single car. 500.79 Communications. Appendix.

AUTHORITY: §§ 500.1 to 500.79 issued under sec. 301, 56 Stat. 177, as amended; 50 U. S. C., App., 633; E. O. 8989, Dec. 18, 1941, 6 F. R. 6725, 3 CFR, 1943 Cum. Supp., E. O. 9156, May 2, 1942, 7 F. R. 3349, 3 CFR, 1943 Cum. Supp., E. O. 9214, Aug. 6, 1942, 7 F. R. 6097, 3 CFR, 1943 Cum. Supp., E. O. 9294, Jan. 4, 1943, 8 F. R. 221, 3 CFR, 1943 Cum. Supp.,

E. O. 9389, Oct. 18, 1943, 8 F. R. 14183, 3 CFR 1943 Supp., E. O. 9729, May 23, 1946, 11 F. R. 5641, 3 CFR, 1946 Supp., E. O. 9919, Jan. 3, 1948, 13 F. R. 59, 3 CFR, 1948 Supp.

MERCHANDISE TRAFFIC

SOURCE: $$ 500.1 to 500.8a contained in Revised General Order ODT 1, 11 F. R. 8229, except as noted following section affected.

§ 500.1 Definitions. As used in §§ 500.1 to 500.8a, inclusive, or in any permit or regulation hereunder, the term:

(a) "Person" means any individual, partnership, corporation, association, joint stock company, business trust, or other organized group of persons, or any trustee, receiver, assignee, or personal representative, and includes any department or agency of the United States, any State, the District of Columbia, or any other political, governmental or legal entity;

(b) "Carrier" means a common carrier by railroad, a common carrier by motor vehicle, or a common carrier by water;

(c) "Car" or "cars" means any roofed or permanently covered railroad freight car other than a tank car or a covered hopper car;

(d) "Merchandise" means property transported by a carrier in a car at lessthan-carload or at any quantity rates and includes property of a quantity less than the applicable tariff carload minimum weight upon which the charges at the carload rate and carload minimum

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weight applicable thereto are more than if rated at the published less-than-carload rate at actual weight.

Applicability. § 500.2 The provisions of §§ 500.1 to 500.8a, inclusive, shall be applicable only in the 48 States and the District of Columbia.

§ 500.3 Loading of cars. Except as hereinafter provided, no common carrier by railroad shall accept from a shipper, or load and forward from or within any city or town any car of merchandise unless such car contains at least 20,000 pounds of mecrchandise.

§ 500.4

Exceptions. The provisions of §§ 500.3, 500.5, 500.6, and 500.7 shall not apply to:

(a) A car loaded to its full visible capacity;

(b) A car used as a "peddler", "pickup", or "way" car;

(c) A car used as a "trap" or "ferry" car where the use of such car is necessary to relieve a carrier's freight house or transfer facilities because of inability of the carrier to obtain other means of transportation for the merchandise contained in such car;

(d) A car consisting of explosives or other dangerous articles as defined, listed in and transported under "Regulations for Transportation of Explosives and Other Dangerous Articles" in Agent H. A. Campbell's Tariff I. C. C. No. 4, supplements thereto or reissues thereof; and

(e) A car forwarded on a scheduled sailing date as a part of an established regularly scheduled merchandise car line, when during the calendar month preceding the calendar month in which such car is forwarded, the total weight of merchandise loaded in all cars of such car line produced an average weight of not less than 20,000 pounds per car.

(f) A car loaded by one shipper or consignor at one point of origin with separate shipments of merchandise and carload freight, if the total quantity of such shipments loaded in each car equals or exceeds the loading requirements of § 500.72 (a) or § 500.72 (c), or as such order may hereafter be amended or revised, and if such shipments are consigned to one or more consignees at one point of destination.

[Rev. G. O. ODT 1, 11 F. R. 8229, as amended by Amdt. 1, 11 F. R. 8740, Amdt. 2, 11 F. R. 9040, Amdt. 3, 11 F. R. 10616]

(c) Formulate and submit to the Office of Defense Transportation for consideration, plans for the pooling of merchandise traffic, services, or revenues between any two or more points.

§ 500.6 Diversion of shipments. Any common carrier by railroad which because of the provisions of this §§ 500.1 to 500.8a is unable to forward a shipment of merchandise within thirty-six (36) hours from the time it receives such shipment shall divert such shipment to another carrier, which other carrier as agent of the diverting carrier, shall make delivery of such shipment or shall interchange such shipment with a connecting carrier, as the case may be. The divisions on such traffic shall be those voluntarily agreed upon between the interested carriers, or upon the failure of the carriers to so agree, the Interstate Commerce Commission may be requested to determine such divisions. Adequate records of all shipments so diverted shall be maintained at the point of diversion by the carrier diverting such shipments.

§ 500.7 Special and general permits. The provisions of §§ 500.1 to 500.8a, inclusive, shall be subject to any special or general permit heretofore issued thereunder and now in effect, and to any special or general permit which may hereafter be issued pursuant to the provisions of §§ 500.1 to 500.8a, inclusive: Provided, That any special permit heretofore issued, and which does not bear an expiration date, shall expire on August 31, 1946.

§ 500.8 Records and reports. Each common carrier by railroad shall record for convenient inspection, and shall report monthly to the Railway Transport Department, Office of Defense Transportation, Room 5107 Interstate Commerce Commission Building, Washington 25, D. C., within twenty (20) days after the close of each calendar month, the num