and returned on another train shall not be counted for line-haul compensation. (i) Placards-(1) Destination storage Destination storage cars shall be placarded with Form 5111-A, blue placard.

cars.

(2) Destination relay storage cars. Destination relay storage cars shall be placarded with Form 5111-B, salmon placard.

(3) Working storage cars. Working storage cars, including set-out and setin cars, shall be placarded with Form 5111, white placard, when used exclusively for mail. Mixed traffic cars shall be placarded with Form 5111-C and identified as S&R (Storage and Railroad) cars by mutual agreement between the transportation division directors and the railroads involved.

(4) Placarding of cars-(i) Transfer clerks. (a) Transfer clerks are responsible for the correct preparation of the proper placard in accordance with the classification of the car to be dispatched. The information required for completion of the face of the placard is clearly stated and particular attention must be given to the space for correct and final footage being dispatched at the time car is sealed. In addition, Destination (Blue Placard Form 5111-A) and DestinationRelay (Salmon Placard Form 5111-B) must carry a notation on reverse side showing the height of the load in the car. Unnecessary and unrelated information should not be entered on the face of the placard.

(b) It is the responsibility of the transfer clerks to placard properly all exclusive mail cars originating at their stations. Such cars shall be placarded on both sides with the proper placard in accordance with the classification of the cars as determined by subparagraphs (1) through (3) of this paragraph.

(c) Transfer clerks shall properly record information on the placards of cars relayed through their stations. Placards shall not be replaced at relay points except in accordance with subdivision (iv) of this subparagraph.

(d) Transfer clerks shall place placard Form 5111 on "set out" cars operating as working cars and originating at their stations.

(e) Transfer clerks, at destination or relay points, must check the height of the load and when there is a variation of twelve inches or more, must record the variation on the reverse side of the placard. At final destination, placards

showing such variations must be forwarded to the director, transportation division, in the receiving region for appropriate attention. Transfer clerks at final destination are responsible for removing all mail placards from all cars that are completely unloaded at their stations.

(ii) Plant loaded. In most cases, destination, destination relay and working storage cars loaded at publishing plants will be placarded at the plants. The director, transportation division, will furnish these plants with instructions and Forms 5111, 5111-A, and 5111-B for properly placarding such cars. The director, transportation division, will check these loadings periodically to insure that cars are properly loaded and placarded.

(iii) Railroad employees. Railroad employees shall placard cars loaded at points where transfer clerks are not located. Form 5111 shall be used to placard this type of car.

(iv) Placards lost or destroyed en route. When an exclusive mail car, without a placard, arrives at a station, transfer clerks shall open the car and determine the type and destination of the car and relay points if any. This can be determined from the loading diagram inside the car. They shall then placard the car on both sides, according to classification, noting on the back of each placard full information regarding the replacarding.

[27 F.R. 2346, Mar. 13, 1962, as amended at 28 F.R. 3346, Apr. 5, 1963; 30 F.R. 4354, Apr. 3, 1965; 30 F.R. 13540, Oct. 23, 1965]

§ 511.16 Terminal and piece handling services.

(a) Storage service-per car charges(1) Basis. The terminal charge per car is stated in an amount per 60-foot storage car. This amount is prorated when so provided in this section.

(2) Destination and destination relay cars-origin and destination. (i) The terminal charge per car for a destination storage car or a destination relay storage car shall be stated in an amount per 60-foot car for each one-way trip and shall be applied at point of origin for the loading and at the point of destination for the unloading. Payment of the per car charge shall be made to the origin railroad and to the destination railroad. Where the car originates at a joint terminal, the per car charge shall be paid to the railroad performing the

immediately subsequent line-haul service. Where the car terminates at a joint terminal, the per car charge shall be paid to the railroad performing the immediately prior line-haul service. Where the car furnished and used is of lesser or greater length than 60 feet, the 60-foot per car charge shall be applied pro rata to the actual length of the car, inside measurement. (ICC)

(ii) Payment of terminal charges on oversize storage cars furnished at railroad company convenience should, by informal agreement, be based on the inside length of the car under the following formula:

(a) The inside length of the car, if the inside length of car accepted and used is less than 60 feet.

(b) The 60-foot rate, if the volume of mail loaded does not exceed 60 feet and the inside length of the car accepted and used exceeds 60 feet.

(c) The inside length of the car, if the volume of mail loaded exceeds 60 feet and the inside length of the car accepted and used exceeds 60 but not 70 feet.

