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1171

Rules governing applications for certificates of
registration by foreign motor carriers and for-
eign motor private carriers under 49 U.S.C.
10530..............

1172-1174 [Reserved]

PARTS 1175-1199 FINANCE PROCEDURES

PARTS 1175-1179 SECURITIES, SECURITY INTERESTS, AND
FINANCIAL STRUCTURES

1175 Issuance of securities and assumption of obligations and liabilities......

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488

490

493

1176 1177

1178-1179

PARTS 1180-1189 COMBINATION AND OWNERSHIP

1180

Railroad acquisition, control, merger, consolida-
tion project, trackage rights, and lease proce-
dures....

497

........

1181

Transfers of operating rights under 49 U.S.C.
10926...............

523

1182

Motor carrier of passengers applications to consol-
idate, merge or acquire control under 49 U.S.C.
11343-11344.

535

1183

Control or consolidation of motor carriers of pas-
sengers or their properties

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(b) Colors. When illustrated in color, the background is National Flag blue, the eagle and olive branch proper, and the arrows, stars, scroll and encircling inscription white. The motto is of the same blue as the background, and the blue of the shield is a medium shade. The outer border of the seal and the edge of the shield are gold color.

(Sec. 12, 24 Stat. 383 as amended, sec. 17, 40 Stat. 270, as amended; 49 U.S.C. 12, 17)

§ 1000.5 Credentials required by special agents, accountants, and examiners. (a) Carrier records and property subject to inspection and examination.

(1) Persons appointed as special agents, accountants, and examiners of the Commission are authorized to enter upon, to inspect and examine any and all lands, buildings, and equipment of carriers and other persons subject to the Interstate Commerce Act and related Acts, and to inspect and copy any and all accounts, books, records, memoranda, correspondence, and other documents of carriers, and other persons subject to the Act.

(2) Inspection or copying authority with respect to persons who furnish railroad cars or protective service against heat or cold to or on behalf of a carrier or an express company, shall be limited to accounts, books, records, memoranda, correspondence, other documents which pertain or relate to cars or protective service.

and

(3) Carriers and other persons subject to the Act shall submit their accounts, books, records, memoranda, correspondence, and other documents for inspection and copying, and such carriers and other persons shall submit their lands, buildings, and equipment for examination and inspection, to any special agent, accountant, or examiner of the Commission upon demand and the display of a Commission credential identifying him as a special agent, accountant, or examiner.

(b) Definition of "other persons subject to the Act." The term "other persons subject to the Act," as used in this section, includes:

(1) Brokers subject to Part II of the Interstate Commerce Act, freight forwarders subject to Part IV of the Act, lessors of carrier operating rights, receivers, trustees, administrators, executors, and other persons having custody, possession, or control of barrier operations or the business of other persons subject to the Act;

(2) Persons who furnish railroad cars or protective service against heat or cold to or on behalf of railroads or express companies (but only with respect to records pertaining to the cards or protective services to be furnished);

(3) Associations of carriers or brokers subject to the Act which perform any service or engage in any activities in connection with any traffic, transportation, or facilities subject to the Act;

(4) And, to the extent specified in orders of the Commission issued under section 5 of the Act, persons controlling two or more carriers.

(c) Definition of special agents, accountants, and examiners. The duties of the following described employees or positions, and such other employees of the Commission as the Chairman shall specify in writing, include those of special agent, accountant or examiner, and they are hereby authorized to inspect and copy records and to inspect and examine lands, buildings, and equipment in the same manner and to the same extent as special agents, accountants, and examiners: Chairman

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Vice Chairman

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(Sec. 6, 36 Stat. 915, as amended, secs. 12, 20, 24 Stat. 383, as amended, 386, as amended, sec. 25, 41 Stat. 498, as amended, sec. 220, 49 Stat. 563 as amended, sec. 313, 54 Stat. 944, as amended, sec. 412, 56 Stat. 294, as amended; 45 U.S.C. 29, 49 U.S.C. 12, 20, 26, 320, 913, 1012; 49 U.S.C. 11144(b); 5 U.S.C. 553) [38 FR 7229, Mar. 19, 1973, as amended at 45 FR 80292, Dec. 4, 1980; 46 FR 30502, June 9, 1981]

§ 1000.10 Availability of statements of policy, interpretations, and other matters not required to be published in the Federal Register.

