(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.

(il) 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:

(i) 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.

(ii) 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:

(i) 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-(i) 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:

(i) 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.

§ 534.6 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.

(1)

(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. 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 required. 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 (i) 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.

541.6

Fines on steamship companies transporting mail 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 mail (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.

PART 542-INTERNATIONAL AIR TRANSPORTATION

Sec.

542.1

542.2

542.3

542.4

Authority.

Carrier operations.

Transportation of mail.

Mail transportation irregularities.

Form 2759, Report of Irregular Handling of Airmail.

Sec.

542.6 Rates of compensation. 542.7 Payment for transportation of mail. 542.8 International air handbook.

AUTHORITY: The provisions of this Part 542 issued under 5 U.S.C. 301, 39 U.S.C. 501, 505.

SOURCE: The provisions of this Part 542 appear at 31 F.R. 15478, Dec. 8, 1966, unless otherwise noted.

§ 542.1 Authority.

(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.

Foreign

(2) Foreign flag air carriers. 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. (i) 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.