12. Freight payable on weight is to be paid on gross weight landed from ocean vessel, unless herein otherwise provided, or unless the carrier elects to take the freight on the bill of lading weight, but inland freight and charges paid on wheat, peas, maize, or other grain, or seed, or other bulk articles, from point of shipment to seaboard, shall be paid by consignee at destination on the weight delivered on board ocean vessel. 13. If from any cause the whole or any part of the articles specified herein do not go in the vessel for which intended, the carrier shall forward them by other vessel or vessels employed by the ocean carrier, or by other vessels. 14. The property and carriage of the same covered by this bill of lading are subject to all the terms, liberties, conditions and exceptions expressed in the regular form of port bill of lading in use by the Steamship Company on the date of issuance of this document and then on file with the United States Maritime Commission in so far as they are not in conflict with this bill of lading; but if any of the terms, conditions and exceptions of such bill of lading or this bill of lading, are repugnant to the Carriage of Goods by Sea Act 1936 to any extent they shall be void to such extent (but no further) and shall be superseded to such extent by the appropriate terms, conditions and exceptions of said Act. This bill of lading shall have effect subject to the provisions of said Act. Nothing herein contained shall be deemed to be a surrender by the carrier of any of its rights or immunities or to be an increase of any of its responsibilities or liabilities under said Act, except as specifically stated in this bill of lading. 15. If the goods covered by this bill of lading are consigned hereunder beyond the port (B), the transshipment to connecting carrier shall be at the risk of the owner of the goods, but at vessel's expense, and all liability of the ocean carrier hereunder terminates on delivery to connecting carrier. PART III. With respect to the service after delivery at the port (B) second above mentioned, and until delivery at ultimate destination if destined beyond that port, it is agreed that— 1. In case the regular vessel service to final port of delivery should for any reason be suspended or interrupted, the ocean carrier, at the option of the owner or consignee of the goods, or the holder of the bill of lading, may forward the goods to the nearest available port, this to be considered a final delivery, or to store them at the port (B) second above mentioned at the risk and expense of the goods until regular service to final port of destination is opened again. 2. The property shall be subject exclusively to all the conditions of the carrier or carriers completing the transit. 3. The addressing of arrival notice to the notify party shall be exclusively the obligation of the carrier completing the transit. And finally, in accepting this bill of lading, the shipper, owner, and consignee of the goods, and the holder of the bill of lading. North Western. NOTE: This section was amended by add- § 51.15 System No. 15, Union Pacific. NOTE: This section was amended by deleting the words "The Kansas City Southern Railway Company", Oct. 24, amending order was not published in the 1939. The FEDERAL REGISTER. § 51.19 System No. 19, Rock IslandFrisco. ing the words "The Kansas City Southern NOTE: This section was amended by addRailway Company", Oct. 24, 1939. The amending order was not published in the FEDERAL REGISTER. PARTS 60-61: EMPLOYEES PART 60-CLASSIFICATION OF EM- $ 60.8a General yardmasters, terminal trainmasters, trainmasters, and assistants. The work defined as that of an employee or subordinate official in the orders of this Commission now in effect be, and it is hereby interpreted, in accordance with the findings in said report, as including the work of general yardmasters, terminal trainmasters, trainmasters, and their respective assistants at Denver, Pueblo, Grand Junction, will pass all required tests are authorized for transportation of inflammable inks. NOTE: Removable-head containers which and Salida, Colo., and Salt Lake City and Helper, Utah, points on the Rio Grande, so as