors or discrepancies, and suggest correction; but shall not suggest increasing the amounts claimed. (3) The postmaster shall compare the information independently collected as instructed in subparagraph (1) of this paragraph. If substantially in agreement, he shall transcribe the information in the Postmasters' Statement to the requester's completed form and shall sign and forward the form to the distribution and traffic manager. The postmaster shall retain a copy of the form showing his comments and statements. (4) If the postmaster and the requester disagree, the postmaster shall sign one of the forms completed by him and forward it with the requester's Form 5478 to the distribution and traffic manager. (c) Highway post office readjustments. The processing of HPO readjustments will be handled directly between distribution and traffic managers and contractors or subcontractors. Form 5478 for this service need not have the Postmasters' Statement completed. 95.5 Rates for rail service across Isthmus of 95.6 Fines on steamship companies transporting mail beyond borders United States. AUTHORITY: §§ 95.1 to 95.6 issued under R.S. 161, as amended, sec. 1, 62 Stat. 777, as amended, 784, as amended; 5 U.S.C. 22, 18 U.S.C. 1698-1699, 1724, 39 U.S.C. 501, 505, 6101, 6104, 6435. SOURCE: $95.1 to 95.6 appear at 26 F.R. 11637, Dec. 6, 1961. § 95.1 Transportation and protection of mail between post offices and ships. (a) Outgoing mail. Steamship companies are to provide for the transportation and protection of all outgoing mail, including parcel post and sacks containing empty sacks, from the post office to the transporting vessel. (b) Incoming mail. All incoming mail, including letter mail, parcel post and sacks containing empty sacks, is to be placed on the piers by the steamship companies. At that point delivery of the mail is made into the custody of agents of the postal service for trucking to the post office. The mail shall be placed on the piers and delivered to the agents of the postal service before the transporting vessel makes entry or breaks bulk, such action to be regarded as compliance with the law. Mail, including letter mail, parcel post and sacks containing empty sacks, waybilled for discharge at ports other than the first port of call of the vessel in the United States, shall be discharged at the first port of call if the vessel is scheduled to remain at said first port of call for more than 24 hours. (c) Vehicles and attendants. Each vehicle used to transport mail between post offices and vessels, except the completely closed van type, shall be provided with a man to ride on the rear of the vehicle to protect the mail. The mail compartment of the completely closed van type vehicle must be locked or sealed. When open-top trucks are used the sacks shall be covered by a fire-proof and rainproof tarpaulin which must be fastened securely to the body of the truck. (d) Registered (red label) sacks. The registered sacks shall be specially protected during transfer between post offices and the transporting vessels and on board the vessels. The red label sacks shall be separately delivered to the steamship company's representative at the post office in the case of outgoing mails. Incoming red label sacks shall be segregated from the other mails on the piers by the steamship companies. § 95.2 Certificate for ship letters and payment of shipmaster. (a) Postmasters at offices where ship and steamboat letters are delivered shall obtain a certificate from the master of the ship showing: (1) Number of letters. (2) Name of ship or vessel. (3) Place from which vessel last sailed. (b) The postmaster shall pay to the master or owner of the ship or steamboat 2 cents for each letter delivered into his office which has not previously been mailed, except as provided in § 95.3. The postmaster shall obtain a receipt for such payment. $95.3 When fees on ship letters not allowed. Fees shall not be allowed for ship letters if they are: (a) Addressed to a foreign country. (b) Delivered by any of the following: (1) A passenger or sailor, other than the master. (2) The master of any vessel or any person on board any vessel which carries mail. (3) Any carrier on any mail route. (4) The master of a vessel who delivers to a postmaster letters which were carried over a post route. Fees shall not be allowed for printed matter. § 95.4 Compensation for transportation of surface mail. (a) Definite rates: Payment shall be made for the transportation of United (b) Mails dispatched from more than one port in the United States: When mail is dispatched from more than one port in the United States this section shall not prevent a carrier from accepting the lowest rate applicable from the United States to port of destination. (c) The rates prescribed in paragraph (a) of this section, while measured by the net weight of the mails alone, are intended to include payment for the transportation, at the companies' expense and without additional payment by the Post Office Department, of the covering mail bags, the return of the empty mail bags, and the truck transportation from the post offices to the piers. Acceptance by steamship com panies of mails for transportation constitutes an acceptance of this method of computing payment. § 95.5 Rates for rail service across Isthmus of Panama. Payment for the transportation by railroad across the Isthmus of Panama, for United States and foreign closed transit mail shall be $0.0525 per pound for letters and post cards and $0.007 per pound for other articles, including parcel post. § 95.6 Fines on steamship companies transporting mail beyond borders of United States. Steamship companies are responsible to the United States for the safety of the mail intrusted to them, and accountable for any loss or damage resulting to any mail by reason of failure on the part of any of their officers, agents, or employees to exercise due care in the custody, handling, or transportation thereof. In case of delinquencies, fines may be imposed or deductions made from the company's pay. 96.45 96.46 Authority, rates, and service. 96.47 Responsibility for FCM program. 96.48 Forms and procedures for dispatching and receiving FCM. 96.49 Reporting and processing FCM irregularities. 96.50 Supply of forms. AUTHORITY: §§ 96.1 to 96.50 issued under R.S. 161, as amended, sec. 405, 406, 72 Stat. 760, 763; 5 U.S.C. 22, 39 U.S.C. 501, 505, 43014305, 6301-6304, 49 U.S.C. 1375, 1376. SOURCE: §§ 96.1 to 96.50 appear at 26 F.R. 11638, Dec. 6, 1961, except as otherwise noted. Subpart A-Domestic Air Transportation § 96.1 Air carriers responsibilities. (a) For transporting mail. Air carriers are required to transport and transfer mail as ordered on dispatch documents and related coding on pouch labels. (b) For giving mail priority. Air carriers are required to give the following priority to mail: (1) From each point served, the normal mail load for each trip must be given priority of transportation over all other traffic on each trip designated for the transportation of mail. The normal mail load for each trip is determined, at the option of the air carrier, for each day of the week on (i) the basis of the mail dispatched to that trip in the same day of the week for the 5 previous weeks or (ii) basis of the weight of mail carried by the trip on Tuesday, Wednesday, Thursday, and Friday of the preceding week. When a holiday occurs on one of those days, the same day of the second previous week is to be substituted. In either method of computing the average, exclude mail dispatched under unusual conditions. When an air carrier elects to use one of the two methods of computing the average, it must continue to use the selected method on all Forms 2760, "Refusal and/or Removal of Air Mail." (2) If additional fuel is necessary for a particular trip, the air carrier must allow for its weight when booking other traffic for that trip. No part of the mail load must be displaced by the additional fuel. |