ber of cars, total weight in pounds, and average weight in pounds per car of (a) intercity cars loaded with 20,000 pounds or more of merchandise; (b) intercity cars loaded with less than 20,000 pounds of merchandise; (c) intracity cars loaded with merchandise; and (d) all cars loaded with merchandise.

§ 500.8a Communications. Communications concerning §§ 500.1 to 500.8a, inclusive, should refer to "General Order ODT 1, Revised" and, unless otherwise directed, should be addressed to the Railway Transport Department, Office of Defense Transportation, Room 5107 Interstate Commerce Commission Building, Washington 25, D. C. (Telephone Number Republic 7500, Extension 3539).

CARLOAD FREIGHT TRAFFIC

SOURCE: $$ 500.70 to 500.79 contained in Revised General Order ODT 18A, 11 F. R. 8230, except as noted following sections affected.

§ 500.70

Definitions. As used in § 500.70 to 500.79, inclusive, or in any order, special direction, permit or regulation issued 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) "Rail carrier" means any person engaged in the transportation of property as a common carrier by railroad;

(c) "Open car" means any railroad freight car not roofed or permanently covered, other than a flat car, used by a rail carrier for the transportation of carload freight;

(d) "Closed car" means any roofed or permanently covered railroad freight car, other than a tank car, used by a rail carrier for the transportation of carload freight, and includes any covered hopper car;

(e) "Freight car" or "car" means any open car or closed car as defined in paragraphs (c) and (d) of this section;

(f) "Carload freight" means property transported by a rail carrier in a freight car at a carload rate or 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 weight applicable thereto are less than if rated at the published less-than-carload rate at actual weight;

(g) "Bulk freight" means any carload freight consisting of any commodity shipped loose or in mass and which in the loading or unloading thereof is ordinarily shoveled, scooped, forked, dumped, or mechanically conveyed, or which is not in containers or in units of such size as to permit piece by piece loading or unloading;

(h) "Non-bulk freight" means any carload freight consisting of any commodity which is not included within the term "bulk freight";

(i) "Point of origin” means a point in the United States at which a rail carrier is tendered a shipment of carload freight for transportation and for which such rail carrier executes a bill of lading or other receipt;

(j) "Public warehouse" means a warehouse, or other place of storage, the owner or operator of which is engaged as a public warehouseman in the business of storing goods for the public for compensation, and who issues valid warehouse receipts for the goods which he holds in storage as a bailee for hire. A warehouse or other place of storage which is operated by a rail carrier for the storage of goods in transit shall be considered to be a public warehouse. Property owned in whole or in part by a warehouseman in whose warehouse or other place of storage the property is stored, shall not be construed as being stored in a public warehouse.

§ 500.71 Applicability. The provisions of §§ 500.70 to 500.79, inclusive, shall be applicable only to shipments of carload freight which are tendered for transportation at points of origin in the fortyeight States and the District of Columbia.

§ 500.72 Loading of carload freight. Except as hereinafter provided, no person shall offer for transportation and no rail carrier shall accept for transportation at point of origin, forward from point of origin, or load and forward from point of origin, any carload freight unless such carload freight, when forwarded from point of origin is loaded in a car in accordance with one of the following alternative requirements:

(a) The quantity shall equal or exceed in weight the marked capacity, in

pounds, as stenciled on such car, or as shown under the heading "Capacity" (not "Load Limit") in the Official Railway Equipment Register, Agent M. A. Zenobia's I. C. C. R. E. R. No. 279, supplements thereto or reissues thereof; or

(b) Bulk freight in a closed car shall be loaded to an elevation not lower than 18 inches from the ceiling of the car at its side walls, or if the interior walls of such car are partially sheathed or lined, to the utmost elevation without overrunning the sheathing or lining; or

(c) Non-bulk freight in a closed car, or bulk freight or non-bulk freight in an open car shall be loaded so as to occupy and utilize all of the practicable stowage space of such car.

