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(a) Applicability. These rules and regulations apply to United States air carriers and foreign air carriers engaging in overseas or international air transportation of mail on FAM numbered routes assigned by the Post Office Department to the extent noted herein, and they supplement the provisions of the convention of the Universal Postal Union.

(b) Definitions (as used in Part 542)(1) Air Carrier (also called Americanflag carrier). Any citizen or company of the United States authorized by the Civil Aeronautics Board to engage in overseas or international air transportation.

(2) Foreign air carrier (also called foreign flag carrier). Any individual or company not of the United States authorized by the Civil Aeronautics Board to engage in international air transportation.

(3) Carrier. Both air carrier and foreign air carrier.

(4) Overseas air transportation. The transportation of mail by aircraft between a place in any State of the United States and any place in a Territory or possession of the United States; or between a place in a Territory or possession of the United States and a place in any other Territory or possession of the United States.

(5) International air transportation. The transportation of mail by aircraft between a place in any State, Territory, or possession of the United States and any place wholly outside thereof.

(6) Mail. United States origin and international transit mail.

(c) Authority to engage in air transportation of mail—(1) American-flag air carriers. Air carriers shall not engage in air transportation of mail unless a

certificate has been issued by the Civil Aeronautics Board authorizing them to do so. Each such certificate states the terminal points and intermediate points, if any, between which the air carrier is authorized to engage in air transportation.

(2) Foreign-flag air carriers. Foreign air carriers shall not engage in air transportation of mail from U.S. soil without a permit issued by the Civil Aeronautics Board authorizing such transportation:

(d) Policy for dispatch of mail—(1) Policy for dispatch of airmail. (1) U.S. air carriers will have first priority to traffic whenever practicable.

(ii) Airmail will be dispatched by the most expeditious service to the airport of destination.

(iii) Airmail for competitive points will be divided equally between competitive flights of U.S. air carriers as nearly as practicable if such flights are scheduled to arrive at the airport of destination within 1 hour of each other. When one carrier operates multiple competitive flights scheduled to arrive at an airport within 1 hour of a competitive flight or flights of another carrier, the airmail will be divided equally between air carriers rather than between flights. For each application of the principles the time period of 1 hour will start with the first scheduled arrival of a flight or flights not included in an earlier division. A divided share of airmail will not be subject to further division.

(iv) The use of a flight or flights may be suspended in the event of cancellation, unduly delayed departure, frequent failure of schedule performance, abnormal mail backlog, or other unusual or unanticipated conditions which would otherwise delay the dispatch of airmail or impair the service to be accorded the mail.

(v) No division will be made when less than 100 kilograms of airmail are available for dispatch. When less than 100 kilograms are available regularly, each of the competing carriers will be given all the airmail available on alternate weeks, but no attempt will be made to balance cumulative total volumes.

(vi) No division will be made when flights depart from or arrive at different airports.

(vii) For division purposes, destination airmail is defined as all airmail for the destination airport city; all airmail to be off-loaded at the destination airport which is subject to onward move

ment by the foreign postal administration having jurisdiction, or by U.S. military postal authorities; and all airmail for interline transfer at that point. Airmail which is transferred on-line at a foreign airport will not be included in the division of mail for that point.

(viii) All airmail, both civil and military, subject to division will be included in the weight totals, regardless of type of mail (LC, AO, and CP), and will be allocated between competing carriers to maintain approximately the same spaceweight ratio, as far as practicable.

(ix) Airmail (civil and military) will be given preference of dispatch over all other categories of mail. If the airmail load must be reduced, letter mail and the military air registers will be the last to be removed or refused.

(x) When a flight serves both competitive and noncompetitive points, priority will be given for all the noncompetitive points, loading first the furthermost point, then the next one back in distance (or service) sequence, and so forth. After all mail for the noncompetitive points has been accommodated, the remaining available space will be utilized for mail to competitive points commencing again with the most distant point being loaded first.

(xi) Dispatches of civilian mail should not be split. Single dispatches of mail to a competitive point shall not be divided by weight between competing flights serving such point.

(2) Dispatch and division. (1) MOM may not be dispatched on an aircraft unless the air carrier has first provided fully for the needs of the postal service for the transportation of airmail and air parcel post on that aircraft, and (in the case of a service offering passenger transportation) has also first provided fully for the passenger requirements on that fight.

