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(a) Except in cases of emergency, deliver mail to carriers before scheduled departure time without permission from the postal service officer or the director, transportation division. When earlier delivery of mail to a carrier would be advantageous to the carrier, patrons on the route, or the mailing public, the postmaster may recommend to the postal service officer or the director, transportation division, that the carrier be permitted to leave before scheduled time. Star route carriers and dispatch clerks will conform to the closing times listed in post offices.

(b) Permit mail to be taken from the post office to be kept in a private home overnight.

[Subdivision (ii) amended, 28 F.R. €451, June 22, 1963]

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(7) For providing carriers. * ** (iii) Oaths. [Deleted, 28 F.R. 6451, June 2, 1963]

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(8) For identifying equipment. (ii) Vehicles that are painted red, white, and blue must have inscribed on both tractor or truck cab side doors in block letters at least 1 inch high, U.S. Mail Contractor. Trailers, so painted, must also bear the same inscription in block letters at least 2 inches high on the front of the trailer, sufficiently high to be visible above the tractor unit. [Subdivision (ii) amended, 28 F.R. 6451, June 22, 1963]

(f) Renewals, extensions, and changes without advertising. *

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(3) Changes in service. (i) The director transportation division may at any time issue orders extending, increasing frequency, and changing the line of travel, by allowing a pro rata increase in compensation for any increased service required. They may also issue orders curtailing, reducing frequency, discontinuing, or changing line of travel by allowing 1 month's extra pay on the amount of service eliminated, and not exceeding pro rata compensation for the service retained.

(ii) For contracts entered into prior to October 23, 1962, extensions during the contract term without the concurrence of the contractor may not exceed a net aggregate of 50 miles one way. If the contractor in such a contract agrees to a larger extension, then an extension during a contract term may be made not in excess of a net aggregate of 100 miles one way. The contractor's agreement to an extension greater than 50 miles must be evidenced in writing for contracts entered into on and after October 23, 1962. Extensions up to 100 miles one way may be unilaterally ordered provided the contract general provisions have been amended to read 100 instead of 50 miles.

(iii) Star route service may not be extended to take over a segment of a rural route unless the segment becomes detached from the rural route and it is impracticable for the rural carrier to serve such segment.

(iv) If the road usually traveled becomes impassable, the carrier must use

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The contractor and his sureties are accountable and answerable in damages for failure to protect the mail from loss, depredation, becoming wet, and other damage either from the elements or other causes.

[28 F.R. 6452, June 22, 1963]

§ 94.7 Records and reports.

(a) Records-(1) At large installations. Postmasters and heads of large installations having extensive star route operations and who are designated by the director transportation division, as reporting offices for performance of star route service, shall, when specifically directed by the director transportation division, maintain Form 5398, "Report of performance on Star Routes-Large Installations."

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5398, shall daily record in duplicate on Form 5399 "Record of Performance of Highway and Water Routes," actual departure and arrival times and all irregularities.

(b) Recurring reports—(1) Form 5398 Report of "Performance on Star Routes Large Installations. If directed to use Form 5398, postmasters and other installation heads shall prepare and submit reports as follows:

(i) Assign responsibility for preparation of Form 5398 to the tour supervisor or the postal employee responsible for supervision of the star route operations. This employee shall sign each form certifying its correctness.

(ii) Enter outbound and inbound trips on separate forms, showing all scheduled trips and any extra trips performed. Separate forms shall be prepared by the supervisor of each tour.

(iii) Prepare forms in duplicate and submit original to the director, transportation division as a certification of the service performed. Submit daily. Retain copy at installation head. If another region is concerned in the operation of a route, prepare another copy and forward to the director, transportation division of that region.

(2) Form 5399, "Record of Performance of Highway and Water Routes. Postmasters and other installation heads maintaining records of performance on Form 5399 will, immediately at the end of each accounting period, send original Form 5399, properly certified, to the director, transportation division, and retain the copy.

(3) Form 5397, star route extra trip authorization. Where the director, transportation division, must frequently authorize extra trips on a star route, he shall require the postmaster or other installation head responsible for reporting the extra trips to complete Form 5397, in accordance with instructions on the form.

[Paragraphs (a) and (b) amended, 28 F.R. 6452, June 22, 1963]

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§ 94.8 Routes under administration of postmasters.

(c) Responsibilities and duties of postmasters.

(8) Certify service performed at end of each accounting period to the director, transportation division, on Form 5399,

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(a) Mail messenger service is a local mail transportation service performed by mail messengers designated by the Post Office Department to collect, transport and transfer mail between post offices, stations, and branches and railroad terminals, steamboats, highway post offices, star routes, truck terminals, airport mail facilities, and stop points in the same or adjacent communities, including collection of mail from collection boxes when so directed by the director, transportation division. It may be used for occasional unscheduled trips of intercity mail or mail equipment transportation over longer distances. When service is principally

for scheduled inter-city transportation, use star route service. When local service is so extensive that a performance bond is needed to protect the Government's interest, use contract motor vehicle service.