(d) Nothing in this section shall be construed as requiring (1) that a car shall be loaded to a weight in excess of the "load limit" of such car, or (2) that a car shall be loaded to such an extent or in such a manner as to create a transportation hazard, or (3) that a refrigerator car containing perishable commodities shall be loaded so as to cover or obstruct the bulkhead screen or screens of such car.

[Rev. G. O. ODT 18A, 11 F. R. 8230, as amended by Amdt. 3, 11 F. R. 13320)

§ 500.73 Issuance of special directions and special and general permits by Office of Defense Transportation. The provisions of §§ 500.70 to 500.79, inclusive, shall be subject to any special direction, special permit, or general permit heretofore issued pursuant to the provisions of this section, and now in effect; to any special direction which may hereafter be issued by the Director, Railway Transport Department, Office of Defense Transportation; and to any special or general permit which may hereafter be issued by the Office of Defense Transportation to meet specific needs or exceptional circumstances or to prevent undue hardships. Application should be made to the Railway Transport Department, Office of Defense Transportation, for the issuance of a special permit in instances where because of exceptional circumstances it is considered that a commodity cannot be loaded to the extent specified, and in instances where a consignor desires to load merchandise, as defined in §§ 500.1 to 500.8a, in a car with carload freight. Each such application should contain the facts on which the applicant relies in support of such application.

§ 500.74 Issuance of special permits by rail carriers. (a) The chief operating officer or division superintendent of the initial line-haul rail carrier or of the initial switching carrier, where no line-haul service is to be performed, may issue a special permit on a form which is reproduced in the appendix to §§ 500.70 to 500.79, authorizing the offering, accepting and forwarding of carload freight which is not loaded in accordance with the loading requirements of §§ 500.70 to 500.79, in a specific case where compliance with such loading requirements would result in undue car detention.

(b) Each such chief operating officer or division superintendent is hereby authorized to issue a special permit in any specific case to permit the offering, accepting and forwarding of carload freight consisting of (1) a complete order of heavy machinery, when no other carload shipment of heavy machinery has been made by the same consignor to the same consignee during the same calendar month, or (2) articles manufactured to the consignee's specifications for use in a specific construction or repair project, when no further shipments from the same consignor to such project are scheduled.

(c) A copy of each special permit issued pursuant to the provisions of this section shall, upon issuance, be mailed to the Railway Transport Division, Office of Defense Transportation, Room 5107, Interstate Commerce Commission Building, Washington 25, D. C.

[Rev. G. O. ODT 18A, 11 F. R. 8230, as amended by Amdt. 3, 11 F. R. 13320]

§ 500.75 Exemptions. The provisions of § 500.72 and of any special direction issued pursuant to § 500.73, shall not apply to:

(a) Carload freight 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;

(b) Carload freight moving under and in accordance with "cleanout" or "remnant" rules or "concentration or gathering" rates and rules established in applicable freight tariffs;

(c) Carload freight: (1) Which is transported over a route of movement authorized in a rail carrier's tariff to a

point or points intermediate between origin and destination points for the consolidation of shipments, or for stopping in transit to complete loading, when the car containing such carload freight is loaded in accordance with the requirements of §§ 500.70 to 500.79, or any special direction issued under, during a part of the movement; or

(2) Which is transported from one location to another location within the switching district of the point of origin for further loading of the car containing such freight; or

(3) Which is transported from one location to another within the switching district of the point of destination for completing partial or entire unloading of the car containing such freight;

(4) The provisions of subparagraphs (2) and (3) of this paragraph shall not apply to carload freight having origin and destination in the same switching district.

