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.

Sec.

93.14 Failure of service.

93.15

Evidence of performance to be submitted by transportation companies. 93.16 Deductions and fines.

AUTHORITY: The provisions of this Part 93 issued under R. S. 161, as amended; 5 U.S.C. 22, 39 U.S.C. 501, 6201-6215.

SOURCE: The provisions of this Part 93 appear at 26 F.R. 11623, Dec. 6, 1961.

§ 93.1 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. § 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 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.

§ 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.

(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 offered on trips on which regular service is authorized. The railroad shall be entitled to compensation for carrying any excess mail, without further authorization.

(d) Electric railroads are not permitted to carry mail on trips on which space is not regularly authorized, unless requested to do so by a postmaster or by an authorized official of the Post Office Department.

§ 93.9 Side, terminal, and transfer service.

(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 § 92.9 (c) of this chapter relative to the exchange of mail shall be observed.

§ 93.10 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 § 92.8(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.

§ 93.11 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.

§ 93.12 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.

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

§ 93.14 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.

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

An electric railroad shall submit monthly evidence of the performance of

Sec.

Subpart F-Contract Pay Adjustments

94.43 Eligibility for adjustment.

94.44 Requests for adjustment. 94.45

Comparative cost statement and operating data.

AUTHORITY: The provisions of this Part 94 issued under R.S. 161, as amended; 5 US.C. 22, 39 U.S.C. 501, 6101, 6103, 6105-6107, 63516355, 6401-6403, 6405, 6407, 6408, 6410-6426, 6429-6434, 6436-6440.

Subpart A-Star Route Service § 94.1 Description.

(a) Definition. Star route service is the means used by the Post Office Department for intercity highway transportation of mail. Routes are operated under formal contracts, awarded after competitive bidding, and may provide box delivery, collection, and other services normally furnished by rural carriers.

(b) Head of route. The term "head of a route" means the first post office referred to in the statement of service. It may be the initial point originally named or one later stated as a result of change in the route. The office from which a carrier starts his trip is not necessarily the "head" of a route.

[26 F.R. 11625, Dec. 6, 1961, as amended at 28 F.R. 6451, June 22, 1963, 29 F.R. 6536, May 20, 1964]

(a) Exchange of mail-(1) At post offices. (i) The carrier must exchange mail at each post office on the route in accordance with the terms of the contract and any subsequent orders changing the service.

(ii) Where tailgate exchange at a loading platform cannot be made at an intermediate post office and the carrier cannot drive his vehicle near the door of the post office, the postmaster must arrange to take the mail. A carrier must not leave his vehicle containing mail unprotected. In no case shall the mail be thrown on the ground.

(iii) All intermediate post offices on star routes must be supplied by carriers on both outward and inward trips unless otherwise specified. Transportation requirements and procurement officers may change the frequency of supply to intermediate offices, without issuance of formal orders on Form 5440-C "Contract Route Service Order", provided distances as shown in the statement of service are not affected.

(iv) Where no time is specified at intermediate offices, mail should be exchanged within 10 minutes. Transportation requirements and procurement officers are authorized to vary from this standard whenever service conditions require.

(v) Except when space is available at a loading platform where tailgate exchange may be made, a contractor or carrier is required to deliver mail into and take mail from the post office at each end of his route.

(vi) Employees of postal installations served by star routes may be required to load or unload contractors' vehicles or to assist contractors in loading and unloading mail, when, in the judgment of transportation requirements and procurement officers, it is in the best interest of the Postal Service to do so.

(2) Through lobbies or lockers of post offices. (i) Mail may be exchanged, when authorized, through the lobby of a post office when no one is on duty. For this purpose the contractor will be provided a key to the lobby. A lobby exchange can be authorized only where the screen work extends to the ceiling; all doors, windows, and wickets connecting the lobby with the working portion of the post office are securely locked; and police protection is adequate. If any doubt exists as to the property of a lobby exchange, secure approval of the Postal Inspector in charge.

(ii) Exchanges may also be made through lockers when approved by the postal service officer, or the director, transportation division and the postal Inspector in charge. Locks and keys for lockers may be provided by either the postmaster or the contractor.

(iii) Postmasters shall obtain a signed receipt for each key furnished to star route contractors or carriers for use in exchanging mail through the lobby or locker of the post office. Reclaim the key and surrender the receipt when the key is no longer needed. When old keys are recovered or new ones issued, notify the distribution and traffic manager, who will maintain a current record of all outstanding keys.

(iv) Keys furnished to star route contractors or carriers must be protected against theft at all times. Do not allow examination of the key or its possession by an unauthorized person.

(v) Star route contractors or carriers must not have access to rotary, LA, street letter box (other than METRO series

see subparagraph (4) of this paragraph) or post office workroom keys.

(3) At railroad stations. (i) Where a star route terminal is at a railroad station at which no agent is on duty, the carrier may be required to exchange mail with trains, unless locker service is provided. Where catcher service is provided, the carrier may be required to hang pouches and take charge of mail dispatched from trains.

(ii) Where a railroad agent is on duty and the exchange of mail would impose a hardship on the carrier or delay the mail for the star route, the carrier must deliver the mail to, and receive it from, the agent who must make the exchange with the train.

(4) Through collection boxes (collections only). (i) The transportation requirements and procurement officer may require star route contractors or carriers to make collections from hasp and staple-type collection boxes locked by METRO series padlocks.

(ii) The postal installation manager will arrange for METRO padlocks and keys to be furnished postmasters at offices where star route contractors or carriers are authorized to make collections from collection boxes.

(b) Box delivery and collection service (1) Duties of postmasters. Postmasters shall:

(i) Upon request of a patron for box delivery and collection service, complete and furnish patron Form 5431, Star Route Box Patron Notice. If uncertain as to the type of box service required by the contract, ascertain contract requirements from the director, transportation division.

(ii) Arrange mail addressed to patrons served through boxes in the order of delivery by the carrier, unless the contract requires that the carrier arrange his mail in proper order for distribution.

(iii) Make a table and routing case available to the carrier if the contract requires that he case his mail and instruct him in the distribution and arrangement of mail in proper order for delivery to patrons.

(iv) Deliver to carrier any mail addressed to a patron of his office who:

(a) Lives on or near the star route on which box delivery is required.

(b) Has provided suitable box or sack. See § 49.4.

(c) Has filed request with the postmaster to have mail delivered by carrier and has completed Form 5431.