carrier. Forms 2729 and 2713 must be sent to the Dallas PDC along with regular dispatch forms.

(b) Operational records. Postmasters at terminal points (and designated intermediate points) must maintain and submit operational records as directed by the director, transportation division.

(c) Irregularities. Postal employees will prepare and submit Form 2759 for the irregular handling of mail by air taxi mail service operators for the following:

(1) Failure to load;

(2) Carry-by;

(3) Failure to protect;

(4) Failure to notify of irregular operation;

(5) Damage to mail or equipment. § 535.6 Screening air taxi mail service operators and certain employees.

(a) Who must be screened. Each operator, or person employed by an operator to handle mail, except those enumerated in paragraph (b) of this section must complete Form 2025, Contract Personnel Questionnaire, and have his fingerprints taken on Form FD-258, Fingerprint Chart, within 30 days after beginning service. The 30-day limit may be extended by the director, transportation division, in unusual circumstances.

(b) Those exempted from screening. The following are exempted from completing screening forms:

(1) Civil service personnel otherwise subject to investigation under Executive Order 10450.

(2) Persons who have been previously screened for transportation of mail.

(3) Employees hired for an emergency of only a few days. This does not exempt regular, relief, or substitute employees.

(c) When to complete forms. The director, transportation division, will determine whether the operator or hisscreened according to the requirements employees handling mail need to be of paragraph (a) of this section and shall act as follows:

(1) If the operator, or his employees must be screened, the transportation division will forward to the postmaster sufficient copies of the screening forms, with Notice 77, Instructions for completion and handling of screening Forms 2025 and FD-258.

(2) If the operator is exempted from screening, as set forth in paragraph (b) of this section, the transportation divi

sion will send the operator, Form 5415, Reminder of Post Office Department Screening Program, reminding him of his responsibility for screening any new employees he may hire to handle mail on the route.

(d) Removals. Operator, or his employees, may with Departmental approval, be removed if the screening process shows they have been convicted of a crime such as embezzlement, robbery, burglary, larceny, perversion, or other notoriously immoral acts; have been associated with known criminals; or have a record of serious moving traffic violation, unless they have since rehabilitated and have become responsible citizens.

Air taxi operators will promptly report to designated regional officials all accidents involving aircraft carrying mail. § 535.9 Certification of service.

(a) Report. (1) The operator, or pilot, will complete Form 2755, Air Taxi Mail Service Performed, for each scheduled trip. This will show arrival and departure time at every airport served. At the end of the trip copies 1 and 2 will be turned into the terminal postal unit.

(1) If service is provided over a route from the headout terminal to an outer terminal and returns to the headout terminal using the same aircraft and pilot, both the outbound and inbound service will be reported on one Form 2755 as a round trip.

(ii) If service is provided over a route from the headout terminal to an outer terminal by one aircraft and pilot and from the outer terminal to the headout terminal by a second aircraft and pilot, each pilot will report his portion of the service on Form 2755 as a one-way trip.

(2) A copy of Form 2756, Certification of Air Taxi Mail Service Performed, and related copies of Form 2755 for the week will be forwarded to the Director, Transportation Division, Attention: Chief, Air Transportation Branch, for each route.

(b) Conditions for payment. Payment will be allowed when:

(1) Service is performed in accordance with the published schedule.

(2) Service is performed and stops are overflown because of weather or other emergency beyond the control of the pilot.

(3) Service is performed and stops are overflown to an alternate airport because of weather or emergency beyond the control of the pilot (§ 535.3 (a) (3)). Mileage will be allowed to the alternate airport if the distance is greater than the distance of the scheduled stop.

(c) Transmittal to data center. At the end of each week, the postmaster of the terminal postal unit will prepare Form 2756, Certification of Air Taxi Service Performed, and submit it to the Dallas Postal Data Center.

541.1

541.2

541.3 541.4

541.5

541.6

OF BORDERS OF

Transportation and protection of mail between post offices and ships. Certificate for ship letters and payment of shipmaster.

When fees on ship letters not allowed. Compensation for transportation of surface mail.

Rates for rail service across Isthmus of Panama.

Fines on steamship companies transporting mall beyond borders of United States.

AUTHORITY: The provisions of this Part 541 issued under R.S. 161, as amended, sec. 1, 62 Stat. 777, as amended, 784, as amended; 5 U.S.C. 301; 18 U.S.C. 1698-1699, 1724, 39 U.S.C. 501, 505, 6101, 6104, 6435, unless otherwise noted.

SOURCE: The provisions of this Part 541 appear at 26 F.R. 11637, Dec. 6, 1961, unless otherwise noted. Redesignated at 31 F.R. 15351, Dec. 8, 1966.

§ 541.1 Transportation and protection of mail between post offices and ships.

(a) Outgoing mail. Steamship companies are to provide for the transportation and protection of all outgoing mail, including parcel post and sacks containing empty sacks, from the post office to the transporting vessel.