(d) Non-bulk freight shipped from a public warehouse, which non-bulk freight has been stored in transit in such public warehouse under storage-in-transit privileges authorized in rail carriers' tariffs, or in quotations submitted to the Government pursuant to the provisions of section 22 of the Interstate Commerce Act, as amended, when such non-bulk freight is shipped in a quantity not less than that contained in the car used in transporting the non-bulk freight to such public warehouse and against which the out-bound shipment is matched: Provided, That such non-bulk freight did not move into such public warehouse under "concentration or gathering" rates and rules established in applicable freight tariffs.

(e) (1) Carload freight consisting of any commodity or commodities which have been allocated or limited by a regulation of an agency of the United States in such quantity as to preclude individual shipments of an amount sufficient to meet the loading requirements of the order or of any special direction issued thereunder, or (2) to carload freight consisting of any commodity or commodities not so allocated or limited when loaded in the same car with a carload shipment of an allocated or limited commodity or commodities: Provided, however, That the consignor has first attempted in good faith to avail himself of the provisions of §§ 500.77 and 500.78 of this part.

(f) Carload freight loaded in a car by one shipper or consignor at one point of origin with a separate shipment or shipments of merchandise, if the total quantity of such shipments equals or exceeds the loading requirements of § 500.72 (a) or (c) and if such shipments are consigned to one or more consignees at one point of destination.

(g) Carload freight (including import, coastwise, and intercoastal freight) moving first by water on the high seas to a port in the continental United States and thence by rail in a single car, or moving first by water on the high seas to a port in the continental United States, thence by an inland water carrier to another point in the continental United States, and thence by rail in a single car to destination when, in either case, such carload freight moves as a complete order from both the point it is first shipped by water and the point it is reshipped by rail.

[Rev. G. O. ODT 18A, 11 F. R. 8230, as amended by Amdt. 1, 11 F. R. 8829, Amdt. 2, 11 F. R. 10616, Amdt. 4, 11 F. R. 14172, Amdt. 6, 12 F. R. 2386, Amdt. 7, 13 F. R. 2792]

$ 500.76 Consignor's certificate. There shall be endorsed on the shipping instructions issued with respect to any carload freight which is subject to the loading requirements of §§ 500.70 to 500.79, inclusive, a certificate executed by the consignor, or his agent, specifying compliance with the loading requirements of §§ 500.70 to 500.79, inclusive: Provided, That where the shipping instructions contain information which will enable the rail carrier to determine that the loading requirements of §§ 500.70 to 500.79, inclusive, have been met, a consignor's certificate need not be executed. Where carload freight of more than one consignor is loaded in a single freight car, the consignor completing the loading of the car shall execute the certifcate. Nothing in this section shall be construed as relieving a rail carrier from any applicable provision of §§ 500.70 to 500.79, inclusive.

$ 500.77 Stop-offs to complete loading or for partial unloading. (a) Rail carriers, in connection with carload freight subject to this order, shall permit a single stop of any freight car in transit to complete loading or shall permit a stop for partial unloading (but not both), when the stop-off point is intermediate between point of origin and point of destination over the route of movement:

Provided, That the provisions of this section shall not be construed to require a rail carrier to permit such stops in connection with shipments of:

(1) Bulk freight;

(2) Carload freight consigned to order, or to order notify, or otherwise so consigned as to require surrender of a bill of lading, written order, or any other document in advance of delivery;

(3) Carload freight moving without recourse on the consignor, or under instructions against its delivery without collection of freight and other lawful charges as provided in the uniform bill of lading;

(4) Carload freight loaded or unloaded at an intermediate prepay or non-agency station; or

(5) Carload freight consisting of watermelons or fresh peaches.

(b) Nothing in this section shall be construed as limiting or restricting the number of stop-off privileges which are now, or which may be, authorized and provided for in rail carrier tariffs, or as affecting the charges to be assessed for stop-off privileges, or as requiring that more than one stop-off privilege be granted any freight car in transit between point of origin and final destination.

