6. Whenever any person (military or civilian) in the military departments is required by subpoena to testify in fitness proceedings before transportation regulatory agencies, prompt notification of service of such subpoenas will be transmitted immediately to certain designated authorities. In the case of Marine Corps personnel or civilians working at Marine Corps installations such notification will be made to the Commandant of the Marine Corps (Code CSJ), who in turn will promptly notify the Office of the Assistant Secretary of Defense (Supply and Logistics). In all such cases, notification will be transmitted so that it is received in Washington a reasonable time prior to the date of the proceeding.".

53014 ROUTING

1. Selection of Carriers or Modes of Transportation. The least costly means of transportation will be selected which will meet military requirements and is consistent with the objectives of governing procurement regulations and the transportation policies as expressed by Congress, contingent upon carrier ability to provide safe, adequate, and efficient transportation. However, if a prior factual determination has been made that expedited delivery will result in greater overall economies through a reduction of intransit or stored supplies, a more costly means of transportation may be employed if necessary to effect the expedited delivery.

2. After determining the mode of transportation, the usual and customary routes shall be selected, subject to the same criteria set forth in subparagraph 1 above, with care exercised to avoid undue waste of transportation and to bring about proper use of commercial equipment in accordance with paragraph 53015.

3. Within the foregoing principles, routing should cause to the maximum extent practicable, equitable distribution among commercial ports and among all types of inland carriers.

a. Where consistent with the interest of the military departments and with subparagraph 1 above, routing via railroad shall recognize (in an average way but not necessarily in any particular situation) the relative importance of each railroad within the national rail transportation system by consideration of the line-mileage operated by each system (first main track including branches, according to I. C. C. data, within each territory).

b. Where consistent with the interest of the military departments and with subparagraph 1 above, routing by truck shall recog

nize the importance of operations by responsible motor carriers to the national transportation system. Responsible motor carrier operations imply conduct of such transportation with well maintained and properly designed equipment, handled by well supervised and trained personnel, and operated over routes authorized by appropriate regulatory agencies and in strict conformity with all laws and regulations respecting public and carrier liability, safety, size, and weight limitations. As a general practice, not all motor carriers are desirous of transporting Government traffic. Therefore, only those who have indicated a desire to participate, and whose operating rights, equipment, services and rates are on a comparable basis will be considered in the distribution of traffic. In the distribution of motor carrier traffic, it must be recognized that every motor carrier operating within a designated area cannot be furnished equal truck for truck distribution of Marine Corps traffic. No rigid rule, such as distribution based on pieces of equipment operated by the carrier alone can be applied. The application of a mathematical rule is unworkable, due to various conditions, such as geographical locations, direction of operations, services afforded, activities and industries served, Section 22 Quotations offered, etc. The only yardstick that can be used in the distribution of motor carrier traffic is a broad general formula and the application of logic and sound judgement, all of which culminates in an equal distribution of traffic. These factors have application both as to the carriers them selves as well as the commodity being offered for transportation. Appropriate consideration must be given to the various factors as they apply to the situation.

those carriers who operate over extremely circuitous routes, so as to greatly lengthen the time in transit, as compared with the services of carriers operating over more direct routes.

(6) Carriers having unfavorable records of past performances, such as failure to provide sufficient or proper equipment when required or promised, records of unwarranted delay to shipments enroute, etc., will receive very little traffic, depending upon the gravity or frequency of past offenses and evidence of the lack of an honest and sincere desire to improve their service. To preclude any criticism which may follow any action of this nature against a carrier, the transportation officer will report full details of the Commandant of the Marine Corps, (Code CSJ).

(7) Under the provisions of Section 215 of the Interstate Commerce Act, motor carriers of property are required to provide security for the protection of the public by filing evidence of such security with the Interstate Commerce Commission in the form of a surety bond, policy of insurance (or certificate of insurance in lieu thereof), qualifications as a self-insurer, or other form of security or agreement.

(8) Rule 2-B of the Commission's insurance regulations provides that the minimum cargo liability insurance required to compensate shippers or consignees for loss of or damage to property belonging to them and coming into the possession of motor common carriers in connection with their transportation service is:

For loss of or damage to property carried on any one vehicle -- $1,000.00

For loss of or damage to or aggregate of losses or damages of or to property occurring at any one time or place--$2,000.00

(9) To protect Marine Corps property, carriers must have adequate coverage, consistent with above regulations, before they are allowed to transport Marine Corps shipments.

(10) The services of contract carriers will not be used on movements of freight in interstate or foreign commerce without the prior approval of the Commandant of the Marine Corps, (Code CSJ).

(11) Distribution of traffic will not be confined to any given number of carriers, but will be distributed among all competing carriers having the desire, ability, and necessary requirements to participate.

(12) Discontinuance of Routing Via á Commercial Carrier at Departmental Heaad. quarters Level.

