(3) Identification of the official detour established. (d) That the carrier shall resume operations immediately over the regular route over which, and between the fixed termini between which, such carrier is authorized to operate after the removal of the condition or circumstance which made such deviation necessary and shall thereupon discontinue operation over the detour route or routes which were temporarily used. (49 Stat. 552; 49 U. S. C. 308 (b)). [Order, Mar. 22, 1945, effective May 1, 1945, 10 F.R. 3405] PART 220-EMBARGOES CROSS REFERENCE: For embargo on freight cars and motor vehicles used to transport horses and dogs for racing, see Service Order No. 271, Dec. 30, 1944, 10 F.R. 50, and for vacating order No. 271-A, May 9, 1945, see 10 F.R. 5425. Subchapter C-Carriers by Water RESERVATION AND destroy certain records. of other records. supervision of destruc thority of officer having of destruction. of destruction. for destruction of certain us and agencies. companies. struction. destruction of accounts, d memoranda. counts, records, and nts, records, and memi periods of retention. .1 to 325.12, inclusive, 594, 35 Stat. 648-649, 49 U. S. C. 20 (7), (8), 325.12, inclusive, con2. 1945, effective Aug. extracts from sections III of the Interstate quoted for convenient .rriers: water carrier or other agent, employee, or representative thereof, who shall willfully fail or refuse to make a report to the Commission as required by this part, or to make specific and full, true, and correct answer to any question within thirty days from the time it is lawfully required by the Commission so to do, or to keep accounts, records, and memoranda in the form and manner prescribed by the Commission, or shall willfully falsify, destroy, mutilate, or alter any report, account, record, memorandum, book, correspondence, or other document, required under this part to be kept, or who shall willfully neglect or fail to make full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions as required under this part, or shall willfully keep any accounts, records, or memoranda contrary to the rules, regulations, or orders of the Commission with respect thereto, or shall knowingly and willfully file with the Commission any false report, account, record, or memorandum, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was in whole or in part committed, be subject for each offense to a fine of not more than $5,000. As used in this subsection the word "keep" shall be construed to mean made, prepared, or compiled, as well as retained. SECTION 313 (g). The Commission may issue orders specifying such operating, accounting, or financial papers, records, books, blanks, tickets, stubs, correspondence, or documents of water carriers or lessors as may, after a reasonable time, be destroyed, and prescribing the length of time the same shall be preserved. [Amended] 205.21 Monthly reports of revenues, passengers and mileage. [Revised] AUTHORITY: §§ 205.1 to 205.21 appearing in this Supplement, issued under sec. 220, 49 Stat. 563, sec. 24, 54 Stat. 926; 49 U.S.C. 320. NOTE: The reporting requirement of these sections has been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. § 205.1 Form prescribed for annual reports. Each Class I Common and Contract Motor Carrier of Property and each. Class I Common and Contract Motor Carrier of Passengers shall file under oath an annual report for the year ended December 31, 1944, and for each succeeding year until further order, in accordance with Motor Carrier Annual Report Form A (Class I Motor Carriers of Property and Passengers) which is hereby approved and made a part of this section.1 The annual report shall be filed, in duplicate, in the Bureau of Motor Carriers, Interstate Commerce Commission, Washington, D. C., on or before March 31 of the year following the one to which it relates. [Order, Dec. 26, 1944, effective Jan. 1, 1945, 10 F.R. 871] § 205.11 Quarterly reports of passenger revenues, expenses and statistics. Quarterly reports shall be filed, in duplicate, in the office of the Bureau of Motor Carriers of the Interstate Commerce Commission for the district in which the carrier is domiciled within thirty days after the close of the period to which they relate. [Order, June 15, 1945, effective June 30, 1945, 10 F.R. 7501] § 205.12 Quarterly reports of property revenues, expenses and statistics. Quarterly reports shall be filed, in duplicate, in the office of the Bureau of Motor Carriers of the Interstate Commerce Commission for the district in which the carrier is domiciled within thirty days after the close of the period to which they relate. [Last sentence amended, June 15, 1945, effective June 30, 1945, 10 F.R. 7501] § 205.21 Monthly reports of revenues, passengers and mileage. Monthly re Filed as part of the original document. ports shall be filed, in duplicate, in the office of the Bureau of Motor Carriers of the Interstate Commerce Commission for the district in which