(b) Requests for passes for or on account of officers or employees of a carrier subject to these regulations other than the carrier issuing the pass, must be over the signature of the officer of the carrier designated to issue passes. If this signature is not an autograph, the method of affixing it must satisfy the carrier honoring the request that the request is by authority of the designated officer. (c) Requests for passes for any persons not covered by paragraphs (a) and (b) of this section must be signed by the persons making such requests. § 1271.15 Signatures of users of passes. (a) All passes must bear the signatures of the users, preferably in ink. On the back of each pass must appear a statement that the holder is not prohibited by law from receiving free transportation, and that the pass will be lawfully used. This statement may be shown among other conditions, if any, and must be subscribed to by the holder. (b) A pass issued for a number of persons, but naming only one person, such as John Smith, garage foreman, and six employees of A. & B. Bus Line. George Jones and two daughters. need be signed only by the person whose name appears on the pass. (c) A pass issued for a number of persons, the names of all appearing on the pass, such as William Brown and Edgar Moore, mechanics. must be signed by the users, whether the pass is used by one or by more than one of the persons named thereon; except that such pass when issued to the members of a family need be signed only by one of the persons using it. 81271.16 Tickets in lieu of passes. (a) Detectives and others engaged in similar work and, in cases of emergency, employees and others entitled to free transportation, may be furnished with regular passenger tickets or may be permitted to purchase tickets and have the amounts paid therefor afterwards refunded in whole or in part. In such cases the ticket agent's report of the tickets "without value," or "reduced fare," or the vouchers refunding amounts paid for the tickets, must be supported by the authority of the officer authorized to is sue passes. Applications for refunds of fares paid or the authorities for such refunds must show the same information as is required to be shown on the requests for passes referred to in § 1271.11 (b). Carriers must be prepared to furnish adequate evidence that the persons So designated were actually engaged in the service shown on the authorities. (b) The use of a special form of free ticket, according to the holder certain privileges or accommodations, such as the use of limited buses, is prohibited. If such a form is desired, it must be issued in regular pass form. § 1271.17 Record of free and reducedrate tickets issued. A complete record of all tickets issued in lieu of passes, including tickets for which the fares have been refunded in whole or in part as well as those issued free or at reduced rates must be maintained by carriers and filed in the office of the officer authorizing such issuance or refund. This record must show the date; form and number of ticket; stations from and to; name and address or other designation of person to whom issued; account of issuance (in accordance with § 1271.9); amount of fare; and name of officer authorizing the issuance of free ticket or refund of fare paid. (See Form 7, § 1271.27(g).) 81271.18 Free transportation without passes. (a) At the option of carriers, the following designated persons may be given passage or other accommodations without passes, when in the actual performance of their duties: Drivers. Student drivers. Drivers' helpers. Hostesses (conductorettes) on buses. Lecturers and guides on buses. Other employees engaged in the transportation or maintenance work of the carrier, requiring their transfer from one point to another in the performance of such duties; provided, that in lieu of passes such employees be supplied with checks, badges, uniforms, or other evidence which will establish their identity as bona fide employees entitled to receive passes. (b) In cases of wrecks, epidemics, or other calamitous visitations, persons not prohibited by law from receiving free transportation may be accorded such transportation without passes. In such cases a general statement of the facts must be made by drivers and filed with reports of passes honored. (c) Carriers are not required to issue passes for the free transportation wholly within any one municipality of their employees and others not prohibited by law from receiving free transportation; provided, that persons so transported are distinguishable by badges, cap emblems, or uniforms indicative of their service. § 1271.19 United States Post Office Department commissions. Commissions issued by the United States Post Office Department may be accepted for the passage of officers and employees of that department when traveling on official business. (See § 1271.24 (b).) § 1271.20 Extension of time limit of passes. The time limit of a pass may be extended by an indorsement thereon, provided that appropriate record is maintained showing the final limit of passes so endorsed. § 1271.21 Records of passes issued. (a) A complete record of each pass issued must be kept by carriers subject to these regulations. This record must supply information as indicated by the headings on the forms hereinafter prescribed appropriate for the class of pass to be recorded, and such information must correspond with that appearing on the pass and request. In space provided for "Accommodations, etc.," on the record of annual and term passes issued, must be shown all accommodations and services included on the pass. (b) Annual and term passes issued must be recorded on sheets or cards prepared similar to Forms 5 or 6 (§ 1271.27 (e) and (f)). (1) If Form 5 (§ 1271.27(e)) is adopted, the passes must be entered either in numerical order or in alphabetical order according to the surnames of the person to whom the passes are issued. When passes are entered in numerical order, an alphabetical index by names shall be maintained; when entered in alphabetical order, a numerical index showing name shall be maintained. (2) If Form 6 (81271.27(f)) adopted, the cards must be filed either in numerical order or in alphabetical order according to the surnames of the persons to whom the passes are issued. When is cards are filed in numerical order, an alphabetical index by names shall be maintained; when filed in alphabetical order, a numerical index showing name shall be maintained. In lieu of the index required in this paragraph, if desired, records on this form may be made in duplicate with one set of cards filed in numerical order and the other set filed in alphabetical order