(d) A 70-foot prorate, if the volume of mail loaded exceeds 60 but not 70 feet and the inside length of the car accepted and used exceeds 70 feet.

(e) The inside length of the car, if the volume of mail loaded and the inside length of the car accepted and used exceeds 70 feet.

(3) Destination relay cars-relay points. In addition to the per car charges at origin and destination, a footage prorate of the 60-foot per car charge shall be paid for mail unloaded and for mail loaded at any point between origin and destination where a destination relay storage car on which per car charges are applicable is relayed from one railroad to another railroad or from one train to another train. For this purpose, the mail unloaded and the mail loaded at such point shall be expressed in feet and payment of the footage prorate shall be made to the railroad performing the unloading and to the railroad performing the loading. Where the car is relayed at a joint terminal, payment for the unloading shall be made to the railroad performing the immediately prior linehaul service and payment for the loading shall be made to the railroad performing the immediately subsequent line-haul service. (ICC)

(4) Other storage car service-(1) Volume. At each point where the vol

ume of mail loaded in a train for transportation in storage service, excluding that loaded in destination storage cars and destination relay storage cars, exceeds 30 feet, a footage prorate of the 60foot per car terminal charge shall be paid based on the volume of such mail loaded in the train. The footage prorate shall be applied at the point of loading for both loading and unloading, and payment shall be made to the loading railroad only. Where the mail is loaded at a joint terminal, the footage prorate shall be paid to the railroad performing the immediately subsequent line-haul service. (ICC)

NOTE: See paragraph (c) (2) of this section for movements involving carriers with different rates.

(ii) Determining volume. All mail loaded into working cars will be loaded by count and so recorded. When the mail loaded into a working car at a point exceeds 520 pieces by actual count, the total count of pieces will be recorded on appropriate records, and converted to the equated footage, which will also be recorded. In no case will the equated footage exceed the inside length of the car or the space available for mail in a combination or mixed traffic car. Terminal charges will be determined by applying the appropriate per car charge pro rata to the equated footage loaded at such point.

(5) Mail left in car at destination. When a storage car is received at the final destination point of its placarded run, and mail for a particular point beyond the destination is contained in the car and the car is not fully unloaded, but by mutual agreement between the railroad and director, transportation division, the mail is left in the car, the car is filled out and transferred to another train, the railroad company is entitled to a prorate of the car terminal charge on the basis of mail actually unloaded at the point. For destination and destination relay cars this prorate will be computed as the allowable inside length of the car minus the footage of mail left in the car. The loading railroad is entitled to a loading charge only on the basis of mail actually loaded at that point.

(b) Storage service-per piece charges(1) Definition. The terminal charge per piece shall be applied to all sacks and parcels carried outside of sacks, referred to as outside parcels, loaded in a train

for transportation in storage service at points where the volume of mail so loaded does not exceed 30 feet, excluding that loaded in destination storage cars and in destination relay storage cars. (ICC)

(2) Services covered. The charge shall include compensation for both loading and unloading of the sacks and outside parcels to which it is applied. In applying the charge each sack or outside parcel shall be counted as one piece of mail. (ICC)

(3) Payment. The terminal charge per piece shall be paid to the railroad performing the loading or, in cases where the loading is performed at a joint terminal, to the railroad performing the immediately subsequent line-haul service. (ICC)

NOTE: See paragraph (c) of this section for inter-regional movements.

(4) Ascending load. Terminal charge volume shall be determined on a count basis for all mail loaded into an ascending load, where the volume loaded is 30 feet or less. At any point where the count of mail loaded exceeds an equivalent of 30 feet, payment for the terminal service at that point shall be made on the basis of the prorate of a 60-foot per car terminal charge.

(c) Interline movements of working storage cars and lesser units-(1) At same rate level. In the case of storage service, other than destination storage car and destination relay storage car service, involving movement between two or more carriers with the same rate level, the combined loading and unloading charges shall be applied at the point of loading for mail interchanged with another railroad, and payment shall be made to the loading railroad only. Where the mail is loaded at a joint terminal, payment shall be made to the railroad performing the immediately subsequent line-haul service. The unloading railroad shall look to the loading railroad for any payment adjustments due.