(ii) MOM shall be dispatched by the most expeditious service to the airport of destination to the extent that space is available on a flight under the conditions set forth in subdivision (i) of this subparagraph.

(iii) MOM for competitive points shall be divided equally between competitive flights as nearly as practicable if such flights are scheduled to arrive at the airport of destination within 2 hours of each other. When one carrier operates multiple competitive flights scheduled to arrive at an airport within 2 hours of a

competitive flight or flights of another carrier, the MOM shall be divided equally between air carriers rather than between flights. For each application of these principles the time period of 2 hours shall begin with the first scheduled arrival of a flight or flights not included in an earlier division, whether or not such flight or flights actually carry any MOM. A divided share of military ordinary mail will not be subject to further division.

(iv) MOM will be divided on a weight basis which, to the extent practicable, reflects an equitable division of types of such mail having different space requirements.

(v) The use of a flight or flights may be suspended in the event of cancellation, unduly delayed departure, frequent failure of schedule performance, abnormal mail backlog, or other unusual or unanticipated condition which would otherwise delay the dispatch of MOM or impair the service to be accorded such mail.

(3) Policy for dispatch of military space available mail (SAM/PAL). (1) Military SAM/PAL mail will be transported via U.S. carriers only, unless special arrangements have been made otherwise, on a space available basis after all other revenue traffic has been accommodated.

(ii) SAM/PAL to competitive points will be tendered on an equitable basis insofar as practicable with regard to available space.

(e) Rules and regulations. The Department will make such rules and regulations as may be necessary for the safe and expeditious transportation of airmail by aircraft. The Assistant Postmaster General, Bureau of Transportation will establish the policy for transportation of mail and for exchange of airmail between postal employees and carriers.

(f) Agreements. The Department may enter into agreements with postal administrations of other countries with respect to airmail transportation. The Department may also make arrangements with foreign air carriers for the transportation of mail if they have been issued permits by the Civil Aeronautics Board.

(g) Transportation of foreign mail. Air carriers transporting mail of other countries are subject to control and regulation of the United States.

(39 U.S.C. 6301, 6304) [31 F.R. 15478, Dec. 8, 1966, as amended at 34 F.R. 6190, Apr. 5, 1969]

§ 542.2 Carrier operations.

(a) Filing of schedules. Carriers authorized to engage in air transportation shall transport mail only after filing their schedules of operations with the Department. The Department will designate the flights required for the transportation of mail and inform the carriers accordingly. No carrier shall transport mail in accordance with any schedule other than one designated or ordered to be established by the Department for the transportation of mail.

(b) Schedule revisions. Changes to existing schedules must be filed with the Department not less than 10 days before their effective dates.

Three copies

should be filed with the Director, International Service Division, Bureau of Transportation, Post Office Department, Washington, D.C. 20260, one with the director, transportation division, in each region concerned, and three with the claim for the mail transportation.

(c) Flight movement. Carriers should operate designated flights as nearly as practicable at the times indicated in published schedules. Whenever earlier or later departures are required, sufficient advance notice should be given the local postal representatives in order that appropriate adjustments may be made in the dispatch schedules.

(d) Extra sections. Extra sections of a designated scheduled flight may be used for the transportation of mail.

(e) Emergency flights. Emergency flights operated by a carrier may be used for the transportation of mail. However, carriers should not accept mail for any country served by the emergency flight if they are not authorized to serve that country regularly.

(f) Omission of service. If a scheduled stop is to be omitted on a designated flight, the carrier must immediately notify the local postal representatives concerned. If the service is to be suspended for 1 week or more, the carrier must notify the Director, International Service Division, Bureau of Transportation, Post Office Department, Washington, D.C. 20260, and the local postal representative at the point involved. The same officials should be notified when the service is resumed.

(g) Canceled flights. When a flight is canceled at the initial terminal or any point en route, the carrier should promptly notify the local postal representatives concerned.

(h) Delayed departures. If a flight is delayed after accepting mail and the delay is estimated to be 1 hour or less beyond the scheduled departure, the mail will be retained aboard the flight. If the flight is delayed over 1 hour, the dispatching postal unit should be informed of the delay and the probable time of departure. In such cases, the postal representative will determine whether the mail should be returned to the postal unit.