(b) Incoming mail. All incoming mail, including letter mail, parcel post and sacks containing empty sacks, is to be placed on the piers by the steamship companies. At that point delivery of the mail is made into the custody of

agents of the postal service for trucking to the post office. The mail shall be placed on the piers and delivered to the agents of the postal service before the transporting vessel makes entry or breaks bulk, such action to be regarded as compliance with the law. Mail, including letter mail, parcel post and sacks containing empty sacks, waybilled for discharge at ports other than the first port of call of the vessel in the United States, shall be discharged at the first port of call if the vessel is scheduled to remain at said first port of call for more than 24 hours.

(c) Vehicles and carriers. Carriers are accountable and answerable in fines for failure to:

(1) Carry the mail in a safe and secure manner. The mail compartment of the completely closed van-type vehicle or trailer type container vehicle must be locked or sealed during transport from post office to pier. When open top trucks are used, the sacks shall be covered by a fireproof and rainproof tarpaulin which must be fastened securely to the body of the truck.

(2) Guard the pouches and other mail in their custody from theft or damage by water or any other source.

(d) Registered (red label) sacks. The registered sacks shall be specially protected during transfer between post offices and the transporting vessels and on board the vessels. The red label sacks

shall be separately delivered to the steamship company's representative at the post office in the case of outgoing mails. Incoming red label sacks shall be segregated from the other mails on the piers by the steamship companies.

[26 F.R. 11637, Dec. 6, 1961, as amended at 32 F.R. 11527, Aug. 10, 1967]

§ 541.2 Certificate for ship letters and payment of shipmaster.

(a) Postmasters at offices where ship and steamboat letters are delivered shall obtain a certificate from the master of the ship showing:

(1) Number of letters.

(2) Name of ship or vessel.

(3) Place from which vessel last sailed.

(b) The postmaster shall pay to the master or owner of the ship or steamboat 2 cents for each letter delivered into his office which has not previously been mailed, except as provided in § 541.3. The postmaster shall obtain a receipt for such payment.

Fees shall not be allowed for ship letters if they are:

(a) Addressed to a foreign country. (b) Delivered by any of the following: (1) A passenger or sailor, other than the master.

(2) The master of any vessel or any person on board any vessel which carries mail.

(3) Any carrier on any mail route.

(4) The master of a vessel who delivers to a postmaster letters which were carried over a post route.

Fees shall not be allowed for printed matter.

Rates for: Maritime transportation of mall (except U.S. Mail transshipped from the Canal Zone) including outbound empty equipment on steamships of United States registry (cents per pound, net weight for mail). Rates for: 1. All mail (including empty air mail sacks) on steamships of foreign registry; and 2. United States Mail transshipped from Canal Zone on steamships of United States registry (cents per pound, net weight for mail).

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.

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, D.C. 20260.

(39 U.S.C. 6409) [27 F.R. 9988, Oct. 11, 1962. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

§ 541.5

Rates for rail service across Isthmus of Panama.

Payment for the transportation by railroad across the Isthmus of Panama, for United States and foreign closed transit mail shall be $0.0525 per pound for letters and post cards and $0.007 per pound for other articles, including parcel post.

§ 541.6 Fines on steamship companies transporting mail beyond borders of United States.

Steamship companies are responsible to the United States for the safety of the mail intrusted to them, and accountable for any loss or damage resulting to any mail by reason of failure on the part of any of their officers, agents, or employees to exercise due care in the custody, handling, or transportation thereof. In case of delinquencies, fines may be imposed or deductions made from the company's pay.

(b) Special rates: This section shall not prevent a carrier from accepting

(a) Applicability. The rules and regulations in this part apply to air carriers and foreign air carriers engaging in overseas or international air transportation of mail on FAM numbered routes assigned by the Post Office Department to the extent noted herein, and they subplement the provisions of the convention of the Universal Postal Union.

(b) Definitions (as used in Part 542)-(1) Scheduled U.S. Air Carrier (also called American flag carrier). Any citizen or company of the United States authorized by the Civil Aeronautics Board to engage in overseas or international air transportation.

(2) Foreign air carrier (also called foreign flag carrier). Any individual or company not of the United States authorized by the Civil Aeronautics Board to engage in international air transportation.

(3) Carrier. Both air carrier and foreign air carrier.

(4) Overseas air transportation. The transportation of mail by aircraft between a place in any State of the United States and any place in a Territory or possession of the United States; or between a place in a Territory or possession of the United States and a place in any other Territory or possession of the United States.

(5) International air transportation. The transportation of mail by aircraft between a place in any State, Territory, or possession of the United States and any place wholly outside thereof.

(6) Mail. United States and international transit mail.

(c) Authority to engage in air transportation (1) American flag air carriers. Air carriers shall not engage in air transportation unless a certificate has been issued by the Civil Aeronautics Board authorizing them to do so. Each such certificate states the terminal points and intermediate points, if any, between which the air carrier is authorized to engage in air transportation.

(2) Foreign flag air carriers. Foreign air carriers shall not engage in air transportation from U.S. soil without a permit issued by the Civil Aeronautics Board authorizing such transportation.

