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Air carriers shall not be required to accept FCM for protection and storage pending shipment, but may elect to do so if tendered by the postal service.

§ 534.3 Responsibility for FCM Pro

gram.

(a) Air carriers-(1) Transportation on space-available basis. Air carriers will transport FCM on a voluntary, spaceavailable basis to the destination shown on the dispatch record and pouch label. The CAB order prescribes that no air carrier shall transport FCM if such transportation impedes the carriage of priority airmail, passengers, passenger baggage, air parcel post, air express, or regular air freight, except that FCM which has been loaded in the aircraft need not be removed to permit carriage of regular air freight received thereafter or received at an intermediate point. The movement of FCM by air shall have priority over the movement of deferred air freight.

(2) Notification to postal units. The local postal unit must be promptly informed of any delay or inability to transport mail which has been tendered in order that consideration may be given to utilization of any alternate routings which may be available to move the mail. An air carrier which has carried FCM beyond, or off-loaded short of, the billed destination must also promptly notify the postal unit at the point where FCM is on hand and receive instructions as to the best disposition to be made of the mail.

(3) Dispatch within 4 hours-trunkline and cargo air carriers. In the event any or all of the FCM has not been dispatched by a trunkline or cargo air carrier within 4 hours after receipt at the initial point (or 4 hours after anticipated dispatch in the event of early receipt for preloading on a flight where available space is anticipated), the carrier shall notify the postal unit. On instructions from the postal unit, the FCM shall be (1) returned by the carrier to the custody of the postal service at the place where the initial delivery was made, (11) delivered at the holding carrier's facilities at the airport of dispatch to another designated carrier which has space available and which will pick up

the mail within a reasonable time, or (iii) held for an additional period if acceptable to the carrier.

(4) Requirements for transfer of FCM. (i) Carriers will make any necessary intraline transfers to other trips of the same carrier in order to provide transportation to the destination listed on the original dispatch record. Interline transfers of FCM to another air carrier are not authorized in ordinary circumstances. See subdivisions (ii) (b) (c) of this subparagraph concerning permissible interline transfers when service has been interrupted.

and

(ii) Trunkline and cargo air carriers will not be required to transfer FCM to other carriers except:

(a) When mutually agreeable transfers have been agreed upon. See § 534.2 (b) (2) (i) (b);

(b) When FCM is inadvertently transported to a destination other than that to which due and the carrier does not have service within 2 hours on which space is available to the intended destination and another carrier can provide the needed space with earlier arrival at destination;

(c) When a carrier must unload FCM at an intermediate point and has no service or space within 4 hours and another carrier can provide the needed space with earlier arrival at destination.

(5) Delivery requirements. Priority in delivery, equivalent to airmail, to the destination postal unit cannot be required. Delivery of FCM shall be made as soon as practicable and without unwarranted delay.

(6) Protection of mail. FCM must be protected from the weather and possible depredation and accorded the same care and safeguards as is given regular airmail.

(7) Applicability of Postal Manual sections. The provisions of §§ 531.3 (c) and 531.5(a) (1) of this chapter (except with respect to time), and §§ 533.5 and 533.6 of this chapter (except with reference to airmail forms), apply to the handling of FCM by air carriers.

(b) Postal units. Airport mail facilities and air stop point post offices are responsible for:

(1) Excluding from FCM dispatches any nonmailable articles coming to their

attention which are not acceptable for transportation by air. See Parts 124 and 125 of this chapter for responsibility of mailers and accepting clerks.

(2) Utilizing such equipment and locking devices as may be designated from time to time for FCM dispatches.

(3) Preparing regular surface labels to identify FCM dispatches, underscoring the destination postal unit with a red line and showing proper air stop point coding to the destination airport. See § 534.4(a).

(4) Assuring that mail messenger or vehicle service, as necessary, is provided for delivery and receipt of FCM.

(5) Reporting irregularities in service to their director, transportation division, on Form 2759, Report of Irregular Handling of Airmail, appropriately checked to indicate FCM, for necessary action.

(6) Attempting to have FCM which is off-loaded short of, or carried beyond, the intended destination continued onward by air by means of transfer on Form 2718 to an air carrier having available service. See § 534.4 (c).

(7) Redispatching by air to the intended destination any FCM which is irregularly off-loaded and turned in to the postal unit: Provided, That onward air dispatch is superior to available surface transportation.