the carrier is domiciled within thirty days after the close of the period to which they relate. [Order, June 15, 1945, effective June 30, 1945, 10 F.R. 7501] PART 216-DEVIATION FROM AUTHORIZED ROUTES [ADDED] § 216.1 Route deviation authorized subject to conditions. That when the closing of any public highway for repairs or rebuilding prevents the operation of the equipment of a common carrier by motor vehicle over a regular route, or a segment thereof, or between the fixed termini, over which or between which such carrier is authorized to operate, or when snow, ice, flood waters, forest fires, frost boils, fallen trees, wind storms, earth slides, or other occurrences beyond the control of a common carrier by motor vehicle temporarily block a regular route, a segment thereof, over which such common carrier is authorized to operate or temporarily makes operation of the equipment of such carrier over such route, or segment thereof, unsafe, or when a federal, State, county, or other government official, in the exercise of police powers, temporarily prohibits the operation of the motor vehicles of a common carrier by motor vehicle over a regular route, or segment thereof, over which such common carrier is authorized to operate, such carrier may deviate from such regular route, or segment thereof, or fixed termini and operate its equipment over a detour route, utilizing whenever possible the detour route, if any, designated by the governmental authority exercising control over the public highway which has been closed, or blocked, or rendered unsafe, or over which operation has been prohibited, subject to the following conditions: (a) That so far as suitable detour routes are available the carrier will continue to furnish adequate service at all points which it is authorized to serve. (b) That the carrier may not, by reason of this section, serve any point or place which such carrier is not otherwise authorized to serve, (c) That deviation from an authorized route is not to be continued for any period of time in excess of 30 consecutive calendar days unless, and, until, the carrier shall give notice to the Commission in writing, of its intention to deviate from its route, completely identifying the route, or segment thereof, over which operations will be temporarily discontinued and, also, the route or detour over which its vehicles will operate. Such notice to be accompanied by a written statement from the federal, state, or municipal highway engineer or official exercising jurisdiction over the segment of the route being discontinued containing the following: (1) The nature of the circumstance, or condition, which prevents operation of the carrier's vehicles over the said segment of route, (2) The period of time during which, in his opinion, the said carrier will be prevented from operating over said segment of route, ᏢᎪᎡᎢ (3) Identification of the official detour established. (d) That the carrier shall resume operations immediately over the regular route over which, and between the fixed termini between which, such carrier is authorized to operate after the removal of the condition or circumstance which made such deviation necessary and shall thereupon discontinue operation over the detour route or routes which were temporarily used. (49 Stat. 552; 49 U. S. C. 308 (b)). [Order, Mar. 22, 1945, effective May 1, 1945, 10 F.R. 3405] PART 220-EMBARGOES CROSS REFERENCE: For embargo on freight cars and motor vehicles used to transport horses and dogs for racing, see Service Order No. 271, Dec. 30, 1944, 10 F.R. 50, and for vacating order No. 271-A, May 9, 1945, see 10 F.R. 5425. Subchapter C-Carriers by Water 325-PRESERVATION AND DESTRUCTION OF RECORDS [REVISED] 325.10 Joint bureaus and agencies. Nonoperating companies. Accidental destruction of accounts, records, and memoranda. 325.11 Duplicate accounts, records, and memoranda. 325.12 List of accounts, records, and memoranda, and periods of retention. Appendix. AUTHORITY: §§ 325.1 to 325.12, inclusive, issued under 34 Stat. 594, 35 Stat. 648-649, 54 Stat. 918 and 945; 49 U. S. C. 20 (7), (8), 913 (g). SOURCE: §§ 325.1 to 325.12, inclusive, contained in Order, July 2, 1945, effective Aug. 1, 1945, 10 F.R. 8667. NOTE: The following extracts from sections 317 and 313 of Part III of the Interstate Commerce Act are here quoted for convenient reference thereto by carriers: SECTION 317 (d). Any water carrier or other person, or any officer, agent, employee, or representative thereof, who shall willfully fail or refuse to make a report to the Commission as required by this part, or to make specific and full, true, and correct answer to any question within thirty days from the time it is lawfully required by the Commission so to do, or to keep accounts, records, and memoranda in the form and manner prescribed by the Commission, or shall willfully falsify, destroy, mutilate, or alter any report, account, record, memorandum, book, correspondence, or other