§ 500.78 Consolidation of shipments in a single car. (a) Any consignor, but not in excess of three consignors in the aggregate, shall be permitted to consolidate and ship in a single car from the same point of origin, two or more consignments of carload freight for linehaul movement to one or more, but not exceeding three, consignees, at one or more, but not exceeding three, destination points.

(b) Consolidation services provided for in this section shall be afforded by each rail carrier, and, except as to the provisions of § 500.77, each such consignment of carload freight shall be considered and treated for the purposes of applying rates and charges and rendering transportation services as if it were shipped in a separate car: Provided, That nothing in this section shall be construed to require the extension or rendering of such consolidation services in connection with shipments of:

(1) Carload freight of such a nature as to contaminate or damage other freight in the car;

(2) Carload freight loaded or unloaded at an intermediate prepay or non-agency station;

(3) Bulk freight;

(4) Carload freight consigned to order, or to order notify, or otherwise so consigned as to require surrender of a bill of lading, written order, or any other document in advance of delivery when such carload freight is to be unloaded at a destination intermediate to the final destination of the car;

(5) Carload freight having origin and destination in the same switching district; or

(6) Carload freight consisting of cement, in packages.

(c) No diversion or change of destination or reconsigning in transit shall be allowed with respect to consolidation services provided for in this section, except where, under published rules, it may be in the same direction and over the same route as the initial shipment after previous shipments have been unloaded. Movement to final destination shall not be considered a reconsignment.

(d) Nothing in this section, except paragraph (c), shall be construed as requiring the limiting or restricting of consolidation services which may be afforded by a rail carrier, or as affecting the charges to be assessed for such consolidation services.

§ 500.79 Communications. Communications concerning §§ 500.70 to 500.79, inclusive, should refer to "General Order ODT 18A, Revised" and, unless otherwise directed, should be addressed to the Railway Transport Department, Office of Defense Transportation, Room 5107, Interstate Commerce Commission Building, Washington 25, D. C. (Telephone Number Republic 7500, Extension 3539.)

AUTHORITY: §§ 502.200 to 502.204 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.

SOURCE: $ 502.200 to 502.204 contained in Revised General Order ODT 16C, 11 F. R. 13426, 13465, except as noted following section affected.

§ 502.200 Definitions. As used in §§ 502.200 to 502.204, inclusive, or in any order, permit, or regulation issued 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 depart

ment or agency of the United States, any State, the District of Columbia, or any other political, governmental or legal entity;

(b) "Overseas freight" means any carload shipment intended for movement offshore by water from a port or place in the continental United States to a port or place outside thereof;

(c) "Commercial freight" means any overseas freight not shipped by or to a Government agency or on a United States Government bill of lading;

(d) "Government agency" means any agency or department of the United States, including any corporation owned or controlled by the United States;

(e) "Public warehouse" means a warehouse or other place of storage the operator of which is engaged as a warehouseman in the business of storing goods therein for compensation;

(f) "Carload shipment" means a shipment of property moving by rail (1) in a quantity weighing 20,000 pounds or more, or (2) in a quantity weighing less than 20,000 pounds, when transported by rail at a carload rate or rates and exclusively occupying a railway car from point of origin;

(g) "Port area" means any port or place shown in Appendix A of §§ 502.200 to 502.204, inclusive, and includes both the switching and lighterage limits of each such port or place;

(h) "Continental United States" means the forty-eight States and the District of Columbia;

(i) "Steamship contract or booking" means any contract, certification or other similar document signed or issued by a duly authorized representative of a steamship company and evidencing reservation of cargo space on a vessel scheduled to move on a specific voyage;

(j) "General permit" means a permit issued by the Director of the Office of Defense Transportation relieving, under conditions stated therein, a class of persons or shipments from compliance with one or more provisions of §§ 502.200 to 502.204, inclusive, or any amendment thereof;

(k) "Special permit" means a permit issued under and in accordance with the provisions of §§ 502.200 to 502.204, inclusive, to a person named therein, authorizing the offer, acceptance, and