545.9 Side, terminal, and transfer service. 545.10 Responsibility for safety of the mail. 545.11 Designation of stopping points for safe exchange of mail. 545.12 Use of signs "U.S. Mail" or "United States Mail."

545.13 Power for canceling machines in cars. 545.14 Failure of service. 545.15 Evidence of performance to be submitted by transportation companies. 545.16 Deductions and fines.

AUTHORITY: The provisions of this Part 545 issued under R. S. 161, as amended; 5 U.S.C. 22, 39 U.S.C. 501, 6201-6215.

SOURCE: The provisions of this Part 545 appear at 26 F.R. 11623, Dec. 6, 1961, unless otherwise noted. Redesignated at 31 F.R. 15350, Dec. 8, 1966.

§ 545.1 Service authorized only by Department.

Mail transportation service on an electric railroad shall be established only by direct order of the Post Office Department. No increase, decrease, or change in the service ordered shall be made without first securing authority therefor from the Assistant Postmaster General, Bureau of Transportation. § 545.2 Railroad employees handling

mail regarded as agents of carrier. Any person employed by an electric railroad and designated to handle the mail shall be considered an agent of the carrier. Such employees need not be sworn as Postal Mobile employees. § 545.3 Compensation for transportation of mail covers transportation of postal employees and agents.

The compensation for the transportation of mail by an electric railroad shall include the transportation of Postal Service employees who accompany and distribute the mail and postal inspectors

and other duly accredited agents of the Department who are performing their duties. Such transportation shall be in cars carrying the mail or on trips designated by the Post Office Department. § 545.4 Construction,_equipment, and maintenance of RPO cars.

All railway post office cars or apartments used for the transportation of mail on an electric railroad route shall conform to the requirements stipulated by the Assistant Postmaster General, Bureau of Transportation. All such cars shall be constructed, painted, lettered, equipped, furnished, heated, lighted, and maintained by the companies performing the service, without expense to the Post Office Department.

§ 545.5 Use of and admission to RPO cars and RPO apartments.

No part of the space authorized in a railway post office car or apartment shall be used for other than mail purposes. Only authorized clerks, carriers, messengers, postal inspectors, and officers and agents of the Post Office Department shall be admitted to such cars and apartments. These persons shall be admitted only upon exhibition of their credentials. § 545.6 Regularly authorized RPO service.

Space in railway post office cars and railway post office apartments will be authorized in both directions of the authorized car run. In railway post office cars the space to be authorized will be the actual linear-foot inside measurement needed to accommodate the mail. § 545.7 Closed pouch service authorized monthly.

(a) The units of space to be authorized for closed pouch service shall be determined on the basis of count of pouches, sacks, and parcels.

(b) Whenever a regular authorization of closed pouch service is exceeded on more than 50 percent of the trips on any day of the week in any calendar month, the appropriate higher unit which was needed on more than 50 percent of trips on such day of the week shall be authorized on that day of the week. A regular authorization shall be reduced to the appropriate smaller unit on any day of the week on which a smaller unit would have accommodated the mail on more than 50 percent of the trips on such day of the week in any calendar month. This rule will not apply to the month of December. Changes in authorizations

based upon the operation of this rule in any month (except December) shall become effective on the first day of the succeeding month.

(c) Effective January 1, 1943, 14 pieces of mail (pouches, sacks, outside pieces, or a combination of these classes) will be considered as equivalent to 30 cubic feet of space in authorizing service. This determination is based on the result of the test during the period October 12-18, 1952.

(d) Where not more than 10 pouches, sacks, and parcels are regularly carried on a car constructed and operated primarily for passenger service with no separate compartment for mail, baggage, or express, one "ten-bag" unit will be authorized. Where more than 10 and not more than 28 pieces are regularly carried, a 60-cubic-foot unit will be authorized. Where more than 28 pieces are regularly carried, the appropriate cubic-foot unit (in multiples of 30 cubic feet, based on 30 cubic feet for each 14 pieces of mail or fraction of that number) will be authorized. The space unit required to accommodate the mails at any point on a mail route will be the space authorized for the "authorized car run" in this class of service. For example: Where a 60-cubic-foot unit is necessary over part of the route, and a "10-bag" unit is sufficient over the remainder of the route on the same trip, the authorization will be issued for a 60cubic-foot unit over the authorized car run of a given trip.

(e) In baggage or express cars or in baggage and express compartments in passenger cars, units of service may be increased or decreased at any point on the car run according to the requirements of the service. For example: A 60-cubic-foot unit (or other large unit) may be authorized over part of the car run, and a smaller unit over another part of the same run.

(f) Closed pouch space in passenger cars, in baggage and express cars, and in baggage and express compartments in passenger cars, will be authorized only between the points the mail is actually carried in either direction of the car run. Such authorization will be considered as the mileage of the "authorized car run."

(g) Space in independent cars will be authorized in both directions and paid for accordingly, unless the car or any part thereof is used by the electric railroad in the return movement. In inde

pendent car service, linear-foot space will be authorized in cars 36 feet or less in length to the extent of the full length of the car (inside measurement less any obstructions). In cars more than 36 feet in length, space will be authorized to the extent of 36 linear feet or such additional linear feet of space in the car as may be necessary to accommodate the mail. § 545.8 Excess service.