to bring them within the definition of the term "employee" in the fifth paragraph of section 1 of the Rail-amended by the addition of the above note to NOTE: Paragraph (g) of this section was way Labor Act, as amended June 21, 1934, the paragraph, July 20, 1939, effective Oct. 25, (Sec. 1, 48 Stat. 1185; 45 U.S.C. 151) 1939; 4 F.R. 3426. but this shall not be construed as preventing the Rio Grande from designating one general yardmaster at Denver, Colo., and one at Salt Lake City, Utah, with authority to employ, dismiss, or discipline employees, and thus stamp them as officials. (Sec. 1, 48 Stat. 1185; 45 U.S.C. 151) [As added Mar. 29, 1939, 232 I.C.C. 44; 4 F.R. 1580] § 60.12a Red caps. The work defined as that of an employee or subordinate official in orders of this Commission now in effect be, and it is hereby, amended and interpreted so as to include the work of persons designated by terms such as "red caps", station attendants, station porters, parcel porters, ushers, chief ushers, and captains, whose duties consist of or include the carrying of passengers' hand baggage and otherwise assisting passengers at passenger stations and other places on carriers' premises and equipment, in cities of 100,000 population or less as well as in cities of over 100,000 population, based on the 1930 census, whether such persons received a stated compensation or are entirely dependent upon tips, and brings the persons performing such work within the term "employee" as used in the fifth paragraph of section 1 of the Railway Labor Act, as amended. (Sec. 1, 48 Stat. 1185; 45 U.S.C. 151) [As amended Mar. 29, 1939, 232 I.C.C. 49; 4 F.R. 1580] SHIPPING CONTAINER SPECIFICATION 14 WOODEN BOXES § 72.14-4 Additional box. (d) Nails must be fourpenny and cement coated; plain nails driven through and clinched are permitted for cleats. (Sec. 233, 41 Stat. 1445; 18 U.S.C. 383) [As amended Feb. 13, 1939, effective May 15, 1939; 4 F.R. 1018] § 72.14-5 Further additional box. Tops and bottoms must be fastened to sides with nails spaced approximately 6 to 8 inches apart. (Sec. 233; 41 Stat. 1445; 18 U.S.C. 383) [As amended Feb. 13, 1939, effective May 15, 1939; 4 F.R. 10181 872.14-7 Further additional box. * (c) Nails must be fourpenny cement coated. [As amended Feb. 13, 1939, effective May 15, 1939; 4 F.R. 1018] SHIPPING CONTAINER SPECIFICATION 36A TRIPLEX BAGS § 72.36A-2 Construction. (a) Bags must conform to one of the following types: (c) Bags are to be closed with tape at least 234 inches wide, of type described in paragraph (a) (5) of this section, and cemented with curing rubber latex in the manner described in paragraph (a) (5) of this section. Bags may be cementclosed by any other method or by the use of any other adhesive, which can be demonstrated by tests to be equally effective. Bags may also be closed by double tying with steel wires of No. 16 Birmingham wire gage, or heavier. Tensile strength of closure must be at least equal to tensile strength of bag material. [As amended Feb. 13, 1939, effective May 15, 1939; 4 F.R. 10181 AND OTHER DANGEROUS AR- § 80.35 Diazodinitrophenol. (1) Osnaburg cotton cloth weighing at least 81⁄2 ounces per square yard, lined with two sheets, each of No. 1 kraft creped paper weighing 35 pounds PART 80-FREIGHT: EXPLOSIVES or more per ream, cemented together with asphaltum and cemented to Osnaburg bag. Bags must be securely sewn or cemented, dust-tight, at bottom and side seams. Complete bag must have tensile strength not less than warp 100 pounds, fill 100 pounds. After filling, bag must be securely fastened by double tying with steel wires of No. 16 Birmingham wire gage, or heavier. [As amended Feb. 13, 1939, effective May 15, 1939; 4 F.R. 10181 * SHIPPING CONTAINER SPECIFICATION 36B LINED BURLAP BAGS § 72.36B-2 Construction. (a) (5) All seams must be pasted with curing rubber latex and must overlap 1 inch; or, if taped, the tape must overlap at least 1 inch on both sides of the abutted edges. All seams and taped or pasted closures shall be jointed so as to cause the burlap faces of the bag material to be cemented to each other. The taped top and bottom closures must overhang one-half inch beyond each side of the bag mouth