ized committee of the board of directors, shall have the same effect as if made by the board of directors. A copy of the instrument designating such officer or officers shall be filed promptly with the Commission before the destruction of accounts, records, and memoranda.

(b) If the property of a freight forwarder is in the hands of a trustee, 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, executor, administrator, or assignee. A copy of the instrument designating such officer or officers shall be filed promptly with the Commission before the destruction of accounts, records, and memoranda.

(c) In designating an officer to have general supervision of the destruction of accounts, records, and memoranda it would be preferable to designate by title only, rather than by name and title, and thus obviate the necessity of filing a new resolution each time a successor in the office is appointed.

17 F. R. 10259, as amended at 11 F. R. 9039]

$ 450.4 Written authority of officer having supervision of destruction. (a) 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 § 450.3 (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 § 450.10).

(b) (1) The written authority may be confined to certain accounts, records, and memoranda which have been retained for the periods of time specified in the regulations in this part, and which the freight forwarder then desires to destroy in which case it shall indicate:

(i) A list of the accounts, records, or memoranda to be destroyed, expressed either in form numbers or by descriptive titles; and

(ii) The period or periods covered by the accounts, records, or memoranda the destruction of which is authorized, or

(2) The written authority may be of continuing effect, applying to any or all of the accounts, records, and memoranda named herein as the periods of reten

tion 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 freight forwarder's records. It is not required that copies of the written authorities be filed with the Commission.

§ 450.5 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 § 450.4 (a) and (b) shall make certificate (except as provided for in paragraph (d) of this section and § 450.10) setting forth that the accounts, records, or memoranda listed in the said authority have been destroyed and that no other accounts, records, or memoranda than those so listed have been destroyed therewith.

(b) If an authority as referred to in § 450.4 (b) (2) is given, a certificate of destruction shall be made listing either by form numbers or descriptive titles the accounts, records, and memoranda destroyed, naming the period or periods covered by the accounts, records, or memoranda, and stating that no other accounts, records, or memoranda 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 freight forwarder's records. If 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 the 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 § 450.11, is made optional with the freight forwarder, but a

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written authority, either for specific records or of continuing effect (except as provided for in § 450.10) shall be issued by the officer having supervision of the destruction of such accounts, records, and memoranda.

§ 450.6 Committee for destruction of certain records. At the option of the freight forwarder the board of directors may from time to time name a committee to destroy canceled stock certificates, bonds, or other records covered by item 5 of § 450.11 in lieu of delegating the authority for the destruction to an officer, as provided in § 450.3 (a). Certificates of destruction giving full descriptive reference to the documents destroyed shall be made by the person or persons appointed by the officer having supervision of the destruction of records or by the committee. When documents represent debt secured by mortgage, the certificates of destruction shall also be authenticated by representatives of the trustees acting in conjunction with the committee or shall have the trustees' acceptance thereon.

$ 450.7 Joint bureaus and agencies. The regulations in this part apply also to the destruction of accounts, records, and memoranda of traffic associations and other joint agencies maintained by or on behalf of freight forwarders. The manager, chairman, or other officer in charge of the association, bureau, etc., may be delegated by the designated officer of each of the freight forwarders to have supervision of the destruction of accounts, records, and memoranda of the association, etc., and in that event he shall issue all authorities for such destruction, and certificates of destruction shall be filed with him. Otherwise a written authority shall be secured from the proper officer of the member freight forwarders concerned each time any of the accounts, records, or memoranda are to be destroyed, and a certificate of destruction shall be filed with each such officer.

$ 450.8 Method of destruction. (a) The precise method of the destruction of accounts, records, or memoranda is not prescribed. The Commission is not concerned with the method of destruction, whether by fire, sale, or otherwise, so long as the destruction is authorized and a certificate of destruction is filed as required by the regulations in this part.

(b) If the accounts, records, and memoranda are not actually destroyed by the

freight forwarder, but are disposed of by sale or otherwise, the certificate of destruction shall so state. Attention is directed to section 421 (f) of the Interstate Commerce Act, which provides that a freight forwarder shall not divulge to any person information concerning the business of a shipper or consignee which may be used to the detriment of such shipper or consignee. Responsibility for possible infringement of this provision of the law by disposing of its records by other than actual destruction would rest with the freight forwarder.

§ 450.9 Accidental destruction of accounts, records, and memoranda. If any accounts, records, or memoranda are destroyed accidentally by fire, flood, or other casualty, a statement shall be prepared listing as far as may be possible the records destroyed and detailing the circumstances in connection with the fire or other casualty. This statement shall be authenticated by an officer or some responsible employee of the freight forwarder and shall be filed with the officer having supervision of the destruction of accounts, records, and memoranda. A copy of the statement shall be filed promptly with the Commission.

$ 450.10 Duplicate accounts, records, and memoranda. Provision is made in item 53 of § 450.11 for the optional destruction of duplicate copies of accounts, records, and memoranda when such copies are not specifically provided for elsewhere in the regulations in this part, and when they contain no information not shown on the originals. In destroying such copies freight forwarders may dispense with the written authorities and the certificates of destruction. The originals (or one true copy) shall be retained for the respective periods named for such records in the regulations.

§ 450.11 List of accounts, records, and memoranda, and periods of retention. The following list, indicative of accounts, records, and memoranda of freight forwarders, is specifically referred to by the regulation embodied in § 450.1. The classification of the accounts, records, and memoranda enumerated below under the various headings is merely for convenient reference and is more or less arbitrary. The regulations are intended to apply to the items as named or described, regardless of the classification and regardless of where filed. Of the accounts, records, and memoranda which are to be retained