(a) Prior to a discontinuance of the use of a carrier's service for failure to meet military operational requirements, concurrence will be obtained from the other departments, and the Office of the Assistant Secretary of Defense (Supply and Logistics) will be advised of the action taken and the reasons therefor. In the event of nonconcurrence by one or more departments, the department primarily concerned will consult with the Office of the Assistant Secretary of Defense (Supply and Logistics) via the Commandant of the Marine Corps, Code COS, prior to discontinuance of a carrier's service.

(b) Discontinuance will not be accomplished predicated on an interpretation of a carrier's operating authority, nor will formal inquiries to regulatory agencies concerning such matters be made, without prior review by the Office of the Assistant Secretary of Defense (Supply and Logistics) via the Commandant of the Marine Corps, Code COS.

(c) When reinstatement of a carrier is accomplished, the procedure for interdepartmental coordination, concurrence and review by the Office of the Assistant Secretary of Defense (Supply and Logistics) will be followed as set forth in (a) and (b).

c. Routing to ports shall take into consideration military requirements, the need for an efficient use of existing military facilities and vessels, the lowest landed cost insofar as it can be determined at time of shipment, and shall avoid undue concentration of both berth operator (commercial) cargo and cargo loaded over military controlled docks into MSTS vessels in identical port areas.

d. Routing of military traffic via Canadian railroads from points in New England Freight Association territory through Canada, to points in Central Freight Association territory or Western Trunk Line territory, or in the reverse direction, also on New England trans-continental traffic, will be made by usual and customary traffic routes, bearing in mind, cost, safety, expedition, equipment supply, procurement regulations, and military necessity.

53015 EQUIPMENT USE POLICIES

1. The policies herein stated shall apply to the use of commercial-carrier type transportation equipment, such as railroad cars, motor vehicles, aircraft, barges, etc., by any military department, including government-owned equipment when used in competition with like commercial equipment.

2. Any commercial equipment controlled by lease or otherwise shall be maintained by the military departments only if the agreement so provides. A military department using commercial equipment controlled by lease or otherwise shall be responsible, however, for seeing that such equipment is maintained to standards which will generally insure safe operation.

3. Loading commercial transportation equipment leased or otherwise controlled or used by the military departments, in any manner inconsistent with existing regulations or in violation of any federal, state, or munici pal laws, ordinances, or regulations shall not knowingly be permitted or encouraged.

4. Care will be taken to obtain maximum loading consistent with the priority need for the property, its safety, handling efficiency, and with due regard for the availability of equipment supply. Maximum loading will not be secured in any manner inconsistent with the policy stated in subparagraph 3 above.

5. Use of commercial trucks for transporting explosives and other dangerous, or potentially dangerous articles may be authorized as particular circumstances require. Where an when so required, such use shall be administered in such manner as to effect and facilitate control and supervision of:

a. Security with respect to publicity on any phase of the movement.

b. Safety with respect to handling, packaging, stowing, and routing over highways to reduce hazards to densely populated urban

areas.

6. In order to insure maximum use of space in vessels operated and made available by Military Sea Transport Service on light or empty voyages, the military departments shall make every effort to utilize such space whenever this will result in a lesser total cost to the government and will likewise lessen use of land transportation.

53016 HIGHWAY UTILIZATION POLICIES

1. Purpose of limitations. Limitations on the dimensions and weight of vehicular movements over roads and bridges are necessary to assure safe passage over and prevent damage to highway facilities.

2. Limitations determined by state laws. State laws provide that no vehicular movement (vehicle or vehicle and load) which exceeds any legal size or weight limitation shall be undertaken over public roads unless prior permission for such movement has been granted by the state or states concerned.

Limitations on the size and weight of vehicular movement over public roads are determined independently by each state and may vary considerably for interstate movements.

3. Policy of the Department of Defense. It is the policy of the Department of Defense to conform with state and local laws, regulations, and ordinances relating to size and weight limitations of motor vehicles or vehicles and loads.

4. When to secure permits. Except in instances of overriding and urgent military necessity, movements which exceed any legal size or weight limitation shall not be forwarded over public roads unless prior permission has been granted by the State or states concerned. Such permission will be requested by authorized representatives of the Marine Corps only after determination has been made that military necessity requires movement by motor carrier.

5. Permits to be requested by. Only Freight Transportation Officers who have been dele gated the authority by the Commandant of the Marine Corps (Code COS) to request permits for vehicular movements exceeding legal weight or size limitations may make such requests to the state or states concerned.

6. Requests for permits east of the Mississippi River. Requests for permits from activities located east of the Mississippi River will be made to Commandant of the Marine Corps (Code COT).

7. Request for permits west of the Mississippi River. Requests for permits from activities located west of the Mississippi River will be made to the Officer in Charge, Marine Corps Freight Control Office, 100 Harrison Street, San Francisco 6, California.