(i) Accidents. Carriers will immediately inform the Director, International Service Division, Bureau of Transportation, Post Office Department, Washington, D.C. 20260, of any accident resulting in possible damage to or loss of United States mail. When an accident occurs in the United States, the director, transportation division, in the region concerned should also be notified. Accidents occurring outside the United States must be reported to the postal administration of the country to which the carrier belongs and to the postal administration of the country in which the accident occurs. (See 542.4.)

(39 U.S.C. 6301, 6304) [31 F.R. 15478, Dec. 8, 1966, as amended at 34 FR. 6191, Apr. 5, 1969]

§ 542.3

Transportation of mail.

(a) Tender of mail. When authorized to transport mail, carriers shall provide necessary and adequate facilities and service for its transportation and will be held strictly accountable for the proper care of mail and postal equipment while in their custody.

(b) Priority of mail and estimates(1) Estimates. Estimates are for planning purposes to assist the Postal Service as well as the air carrier to fully realize maximum payload on each flight. Postal units will give air carriers advance estimate of the mail anticipated for each flight. The time of advance estimate will depend upon local agreements between the air carriers and the exchange offices. Air carriers must accommodate the "normal load" on each passenger flight, and give priority to any excess mail over unconfirmed passengers and their baggage at the time they were advised there would be an excess. See § 531.32 of this chapter for computation of normal load.

(2) Priority. Air carriers are required to give the following priority to airmail: (i) The normal mail load for each trip must be given priority over all other traf

fic on each trip designated for the transportation of mail.

(ii) The normal mail load will be determined on the basis of the mail tendered to that trip on the same day of the week for the 5 previous weeks. When computing the average, exclude mail tendered under abnormal conditions.

(iii) Mail in excess of normal mail load must be given priority over all other traffic except confirmed revenue passengers and their baggage. Mail aboard a plane must not be removed to accommodate local boarding passengers or extra fuel.

(iv) On cargo aircraft, all airmail offered must be given priority over any other traffic.

(v) In the event of refusal or removal priority as outlined in subparagraph (4) of this paragraph will prevail.

(3) Backlog. Carriers will be expected to provide sufficient lift to accommodate any backlog of mail which has accumulated due to irregular operations or cancellations.

(4) Removal or refusal. (i) When it is necessary to reduce the load of an aircraft due to weather or other emergency reasons, the following order or removal shall prevail:

(a) Military space available mail (SAM/PAL).

(b) Air express and airfreight and also diplomatic pouches moved as air cargo and "not" as first-class mail.

(c) MOM.

(d) Airmail (civil LC/AO/CP and military).

(e) LC mail after removal of all other traffic except revenue passengers with space confirmed prior to knowledge that the load must be reduced.

(ii) Air carriers must comply with the provisions of subdivisions (i), (ii), (iii), and (iv) of subparagraph (2) of this paragraph and any failure to do so will constitute a refusal.

(iii) Postal personnel will report, in detail, on Form 2759 all instances of refusals and removals. Form 2760 will be obtained as soon as possible from the carriers in all instances of refusal or removal.

(iv) Refusal or mail by a carrier may result in diversion of the mail to another carrier and/or the imposition of a fine.

(5) Nonpriority mail. Normally MOM moves on the same priority as air cargo, that is, on a first-in, first-out basis. Carriers accepting MOM do so with the un

is

derstanding that transportation assured to the destination indicated on the AV-7.

(c) Delivery of mail to carriers

(1) Documentation. (i) The postal unit dispatching civil mail must prepare the AV-7s listing the origin, destination, dispatch number and weight in the proper columns. One set AV-7s must be prepared to cover the mail for each stop point on the flight. The heading of each AV-7 will indicate the stop point, using the appropriate three letter code, on the first line, and the second line will show the carrier and flight number as well as the additional routing information when transfers are involved.

(ii) Military airmail and MOM must be documented on separate AV-7s designed for each category. Military space available mail (SAM/PAL) will be documented on MOM AV-7s endorsed "SAM" centered on the two top lines of the form. The notation “Military Ordinary Mail” just above the body of the form, will be deleted when the MOM AV-7 is used to document "SAM" mail. Military nonregistered mail will be bulk billed on appropriate AV-7s, whereas military registered mail will be documented individually on appropriate separate AV-7s.

(iii) FCM mail destined for Mexico will be documented on Civil AV-7s endorsed "FCM" centered on the two top lines of the form.