and be securely cemented together to eliminate any sifting. All tape must be of the same construction as the bag body material, or of a type at least equal in strength and stretch. The strength of all seams must be at least equal to the strength of the bag material. [As amended Feb. (b) Packing and weight. Diazodinitrophenol in bulk form must be packed wet with not less than 30 percent by weight of water, or wet with not less than 25 percent by weight of alcohol. When packed with water, the packing must be as described in § 80.33 (b) for fulminate of mercury. When wet with alcohol, it must be packed in a waterproof bag made of rubber cloth. There must be a cap of the same fabric and of the same diameter as the bag over the diazodinitrophenol and inside the bag. The dry weight of diazodinitrophenol in one container must not exceed 150 pounds. The bag holding the diazodinitrophenol, wet with either water or alcohol, must be packed as described in $ 80.33 (b) for fulminate of mercury. As amended Feb. 13, 1939, effective May 15, 1939; 4 F.R. 1017] § 80.42 Ammunition for cannon. (b) Packing. Ammunition for cannon with explosive projectiles, or with gas, smoke, or incendiary projectiles, must be well packed and properly secured in strong wooden or metal containers. Except when shipped by, for, or to the War and Navy Departments of the United | bottles or tubes in hermetically sealed States Government, or unless of a type metal cans in corrugated fiberboard carapproved by the Bureau of Explosives, tons, specification 2C. Bottles must detonating fuzes, tracer fuzes, explosive contain not over 1 pound of liquid each, or ignition devices, or fuze parts with must be filled to not over 95 percent explosives contained therein, must not be capacity, must be tightly and securely assembled in the explosive projectile, gas, closed, and must be cushioned in cans smoke, or incendiary projectile, or in- with at least one-half inch of absorbent cluded in the same outside package. [As material. Cans must be made of metal amended Feb. 13, 1939, effective May 15, at least 32 gage U. S. standard. Total 1939; 4 F.R. 1017] amount of liquid in outside box must not exceed 24 pounds. [As amended Feb. 13, 1939, effective May 15, 1939; 4 F.R. 10171 § 80.45 Explosive projectiles, bombs, grenades, mines, torpedoes. (b) Packing. (1) Explosive projectiles, explosive torpedoes, explosive mines, explosive bombs, or explosive grenades, except as provided herein, must be packed and properly secured in strong wooden or metal boxes. Except when shipped by, for, or to the War and Navy Departments of the United States Government, or unless of a type approved by the Bureau of Explosives, detonating fuzes, tracer fuzes, explosive or ignition devices, or fuze parts with explosives contained therein, must not be assembled or included in the same outside package. (3) Explosive articles as follows: Gas projectiles, smoke projectiles, incendiary projectiles, gas bombs, smoke bombs, incendiary bombs, gas grenades, smoke grenades, and incendiary grenades must be packed and properly secured in strong wooden boxes. Except when shipped by, for, or to the War and Navy Departments of the United States Government, or unless of a type approved by the Bureau of Explosives, detonating fuzes, bouchons, or ignition elements must not be assembled therein. (See § 80.195 (f) (g) for nonexplosive chemical or poisonous ammunition.) (Sec. 233, 41 Stat. 1445; 18 U.S.C. 383) [As amended Feb. 13, 1939, effective May 15, 1939; 4 F.R. 1017] § 80.195 Special packing requirements for poisonous gases and liquids, class A(a) Chlorpicrin and mixtures, bromacetone, and acrolein. Or in wooden boxes, specification 15A, 15B, 15C, or 16A, with inside glass * NOTE: The next to the last paragraph of paragraph (a) of this section was amended, February 13, 1939, effective May 15, 1939; 4 F.R. 1017. § 80.197 Containers, poisonous liquids class B. (b) Group packing. NOTE: Shipments of sodium arsenite in specification 5E metal drums, capacity not exceeding 55 gallons, are authorized. * NOTE: Paragraph (b) of this section was therein to read as set forth above, July 20, amended by amending the note appearing 1939, effective Oct. 