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63.04 Special provisions relating to temporary or emergency service. [Amended]

NOTE: Order, Commission, Aug. 28, 1945, 10 F.R. 11526, provides as follows:

Pursuant to the action of the War Production Board in removing its controls over construction of wire telephone and telegraph lines, the Commission has terminated the policies and procedures set forth in its memorandum opinion of December 1, 1942, with respect to applications involving such construction.

Henceforth, the Commission, will consider applications for authority to construct telephone or telegraph lines upon the basis of a showing that the present or future public convenience and necessity require, or will require such construction, as stated in section 214 of the Communications Act of 1934, and without specifically requiring the applicant to show in each instance that the proposed facilities will serve an essential military need, or a vital public need which cannot otherwise be met.

§ 63.04 Special provisions relating to temporary or emergency service.

(b) (1) A request may be made by any carrier, authorized to handle public telephone or telegraph communication by radio, for continuing authority to operate, during any emergency when its regular facilities become inoperative or inadequate to handle its traffic, wire facilities of any other carrier between points between which applicant is authorized to communicate by radio for the transmission of traffic which applicant is authorized to handle;

(2) Such request may be made by letter or telegram making reference to this paragraph and setting forth the points between which applicant desires to operate wire facilities of other carriers and the nature of the traffic to be handled thereover;

(3) Continuing authority for the operation thereafter of such alternate wire

facilities during emergencies shall be deemed granted effective as of the 15th day following the filing of the request unless on or before that date the Commission shall notify the applicant to the contrary: Provided, however, Applicant shall, not later than the 15th day following the end of each quarter in which it has operated wire facilities of any other carrier pursuant to authority granted under this paragraph, file with the Commission a statement in writing making reference to this paragraph and describing each occasion during the quarter when it has operated such facilities, giving dates, points between which such facilities were located, hours or minutes used, nature of traffic handled, the approximate number of words of telegraph traffic transmitted, and reasons why its own facilities could not be used.

CODIFICATION: The existing text of § 63.04 was designated (a) and a new paragraph (b) was added, as set forth above, by Regulation, Commission, effective Mar. 6, 1945, 10 F.R. 2661.

PART 65-COMMUNICATIONS FELLOWSHIPS FOR STUDENTS FROM OTHER AMERICAN REPUBLICS

Sec. 65.4 Allowances and expenses. [Amended]

§ 65.4 Allowances and expenses—(a) Monthly allowances. Monthly allowances for quarters and subsistence during the entire period spent in the United States, or its territories or possessions, in pursuance of a fellowship, beginning on the date of arrival at his initial headquarters and ending on the date of departure for his home, at the rate of not to exceed $180 per month.

(c) Per diem. Per diem in lieu of subsistence while in travel status proceeding from, and to, his home at the following rates: $6.00 over land and by air in and outside of the United States, and $4.00 aboard vessels outside of the United States. Per diem in accordance with standardized travel regulations may be allowed in addition to the monthly allowance where the trainee is on trips in the United States and maintenance of living quarters in one place is necessary or where unusual expenses would be incurred. [Paragraphs (a) and (c) amended effective Sept. 4, 1945, 10 F.R. 11859]

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PARTS 165-180: GENERAL PROVISIONS

176 Transportation of household goods in interstate or foreign commerce. [Amended]

PARTS 186-189: SCHEDULES

187 Freight rate tariffs, schedules, and classifications. [Amended]

PARTS 190-196: SAFETY REGULATIONS

193 Driving of motor vehicles. [Amended]

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[Note]

216 Deviation from authorized routes. [Added] 220 Embargoes. Subchapter C-Carriers by Water

325 Preservation and destruction of records. [Revised]

Subchapter D-Freight Forwarders

405 Surety bonds and policies of insur- 447 Filing of contracts for joint loadance. [Note]

ing and terminal services and fa

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Subchapter A-General Rules and Regulations

PARTS 0-9: GENERAL PROVISIONS

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In

§ 1.21 Time-(a) Computation. computing any period of time prescribed or allowed by these rules, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is Saturday, Sunday or a legal holiday in the District of Columbia, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a holiday. A half holiday shall not be considered as a holiday. [Paragraph (a) amended, Aug. 30, 1945, 10 F.R. 11255]

PART 7-LIST OF FORMS, PART II, INTERSTATE COMMERCE ACT

Sec.

7.75 B.M.C. 75. [Added] 7.76' B.M.C. 76. [Added]

$7.75 B.M.C. 75. Statement of intrastate common carrier of passengers or property, who is engaged or who proposes to engage in operations, in interstate or foreign commerce, under the second proviso of section 206 (a), Interstate Commerce Act. [Order, Aug. 7, 1943, effective Dec. 1, 1943, 8 F.R. 12519]

§ 7.76 B.M.C. 76. Applications under Interstate Commerce Act, other than under sections 5 and 210a (b) thereof, (1) for substitution of prospective purchasers in lieu of applicants or to transfer certificates of public convenience and necessity, or permits, or (2) to contract to operate or to lease operating rights, certificates of public convenience and necessity, or permits. [Order, Aug. 7, 1943, effective Dec. 1, 1943, 8 F.R. 12488]

PARTS 60-61: EMPLOYEES

PART 60-CLASSIFICATION OF EMPLOYEES AND SUBORDINATE OFFICIALS

Sec.