according to the surnames of the persons to whom the passes are issued. (3) The numerical records or indexes must be kept separately by forms and series of passes; the alphabetical records or indexes may be kept either by forms and series of passes or in one complete alphabetical list for the entire issue. (c) When the numbers of passes issued are shown in strict numerical order on requests received for annual and term passes, such requests may constitute the numerical index required in paragraph (b) of this section, provided that any numerical index so maintained shall be complete and shall contain not more than one series of numbers nor more than one form of pass. (d) The record of trip passes issued shall be kept on the stubs or carbon coples of trip passes. Full information must be shown on the stub or carbon copy of each trip pass, as provided on Form 2 (§ 1271.27(b)); and this information must conform to the data on the pass and coupon. (e) The record of commuter passes shall be kept on Form 5 (§ 1271.27(e)) or Form 6 (§ 1271.27(f)), if issued in card or book form, or on the stubs, if issued in coupon form with stub. These records must be maintained in the same manner as is provided for annual, term, or trip passes. (f) If a pass is canceled, returned, or lost, the fact must be stated on the record, with the date of cancellation, return, or loss entered. (g) The records of passes issued must be filed in such manner as to be accessible and convenient for examination. § 1271.22 Records of requests on other carriers for passes. (a) Requests on other carriers for passes must be made in duplicate, and the duplicate copies must be retained by the requesting carrier and filed in such manner as to be accessible and convenient for examination. When a pass is received, its number must be noted on the duplicate of the request. (b) Notices received from other carriers advising of the issuance of passes under the provisions of § 1271.12(b) shall be filed in the office in which are filed copies of requests on other carriers for passes. § 1271.23 Filing passes. All passes collected and passes spoiled or returned must be filed in such manner as to be readily accessible and convenient for examination. § 1271.24 Reports of free transportation. Reports of persons receiving free transportation shall be made in accordance with the following provisions. (a) Travel performed on transportation certificates or similar authorities issued in accordance with the laws of a State which require designated officers to be accorded free transportation while on journeys entirely within the limits of such State, must be reported in the same manner as travel performed on annual or term passes. (b) Travel performed on commissions issued by the United States Post Office Department must be shown on driver's report of passes honored. (c) Drivers or ticket collectors must make reports of annual and term passes honored, and of persons receiving free transportation without passes as provided in § 1271.18(b). If desired, such reports may be combined with drivers' reports of revenue passengers, provided the required information is shown. (d) Trip passes collected shall in all cases be indorsed or punched so as to indicate the date and schedule number on which used, and in addition thereto: (1) If a trip pass is honored for passage between stations other than those named on its face and is collected, the driver or ticket collector shall indicate upon it by punch or endorsement the stations between which it actually is used. (2) If a trip pass is honored for passage between stations other than those named on its face and is not collected, the driver or ticket collector shall report the use of the pass on driver's report in the same manner as provided for annual and term passes. § 1271.25 Carriers' pass rules. Each carrier shall maintain in its files copies of all its general rules and instructions in effect governing the issuance and use of passes. [36 F.R. 23068, Dec. 3, 1971] § 1271.26 Pass and pass record forms. (a) Passes must be issued and records kept substantially in accordance with the forms hereinafter prescribed. Except as provided for elsewhere in these regulations the forms indicate the nature of the information required and the order in which it shall appear. If, however, there is insufficient space on the face of any pass to show all the information required, reference may be made to the back of pass, where it shall be shown. (b) Carriers may include any additional matter in the pass forms or record forms, but such additional matter must not be permitted to impair the information required in the prescribed forms or to affect the order in which it is given. § 1271.27 List of Forms. (a) Form 1-Annual or term pass. (b) Form 2-Trip pass. (c) Form 3-Commuter pass. (d) Form 4-Record of pass stock. (e) Form 5-Record of annual and term passes issued, book record. (f) Form 6-Record of annual and term passes issued; card record. (g) Form 7-Record of free and reduced-rate tickets issued. (h) Form 8-Requests from carrier's officers and employees for passes. (i) Form 9-Request on another carrier for trip passes. (j) Form 10-Request on another carrier for annual or term passes. (k) Form 11-Acknowledgment of passes issued without written request. (1) Form 12-Notification of passes issued without written request. § 1280.3 Commission review committee. The Commission review committee shall consist of the Chairman of the Interstate Commerce Commission who shall serve as Chairman; the General Counsel, who shall serve as Vice Chairman; the Secretary of the Commission; and the Managing Director; and the Administrator of the Bureau or Office originating a document which has to be classified. § 1280.4 Review of classified material for declassification purposes. (a) Mandatory review of exempted material. All classified information and material originating in the Interstate Commerce Commission after March 1, 1973, which is exempt from the General Declassification Schedule, and classified information originating in the Commission prior to March 1, 1973, assigned to Group 1, 2, or 3 of Executive Order 10501, as amended, shall be subject to a classification review by the originator at any time after the expiration of 10 years from the date or origin provided: (1) A department or member of the public requests a review; (2) The request describes the record with sufficient particularity to enable the Commission to identify it; and (3) The record can be obtained with only a reasonable amount of effort. (b) Systematic reviews. All information and material classified after March 1, 1973, and determined in accordance with Chapter 21, 44 U.S.C. to