(iv) At transfer point. International mail moving on equalization agreements will be delivered to the international carrier by the participating carrier of such an agreement, whether or not the intended connecting flight can be connected. The international carrier will request disposition instructions from the POD dispatching unit for mail which cannot connect the intended flight. If the postal unit at the transfer point requests the international carrier to turn in the mail, all AV-7s and related mail will be delivered to that unit by the international carrier. The postal unit will verify the mail received against the related AV-7 and give the international carrier a receipted copy. One copy of the receipted AV-7 properly noted will be retained and the balanced as in subdivision (li)(b) of this subparagraph will be sent immediately to the office of origin.

(7) Irregular or unscheduled inbound flights. Observe the following for irregular or unscheduled inbound flights:

(i) At exchange offices. When mail is received from an unscheduled flight, follow the procedures outlined in this chapter in processing the mail. Examine all seals received and dispatch the foreign transit seals by the first available service. The dispatches labeled to domestic exchange offices, other than the receiving office, should be forwarded intact by the most expeditious means available. Those dispatches forwarded intact should have the labels endorse to show the initials of the carrier, flight, date of receipt, and the airline city code where actually received, such as, AF 070; July 4, 1962; DIA. The AV-7s are retained for preparing accounting reports on Form 2998. Weight of International Airmail Received.

Carriers

(ii) At nonexchange offices. making irregular landings may retain mail for 6 hours if holding for weather clearance before proceeding to the terminal point. If the flight cannot proceed, and the mail is delivered to the local postal unit, secure the following information.

1. Name of Carrier: TWA.

2. Flight Number: 971.

3. Date and Origin of Flight: July 4, 1962, FRA.

4. Date and City of Arrival: July 4, 1962, BDL.

5. Reason for Landing: WX (weather), Mech (Mechanical).

Verify the particulars of all dispatches with the AV-7s and make such corrections as may be appropriate. Postmark and receipt all copies of the AV-7s. Retain a clear copy of the AV-7s and return the remaining copies to the carrier. Forward the dispatches to the intended exchange office of address while sending the postal copy of the AV-7 to the postal unit at the terminating point of the flight.

(h) Irregularities-(1) Labels lost in transit. When a dispatch has lost its label in transit, the carrier may transport the dispatch to its off-loading point if it can be identified from the mail documents. Otherwise, the dispatch should be delivered to a postal unit for identification and relabeling. Receipt should

be obtained by the carrier from the accepting postal unit.

When

(2) Damaged mail dispatches. mail is discovered in a damaged condition, it should be off-loaded at the first stop or at the destination of the dispatch whichever occurs first. The damaged mail should be tendered to the local post office for handling and a receipt obtained therefor.

(3) Mail depredations. All sealed mail containers that have been tampered with while in a carrier's custody should be surrendered immediately to the local post office with a statement of facts for action deemed appropriate according to the laws of the country where the depredations or tampering of the mail occurred.

(i) Refusals of mail. Refusals of mail by a carrier may result in diversion of the mail to another carrier and in the imposition of fines.

(a) Deductions and fines. Carriers transporting mail will observe all applicable rules and regulations issued by the Department. The Department may impose a penalty against air carriers for failure to comply.

(b) Reporting irregularities. It is the responsibility of postal personnel at international exchanges offices to report all instances of irregularities that come to their attention. These reports should be made on Form 2759; the original and first copy of which will be sent to the director, transportation division, having jurisdiction over that unit; the second copy to the local station manager of the carrier concerned; and the third copy retained

at the office preparing the report. Reports of irregularities not chargeable to a carrier should be forwarded to the director, transportation division; with the usual copy being retained for files of the reporting unit.

(c) Types of irregularities. Following are some of the irregularities to be reported on Form 2759:

(1) Refusal and removal.

(2) Failure to notify postal authorities of cancellations and irregular operations. (Failure to cooperate.)

(3) Damage to mail and/or equipment while in custody of carrier.