60.15 Police service. [Added]

§ 60.15 Police service. The work performed by special agents (below the rank of division special agent), money guards, train riders, head watchmen, assistant head watchmen, yard watchmen, head guards, and guards of the Union Pacific Railroad Company, and the work performed by depot watchmen, freighthouse watchmen, yard watchmen, reservoir watchmen, and guards of the Ogden Union Railway & Depot Company, is defined as that of employees and subordinate officials. (41 Stat. 469, 44 Stat. 577, 48 Stat. 1186; 45 U.S.C. 131, 151) [Ex Parte 72 (Sub. No. 1), Feb. 7, 1945, 10 F.R. 2043]

PARTS 71-85-EXPLOSIVES AND OTHER DANGEROUS ARTICLES Part 1 General information and regulations, plan of regulations, procedure, definition of terms.

[Note] Part 1A War emergency regulations.

Part 2

Part 3 Part 4

Part 7

[Amended]

Commodity list of explosives and other dangerous articles, shipping name or description, class, packing, label, maximum quantity, forbidden articles. [Amended] Regulations applying to shippers. [Amended]

Regulations applying particularly to carriers by rail freight. [Amended]

Regulations applying to shipments made by way of common carriers by public highway. [Amended] PART 1-GENERAL INFORMATION AND REGULATIONS, PLAN OF REGULATIONS, PROCEDURE, DEFINITION OF TERMS

NOTE: Order No. 3666, Jan. 25, 1945, effective Apr. 25, 1945, 10 F.R. 1457, reads as follows:

Delete all references to and provisions in the regulations effective Jan. 7, 1941, as amended, including that on the title page, and in the order of Aug. 16, 1940, section 110 (a) (15), and other places, resulting from the order of November 5, 1921, authorizing combination flat and tank car for gasoline. The order of Nov. 5, 1921, is hereby canceled. PART 1A-WAR EMERGENCY REGULATIONS

N (a) Explosives by rail freight or motor vehicle-(1) Shippers' and carriers' regulations handling detonating agents and explosives and explosive ammunition in same car or vehicle. Detonating fuzes, primer-detonator assemblies or other detonating elements containing explosive components, if of a safe type, may be shipped either assembled in bombs,

depth charges, mines, projectiles, or torpedoes (torpedo warheads) or in properly packed containers in the same car or vehicle with bombs, depth charges, mines, projectiles, boosters, or torpedoes (torpedo warheads) when separated from the explosive bombs, depth charges, mines, projectiles, boosters, or torpedoes (torpedo warheads) by not less than 3 feet. The intervening space of 3 feet must be filled with dry sand or dry earth in bags or in a crib so constructed or lined as to prevent sifting of the sand or earth. The crib must be secured against movement.

(2) Blasting caps or electric blasting caps may be loaded in the same car or vehicle with other explosives provided the blasting caps are separated from the other explosives as prescribed in subparagraph (1) herein. [Paragraph (a) (1) and (2) amended, Jan. 25, 1945, effective Apr. 25, 1945, 10 F.R. 1457]

(5) Shipments of explosive bombs and large containers of incendiary bombs weighing 500 pounds or more, each, may be loaded in stock cars or in gondola cars (flat bottom) when adequately braced. When necessary, wooden boxed bombs must be protected against accidental ignition. [Subparagraph (5) amended, Jan. 25, 1945, effective Apr. 25, 1945, 10 F.R. 1457]

[Preceding subparagraph, in small type, superseded by following subparagraph during period covered by this Supplement]

(5) Shipments of explosive bombs, unfuzed explosive projectiles, and large containers of incendiary bombs weighing 500 pounds or more, each, may be loaded in stock cars or in gondola cars (flat bottom) when adequately braced. When necessary wooden boxed bombs must be protected against accidental ignition. [Subparagraph (5) amended, effective Dec. 7, 1945, 10 F.R. 15072]

(b) Poison gas, class A, by rail freight-(1) Containers.

CODIFICATION: The first item was amended to read as follows effective June 29, 1945, 10 F.R. 8381:

In metal drums, spec. ICC 5A or WD 5A, in box cars, gondola cars, or stock cars in carload lots.

(c) "Explosives", "Poison Gas" or "Dangerous" placards as required must be securely applied to both sides and both ends of box cars, gondola cars or stock cars. [Paragraph (c) added, June 29, 1945, 10 F.R. 8381]

NOTE. Because of the present emergency and until further order of the Commission, only the applicable parts of sec. 525 will apply for the certification of gondola cars and stock cars.

[Note added, June 29, 1945, 10 F.R. 8381]

PART 2 COMMODITY LIST OF EXPLOSIVES AND OTHER DANGEROUS ARTICLES, SHIPPING NAME OR DESCRIPTION, CLASS, PACKING, LABEL, MAXIMUM QUANTITY, FORBIDDEN ARTICLES

List of Explosives and Other Dangerous Articles

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Required for rail express and water shipments only.

[Table amended, Jan. 25, 1945, effective Apr. 25, 1945, 10 F.R. 1457]

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(Change) Cement, rubber..

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(Cancel) Dichlorodiphenyltrichloroethane.. (Change) Dinitrobenzol, solid..

(Cancel) Igniters. See Fuse lighters, Fuse igniters, Black powder igniters, Delay electric igniters, Safety squibs, or electric squibs. (Add) Igniters..

(Add) Illuminating projectiles fuzed and with expelling charges. See explosive projectiles. (Add) Illuminating projectiles not fuzed and without expelling charges. See Fireworks. (Cancel) Illuminating projectiles. See Fireworks. (Change) Monofluorophosphoric acid, anhydrous. (Add) Plastic solvent, n. o. s.. (Change) Solvents, n. o. s.

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(Add) Titanium metal powder, wet, with not less than 20% water.

Inf. S.

No exemption 211A... Yellow.

150 pounds.

See section 4.

[Table amended, effective June 29, 1945, 10 F.R. 8381]

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