necessary to assure steamer connection, as follows:

(a) A railroad must request such authorization, if desired, from the Distribution and Traffic Manager having jurisdiction of the train involved, specifying reasons and a time limit beyond which it is impracticable to hold the train.

(b) Where requests are approved by the Distribution and Traffic Manager, any delayed mail involved must be carried without compensation on a later train to the extent of the unused space authorized on the first train. Additional pay is allowed only when the mail carried exceeds the volume which could have been accommodated in the regularly authorized space.

(iii) A mail train must not be held beyond its scheduled departure for mail originating in local postal units or offices of publication. The Postal Service must fix and enforce an ample time limit in which mail must be delivered to a railroad for dispatch.

(iv) At joint stations where mail is due for transfer from the train of one railroad to that of another, unloaded mail must be held to be in the custody of the outbound railroad which is responsible for the transfer.

(v) When it is necessary to transfer passengers, baggage, or express from one train to another, all mail must also be transferred unless the transfer is a regular connection coming within the provisions of subdivision (ii) of this subparagraph.

(3) Withholding mail from train. Regional transportation managers may withhold from dispatch catalog, circular, parcel post, and ordinary paper mail, in the order named, if necessary and advisable to prevent delay to important trains or to effect economies in transportation. Such mail must be forwarded in regular or excess space in other trains.

(4) Loading by other than railroad employees. Loading as used in this subparagraph, is defined as loading, separating and piling in the car.

(i) At plants:

(a) Destination and destination relay cars. The terminal charge (loading) will not apply to destination and destinationrelay cars when loaded by plant employees.

(b) Working storage cars and lesser storage units. When mail is loaded by plant employees, the terminal charge will

51-077-66--18

not apply for loading. The proper unloading charge shall be credited to the originating railroad on mail loaded in working storage cars and lesser storage units. The originating railroad shall make proper interline settlement for these charges.

(ii) Loading 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 terminal charge will apply to all mail loaded.

(5) Loading storage cars. (i) Storage cars shall be loaded solidly at initial point of the run as far as practicable, observing all safety regulations and leaving only such doorways or aisles as are needed en route to handle mail.

(ii) Where for any reason a railroad fails to load a storage car to its space capacity, and mail is available for loading, pro rata pay will be allowed on the basis of the space capacity load. However, 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 load.

(iii) Where a storage space unit is carried in an oversize RPO car, the mail shall be handled within the car by postal transportation employees.

(6) Pouch list changes.

Distribution

and Traffic Managers of the Post Office Department shall promptly notify the proper official of a railroad of any changes in the list of pouches to be handled by the railroad.

(b) Nonstop station service. (1) Railroads are required to construct, light, and maintain mail cranes and other adequate facilities for the exchange of mail at points or stations on the run where the train does not stop and exchange of mail is necessary. Until such facilities are erected, the train's speed must be reduced to permit safe exchange.

(2) When mail is caught or delivered at night, a railroad must furnish the lantern or light to be attached to the crane and keep it in proper condition, regularly placed, and lighted.

(3) The engineer of an RPO train shall give timely notice, by whistle or other signal, of its approach to the non

stop point where mail is delivered or taken from a crane, or both.

(4) Where the Department deems it necessary to the safe exchange of the mail, the railroad is required to reduce the speed or stop the train.

(c) Transfers—(1) At connecting points. (i) Unless relieved of the requirement by the Department, a railroad carrying mail on its train for a connecting train is required to deliver the connection mail to a departing train of another railroad where the railroad stations are directly contiguous when:

(a) Both railroads employ representatives.

(b) Passengers or baggage are trans-ferred.

(ii) When the train connection is not immediate, the mail may be delivered to the representative of the railroad operating the departing train.

(iii) A railroad is responsible for separating mail when the mail:

(a) Received a previous rail haul and is due for dispatch to a star, mail mes-senger, or highway post office route at a connecting point.

(b) Is received from a star, mail messenger, or highway post office route at a connecting point and is due to receive a subsequent rail haul.

(iv) A railroad must provide necessary -tailboard space for exchange of mail with star, mail messenger, or highway post office routes or make delivery at a point accessible to the vehicles involved, unless other arrangements are made between the Department and the railroad.

(v) Railroads must transfer mail between connecting trains of steam railroads and cars of electric railroads

when:

(a) The steam railroad employs a representative.

(b) The steam railroad station is directly contiguous to the electric car tracks.

(c) Connection is immediate.

(2) At night. (1) Where mail is due receipt or dispatch at night and a railroad employee is on duty, the railroads must retain custody and safeguard the mail until:

(a) Dispatch can be made to the proper train.

(b) Delivery can be made to a highway post office clerk, mail messenger, star route, or other contractor.

(c) Delivery can be made to a post office when the building is directly contiguous to the railroad property.

The Department reserves the right to require such service of a railroad at times when the regular employee of the railroad is not on duty.

(ii) At railroad stations where no railroad employee is on duty, the railroad must, if deemed necessary by the Postal Service, provide for the exchange of mail by means of a safe room or suitable locked box at the station.

(iii) Where a railroad has no representative at a station, it must furnish the light which shall be cared for and hung by the Department's carrier.