(a) The Interstate Commerce Commission, in performing its duties under the Interstate Commerce Act, frequently formulates and adopts statements of general policy, or interpretations of general applicability, and other matters not required to be published in the FEDERAL REGISTER in rendering decisions in proceedings involving the operating rights, financial structures, or rates and practices of brokers, electric railways, express companies, freight forwarders, motor carriers, pipelines, private car companies, rail carriers, and water carriers. Because such statements of policy and interpretations of general applicability are scattered throughout more than 320,000 pages in over 400 volumes of Commission reports and because such policies and interpretations must be revised or repealed from time to time as required by changing technology and economic conditions, it is not feasible, and is wholly impractical, to state them separately and publish them in the FEDERAL REGISTER. Further, to be fully understood, such statements of general policy or interpretations of general applicability must be read in context in the Commission's reports where they are explained, revised, or repealed in relation to the factual situations to which they are applicable. Notice is hereby given that those portions of the printed reports of decisions of the Interstate Commerce Commission which contain statements of general policy or interpretations of general applicability are digested, arranged topically, and indexed both in the multivolume set "Interstate Commerce Acts Annotated" (supplemented monthly by the "Advance Bulletin of Interstate Commerce Acts Annotated") and in the index-digests in the backs of bound volumes of Interstate Commerce Commission reports. The multivolume set, "Interstate Commerce Acts Annotated" and the three series of Interstate Commerce Commission reports (i.e., I.C.C., M.C.C. and Val. Rep.) are published and sold by the Government

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Printing Office, and are sent free to Depository Libraries (44 U.S.C. 82), which include all State libraries, two libraries in each congressional district, the libraries of land grant colleges, and other libraries. Copies are also available for public examination in the Interstate Commerce Commission Library in Washington, D.C. The indexes in these publications are maintained in compliance with the provision in 5 United States Code 552(a)(2). The "Advance Bulletin of Interstate Commerce Acts Annotated" and recent reports, which have not yet been included in published indexes, are available upon request from the Office of the Secretary, Interstate Commerce Commission.

(b) Because of the large volume of reports, it is the policy of the Commission to print for publication in bound volumes only reports of those cases decided by the entire Commission or by a division thereof and more significant reports of employee boards. With few exceptions, reports and orders of employee boards are duplicated ("no print reports and orders") and distributed to the parties and made available to the press. From time to time "no print reports and orders" are cited as precedents in other cases. Therefore, notice is hereby given that duplicated "no print reports and orders", are indexed by docket number and title, and filed by subject matter and are available for public inspection in the Section of Reference Services of the Commission in Washington, D.C. These indexes and files are maintained in compliance with the provision in 5 United States Code 552(a)(2). Persons outside Washington, D.C., can obtain information about, or copies of, such duplicated reports by writing to the Secretary of the Commission.

(Sec. 12, 24 Stat. 383, as amended, 49 U.S.C. 12; 81 Stat. 54, 5 U.S.C. 552)

Subpart B-Canons of Conduct

AUTHORITY: Sec. 6, 36 Stat. 915, as amended, secs. 12, 20, 24 Stat. 383, as amended, 386 as amend, sec. 25, 41 Stat. 498, as amended, sec 220, 49 Stat. 563 as amended, sec. 313, 54 Stat. 944, as amended, sec, 412, 56 Stat. 294, as amended; 45 U.S.C. 29, 49 U.S.C. 12, 20, 26, 320, 913, 1012, 5 CFR Part 735.

SOURCE: 44 FR 4610, Jan. 22, 1979, unless otherwise noted.

§ 1000.735-11 General standard of conduct.

Members and employees of the Commission hold a public trust. To honor that trust, they must maintain unusually high standards of honesty, integrity, and impartiality in all aspects of their official conduct. They shall perform their duties fairly and expeditiously and with a view to carrying out the national transportation policy. They shall be courteous and prompt in serving the public.

§ 1000.735-12 Interpretation and advisory service.

(a) The Commission's General Counsel shall be the Ethics Counselor. The Director of Personnel shall be the principal Deputy Ethics Counselor. The Ethics Counselor, with the approval of the Chairman, shall designate additional Deputy Ethics Counselors as he or she deems necessary or appropriate to carry out his or her responsibilities under these Canons.

(b) On June 30 of each year, the Ethics Counselor shall report to the Commission on the operation of the Canons and guidelines with any recommendations the Ethics Counselor

deems advisable.

(c) The Director of Personnel shall furnish copies of the Canons of Conduct and guidelines to each new member and new employee upon his or her entrance on duty. The Ethics Counselor shall annually, or as circumstances may warrant, bring to the attention of each member or employee the Canons of Conduct and guidelines. The Ethics Counselor shall inform all members and employees of the names of the Deputy Ethics Counselors and of the procedures for seeking advice concerning the interpretation and application of these Canons.

[44 FR 4610, Jan. 22, 1979, as amended at 48 FR 30880, July 5, 1983]

§ 1000.735-13 Prohibited financial interests.

Members and employees shall not be employed by, or hold any official relation to, or own any securities of, or be

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