(c) Transportation division. The transportation division is responsible for: (1) Notifying postal unit concerning authorized dispatches, air carriers involved, and dates or other particulars of service.

(2) Issuing appropriate instructions concerning the labeling of pouches, mail due dispatch, time of advantageous tieouts, and other local arrangements or requirements.

(3) Assuring that no improper diversions of mail are made to FCM dispatches which have been authorized.

(4) Evaluating promptly any FCM irregularities reported by dispatching or receiving postal units on Form 2759.

(5) Reporting to Air Transportation Branch any failure by air carriers to promptly correct unsatisfactory conditions so that remedial action may be taken.

§ 534.4 Forms and procedures for dispatching and receiving FCM.

(a) Labeling and marketing-(1) FCM pouches. The dispatching postal employee shall label FCM pouches with regular surface labels and underscore destination with a red line to identfy as FCM dispatches. When dispatch is to a postal unit that is not an air stop point, enter on the label official code letters for the final air stop off-loading point. Bracket code letters. Show contents of pouch on descriptive line of label, e.g. "Illinois." Enter weight on the label in the same manner as for airmail except that weight need not be shown on the individual labels where bulk weighing has been authorized. Do not serial number pouch labels.

(2) First-class outsides. When it is not possible to enclose a first-class piece in a pouch or sack, use crayon or indelible pencil to enter weight and FCM endorsement in large figures near address. When the outside is billed to an airport not located at city shown in address, also prominently show the airport destination code in brackets.

(b) Form 2713, Dispatch Record of First-Class Mail by Air—(1) Description. Form 2713 is a four-part serially numbered snapout form for documenting the dispatch of first-class mail (FCM) to domestic air carriers authorized to transport first-class mail. It is also a bill for air transportation charges and must be accurate and complete.

(2) Initial preparation. The dispatching postal unit will show the following on Form 2713:

(1) Heading form. Enter origin code, date, route number, and mail ready time. Show trip number in "Available For Trip No." box only when dispatches are made to local service carriers.

(ii) Destinations. List first-class mail pouches on one form for destinations served by a local service trip. List firstclass mail pouches on one form for points served by a trunkline carrier's trips departing within a limited time bracket which can be picked up at the same time.

(iii) Transfer point. Enter only intraline transfer point for dispatches due to be transferred to another trip of the carrier of dispatch.

(iv) Pieces and pounds. Enter pouches and pounds under appropriate destination. Use one column only for each destination. If pouches cannot be individually listed under one destination column, accumulate pieces and weights on a scratch sheet and bulk list total pieces and weights under appropriate destination.

(v) Grand totals of pieces and pounds. Cross-add destination totals for pieces and pounds and enter in "Grand Total" box.

(vi) Postal signature. The dispatch clerk will sign his name on the form. The minimum requirement for signature is first initial and last name.

(3) Delivering first-class mail and Form 2713. In delivering FCM and related Form 2713 to air carrier, observe the following:

(1) Airport mail facilities. Air carrier representative picking up the mail will: (a) Verify FCM with entries on Form 2713.

(b) Sign the form in space provided on left side of form and enter pickup time.

(c) Remove Part 4 and leave at airport mail facility. Retain Parts 1, 2, and 3, with carbon paper interleaved, for completing when FCM is boarded on a trip.

(11) Air stop post offices. The dispatching clerk will retain Part 4 and give the FCM and Parts 1, 2, and 3 of related Form 2713, intact, to the mail messenger or vehicle service driver for delivery to air carrier representative at the airport for securing verification of piece count and completed forms.

(4) Completion of form. The air carrier will complete Form 2713 as follows:

(1) Airport mail facilities. When FCM is boarded on one or more trips, air carrier will complete Form 2713 by entering only the trip number or numbers boarding mail in space provided under each destination. If the FCM is not boarded within 4-hour holding period, beginning at pickup time, air carrier must notify postal unit and secure instructions for disposition of FCM. Air carrier representative will complete the certificate by entering date, two letter airline code, and signing. The certificate must be signed. The minimum requirement is first initial and last name. When the form is

completed, the air carrier will separate Parts 1, 2, and 3, retain Parts 2 and 3 and return Part 1 to the postal unit as promptly as local conditions will permit. In no case will the transmittal be less frequent than once each 24 hours. In these cases, air carrier must notify postal unit by telephone of trips boarding FCM during each 4-hour holding period.