(a) When greater amounts of mail are carried than are provided for in the regular authorizations, transportation of the excess mail will be paid for as excess service. Upon approval of the Distribution and Traffic Manager, the postmaster may be authorized to employ excess service on additional trips and in independent cars. Additional service needed on an electric railroad during the Christmas holiday period each year should be employed as excess service.

(b) When a closed pouch unit is regularly authorized, the electric railroad's claim for excess mail should be based on 30 cubic feet of space (or multiple thereof) at the prevailing rate for additional mail.

(c) Where an independent car or railway post office service is regularly authorized, the excess service should be requested for a separate unit of closed pouch service. If service becomes necessary on additional trips or in additional independent cars, the postmaster or other Department representative should make requisition on the electric railroad before the service is to be performed. Railroad employees shall accept all mail offered on trips on which regular service is authorized. The railroad shall be entitled to compensation for carrying any excess mail, without further authorization.

(d) Electric railroads are not permitted to carry mail on trips on which space is not regularly authorized, unless requested to do so by a postmaster or by an authorized official of the Post Office Department.

§ 545.9 Side, terminal, and transfer service.

(a) When performed by an electric railroad over whose line the transportation of mail is authorized. The railroad shall accept the mail from and deliver it into each post office, mail station, or other point of exchange, when required to do so by the Post Office Department. The railroad will receive separate compensation for such service

unless it is performed directly contiguous to the line.

(b) When performed by the Department. At any point where service is not required to be performed by the electric railroad, the postmaster (if of the fourth class) may be required to transfer mail over slight distances between the cars and the post office without expense to the Department. Where the post office or mail station is located a considerable distance from the point of exchange with the cars, the Department will make provision for the carriage of the mail. Where the train service and agency conditions are similar to those found in the railroad service, the applicable provisions of § 511.9 (c) of this chapter relative to the exchange of mail shall be observed.

§ 545.10 Responsibility for safety of the mail.

(a) An electric railroad authorized to perform mail transportation service shall be held responsible for the safety and security of the mail while in the custody of its employees. Where service and conditions are similar to those found in the railroad service, the applicable provisions of § 511.15 (f) of this chapter, relating to responsibility for protection of mail, shall be observed.

(b) In the transportation of mail, the Department is not restricted to the use of the vestibule platform of passenger cars. The mail should be carried in any available space where it can be safeguarded.

§ 545.11 Designation of stopping points for safe exchange of mail.

Where necessary to effect the safe exchange of mail, an electric railroad shall be required to stop its cars at the points designated by the Post Office Department.

In the event of an electric railroad's failure to provide for the transportation of mail in accordance with the Department's requirements, temporary mail service by some other mode of conveyance shall be authorized by the Assistant Postmaster General, Bureau of Transportation.

§ 545.15 Evidence of performance to be submitted by transportation companies.

An electric railroad shall submit monthly evidence of the performance of service. This evidence shall be submitted through the Postal Service on the form prescribed by the Post Office Department.

§ 545.16 Deductions and fines.

The provisions of § 511.15 of this chapter, pertaining to deductions and fines which may be imposed on railroads for service failures and delinquencies, shall also apply to electric railroads.

(a) To certified blind persons. Blind persons, when available and duly certified by a State licensing agency, designated by the Department of Health, Education, and Welfare,shall be authorized and have preference in the installation and operation of vending stands on property operated, maintained, and protected by the Post Office Department, provided that in the judgment of the Post Office Department, the installation and operation of the stands are considered practicable and will not unduly inconvenience the Post Office Department or adversely affect the interests of the United States.

(b) Preparation and submission of applications. Applications for installation and operation of vending stands, including vending machines, to be operated by licensed blind persons, shall be submitted by the State licensing agency in quadruplicate on the form provided by the Department of Health, Education and Welfare to the postal official in charge of the building involved for his recommendation for approval or disapproval. If the official in charge recommends approval he shall sign all four copies on the line designated "Officer in charge of building" and transmit all copies to director, engineering and facilities division for the region in which the building is located for approval or disapproval. If an application by a State licensing agency for a permit to establish a vending stand under the RandolphSheppard Vending Stand Act is not recommended for approval by the official in charge, the transmittal shall show reasons for the disapproval. Applications submitted by postal officials will be reviewed by the director, engineering and facilities division. If approved by him, he will sign all four copies of the form on the line designated "Official of U.S. Department having jurisdiction over building" and will retain one copy. Three copies, indicating the action taken, will be returned to the official concerned. He shall retain one copy in his files and transmit the others to the State licensing agency making application. If the director, engineering and facilities division disapproves the application he shall advise the postmaster and applicant of the reasons.

(c) Reports. At the end of each fiscal year the director, engineering and facilities division shall report to the Director, Realty Division, Bureau of Facilities, the

number of applications for vending stand permits received during the fiscal year, number accepted, number denied, and number still pending in his region.

