peacetime to war or other emergency operations.

(b) Under the Commander Military Sea Transportation Service with headquarters at Washington, D. C., Area Commands, headed by Flag Officers, have been established as follows:

Eastern Atlantic and Mediterranean Area (ELMAREA), London.

Atlantic Area (LANTAREA), New York. Pacific Area (PACAREA), San Francisco, Western Pacific Area (WESTPACAREA), Yokosuka.

Sub-area Commands and Port Offices have been established at locations within Area Commands. Such Port Offices are subject to inactivation or relocation as circumstances warrant to meet the sea transportation needs of military personnel and cargo.

§ 213.4 Relationships-(a) Seller/ customer relationship. The Military Sea Transportation Service maintains a seller/customer relationship with the Army, Air Force, Navy and Marine Corps as shippers, charging for services rendered on, the basis of predetermined tariffs approved by the Assistant Secretary of Defense (Comptroller).

(b) Departmental headquarters. The following departmental headquarters' offices are the points of contact with the Military Sea Transportation Service for the ocean transportation requirements of their respective departments:

(1) Department of the Army, Office of the Chief of Transportation.

(2) Department of the Air Force, Office of the Director of Transportation.

(3) Department of the Navy:

(1) Navy (Cargo) Bureau of Supplies and Accounts, (Personnel) Bureau of Naval Personnel.

(ii) Marine Corps (Cargo) Bureau of Supplies and Accounts, (Personnel) Bureau of Naval Personnel.

(c) Space Assignment Committees. Space Assignment Committees (or Joint Military Transportation Boards) have been established at headquarters and at each of the Area and Sub-area Commands. These Committees, for both cargo and passenger space allocations, are composed of representatives of each of the shipper services and are chairmanned by a representative of MSTS.

(d) Joint policies. Policies governing the transportation of cargo and passengers by the Military Sea Transportation Service have been jointly determined by the Departments of the Army, Navy and

Air Force and promulgated in OPNAV (Office of the Chief of Naval Operations) Instructions 4650.4 and 4610.5.

(e) Reporting shipping requirements and capabilities. Procedures for reporting shipping requirements and capabilities and for the utilization of MSTS controlled shipping, berth space availability and reefer (i. e., refrigerated) shipping space have been agreed upon between the Commander, Military Sea Transportation Service and the Chief of Transportation, U. S. Army, on behalf of the Departments of the Army and Air Force. A similar agreement has been concluded with the Chief, Bureau of Supplies and Accounts on behalf of the Department of the Navy.

(f) Accessorial and miscellaneous services. The responsibilities of the Military Sea Transportation Service, the shipper services, and vessel operators for the performance of accessorial and other miscellaneous services, for the costs of such services, and for payment for such services have been determined in joint conferences and promulgated in COMSTS (Commander Military Sea Transportation Service) Instruction 7240.1.

(g) Unutilized traffic reservations (dry cargo.) Agreement on the procedure for determining unutilized traffic reservations (dry cargo) on MSTS controlled ships has been reached between the Military Sea Transportation Service and the Departments of the Army, Navy and Air Force.

(h) Ship and/or terminal demurrage (dry cargo). Agreement on procedures for determining ship and/or terminal demurrage (dry cargo) under the MSTS Billing Regulations has been reached between the Military Sea Transportation Service and the Departments of the Army, Navy and Air Force.

(i) Tanker/terminal de murrage. Agreement on tanker/terminal demurrage procedure has been reached between the Military Sea Transportation Service and the Departments of the Army, Navy and Air Force.

(j) Coastwise and intercoastal lift capacity. Procedures have been developed by the Military Sea Transportation Service to keep the Executive Director of the Military Traffic Management Agency (see 21 F. R. 4355) informed as to the availability of opportune MSTSoperated coastwise and intercoastal lift capacity.

(k) Technical and material matters concerning ships assigned to MSTS. The responsibilities of the Commander Military Sea Transportation Service and the Chief, Bureau of Ships, Department of the Navy, for technical and material matters concerning ships assigned or to be assigned to the Military Sea Transportation Service have been promulgated in OPNAV (Office of the Chief of Naval Operations) Instruction 4700.9.