(11) Air stop post offices. As most FCM dispatches made by air stop post offices are accommodated on trips connected by mail messenger (MM) or vehicle service (VS) driver, air carrier representative will complete Form 2713 by (a) entering the boarding trip number or numbers in the space provided under each destination, (b) dating certification, (c) entering two letter airline code, (d) signing the form, (e) separating Parts 1, 2, and 3 and (f) returning completed Part 1 to the MM or VS driver for delivery to dispatching post office. When it is not possible to handle Forms 2713 in this manner, arrangements similar to those in subdivision (1) of this subparagraph will be made.

(5) Review of form. The dispatching postal unit will review Form 2713 as follows:

(1) Part 4, Form 2713. Part 4 will always be retained in the dispatching airport mail facility or air stop post office. It will be used to (a) monitor the 4-hour holding rule, see § 534.3(a) (c) and (b) see that completed Part 1 of the form is returned.

(ii) Part 1, Form 2713. When the air carrier returns Part 1, the dispatching postal unit will review the form to assure that (a) it is fully completed, (b) no nonessential data, such as route numbers and dates, are shown in "Boarded on Trip Nos." block and (c) necessary signatures are in proper order.

(iii) Completion of Part 4, Form 2713. The dispatching postal unit will, following review of Part 1, enter trip number or numbers boarding the FCM on Part 4 as a local record of FCM transported.

(6) Voiding Form 2713. When none of the FCM tendered is transported and the postal unit instructs the air carrier to return the mail to the postal unit, the receiving postal representative will void all four parts, send Parts 1, 2, and 3 to Dallas Postal Data Center, with weekly transmittal of forms, and file Part 4.

(7) Distribution. Distribute Parts 1, 2, 3, and 4 as follows:

(1) Part 1. Dispatching postal units will enclose completed and voided forms in P-87-A envelope and forward each Friday following last dispatch of FCM to:

Postal Data Center, Post Office Department, Box 1557, Main Post Office Building, Dallas, Tex. 75299.

(ii) Part 2. Air Carrier Accounting Office.

(iii) Part 3. Air Carrier Station Record.

(iv) Part 4. Dispatching Postal Unit File.

(c) Form 2718, First-Class Mail by Air exception Record-(1) Description. Form 2718 is a four part snapout form with basic instruction regarding its use on the face of the form. It serves as a report of irregular transfers of FCM between air carriers at point of origin as well as at intermediate points short of destination. It also serves as a report of FCM turned into a postal unit short of destination. Form 2718 is an accounting document for adjusting air transportation charges which were ordered but not performed.

(2) Preparation. The delivering air carrier (carrier in possession of FCM) will, after receiving instructions from the local postal unit, prepare Form 2718 reporting the following situations:

(1) Part of FCM returned to postal unit at origin of FCM.

(ii) FCM turned into a postal unit at an intermediate point.

(iii) All of FCM transferred to another carrier at origin point of FCM.

(iv) Part of FCM transferred to another carrier at origin point of FCM.

(v) FCM transferred to another carrier at an intermediate point short of destination.

(3) Transferring or delivering FCM. When transferring or delivering FCM to air carrier or postal unit observe the following:

(1) When FCM is being transferred to another air carrier or delivered to the local postal unit, the delivering carrier will prepare and present all four parts of Form 2718 to air carrier or postal unit with related FCM and obtain signature to acknowledge receipt.

(ii) Distribution of parts of Form 2718 by receiving carrier or postal unit, will be as follows:

(a) When FCM is transferred to another air carrier, send:

(1) Parts 1 and 2 to local postal unit for forwarding with Forms 2713 to Dallas Postal Data Center.

(2) Part 3 to delivering carrier as a receipt and for forwarding to carrier's accounting office.

(3) Part 4 to receiving air carrier for forwarding to carrier accounting office.

(b) When FCM is delivered to Postal Unit, send:

(1) Parts 1 and 2 to local postal unit for forwarding to Dallas Postal Data Center.

(2) Part 3 to delivering air carrier for transmitting to air carrier accounting office.

(3) Part 4 retain in local postal unit. (d) Form 2753-A, Mail Delivery Record. See § 533.6 of this chapter for handling Form 2753–A.