(d) Appeals-(1) Installation, maintenance, and operation. If an application by a State licensing agency for a permit to install and operate a vending stand is not approved by the director, engineering and facilities division, the agency may appeal his decision. The appeal shall be made within 10 days to the Assistant Postmaster General, Bureau of Facilities through the Regional Director in the region denying the application. Upon appeal the Regional Director will direct a full investigation obtaining a report from the director, engineering and facilities division and from the State licensing agency. The Regional Director will report his findings and make recommendation within 20 days after receipt of the appeal to the Assistant Postmaster General, Bureau of Facilities who will render a final decision for the Post Office Department within 90 days of filing of the appeal. The appellate procedure is also available when the State licensing agency and the local installation's manager or the director, engineering and facilities division, fail to reach agreement concerning revocation or modification of a permit, suitability of a stand location, or method of operation of the stand. After a review of the findings, if in the judgment of the Regional Director the appeal should be allowed, he shall notify the State licensing agency without forwarding the case to the Assistant Postmaster General, Bureau of Facilities. If he determines the decision of the director, engineering and facilities division, or the local installations manager should be upheld, he must notify the Assistant Postmaster General, Bureau of Facilities, who will make the final decision.

(2) Services and assignment of proceeds. If the local installation's manager and the State licensing agency fail to reach agreement concerning the assignment of proceeds or services to be rendered by the vending stand operator (including articles which may be sold) a State licensing agency may appeal the decision. The appeal shall be made within 10 days to the Assistant Postmaster General, Bureau of Personnel, through the Regional Director in the region denying the application. Upon appeal the Regional Director will direct a full investigation obtaining a report from the special assistant for employee

relations and from the State licensing agency. The Regional Director will report his findings and make recommendation within 20 days after receipt of the appeal to the Assistant Postmaster General, Bureau of Personnel, who will render a final decision for the Post Office Department within 90 days of filing of the appeal. After a review of the findings, if in the judgment of the Regional Director the appeal should be allowed, he shall notify the State licensing agency without forwarding the case to the Assistant Postmaster General, Bureau of Personnel. If he determines the decision of the special assistant for employee relations or local installation's manager should be upheld, he must notify the Assistant Postmaster General, Bureau of Personnel, who will make final decision.

(e) Approval of equipment plans. Vending equipment shall be designed, arranged, and installed in a manner to facilitate sanitary operation. Plans of proposed vending stand equipment shall be submitted by the State licensing agency to the official in charge of the postal installation for approval prior to installation.

(f) Outside firms. (1) When Employee Welfare Committees contract with outside firms to install, operate and maintain vending machines, contract must specify that:

(i) The vending machine company which is awarded the contract shall hire visually handicapped persons to the maximum extent possible to operate, maintain, and service the machines; and

(ii) The contractor shall train the visually handicapped personnel in the operation of vending machines.

(2) Contracts in effect on March 16, 1965, will not be affected by instructions in subparagraph (1) of this paragraph, until their expiration.

§ 614.2 Installation, maintenance, and

operation.

(a) Installation and maintenance. Installation, maintenance, repair, replacement, servicing, or removal of vending stand equipment or vending machines shall be without expense to the Post Office Department except that the cost of utilities required to operate vending stands and vending machines under the control of blind persons authorized to operate such stands and machines will be borne by the Post Office Department. In the case of vending stands and vending machines op

erated by employees' committees, the Department shall be reimbursed for utilities.

(b) Operation—(1) Sanitation standards. Vending stands shall be operated in compliance with local health and sanitation standards and codes.

(2) Cleaning and janitor service. The operator shall arrange for cleaning and janitor service sufficient to maintain vending areas at stands and machines in a clean and orderly condition.

(3) Violations. Authorization for establishing a vending stand, with the regulations and policies established by the Post Office Department and State licensing agency, shall govern the operation of each vending stand. Ordinarily, dayby-day matters concerning the operation of the stand can best be resolved on a local basis with the blind operator. Officials in charge should not confer with attorneys or others claiming to represent blind operators. Violations of regulations or policy, and other unresolved relevant matters, must be reported to the State licensing agency. If appropriate corrective action is not taken, the installation head shall notify the director, engineering and facilities division who will resolve the matter or submit it to the Department with all facts so that it can in turn be resolved by the Department with the Department of Health, Education, and Welfare. If the matter concerns vending machines operated by postal employee committees, or otherwise concerns postal employees, the director, engineering and facilities division will coordinate with the director, personnel division, in resolving the issues. § 614.3 Modification, relocation or re

moval.

The Post Office Department reserves the right to require State licensing agencies to arrange for modifications, removal, or relocation of vending stands established under the Randolph-Sheppard Vending Stand Act (20 U.S.C. 107-107f) when necessary because of changes in building operations or space requirements.

§ 614.4 Articles to be sold or vended.

(a) Approved articles. Vending of the following at vending stands operated by licensed blind persons is approved: newspapers, periodicals, confections, tobacco products, articles in individual containers or wrappers in which they are placed before receipt by the vending