be of sufficient historical or other value to warrant preservation shall be systematically reviewed on a timely basis by each Bureau or Office of the Commission for the purpose of making such information and material available to the public in accordance with the determination regarding declassi fication made by the classifier. During each calendar year, each Bureau or Office shall segregate to the maximum extent possible all such information and material warranting preservation and becoming declassified at or prior to the end of such year. Promptly after the end of such year, the Commission or the Archives of the United States if transferred thereto, shall make the declassified information and material available to the public to the extent permitted by law. (c) Review for declassification of classified material over 10 years old. Members of the public or departments may direct requests for mandatory review for declassification under section 5 (C) and (D) of Executive Order 11652 (hereafter referred to as the Order) to the Office of the Secretary, Interstate Commerce Commission, Washington, D.C. 20423. The Secretary shall in turn assign the request to the appropriate bureau or office head for action. In addition, the Secretary of the bureau or office which has been assigned action shall immediately acknowledge receipt of the request in writing. If the request requires the rendering of services for which fair and equitable fees should be charged pursuant to 31 U.S.C. 483 (a) the requester shall be so notified. The bureau or office which has been assigned action shall thereafter make a determination within 30 days of receipt or shall explain the reasons why further time is necessary. If at the end of 60 days from receipt of the request for review no determination has been made, the requester may apply to the Commission review committee for a determination. Should the bureau or office assigned action on a request for review determine that under the criteria set forth in section 5(B) of the Order a continued classification is required, the requester shall promptly be notified, and whenever possible, provided with a brief statement as to why the requested information or material cannot be declassified. The requester may appeal any such determination to the Commission review committee and the notice of determination shall advise him of this right. (d) Appeals to the Commission review committee for declassification. The Commission review committee shall establish procedures to review and act within 30 days upon all applications and appeals regarding requests for declassification. The review committee is authorized to overrule previous determinations in whole or in part when, in its judgment, continued protection is no longer required. If the committee determines that continued classification is required under the criteria of section 5(B) of the Order it shall promptly so notify the requester and advise him that he may appeal the denial to the Interagency Classification Review Committee. (e) Review of classified material over 30 years old. A request by a member of the public or by a Department, to review for declassification, documents more than 30 years old, shall be referred directly to the Archivist of the United States and he shall have the requested documents reviewed for declassification. If the information or material requested has not been transferred to the General Services Administration for accession into the Archives, the Archivist shall, together with the Chairman of the Commission, have the requested documents reviewed for declassification. Classification shall be continued in either case only where the Chairman of the Interstate Commerce Commission makes at that time the personal determination required by section 5(E) (1) of the Order. The Archivist shall promptly notify the requester of such determination and of his right to appeal the denial to the Interagency Classification Review Committee. (f) Burden of proof for administrative determinations. For purposes of administrative determinations under paragraph (c), (d), or (e) of this section, the burden of proof is on the originating Agency to show that continued classification is warranted within the terms of the Order. (g) Availability of declassified material. Upon a determination under paragraph (c), (d), or (e) of this section, that the requested material no longer warrants classification, it shall be declassifled and made promptly available to the requester, if not otherwise exempt from disclosure under section 552(b) of title 5 U.S.C. (Freedom of Information Act) or other provision of law. As required by section 5(C) of the Order, a request for classification review must describe the document with sufficient particularity to enable the Commission to identify it with a reasonable amount of effort. Whenever a request is deficient in its description of the record sought, the requester should be asked to provide additional identifying information whenever possible. Before denying a request on the grounds that it is unduly burdensome, the requester should be asked to limit his request to records that are reasonably obtainable. If nonetheless the requester does not describe the records sought with sufficient particularity, or the record requested cannot be obtained with a reasonable amount of effort, the requester shall be notified of the reasons why no action will be taken and of his right to appeal such decision. § 1280.5 Historical research and access by former Government officials. (a) Upon written request, persons outside the executive branch engaged in historical research projects or persons who have previously occupied policymaking positions to which they were appointed by the President, other than those referred to in section II of the Order, may have access to classified national security information if the Chairman: (1) Determines that access is clearly consistent with the interests of national security; and (2) Takes appropriate steps to assure that classified information, or material is not published or otherwise compromised. Access granted a person by reason of his having previously occupied a policymaking position shall be limited to those papers which the former official originated, reviewed, signed or received while in public office. (b) Every applicant for access shall, beforehand, agree in writing to the following: (1) That he will protect any classified information made available to him in accordance with provisions of the Order. (2) To a review of his notes and manuscript for the sole purpose of determining that no classified information or material is contained therein. PARTS 1281–1299 [RESERVED] |