(4) Nonreceipt of mail documents and nonreceipt of mail.

(5) Overcarry.

(6) Off-loaded short.

(7) Delayed delivery to postal unit.
(8) Failure to load.

(9) Other serious infractions.

(10) Unusual situations to be reported as a matter of record.

(d) Notification to the air carrier. The copy of Form 2759 sent to the air carrier serves as notice of the irregularity. It is not contemplated that there will be a letter of acceptance of responsibility by the air carrier. Failure to inform the director, transportation division, in whose region the 2759 was prepared by the 10th of the following month will be considered as an acceptance of the facts as stated in the report.

(e) Processing Form 2759. Form 2759 pertaining to international airmail irregularities by American flag carriers will be processed in the usual manner by the respective regions. After discussion of irregularities with local carrier representatives as to possible corrective action the Form 2759, with recommendations as to assessment of penalty, will be forwarded to the Director, International Service Division, Bureau of Transportation and International Services, Post Office Department, Washington, D.C. 20260. In event of refusal or removal, Form 2760 will be obtained from carrier in all instances. Forms 2760 with related Forms 2759 will be forwarded to the International Service Division for review and penalty action if necessary. Fines will be based on results of quarterly reviews when no improvement is apparent. When mail moving on equalization agreements is mishandled by either carrier of such agreement, report of irregularity and penalty, when applicable, will be against the international air carrier with whom the settlement of air transporta

tion charges is made. Forms 2759 issued against foreign flag carriers will be discussed with iocal carrier representatives. Information as to the results of these discussions and related Forms 2759 will be forwarded to the International Service Division for further action when necessary.

§ 542.5

Form 2759, Report of Irregular Handling of Airmail.

Form 2759 is used to report all irregularities in the handling of mail, including refusals by carriers.

§ 542.6 Rates of compensation.

(a) Rates for air carriers-U.S. mail. Rates of compensation due air carriers for the transportation of mail are fixed by the Civil Aeronautics Board and amounts due them are paid by the Department from appropriations for the transportation of mail by aircraft.

(b) Rates for air carriers-international mail. The Department will fix from time to time the rates of compensation that are charged other countries for the conveyance of their mail by air carriers.

(c) Rates for foreign air carriers—U.S. mail. The Department will not pay to a foreign air carrier or his national government, a rate for transporting mail between the United States and such country, higher than that paid to air carriers by other governments for transporting their mail between such countries and the United States.

§ 542.7 Payment for transportation of mail.

(a) Air carrier accounts-payment for foreign mail. All revenue received from other governments for the transportation of their mail by air carriers is for their account. Collections of amounts due from other countries may be effected from such countries direct by air carriers (with prior approval of the Department) or by the Department.

(b) Air carrier accounts-payment for U.S. Mail. Air carriers will submit their claims, prepared and supported according to instructions furnished by the Department, to the Director, Postal Data Center International Accounts Branch, Main Post Office Building, New York, N.Y. 10099.

(c) Foreign air carrier accountspayment for mail loaded in the U.S. Foreign flag air carriers authorized by their governments to collect direct from

Excess service.

545.8 545.9 Side, terminal, and transfer service. 545.10 Responsibility for safety of the mail. 545.11 Designation of stopping points for safe exchange of mail. 545.12 Use of signs "U.S. Mall" or "United States Mail."

545.13 Power for canceling machines in cars. 545.14 Failure of service.

545.15 Evidence of performance to be submitted by transportation companies. 545.16 Deductions and fines.

AUTHORITY: The provisions of this Part 545 issued under R. S. 161, as amended; 5 U.S.C. 301, 39 U.S.C. 501, 6201-6215.

SOURCE: The provisions of this Part 545 appear at 26 F.R. 11623, Dec. 6, 1961, unless otherwise noted. Redesignated at 31 F.R. 15350, Dec. 8, 1966.

§ 545.1 Service authorized only by Department.