(iv) A set of AV-7s normally consists of seven copies and five copies are tendered to the carrier with the relative mail. One copy is maintained in the local files and the other copy forwarded to the appropriate processing unit. (See Transportation Handbook, Series T-1).

(v) Special instructions are issued governing those situations where additional copies of AV-7s are required in excess of the normal set of seven.

(2) Verification by carriers. The carriers shall verify all mail tendered for transportation against the entries appearing on the AV-7s. If an irregularity in the condition of the mail is observed at the time of acceptance, it should be brought to the attention of the postal unit before signing the AV-7s.

(d) Delivery of mail to carriers on delayed flights and extra sections—(1) Delayed flights. After flight documents have been completed for scheduled departure and a delay occurs, additional mail should not be accepted by carriers unless it can be done without detriment and cause no further delay in departure

of the flight. Additional mail will be tendered if space is available and it will not cause removal of passengers or cargo already manifested on the aircraft documents.

(2) Extra sections. Mail may be conveyed on extra sections of a designated flight. Mail carried on extra sections shall be considered as having been conveyed on the regular scheduled flight for purposes of arriving at the base weight for the flight.

(e) Transfer between flights. Each carrier must transfer mail between its own flights and flights of other carriers whenever the transfer is shown on the AV-7s. It must transfer mail at points in the United States, its territories or possessions with domestic air carriers as directed by the Department.

(f) Retaining mail in other countries. In other countries, air carriers may retain custody of U.S. civilian mail aboard a flight when the departure is delayed up to 12 hours. On delays over 12 hours, or upon cancellation, civilian mail must be delivered to the local post office for disposition. The original documents, properly endorsed, must accompany the mail. Military airmail must be held in the custody of the air carrier while the air carrier contacts the nearest U.S. military postal unit for disposition. Under

no circumstances should military airmail be turned over to a foreign post office or to a foreign air carrier without written permission.

(g) Delivery of mail by carriers to postal representatives

(1) Prompt delivery. Upon arrival of a flight, the carrier must unload the mail and make delivery as soon as possible to the authorized postal representative at such point as may be designated. The postal representatives must promptly verify that all mail manifested on the AV-7s is received.

(2) 4V-7s. One copy of each set of AV-7s and additional copies which are required for receipt to the carrier must be delivered with the mail. Any irregularities must be noted on all copies of the AV-7.

(3) Without AV-7s. Air carriers are required to deliver mail and related AV7s to areas designated by the respective regions. In the event that an air carrier does not deliver the original documents relating to the inbound international mail, the following procedures will be observed by all postal units:

(1) The receiving postal unit will make a phone call to the predesignated office of the air carrier advising that international mail had been delivered without the necessary documents.

(1) A responsible air carrier representative will be permitted 20 minutes to arrive at the receiving point to prepare the documents in detail. Total number of pieces only need be shown on duplicate AV-7s covering nonregistered military mail. However, registered military mail and civil airmail must be descriptively listed.

(iii) A Form 2759 will be prepared by the postal unit to cite the missing AV-7 irregularity with a notation that air carrier representative had arrived at the receiving point in the prescribed time.

(iv) The air carrier will then proceed to locate and deliver the missing original Forms AV-7.

(v) If the air carrier representative fails to arrive at the postal unit in the allowed 20 minutes, the receiving clerk will prepare the documents noting

thereon that the air carrier had not complied with the Post Office Department requirement. A Form 2759 will be prepared to show flight date, time and other heading information as well as:

(a) Total pieces and weight received.

(b) Information that air carriers representative had not prepared the documents for mail received.

(c) An irregularity report will be prepared for "Missing AV-7," "failure to cooperate," and "late delivery" (when time elapsed from "block time" to the time forms have been completed exceeds the allowable delivery time).

In the Departmental review, consideration will be given to a substantial fine when the air carrier has not demonstrated a willingness to cooperate. Hopefully, the air carriers should develop methods to insure delivery of mail and original documents simultaneously and to eliminate the costly procedures of reporting and preparing duplicate documents. The preceding will also apply to foreign flag carriers except that such carriers are not subject to penalties or fines. However, the irregularity reports will be summarized by the Department and brought to the attention of the offending air carrier home office or Postal Administration.

(4) No documents in other countries. Carriers delivering mail to other postal installations without AV-7s will obtain

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