8. Permits issued on direct application of commercial carriers. Permits for oversize or overweight movements which are issued by state regulatory authorities upon direct application of commercial carriers, and without regard to the military character of the cargo, will be accepted by the Marine Corps as evidence that such movements are within the provisions of the laws of such states. However, if it is essential to national defense that an oversize or overweight movement be made over public roads by commercial carriers, under no condition shall a carrier be authorized to initially contact state authorities for the permit.

9. Movements made without prior state approval. In each instance of overriding and urgent military necessity in which an oversize or overweight movement is made without prior permission from the state or states

concerned, the Marine Corps activity having cognizance over the movement shall provide the Office of Assistant Secretary of Defense (Supply and Logistics) with a full statement of the circumstances and justification. This requirement has been been assigned Report Exemption Symbol DD-S& L(EX)5. The report will be forwarded in duplicate to the Commandant of the Marine Corps (Code (COT).

10. The Office of Chief of Transportation, Department of the Army is responsible writhin the Department of Defense for conducting primary liaison for the services with appropriate civil authorities in matters pertaining to procedures for the issuance of permits for vehicular movements exceeding legal weight or size limitations. Communications with that office will be forwarded via the Commandant of the Marine Corps (COT).

Department. The Marine Corps is a shipper agency of the Department of the Navy. Accordingly, Marine Corps traffic moving by sea transportation will ordinarily be forwarded through port facilities operated by the Department of the Navy, such as Bayonne, New Jersey, and Norfolk, Virginia, on the east coast and Oakland, California, on the west coast. Shipping instructions will be requested from the Commandant of the Marine Corps, (Code CCT) for the inland portion of all such shipments. Marine Corps shipping officers are not required nor permitted to offer cargo directly to commercial water carriers.

2. In Maritime Law, General Average is a contribution by the several interests engaged in a maritime venture to make good the loss of one of them for voluntary sacrifices of part of the ship or cargo to save the residue of property of the lives of those on board from impending peril, or for extraordinary expenses necessarily incurred for the common benefits and safety of all interests in the venture. The right of contribution is based upon the principle that whatever is sacrificed for common safety of associated interests shall be made good by all interests which were exposed to the common peril and were saved from the common danger by the sacrifice. The obligation to contribute in General Average rests upon the vessel, the cargo, the freight (money) and the owners of such interests. General Average is not applicable to shipments by government vessels. General Average claims are recognized by the government as legitimate obligations. In cases of General Average, copies of bills of lading and priced invoices covering Marine Corps materials, shipped in the vessel concerned, will not be furnished directly to the average adjuster but will be forwarded with the average adjuster's request to the office of the Judge Advocate General (Admiralty Section) Department of the Navy, Washington 25, D. C. The Marine Corps does not furnish bond nor any other documents pertaining to the General Average claim. All General Average claims must be submitted to the Commandant of the Marine Corps (Code CCT) for appropriate action.

3. Shipping officers will take necessary action to insure that cars containing material for shipment to a port for intercoastal or overseas movement will arrive at the port fortyeight hours priors to the sailing time of the vessel.

53056 SHIPMENT BY MOTOR (GOVERNMENT) CARRIER

1. Government owned motor vehicles may be used for the transportation of government freight as directed by the authority having cognizance over the motor vehicle equipment. Government owned vehicles that are being transferred or returned to an assigned station

a

1. The term "common carrier" means person or firm undertaking to transport property or any classes of property for the general public in interstate, or foreign commerce for compensation whether over regular or irregular routes. According to law, common carriers may not choose or discriminate among shippers. They are required by state and federal laws to publish and file tariff rates. It is the duty of a common carrier to furnish equipment, where possible, when service is requested. In the motor-carrier field there is more variation in the classification of freight and in applicable rates than prevails among rail carriers. Shipping officers will inform themselves sufficiently on classification and rates of common carriers whose services are available so that a discriminating choice of carriers may be made when utilization of motor-carrier service is appropriate. Care will be taken to use only motor common carriers that are authorized by the Interstate Commerce Commission or a State regulatory body to perform the service. Special rights or permits issued by the Interstate Commerce Commission, or by a state regulatory body as appropriate, are required for transportation of explosives in accordance with paragraph 53061.

2. The term "contract carrier" means any person or firm who or which under special and individual contract or agreements transports property in intrastate, interstate or foreign commerce for compensation. Contract carriers limit their activities further to particular commodities. Interstate contract carriers are not required to file tariffs indicating exact charges for transportation but must file schedules or tariffs with the Interstate Commerce Commission indicating minimum rates or charges.

a. The services of contract carriers will not be utilized on movements of interstate or foreign commerce freight without prior ap proval of the Commandant of the Marine Corps.

3. Section 22, Part I, and Section 217, Part II of the Interstate Commerce Act provide that motor carriers may tender special or reduced quotations (usually called Section 22 Cuotations) for transportation of property on a Government bill of lading. These quotations should be executed by the carrier in the form of a unilateral contract setting forth commodity descriptions, point of origin and destination, minimum weight and applicable rates. Any carrier desiring to tender Section 22 Quotations for transportation of Marine Corps property will be advised to forward the