Mail transportation service on an electric railroad shall be established only by direct order of the Post Office Department. No increase, decrease, or change in the service ordered shall be

made without first securing authority therefor from the Assistant Postmaster General, Bureau of Transportation. § 545.2 Railroad employees handling mail regarded as agents of carrier. Any person employed by an electric railroad and designated to handle the mail shall be considered an agent of the carrier. Such employees need not be sworn as Postal Mobile employees. § 545.3 Compensation for transportation of mail covers transportation of postal employees and agents.

The compensation for the transportation of mail by an electric railroad shall include the transportation of Postal Service employees who accompany and distribute the mail and postal inspectors and other duly accredited agents of the Department who are performing their duties. Such transportation shall be in cars carrying the mail or on trips designated by the Post Office Department. § 545.4 Construction,_equipment, and maintenance of RPO cars.

All railway post office cars or apartments used for the transportation of mail on an electric railroad route shall conform to the requirements stipulated by the Assistant Postmaster General, Bureau of Transportation. All such cars shall be constructed, painted, lettered, equipped, furnished, heated, lighted, and maintained by the companies performing the service, without expense to the Post Office Department.

§ 545.5 Use of and admission to RPO cars and RPO apartments.

No part of the space authorized in a railway post office car or apartment shall be used for other than mail purposes. Only authorized clerks, carriers, messengers, postal inspectors, and officers and agents of the Post Office Department shall be admitted to such cars and apartments. These persons shall be admitted only upon exhibition of their credentials. § 545.6 Regularly authorized RPO service.

Space in railway post office cars and railway post office apartments will be authorized in both directions of the authorized car run. In railway post office cars the space to be authorized will be the actual linear-foot inside measurement needed to accommodate the mail.

§ 545.7 Closed pouch service authorized monthly.

(a) The units of space to be authorized for closed pouch service shall be determined on the basis of count of pouches, sacks, and parcels.

(b) Whenever a regular authorization of closed pouch service is exceeded on more than 50 percent of the trips on any day of the week in any calendar month, the appropriate higher unit which was needed on more than 50 percent of trips on such day of the week shall be authorized on that day of the week. A regular authorization shall be reduced to the appropriate smaller unit on any day of the week on which a smaller unit would have accommodated the mail on more than 50 percent of the trips on such day of the week in any calendar month. This rule will not apply to the month of December. Changes in authorizations based upon the operation of this rule in any month (except December) shall become effective on the first day of the succeeding month.

(c) Effective January 1, 1943, 14 pieces of mail (pouches, sacks, outside pieces, or a combination of these classes) will be considered as equivalent to 30 cubic feet of space in authorizing service. This determination is based on the result of the test during the period October 12-18, 1952.

(d) Where not more than 10 pouches, sacks, and parcels are regularly carried on a car constructed and operated primarily for passenger service with no separate compartment for mail, baggage, or express, one "ten-bag" unit will be authorized. Where more than 10 and not more than 28 pieces are regularly carried, a 60-cubic-foot unit will be authorized. Where more than 28 pieces are regularly carried, the appropriate cubic-foot unit (in multiples of 30 cubic feet, based on 30 cubic feet for each 14 pieces of mail or fraction of that number) will be authorized. The space unit required to accommodate the mails at any point on a mail route will be the space authorized for the "authorized car run" in this class of service. For example: Where a 60-cubic-foot unit is necessary over part of the route, and a "10-bag" unit is sufficient over the remainder of the route on the same trip, the authorization will be issued for a 60cubic-foot unit over the authorized car run of a given trip.

(e) In baggage or express cars or in baggage and express compartments in

passenger cars, units of service may be increased or decreased at any point on the car run according to the requirements of the service. For example: A 60-cubic-foot unit (or other large unit) may be authorized over part of the car run, and a smaller unit over another part of the same run.