(2) At different rate levels. Where mail transported in storage service, other than in destination storage and destination relay storage car service, moves in a car or cars originating on a railroad which receives different terminal charges from those applicable to a railroad over which the car or cars subsequently move, the per car and per piece terminal charges shall be applied at point of loading for the loading and at point of un

loading for the unloading, and payment shall be made to the loading and to the unloading railroad for the service each performs on the basis of one-half the terminal charges prescribed for each railroad. Payment of terminal charges to the loading railroad shall be made on the basis of a prorate of the per car charge at any point where more than 30 feet of storage mail is loaded in such car or cars and on the basis of the piece rate at any point where the volume of storage mail loaded in such car or cars does not exceed 30 feet. Payment of terminal charges to the unloading railroad shall be made on the basis of a prorate of the per car charge at any point where more than 30 feet of storage mail is unloaded from such car or cars, and on the basis of the piece rate where the volume of storage mail unloaded at any point from such car or cars does not exceed 30 feet. (ICC)

(d) Exceptions_to application of terminal and piece handling charges-(1) Storage cars and lesser units. Terminal charges are not allowed for rehandling of mail when:

(i) Car out of service. A railroad orders a car out of service after mail has been loaded for onward dispatch to destination.

(ii) Interchange refused. The receiving railroad at an interchange point refuses to operate a car because of size, type or bad order and transfer of the mail to another car is required.

(iii) Mails carried by in error. Mail is carried by a station in error and returned in another train.

(2) RPO cars-(i) Postal employees on duty. The per piece charge will not apply to mail loaded into a standard or oversize RPO car or apartment while mobile clerks are on duty, except that:

(ii) Half per piece rate. One-half of the per piece charge will apply to the number of pieces loaded into an RPO car when:

(a) Loaded by railroad employees prior to the origin of clerks' run.

(b) Unloaded by railroad employees at points beyond the end of clerks' run.

(c) 30-foot apartment in lieu of 60foot RPO. When a 30-foot apartment car is operated in lieu of a 60-foot RPO car and the railroad company accepts pro rata pay based on the length of the apartment car, terminal charges shall be allowed on any mail in storage cars or units without regard for the deficiency in RPO authorization.

(3) Loading stopped. (1) When all available mail has been loaded and further retention of the car will exceed time limit or miss a dispatch of value, pay may be allowed on the full capacity of the car. Forms 5366, 5118, and car placards will be endorsed AAML.

(ii) If a railroad for any reason fails to load a storage car to its full space capacity, and mail is available for loading, pro rata pay will be allowed for the proportion of space occupied and Form 5118 and car placard will be endorsed MA 643.

(iii) Where the weight of the mail is exceptionally heavy, and a car satisfactory to the Department is furnished, full payment may be allowed for less than space capacity, but not to exceed the equated footage of the weight (see § 511.15 (d) (4)).

(4) Loading or unloading by other than employees of the railroad or its agents—(i) Definition of terms. Loading or unloading services as used in this section are defined respectively as: (a) The loading, separating, and piling of mail in the car; and (b) the unloading, separating, and delivering of mail to postal installations and transportation media in accordance with § 511.13(b).

(ii) At mailers' plants or postal facilities (a) Terminal charges applicable at origin and destination. When loading or unloading is performed by other than employees of a railroad or its agent, per car or per piece origin (loading) and destination (unloading) charges shall not be paid for mail so loaded or unloaded, respectively. The symbol "PL” (plant loaded) or "POL" (post office loaded) whichever is applicable, shall be properly entered on Form 5118 and the placard of cars in the categories of destination and destination relay storage cars. (See paragraph (c) (2) of this section for cars moving at different rates.)

(b) Terminal charges applicable at origin to both loading and unloading. When loading is performed by other than employees of a railroad or its agent, a charge shall be withheld from the compensation due the originating railroad on the basis of one-half the per piece or per car terminal charge, depending on the volume of mail loaded. The originating railroad shall make proper interline settlement for the unloading portion of the charge. When unloading is performed by other than employees of a railroad or its agent, a

charge shall be deducted from the account of the delivering railroad on the basis of one-half of the per piece or per car terminal charge depending on the volume of mail unloaded.

(iii) By star route and mail messenger contractors. (a) When all mail at a point is loaded by a contractor, terminal charges shall be credited in the same manner as for plant loaded storage cars and lesser storage units.

(b) When only a portion of the mail is loaded by a contractor and the remainder by railroad employees, the full terminal charge will be credited to the railroad company for all mail loaded.

(iv) By mobile clerks in storage cars at intermediate points. When storage mail is transferred between storage cars and RPO cars, or loaded in or unloaded from storage cars at intermediate points by mobile clerks, the full terminal charge will be allowable on mail so transferred or handled in accordance with § 511.14(g).