(d) Policy for dispatch of mail—(1) Policy for dispatch of airmail. (1) U.S. air carriers will have first priority to traffic whenever practicable.

(ii) Airmail will be dispatched by the most expeditious service to the airport of destination.

(iii) Airmail for competitive points will be divided equally between competitive flights of U.S. air carriers as nearly as practicable if such flights are scheduled to arrive at the airport of destination within 1 hour of each other. When one carrier operates multiple competitive flights scheduled to arrive at an airport within 1 hour of a competitive flight or flights of another carrier, the airmail will be divided equally between air carriers rather than between flights. For each application of the principles the time period of 1 hour will start with the first scheduled arrival of a flight or flights not included in an earlier division. A divided share of airmail will not be subject to further division.

(iv) The use of a flight or flights may be suspended in the event of cancellation, unduly delayed departure, frequent failure of schedule performance, abnormal mail backlog, or other unusual or unanticipated conditions which would otherwise delay the dispatch of airmail or impair the service to be accorded the mail.

(v) No division will be made when less than 100 kilograms of airmail are available for dispatch. When less than 100 kilograms are available regularly, each of the competing carriers will be given all the airmail available on alternate weeks, but no attempt will be made to balance cumulative total volumes.

(vi) No division will be made when flights depart from or arrive at different airports.

(vii) For division purposes, destination airmail is defined as all airmail for the destination airport city; all airmail to be off-loaded at the destination airport which is subject to onward movement by the foreign postal administration having jurisdiction, or by U.S. military postal authorities; and all airmail for interline transfer at that point. Airmail which is transferred on-line at a ́foreign airport will not be included in the division of mail for that point.

(viii) All airmail, both civil and military, subject to division will be included in the weight totals, regardless of type of mail (LC, AO, and CP), and will be allocated between competing carriers to maintain approximately the same spaceweight ratio, as far as practicable.

(ix) Letter class mail (LC) will be given preference of dispatch over other classes of mail. Military airmail in pouches shall be considered as LC mail.

(x) When a flight serves both competitive and noncompetitive points, priority will be given for all the noncompetitive points, loading first the furthermost point, then the next one back in distance (or service) sequence, and so forth. After all mail for the noncompetitive points has been accommodated, the remaining available space will be utilized for mail to competitive points commencing again with the most distant point being loaded first.

(xi) Dispatches of civilian mail should not be split. Single dispatches of mail to a competitive point shall not be divided by weight between competing flights serving such point.

(2) Dispatch and division. (1) Military ordinary mail may not be dispatched on an aircraft unless the air carrier has first provided fully for the needs of the postal service for the transportation of airmail and air parcel post on that aircraft, and (in the case of a service offering passenger transportation) has also first provided fully for the passenger requirements on that flight.

(11) Military ordinary mail shall be dispatched by the most expeditious service to the airport of destination to the extent that space is available on a flight under the conditions set forth in subdivision (1) of this subparagraph.

(iii) Military ordinary mail for competitive points shall be divided equally between competitive flights as nearly as practicable if such flights are scheduled to arrive at the airport of destination within 2 hours of each other. When one carrier operates multiple competitive flights scheduled to arrive at an airport within 2 hours of a competitive flight or flights of another carrier, the military ordinary mail shall be divided equally between air carriers rather than between flights. For each application of these principles the time period of 2 hours shall begin with the first scheduled arrival of a flight or flights not included in an earlier division, whether or not such flight or flights actually carry any military ordi

nary mail. A divided share of military ordinary mail will not be subject to further division.

(iv) Military ordinary mail will be divided on a weight basis which, to the extent practicable, reflects an equitable division of types of such mail having different space requirements.

(v) The use of a flight or flights may be suspended in the event of cancellation, unduly delayed departure, frequent failure of schedule performance, abnormal mail backlog, or other unusual or unanticipated condition which would otherwise delay the dispatch of military ordinary mail or impair the service to be accorded such mail.

(e) Rules and regulations. The Department will make such rules and regulations as may be necessary for the safe and expeditious transportation of airmail by aircraft. The Assistant Postmaster General, Bureau of Transportation and International Services, will establish the policy for transportation of mail and for exchange of airmail between postal employees and carriers.

(f) Agreements. The Department may enter into agreements with postal administrations of other countries with respect to airmail transportation. The Department may also make arrangements with foreign air carriers for the transportation of mail if they have been issued permits by the Civil Aeronautics Board.

(g) Transportation of foreign mail. Air carriers transporting mail of other countries are subject to control and regulation of the United States.

§ 542.2 Carrier operations.

(a) Filing of schedules. Carriers authorized to engage in air transportation shall transport mail only after filing their schedules of operations with the Department. The Department will designate the flights required for the transportation of mail and inform the carriers accordingly. No carrier shall transport mail in accordance with any schedule other than one designated or ordered to be established by the Department for the transportation of mail.

(b) Schedule revisions. Changes to existing schedules must be filed with the Department not less than 10 days before their effective dates. Three copies should be filed with the Director, International Service Division, Bureau of Transportation and International Services, Post Office Department, Washing