§ 534.5

Settlement of air transportation charges for FCM.

The Dallas Postal Data Center will settle all domestic air carriers charges for transporting first class mail by air. § 534.6 Reporting and processing FCM irregularities.

(a) Form 2579, Report of Irregular Handling of Airmail—(1) Use. Form 2759 is used by postal employees to report air carrier irregularities in the handling of FCM. It must also be used by postal units to advise local transportation division of irregular transfer and off-loading of FCM at intermediate points short of destination. Since this form is also used to report airmail irregularities, check box "1st Class by Air" to assure proper evaluation of the report.

(2) Who prepares. Postal clerk who first handles FCM which obviously has been mishandled by an air carrier or who is informed of irregular transfers or off-loadings by receipt in the postal unit of Parts 1 and 2 of Form 2718, is required to prepare Form 2759 report.

(3) FCM irregularities requiring close attention. (1) Refusals/removals of FCM are not subject to the preparation of briefs and the imposition of fines under the space available provisions. However, remedial action may be re

quired. Submit memorandum report with full particulars to enable the director, transportation division, to take such corrective action as may be necessary in situations of repetitive occurrences involving refusals and removals that impair the service accorded FCM. See subparagraph (2) of this paragraph.

(ii) Delayed delivery of FCM will be reported when more than 1 hour from time of arrival of trip elapses before delivery to AMF, MM, or VS driver. At non-AMF points, the post office clerk receiving the delayed FCM from the MM or VS driver is responsible for preparing Form 2759 under such circumstances.

(iii) Damage to FCM and equipment is a finable irregularity since air carriers are responsible for according FCM the same care and safeguards as is given regular airmail. See § 534.73 (a) (6). Furnish full particulars as to pieces damaged, and extent, and pieces actually wet because of exposure to the elements.

(b) Instances where fines can be levied (1) Authorization for fining. The CAB rate order prescribes that "no air carrier shall be subject to penalties (fines) with respect to the carriage of such mail except to cover serious cases of failure to protect mail from damage and depredation or repetitive instances of neglect resulting in substantial delay. Inability to accommodate such mail on a specific flight or flights shall not be construed as neglect."

(2) Processing of finable FCM cases. Send Form 2759 for (1) damage to mail or equipment, including repetitive instances occurring at the same airport, (ii) failure to protect FCM from depredation, and (iii) neglect resulting in substantial delay, to local transportation division for evaluation and processing with those covering airmail.

(c) Distribution. Postal units will distribute copies of Form 2759 according to the instructions printed on each page of the form.

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535.9 Certification of service.

AUTHORITY: The provisions of this Part 535 issued under 5 U.S.C. 301, 39 U.S.C. 501.

SOURCE: The provisions of this Part 535 appear at 33 F.R. 3377, Feb. 27, 1968, unless otherwise noted.

§ 535.1 Air taxi mail service.

(a) Description. Air taxi mail service consists of the transportation of mail by an air taxi operator on schedules fixed by the Postmaster General.

(b) Authority. Part 298 of the Economic Regulations of the Civil Aeronautics Board (14 CFR Part 298) describes the means by which air taxi mail service may be authorized.

(c) General-(1) Notice of intent. When the Postmaster General determines that air taxi mail service is required to meet postal needs, the Department will file a notice of intent to use air taxi mail service with Civil Aeronautics Board. Such service will be instituted only on notification of the Department to the air taxi operator involved that such notice of intent has become effective.

(2) Type of aircraft. Operators of air taxi mail service must provide adequate and suitable aircraft for the carriage of mail, as specified in the notice of intent.

(3) Transportation of officials. Air taxi mail service operators shall not be required to furnish air transportation for postal inspectors or officials of the Department.

(4) Limitations. An effective notice of intent authorizes the transportation of mail only and does not include authority to transport persons and/or property.

(5) Observance of laws. Operators of air taxi mail service are responsible for familiarity with Federal laws and regulations governing the carriage of mail by aircraft.

(6) Interested operators. Persons interested in providing air taxi mail service should communicate with the Regional Director of the postal region in which the proposed service is sought. When the official approves a proposal of such service, and forwards an appropriate recommendation to the Bureau of Transportation, the necessary notice of intent will be filed, if approved by that Bureau.

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