25, 1939; 4 F.R. 3426. PART 81-EXPRESS: EXPLOSIVES § 81.90 Special packing requirements for poisonous liquids, class B. (i) Chlorpicrin may also be packed in wooden boxes, specification 15A, 15B, 15C, or 16A, with inside glass bottles or tubes in hermetically sealed metal cans in corrugated fiberboard cartons, specification 2C. Bottles must contain not over 1 pound of liquid each, must be filled to not over 95 percent capacity, must be tightly and securely closed and must be cushioned in cans with at least one-half inch of absorbent material. Cans must be made of metal at least 32 gage U. S. standard. Total amount of liquid in outside box must not exceed 24 pounds. (Sec. 233, 41 Stat. 1445; 18 U.S.C. 383) [As amended Feb. 13, 1939, effective May 15, 1939; 4 F.R. 1018] amended by the addition of the above, Feb. NOTE: Paragraph (1) of this section was 13, 1939, effective May 15, 1939; 4 F.R. 1018. PART 91: INSPECTION PART 91-LOCOMOTIVE INSPECTION § 91.118 Fire doors and mechanical stokers. (c) All coal-burning steam locomotives which weigh on driving wheels 160,000 pounds or more to be used in fast or heavy passenger service, built on or after April 15, 1939, shall be equipped with a suitable type of mechanical stoker, and all coal-burning steam locomotives which weigh on driving wheels 175,000 pounds or more to be used in fast or heavy freight service, built on or after April 15, 1939, shall be equipped with a suitable type of mechanical stoker and such stokers shall be properly maintained. Each railroad which operates coal-burning locomotives of the above weights shall file with the Chief Inspector of the Bureau of Locomotive Inspection as of April 15, 1939, a list of all hand-fired coal-burning locomotives of the above weights built prior to April 15, 1939, which will in the future be used in fast or heavy service on its line, and mechanical stokers will be applied each 12-month period to not less than 20 percent of the total number so listed, and all locomotives included in said list shall be so equipped before April 15, 1944, and such stokers shall be properly maintained. For the present this order shall not apply to deckless locomotives equipped with two cabs, which are generally known as the "Mother Hubbard type," built prior to April 15, 1939. (Sec. 5, 36 Stat. 914, sec. 1, 38 Stat. 1192, sec. 2, 43 Stat. 659; 45 U.S.C. 28, 23) [As amended Mar. 18, 1939; 4 F.R. 1288] NOTE: Paragraph (c) of this section was previously amended by substitution of the date "March 1, 1939" for "February 1, 1939", by order, Jan. 30, 1939; 4 F.R. 486. PARTS 101-103: PASSES AND FREE PART 101-RAIL AND WATER § 101.3 Officers issuing and requesting passes. (a) Each carrier shall file with the Commission: tation and over whose signature passes will be issued, and (2) A list of the names and titles of officers having the authority to request PARTS 120-129: REPORTS AND STATISTICS The PART 120-ANNUAL, SPECIAL OR § 120.15 Expenditures by Class I steam railroads. Each and every Class I steam railroad subject to the provisions of section 20 of the Interstate Commerce Act, shall submit to the Bureau of Accounts, Interstate Commerce Commission, at intervals of 6 months, the following information, each report to be filed in duplicate within 30 days after the close of the period to which it relates and the first report to be for the 6 months ending June 30, 1939: (a) An itemized report showing amounts recoverable by the carrier whose accounts are rechecked. (b) An itemized report showing the amounts due by the carrier whose accounts are rechecked. (c) An itemized report showing the fees paid to outside rechecking agencies. (d) An estimate in detail of what the cost of rechecking would be if the work had been performed by the carriers' own forces. (e) A statement setting forth reasons for employing outside concerns instead of using its own employees. (Sec. 20, 24 Stat. 386, sec. 7, 34 Stat. 593, 35 Stat. 649, sec. 14, 36 Stat. 555, sec. 1, 38 Stat. 1196, 39 Stat. 441, secs. 434-438, 41 Stat. 493, 494; 49 U.S.C. 20 (1)–(10)) [Order, (1) A list of the names and titles of officers in whom is reposed the authority for issuance of free transpor- | Feb. 2, 1939; 4 F.R. 598] |