document, required under this part to be kept, or who shall willfully neglect or fail to make full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions as required under this part, or shall willfully keep any accounts, records, or memoranda contrary to the rules, regulations, or orders of the Commission with respect thereto, or shall knowingly and willfully file with the Commission any false report, account, record, or memorandum, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was in whole or in part committed, be subject for each offense to a fine of not more than $5,000. As used in this subsection the word "keep" shall be construed to mean made, prepared, or compiled, as well as retained. SECTION 313 (g). The Commission may issue orders specifying such operating, accounting, or financial papers, records, books, blanks, tickets, stubs, correspondence, or documents of water carriers or lessors as may, after a reasonable time, be destroyed, and prescribing the length of time the same shall be preserved. This part pertains only to the accounts, records, and memoranda named or described herein. Destruction of all accounts, records, and memoranda except as specifically provided in the regulations is subject to penalties contained in section 20 and section 317 of the act. It is not intended that this part shall be interpreted as requiring that the records herein named shall be installed, when such records are not already kept by a carrier. § 325.1 Authority to destroy certain records. Each and every carrier by water subject to Part I or Part III of the Interstate Commerce Act and each and every trustee, receiver, executor, administrator, or assignee of any such carrier, is permitted to destroy the accounts, records, and memoranda named or described in this part, after preserving the same for the periods of time respectively specified and upon complying with the requirements of this part. This part does not exempt carriers by water from compliance with any other statutory requirements for the preservation of accounts, records, and memoranda for longer periods than those herein specifiled. § 325.2 Preservation of other records(a) Special permission to destroy. (1) The destruction of all accounts, records, and memoranda of such carriers, except as specifically provided in this part, is prohibited under penalties contained in section 20 and section 317 of the Interstate Commerce Act. (2) However, in case any such carrier desires to destroy any accounts, records, or memoranda other than those hereinafter named it may petition the Commission to that effect, stating a full and detailed description of the accounts, records, or memoranda in question, clearly explaining their character, their use, and their purpose; it being understood that any order entered by the Commission on any such petition shall, unless otherwise provided, be limited in its force and effect to the particular carrier presenting such petition. (b) Photographic copies. Carriers by water may be granted authority to preserve photographic copies of certain records in lieu of original records or copies thereof. Application for authority shall be filed in the form of a letter which shall describe the particular records intended to be preserved by this method and the process to be used. § 325.3 Officer having supervision of destruction.1 (a) An officer, or, where necessities require, two officers, shall be appointed by the board of directors of the carrier to have supervision of the destruction of accounts, records, and memoranda. Carriers operated as sole proprietorships or partnerships shall appoint one or two persons to supervise the destruction of accounts, records, and memoranda. Such officer or officers, or such other person or persons, may be given (1) general supervision of the destruction of all accounts, records, and memoranda the destruction of which is permitted by this part, or (2) authority over the destruction of such of these accounts, records, and memoranda as may be specified by the board of directors, the sole proprietor, or the partners. Pending action by the board of directors, a temporary appointment by an executive committee or by a similarly authorized committee of the board of directors, shall have the same effect as if made by the board of directors. A copy of the resolution or certificate of appointment shall be filed promptly with the Commission before the accounts, records, and memoranda are destroyed. (b) If the property of a carrier is in the hands of a trustee, receiver, executor, administrator, or assignee, the officer or officers to have supervision of the destruction of accounts, records, and memoranda shall be designated by the trustee, receiver, executor, administrator, or assignee. A copy of the order designating such officer or officers shall be filed with the Commission before the accounts, records, and memoranda are destroyed. (c) In designating an officer or officers, or other person or persons, to