(1) Inspection and certification of ships by U. S. Coast Guard. An agreement with the U. S. Coast Guard for the periodic inspection and certification of MSTS vessels of commercial types in accordance with the Coast Guard's Merchant Marine Safety Memorandum 2852, has been promulgated in COMSTS (Commander Military Sea Transportation Service) Instruction 4730.3A.

§ 213.5 Fiscal. (a) The operations of the Military Sea Transportation Service are financed under the Navy Industrial Fund (Charter for Operation issued by the Assistant Secretary of Defense (Comptroller) on May 7, 1951).

(b) The Military Sea Transportation Service follows a double-entry commer

cial type accounting system, maintained on an accrual basis and observes fiscal procedures in accordance with the directives of the Assistant Secretary of Defense (Comptroller) and the Comptroller of the Navy.

(c) Bills are submitted monthly by the Military Sea Transportation Service to each agency to whom services are rendered. Charges are computed on the basis of predetermined tariff rates and other factors calculated to recover the over-all cost of operations.

(d) To keep the customer services apprised of the results of its operations, the Military Sea Transportation Service prepares and distributes monthly statistical and financial reports. These reports are reviewed and fully discussed with the MSTS staff by representatives of the shipper services at meetings held in conjunction with the monthly meetings of the Administrative Committee (see 21 F. R. 4023) scheduled in pursuance of paragraph III. C. 1 of Department of Defense Directive 5160.12 of January 31, 1956 (Policies for Implementation of Single Manager Assignments).

used as a section (one lower and one upper berth), except that the sofa in the drawing room will be used if the use thereof will obviate the operation of an additional sleeping car, the sofa to be used on the basis of one additional lower berth. Whenever special standard sleeping car(s) cannot be made available by the carriers within a reasonable time, accommodations will be furnished, on the same basis as above, in special tourist sleeping car(s).

(c) Night travel by rail outside CONUS, Canada and Mexico. Persons traveling as groups will be transported in accordance with directives of the oversea commander of the area in which travel is performed.

(2) Members discharged on account of fraudulent enlistment, applicants and rejected applicants for enlistment, registrants and rejected registrants, applicants for flying training, members discharged under other than honorable conditions, and discharged and/or paroled prisoners are entitled to:

(i) Day travel. Rail coach-class accommodations or bus transportation, whichever is more advantageous by reason of service and/or economy and sound traffic judgment.

(ii) Night travel by rail in CONUS, Canada and Mexico. First-class transportation with one upper standard berth, lower standard berth in sections to be furnished to extent upper berths in sections are not available.

(iii) Night travel by rail outside CONUS, Canada and Mexico. Will be furnished transportation as prescribed by the appropriate area commander.

(3) Military prisoners with guards.

(i) Scope. When it is determined that commercial transportation be utilized for the movement of prisoners under guard, it is considered desirable that such movement be accomplished in a manner which will permit the least possible contact with the general public. Considering appearance and safety, preventing other passengers from becoming apprehensive, or because of the physical condition of the prisoners, movements will be made in enclosed accommodations, when available, or in special car or chartered equipment. Appropriate certification will be contained in the travel orders for the use of enclosed accommodations.

(ii) Groups of fourteen or less persons-(a) General. Groups of fourteen

or less persons will normally be moved in regular equipment of the commercial rail carriers. When rail transportation is not available or circumstances preclude its use, regular equipment of the other commercial modes of transportation may be used provided advance arrangements are made with the carrier concerned to accept prisoners.

(b) Day travel. First class rail transportation and enclosed accommodations in parlor car or standard sleeping car will be furnished the entire journey or for that portion of the journey over which enclosed accommodations are available. When enclosed accommodations are not available, the use of coach-class rail transportation is authorized.

(c) Night travel. Through first-class rail transportation and enclosed standard sleeping car accommodations, when available, for journeys involving one or more nights enroute. When enclosed accommodations are not available, open accommodations in standard sleeping cars of the section type are authorized.

(iii) Groups of fifteen or more persons-(a) General. Groups of fifteen or more persons will normally be moved in special car or chartered equipment. Arrangements for such movements will be in accordance with the special regulations of the several military agencies.