[27 F.R. 2350, Mar. 13, 1962, as amended at 27 F.R. 4556, May 12, 1962; 28 F.R. 3346, Apr. 5, 1963; 30 F.R. 4355, Apr. 3, 1965]

(a) Cross reference. This section amplified the regulations in § 511.13(d) (3).

(b) Route measurement. In all cases the distance between the railroad station or terminal and postal unit must be measured by the shortest route open to public travel, avoiding angles, from the nearest door of the baggage room to the nearest door of the postal unit involved. Where there is no baggage room or station, the measurement must be made from the middle of the station platform. The route need not be a regularly used public way, and, if over private property, no prohibition against the Government shall hold that has not also been made and enforced against the public.

(1) Railroad employees handling mail. See § 511.13(h).

(2) Discontinuance notice. A railroad must give 30 days' notice to the Department of the discontinuance of any agency handling mail or the removal of a station beyond the 440-yard limit. railroad must not be relieved of the duty of handling mail unless this advance notice is given.

A

(3) Department service. The Department will provide for the transportation of mail to and from postal units located

(i) more than 440 yards from the nearest railroad station or terminal and (ii) 440 yards or less from the nearest railroad station or terminal where a representative of the railroad is not on duty.

(4) Time of service. The Department reserves the right to require the performance of such service by a railroad representative at any time during the 24-hour period.

(c) Railroad compensation. Where railroads are required by the Post Office Department to perform side, terminal or transfer service, they shall be separately compensated for such service, unless the service is performed in or directly contiguous to railway terminals or depots. The amount to be paid therefor shall be measured by the amount paid by the railroad to contractors, plus 3 percent; and where the service is performed by agents or employees of the railroad the payment shall be for the value of the pro rata time of such railway agents or employees while engaged in rendering the service, including cost of vehicular service that may be necessary, with the addition of 3 percent. In computing the value of the pro rata time of such agents or employees there shall be included base pay; 3 percent of base pay representing vacation allowance; and the applicable railroad retirement and unemployment insurance taxes at the rate in effect when the service is rendered. Railroad retirement and unemployment insurance taxes shall be excluded in computing the additional 3 percent. (ICC)

(d) Railroad contracts. Where railroads contract for such service, contracts shall be let to the lowest responsible bidder upon advertisement. Readjustment for such service shall be made annually. Railroads shall submit certified copies of each contract to the Department on or before July 1 of each year showing the rate of payment for the ensuing year, and the amounts specified in such contracts, plus 3 percent, shall be accepted as the basis of payment by the Department heretofore described. Railroads shall also furnish the Department each year, on or before July 1, a detailed statement of the daily time consumed in handling the mail by their agents or employees at each point where side, terminal, or transfer service is performed, which statement shall be verified by a responsible official of each railroad conversant with the facts, and such verified statement shall com

pute the pro rata payment of the agent or employee performing the service, based on the time actually consumed, and the amounts named in the statement plus 3 percent shall constitute the basis of payment for the next ensuing year, unless in special cases, for good cause, the Department may require further statements and verifications from any particular railroad at other periods of the year. (ICC)

(e) Non-rail mail—(1) Definition and service requirements—(i) Handling nonrail mail. Non-rail mail is received and handled at railroad stations, mail facilities, or terminals which had not received an immediately prior, or is not due an immediately subsequent movement by rail. Mail in this category is ordinarily transported via vehicle service and handled at postal facilities by postal employees.

(ii) Service requirements. Railroads are not required to handle non-rail mail under present service requirements unless such handling is covered by special service agreements.

(2) Non-rail mail handling agreements (1) Description. Non-rail mail handling agreements may be entered into with railroads or a terminal company acting as the agent for railroads operating in a railroad terminal. Such agreement shall provide for the manpower, necessary space and equipment for the receipt, separation, transfer and exchange of non-rail mail at the designated railroad facility.

(ii) Initial survey. The director, transportation division, shall, when conditions warrant, initiate a survey to determine the feasibility of negotiating an agreement for the handling of the non-rail mail in lieu of handling by postal employees at postal facilities.

(iii) Mail count. When apparent that non-rail mail may be handled more economically under an agreement, a mail count shall be conducted for a period of at least 14 days to determine a representative average volume of mail involved. In all cases, the prospective contractor should be given an opportunity to become a participant in such tests.

(iv) Discuss proposed agreement. All pertinent phases of the proposed agreement, including a reasonable rate of compensation, service requirements, effective date and provisions for compen