53300 DEMURRAGE

1. Demurrage charges are assessed by the carriers for the detention of freight cars for a longer time than is allowed by tariff regulations for the loading or unloading of the cars. Demurrage charges accrue both on empty and loaded cars detained over and above the free time allotted by the carrier for loading or unloading. This free time is forty-eight hours or two days, commencing with first 7 a.m. after placement of cars, exclusive of Sundays and legal holidays, and in the estimation of the carrier this is ample time in which to load or unload a car unless adverse conditions exist. The officer having cognizance over loading or unloading of cars will obtain a copy of the demurrage tariff from the carrier and familiarize himself therewith. Where the conditions are such that demurrage charges cannot be avoided and where demurrage charges accure monthly, the shipping officer or the receiving officer will enter into an agreement with the carrier to assess demurrage charges under what is known as the "Average Agreement Plan of Demurrage." The "Average Agreement Plan of Demurrage" provides for a system of credits which may be used to cancel debits in arriving at a monthly total for assessment of demurrage charges. These agreements are in written form and are between a Marine Corps activity and a particular railroad, but not with all railroads that may serve the Marine Corps activity. This means that the shipping officer must enter into an agreement with each carrier at his activity. Appropriate records shall be maintained by each officer of the Marine Corps entering into an "Average Agreement'' with a carrier in order that the carrier's monthly statement of demurrage may be administratively audited before certification.

53301 PICK-UP, DELIVERY, TRAP CAR, AND OTHER SPECIAL SERVICES

1. "Pick-up" is defined as a service by rail carriers in calling for and collecting freight and receipting therefor from a shipping room, platform or doorway directly accessible to trucks at a warehouse, factory, store, place of business or private residence of a consignor, and includes the transportation therefrom to the premises of the carrier's freight station. "Delivery" is defined as the service of the rail carrier involved in transporting freight from the premises of the carrier's freight station and delivery thereof to a receiving room, platform, or doorway directly accessible to trucks at a warehouse, factory, store, place of business or private residence of a consignee. "Trap

Car" is defined as a service rendered by rail carrier whereby a shipper may load quantities of less carload freight in a car to be tagged to carrier's warehouse for the inclusion of other freight. At destination, less carload freight is accumulated and consolidated by carriers over a period of days, loaded in one car and switched to the consignee's siding or unloading platform. In most all cases this service is rendered free by the carriers upon request where the quantity of this class of traffic warrants. In making a determination of whether free pick-up or delivery services are accorded by carriers, the tariffs of those carriers or their agents must be

examined.

2. The following instructions apply at Marine Corps activities located in Official Classification Territory (that part of the United States lying generally north of the Ohio and Potomac Rivers and east of the Mississippi River). In certain instances, tariffs covering pick-up or delivery service provide for the assessment of charges therefor, in addition to line-haul charges. Accordingly, when pick-up or delivery service is not performed by the Government or its agent but is performed by the carrier at the request of the shipping or receiving officer in connection with a less-than-carload, any quantity, or a trap car shipment, the U. S. Government bill of lading and available copies should be endorsed to show that "Pick-up", "Delivery", or "Trap Car Service", as the case may be, was requested of the railroad and furnished. (This information is to be shown in addition to the information presently required by the U. S. Government bill of lading.) Such endorsements should be signed by or for the person who ordered such services at origin or destination, and when practicable, the endorsements should be placed in any available space adjacent to the space presently provided for certification as to "pickup service at origin" or "delivery service at destination". A rubber stamp may be used for this purpose.

3. When a carrier is requested to perform other special services incident to the linehaul transportation, the U. S. Government Bill of Lading, Standard Form 1103, shall be endorsed to show the name of the carrier upon which the request was made, the kind and scope of the special services ordered, and the fact that such services were rendered. This endorsement shall be signed by or for the person who ordered the special services. However, if such an endorsement is impractical the same information may be set forth in a statement bearing symbol and number of covering bill of lading which shall be signed

53301

by or for the person who ordered the special services, and, if possible, attached to the bill of lading. If the bill of lading is not available, the statement shall be surrendered to the carrier from whom the services were ordered, for transmittal to the last linehaul carrier and presentation in connection with the bill for line-haul transportation charges.