(3) Between cars on same train-(i) Mail transferred between storage and RPO cars. When a storage car or baggage car containing mail is operated next to an RPO car and postal transportation clerks have access to such a car through end doors, they may handle the mail at intermediate points when considered advisable by the Department and the volume is small.

(ii) Mail transferred from excess units to authorized distributing space. At points where practicable, a railroad is required to transfer all or a part of the excess mail from a baggage car to available space in an authorized distributing unit upon the issuance of Form 5050, Request to Transfer Excess-Storage Mail. However, the railroad may elect to carry such mail through to destination with the understanding that the space occupied in the baggage car will be offset by that available in the distributing unit. The request form must show the number of pieces and the point at which they are to be transferred, and must be delivered to the designated railroad representative immediately upon arrival at the station where the transfer is ordered. Mobile clerks are not required to accept the transfer of such mail through end doors while the train is in motion. They may do so during the station stop if the storage end of the RPO car is next to the baggage car.

(4) Combining mail where train is overtaken. When one mail-carrying train is overtaken by another and mail is combined and forwarded from that point in a single train, payment will not be allowed for the non-mail-carrying train beyond the merger point.

(5) In emergencies—(i) Wreck or washout. If it becomes necessary to transfer at the place of a wreck or washout, officials and employees of a railroad must see that:

(a) The mail and any postal transportation clerks are promptly transferred.

(b) Every possible convenience is furnished the clerks for working the mail.

(ii) Other operating conditions. Whenever operating conditions require that a car with mail be set out, the railroad must arrange to transfer all mail in the car to any available space in the train except:

(a) Where an important passenger train is involved and the transfer of all mail would result in serious delay, such transfer may be limited to first-class, airmail, registered mail, daily newspapers, special delivery and special handling. Other classes will be transferred if time permits.

(b) Mail may be held for a following train if it makes substantially the same connections and delivery as the first train.

Where an RPO car is set out, postal transportation clerks must give all possible assistance in transferring mail.

(d) Exchange of mail with other carriers. Railroad agents and other carriers must exchange mail as follows:

(1) If a mail messenger is employed by the Department, a railroad may be relieved of the requirement of receiving or dispatching mail at cars, or from placing it on a crane, when:

(i) A railroad representative is on duty and the volume of mail is small enough so the mail messenger can readily carry it by hand on one trip.

(ii) A railroad representative is not on duty and the railroad makes sufficient trucks available to the mail messenger.

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

(3) A mail messenger shall call for incoming mail and deliver it to the post office as soon as practicable. If the train's arrival is at night and the post office is closed, the mail may be handled as provided in paragraph (c) (2) of this section.

(4) A mail messenger will wait for a train's arrival when a representative of the railroad is not on duty. At the end of 2 hours, he may return the outgoing mail to the post office for inclusion in the next regular dispatch.

(5) A mail messenger need not wait for a delayed train when:

(i) Other mail would be delayed. (ii) The railroad representative cannot give advance information as to time of arrival of the train.

(iii) The train is reported as more than 2 hours late.

In such cases the mail messenger may deliver the mail to the railroad's representative. The railroad is responsible for the safe dispatch of outgoing mail to the proper train and the safe delivery of incoming mail to the messenger or other authorized representative of the Department.

(6) Where mail cars are not accessible to vehicles of mail messengers or other carriers, a railroad shall receive and deliver mail at points accessible to such vehicles, except as provided in subparagraph (1) of this paragraph.

(e) Side, terminal, and transfer service. Requirements for side, terminal, and transfer service are as follows:

(1) Every railroad must, where it has an agent, take mail from and deliver it to all postal units located 80 rods or less from the station, when so required by the Department.

(2) The Department will provide for the transportation of mail to and from postal units located:

(i) More than 80 rods from the nearest railroad station or terminal.

(ii) 80 rods or less from the nearest railroad station or terminal where a representative of the railroad is not on duty.

(3) The Department may relieve a railroad of the performance of service required at any postal unit, and provide for such service, whenever it deems advisable.

(4) 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.

(5) A railroad shall give 30 days' notice to the Department of the discontinuance

of any agency handling mail or the removal of a station beyond the 80-rod limit. A railroad must not be relieved of the duty of handling mail unless this advance notice is given.

(f) Terminal piece charges in RPO cars. (1) The per piece charge will not apply to mail loaded into a RPO car while mobile clerks are on duty.

(2) The per piece charge will apply to one-half the number of pieces loaded into a RPO car while postal transportation clerks are not on duty when:

(i) Loaded by railroad employees at points prior to origin of clerks' run; or

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

(g) No terminal charges for additional handling. Terminal charges will not be allowed for the additional handling of mail when:

(1) A railroad orders a car out of service after mail has been loaded for onward dispatch to destination; or

(2) 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.

§ 92.109 Applicability of Comprehensive Plan B; railroads covered. Sections 92.100 through 92.108 shall apply to all railroads which are not listed in § 92.12.

§ 93.2

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.

§ 93.3 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. § 93.4

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.

§ 93.5 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. § 93.6 Regularly authorized RPO serv

ice.

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. § 93.7

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. § 93.8

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.