(b) Mail messenger service will not be authorized to transport mail consigned between an airport and a post office at which there is Government-owned vehicle service when the distance is not more than 35 miles, if it is possible to transport the mail by Governmentowned motor vehicles.

[28 F.R. 6452, June 22, 1963]

§ 94.13 Establishing service.

(a) Authorizing service.

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(7) If a truck is needed to perform the service, the director, transportation division, shall require the messenger to provide one with fully enclosed body, waterproof, equipped with secure locking devices, such as key or combination locks, and it must be kept locked enroute between exchange points.

[Subparagraph (7) amended, 28 F.R. 6452, June 22, 1963]

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(e) Designation of messenger. The director, transportation division, shall prepare the mail messenger's notice of

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designation on Form 5489, "Notice of Designation of Mail Messenger." One copy of Form 5489 will be sent to the postmaster concerned, together with a copy of Form 5498, "Oath of Mail Messenger." Immediately on receipt of his copy, the postmaster must administer the oath and notify the designated messenger to begin service on the date specified in the notice. At the same time, he must inform the retiring messenger of the date he is to be released.

(f) Form 5498 is required of all designated regular and temporary mail messengers. Immediately on their acceptance of the position, the postmaster shall forward the completed Form 5498 to the director, transportation division. Postmaster shall not stock Form 5498. [Paragraphs (e) and (f) amended, 28 F.R. 6452, June 22, 1963]

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§ 94.14 Operation.

(b) Instructions to messengers.

(3) Where payment for service is on a trip basis, the postmaster should notify the mail messenger in advance when flights are canceled making service to the airport or heliport unnecessary. The mail messenger must make provision for receipt of notifications by telephone or other direct means of communication. When so notified payment for the trip will not be made.

[Subparagraph (3) added, 27 FR. 4836, May 23, 1962]

§ 94.17 Payments.

(a) Certification. *

(3) Where payment for mail messenger service is made on a trip basis to airports and heliports, and the messenger is not officially notified in advance of cancellation of a flight, and he reports at the post office to perform the trip, the postmaster or installation head shall include the scheduled trip in his certification on Form 2640. The postmaster, or installation head shall report by memorandum to the director, transportation division, each trip certified for payment under this section. (See § 94.14(b) (3).) [Subparagraph (3) added, 27 F.R. 4837, May 23, 1962]

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submitted by the contractor to the director, transportation division, 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 5429 "Certification of Exceptional Contract Service Performed," to the regional controller.

CODIFICATION: In § 94.27, paragraph (d) (6) (iii) was deleted and paragraph (g) (2) was amended, 28 F.R. 6453, June 22, 1963. § 94.29 Records and reports.

See 94.7. In lieu of Form 5399 "Record of Performance of Highway and Water Routes" postmasters and other designated installation heads may be required by the director, transportation division, to submit reports on Form 2227 "Water Route Mail Bill.” (See instructions on the form.)

[28 F.R. 6453, June 22, 1963] Subpart E-Contract Motor Vehicle Service

§ 94.35 Establishment.

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services performed by foreign flag vessels and all maritime service of U.S. flag vessels.

In addition to the maritime transportation rates shown in column (1) above, the Post Office Department will either pay steamships of United States registry directly for costs incurred by them or assume the responsibility for cartage from postal facility to pier.

(b) Special rates: This section shall not prevent a carrier from accepting maritime transportation rates lower than those shown in paragraph (a) of this section.

(c) The maritime transportation rates prescribed in paragraph (a) of this section while measured by the net weight of the mail, are intended in all cases to include payment for the weight of the covering mail bags. In the case of vessels of foreign registry, the maritime transportation rates prescribed in paragraph (a) of this section while measured by the net weight of the mail, also include compensation for the return of empty surface mail bags and the transportation from the postal facility to the pier. Acceptance by steamship companies of mail for transportation constitutes an acceptance of this method of computing payment.

(d) Any steamship company desiring to be relieved of the transportation of mail may make written application to the Assistant Postmaster General, Bureau of Transportation, Post Office Department, Washington 25, D.C.

(39 U.S.C. 6409) [27 F.R. 9988, Oct. 11, 1962]

Prior Amendments

1962: 27 F.R. 5398, June 7.

PART 96-AIR TRANSPORTATION NOTE: For the text of Regional Letter 63-38 of the Assistant Postmaster General, Bureau of Transportation, dated March 27, 1963, regarding Airmail Routing and Dispatch; Division of Mail, see 28 F.R. 3651, Apr. 13, 1963.

Subpart A-Domestic Air Transportation

(1)

(2)

Rates 1

Rates 2

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Sec.

Over 6,000 up to 7,000 miles.

7.5

6.5

96.1

Over 7,000 up to 8,000 miles

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Over 8,000 miles....

[Amended]

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Air carriers' responsibilities.

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