53302 SHIPMENT OF EXPLOSIVES AND OTHER DANGEROUS ARTICLES

1. FEDERAL LEGISLATION. The transportation of explosives and other dangerous articles within the limits of the jurisdiction of the United States is regulated by the Acts of March 4, 1909 (35 Stat. 1134), as amended by the Acts of March 4, 1921 (41 Stat. 1444) and October 9, 1940 (54 Stat. 1023) (18 U. S. Code 382 and 46 U. S. Code 170). Violations of these acts are punishable by severe fines and imprisonment. Under this legislation the Interstate Commerce Commission is directed to formulate regulations for the safe transportation of explosives and other dangerous articles within the limits of the jurisdiction of the United States. The law provides that the regulations issued by the Interstate Com

merce Commission will be binding upon all shippers and common carriers engaged in interstate and foreign commerce. The regulations are also applicable to every common, contract, and private carrier of property by rail or highway engaged in interstate commerce with respect to transportation of explosives and dangerous articles as defined in the Commission's regulations.

a. Other laws, ordinances, or regulations. In addition to the federal laws governing interstate transportation of explosives and other dangerous articles each state and many municipalities have laws or ordinances regulating the transportation of these articles within their jurisdiction.

2. BUREAU OF EXPLOSIVES. Part I, Section C Paragraph I of the Interstate Commerce Commission regulations covering shipments of explosives and other dangerous articles provides that the services of the Bureau of Explosives, organized by the American Railway Association (now the Association of American Railroads) in 1906, may be utilized to make inspections and conduct investigations relative to packing of explosives and transportation by carriers.

4. PREPARATION OF BILLS OF LADING COVERING SHIPMENT OF EXPLOSIVES AND OTHER DANGEROUS ARTICLES.

a. Separate bills of lading. Explosives and associated inert material, dangerous acids, and other hazardous articles which should not be stowed in vessels with general cargo will be covered by separate bills of lading for these items alone, and bills of lading will be marked to indicate clearly that the material is to be handled apart from general cargo.

b. Certificate. Shippers offering explosives or other dangerous articles for transportation by rail freight, motor carriers, or water carriers will show on bill of lading, under "Description of articles" the following certificate:

"This is to certify that the above articles are properly described by name and are packed and marked, and are in proper condition for transportation according to the regulations prescribed by the Interstate Commerce Commission."'

c. Description. The Interstate Commerce Commission Regulations prescribe that explosives offered for transportation by rail freight, motor carriers, or water carriers must be described in accordance with prescribed terminology. This terminology is listed also in Motor Carriers' Explosives and Dangerous Articles Tariff issued by F. G. Freund.

5. REGULATIONS ON HANDLING AND SHIPMENT OF EXPLOSIVES. The following publications pertain to the handling and shipping of explosives.

a. Palletizing Unit Load and Carloading and Bracing Plans for Live Ammunition--all changes (NAVORD OS 1588);

b. Motor Carrier Safety Regulations, revised, including Parts 1-6 (Interstate Commerce Commission, 1941, and revisions thereto);

c. Motor Carriers' Explosive and Dangerous Articles Tariff (American Trucking Association, Inc., Agent, publishing Interstate Commerce Commission Regulations for Transportation of Explosives and Other Dangerous Articles by Motor, Rail, and Water Including Specifications for Shipping Containers, issued by F. G. Freund);

d. Explosives or Other Dangerous Articles on Board Vessels, as amended (U. S. Coast Guard CG 187 Revised, 1 July 1947) and amendment G-187-1 dated 1 June 1949;

e. Regulations Governing Transportation of Military Explosives on Board Vessels During Present Emergency (U. S. Coast Guard NAVCG 108, 1 October 1943) and revision thereto;

f. Methods for Loading and Bracing Carload and Less than Carload Shipments of Explosives (Bureau of Explosives Pamphlet No. 6);

g. Methods for Loading and Bracing Carload and Less than Carload Shipments of Loaded Shells (Projectiles) and Loaded Bombs, with Appendix A (Bureau of Explosives Pamphlet No. 6A).

h. U. S. Navy Ordnance Pamphlet No. 5 (Vol. 1).

6. SHIPMENT OF EXPLOSIVES BY RAIL FREIGHT. Compliance will be made with car certificate requirements, when applicable, before loading packages of explosives into cars. Carriers do not require a special notice prior to shipments by rail freight.