(b) Day travel. For rail movements, special coaches insuring exclusive occupancy will be provided under the provisions of the Joint Military Passenger Agreement with the rail carriers. Movements by other commercial carriers will be made in chartered equipment.

(c) Night travel. For rail movements, first-class transportation and special standard sleeping cars of the regular section type insuring exclusive occupancy will be provided for journeys of one or more nights enroute. Movements by other commercial carriers will be made in chartered equipment.

(iv) Government-owned prison cars. The provisions of subdivisions (ii) and (iii) of this subparagraph do not preclude the use of Government-owned prison cars, when available.

(4) Absentees, stragglers, deserters, members on authorized leave without funds, and any member who loses his transportation while in travel status or who becomes separated from remainder of his party who are in travel status will be furnished the same class of trans

portation and accommodations as furnished members under subparagraph (1) (i) of this paragraph, except that, when not traveling under guard, they may, if they so desire, be furnished a cheaper class of transportation.

(5) Patients.

(i) Individual travel-(a) Day travel, rail. Will be furnished the same class of transportation and accommodations as furnished under subparagraph (1) (i) (a) of this paragraph, except that when the physical condition of a patient requires berth accommodations the responsible medical officer may authorize furnishing a lower standard berth for day travel by certification on the travel orders. (See (c) of this subdivision.)

(b) Night travel, rail. Will be furnished the same class of transportation and accommodations as furnished under subparagraph (1) (i) (b) of this paragraph. (See (c) of this subdivision.)

(c) Special accommodations. Whenever it is determined that the type of accommodations provided in (a) and (b) of this subdivision are not satisfactory due to the condition of the patient, the medical officer may authorize the use of room accommodations for the patient and attendants, if any, by appropriate certification on the travel orders.

(ii) Group travel—(a) Day travel, rail. When the physical condition of the patients warrants the use of seats and daylight schedules are available and adequate, first-class rail transportation and a seat for each patient and attendant will be furnished in a parlor car or standard sleeping car. Where the condition of a patient(s) requires berth accommodations the responsible medical officer, by certification on travel orders, may authorize furnishing a lower berth for each such patient for day travel (See (c) of this subdivision.)

(b) Night travel. Patients will be furnished one lower berth or one upper berth each, whichever may be determined by the responsible medical officer, in standard sleeping cars of the regular section type. Attendants will be furnished berth accommodation in the same car with patients. (See (c) of this subdivision.)

(c) Exclusive accommodations. Whenever the responsible medical officer determines that a patient or a group of patients require exclusive accommoda

tions, the provisions of subdivision (1) (b) of this subparagraph will apply.

(c) Use of enclosed accommodations for purposes of security. Whenever it is determined that enclosed accommodations are required for the purposes of security, the head of the military department concerned or such subordinates as he may designate, may authorize or approve the use of a compartment or other enclosed accommodations including any additional transportation required under the tariffs of the carriers for the exclusive occupancy of such accommodations.

(d) Utilization of extra-fare trains. An extra fare train will not be utilized for travel unless the authority directing the travel has determined that its use is in the best interest of the Government and the use thereof is authorized in travel orders.

(e) Dependent travel. Dependents of members and civilian employees whose transportation is authorized are entitled

to:

(1) For day travel. First-class rail transportation when available, with a seat in a parlor car or sleeping car on the basis of one individual seat for each dependent, except as limited by Standardized Government Travel Regulations in the case of dependents of civilian employees.

(2) For Night Travel in CONUS, Canada and Mexico. First-class rail transportation with sleeping accommodations in a standard sleeping-car on the following basis:

(i) Authorized dependents will be classified into the maximum number of "pairs" and the minimum number of "individuals" and furnished accommodations at the lowest possible cost to the Government. Pairs defined as follows:

are

(a) Two dependents under 5 years of age, regardless of sex.

(b) Two dependents, same sex, under 12 years of age.

(c) Wife and one child, either sex, if child is less than 5 years of age.

(ii) Individuals. "Individuals" are defined as dependents (other than a dependent father or mother) who cannot be paired because one of them is 12 years of age or over, except for the wife as indicated in subdivision (i) (c) of this subparagraph, or the individuals are

Page 481