(f) Closed pouch space in passenger cars, in baggage and express cars, and in baggage and express compartments in passenger cars, will be authorized only between the points the mail is actually carried in either direction of the car run. Such authorization will be considered as the mileage of the "authorized car run."

(g) Space in independent cars will be authorized in both directions and paid for accordingly, unless the car or any part thereof is used by the electric railroad in the return movement. In independent car service, linear-foot space will be authorized in cars 36 feet or less in length to the extent of the full length of the car (inside measurement less any obstructions). In cars more than 36 feet in length, space will be authorized to the extent of 36 linear feet or such additional linear feet of space in the car as may be necessary to accommodate the mail. § 545.8 Excess service.

(a) When greater amounts of mail are carried than are provided for in the regular authorizations, transportation of the excess mail will be paid for as excess service. Upon approval of the Distribution and Traffic Manager, the postmaster may be authorized to employ excess service on additional trips and in independent cars. Additional service needed on an electric railroad during the Christmas holiday period each year should be employed as excess service.

(b) When a closed pouch unit is regularly authorized, the electric railroad's claim for excess mail should be based on 30 cubic feet of space (or multiple thereof) at the prevailing rate for additional mail.

(c) Where an independent car or railway post office service is regularly authorized, the excess service should be requested for a separate unit of closed pouch service. If service becomes necessary on additional trips or in additional independent cars, the postmaster or other Department representative should make requisition on the electric railroad before the service is to be performed. Railroad employees shall accept all mail

(a) When performed by an electric railroad over whose line the transportation of mail is authorized. The railroad shall accept the mail from and deliver it into each post office, mail station, or other point of exchange, when required to do so by the Post Office Department. The railroad will receive separate compensation for such service unless it is performed directly contiguous to the line.

(b) When performed by the Department. At any point where service is not required to be performed by the electric railroad, the postmaster (if of the fourth class) may be required to transfer mail over slight distances between the cars and the post office without expense to the Department. Where the post office or mail station is located a considerable distance from the point of exchange with the cars, the Department will make provision for the carriage of the mail. Where the train service and agency conditions are similar to those found in the railroad service, the applicable provisions of § 511.9 (c) of this chapter relative to the exchange of mail shall be observed.

§ 545.10 Responsibility for safety of the mail.

(a) An electric railroad authorized to perform mail transportation service shall be held responsible for the safety and security of the mail while in the custody of its employees. Where service and conditions are similar to those found in the railroad service, the applicable provisions of § 511.15(f) of this chapter, relating to responsibility for protection of mail, shall be observed.

(b) In the transportation of mail, the Department is not restricted to the use of the vestibule platform of passenger

cars. The mail should be carried in any available space where it can be safeguarded.

§ 545.11 Designation of stopping points for safe exchange of mail.

Where necessary to effect the safe exchange of mail, an electric railroad shall be required to stop its cars at the points designated by the Post Office Department.

§ 545.12 Use of signs "U.S. Mail" or "United States Mail."

Such signs shall be displayed on cars actually carrying the mail. The signs shall be painted on cars used exclusively for transportation of mail. Removable signs shall be displayed on cars only when mail is actually being transported therein.

§ 545.13 Power for canceling machines in cars.

The

The electric railroad furnishing the railway post office cars or apartments shall provide power to operate any canceling machines used therein. power shall be provided without additional expense to the Post Office Department.

§ 545.14 Failure of service.

In the event of an electric railroad's failure to provide for the transportation of mail in accordance with the Department's requirements, temporary mail service by some other mode of conveyance shall be authorized by the Assistant Postmaster General, Bureau of Transportation.

§ 545.15 Evidence of performance to be submitted by transportation companies.

An electric railroad shall submit monthly evidence of the performance of service. This evidence shall be submitted through the Postal Service on the form prescribed by the Post Office Department.

§ 545.16 Deductions and fines.

The provisions of § 511.15 of this chapter, pertaining to deductions and fines which may be imposed on railroads for service failures and delinquencies, shall also apply to electric railroads.