have general supervision of the destruction of accounts, records, and memoranda it is preferable to designate by title only, rather than by name and title, to obviate the necessity of designation each time a successor in the office is appointed. § 325.4 Written authority of officer having supervision of destruction. (a) 1 In all respects, references in this part to an officer or to officers having supervision over the destruction of records, shall be understood to include any person or persons acting in that capacity for a carrier other than a corporation. When any accounts, records, or memoranda are to be destroyed, an officer having supervision of the destruction of accounts, records, or memoranda (as designated in compliance with § 325.3 (a) and (b) shall issue a written authority naming the person or persons by whom the accounts, records or memoranda are to be destroyed (except as provided in § 325.11). (b) The written authority (1) may be confined to certain accounts, records, and memoranda which have been retained for the periods of time specified in these regulations and which the carrier then desires to destroy, in which case it shall indicate: First. A list of the accounts, records, or memoranda to be destroyed, expressed either in form numbers or by descriptive titles; and, Second. The period or periods covered by the accounts, records, or memoranda the destruction of which is authorized; or (2) may be of continuing effect, applying to any or all of the accounts, records, and memoranda named herein as the periods of retention of such accounts, records, or memoranda attain the limits specified herein. (c) Such written authority, or a certified copy thereof, shall be filed in the office of the issuing officer as a permanent part of the carrier's records. It is not required that copies of these specific written authorities be filed with the Commission. $325.5 Certificates of destruction. (a) The person or persons upon whom devolves the duty of the direct supervision of the destruction of the accounts, records, or memoranda under the authority referred to in § 325.4 (a) and (b) (1) shall make certificate (except as provided in §§ 325.5 (d) and 325.11) setting forth that the accounts, records, or memoranda listed in the said authority have been destroyed and that no accounts, records, or memoranda other than those so listed have been destroyed therewith. (b) If an authority as referred to in $325.4 (b) (2) is given, a certificate of destruction shall be made listing by form numbers and descriptive titles the accounts, records, and memoranda destroyed, naming the period or periods covered by the accounts, records, or memoranda, and stating that no ac counts, records, or memoranda other than those so listed have been destroyed therewith. Either (1) a separate certificate shall be made each time any accounts, records, or memoranda are destroyed, or (2) cumulative certificates shall be made with entries each time any accounts, records, or memoranda are destroyed. (c) Certificates of destruction shall be forwarded promptly to the officer having supervision of the destruction of accounts, records, and memoranda who issued the written authority and shall be retained in his office as a permanent part of the carrier's records. In case cumulative certificates are made they shall be forwarded to such officer periodically, but at least once every six months. It is not required that copies of these specific certificates of destruction be filed with the Commission. (d) Certificates of destruction need not be made for accounts, records, and memoranda, the destruction of which, in the list in § 325.12 hereof, is made optional with the carrier, but a written authority, either for specific records or of continuing effect (except as provided in § 325.11), shall be issued by the officer having supervision of the destruction of such accounts, records, and memoranda. § 325.6 Committee for destruction of certain records. At the option of the carrier a committee may be designated to destroy by conversion into pulp or by cremation, canceled stock certificates, bonds, or other records covered by Item 6 of § 325.12, in lieu of delegating the authority for the destruction to an officer as provided in § 325.3 (a). A copy of the resolution of the board of directors naming such committee, or if the carrier is not a corporation a copy of the designating order, shall be filed promptly with the Commission. A certificate of destruction giving full descriptive reference to the documents destroyed shall be made by this committee and it shall be permanently retained by the carrier. (See § 325.5 (c).) When documents represent debt secured by mortgage, the certificates of destruction shall also be authenticated by or for the trustees under the mortgage acting in conjunction with this committee or shall have the trustees' acceptance thereon. § 325.7 Joint bureaus and agencies. This part applies also to the destruction |