REGULATIONS TO GOVERN THE DESTRUCTION OF RECORDS OF CARRIERS BY WATER PRESCRIBED BY THE INTERSTATE COMMERCE COMMISSION IN ACCORDANCE WITH SECTION 20 OF PART I AND SECTION 313 Authority to destroy certain records_ 25.2 (a) Preservation of other records; special permission to destroy. Officer having supervision of destruction___ Written authority of officer having supervision of destruction_. Accidental destruction of accounts, records, and memoranda_. Duplicate accounts, records, and memoranda__ List of accounts, records, and memoranda, and periods of retention_ III TITLE 49-TRANSPORTATION AND RAILROADS CHAPTER I-INTERSTATE COMMERCE COMMISSION SUBCHAPTER C-CARRIERS BY WATER PART 325-PRESERVATION AND DESTRUCTION OF RECORDS Order At a session of the Interstate Commerce Commission, Division 1, held at its office in Washington, D. C., on the 2d day of July A. D. 1945. The matter of regulations to govern the destruction of records of carriers by water being under consideration by the Division, pursuant to the authority of sections 20 and 313 of the Interstate Commerce Act, and the Division having found that the "Regulations to Govern the Destruction of Records of Carriers by Water, Issue of 1945," hereto attached and made a part hereof, are necessary for purposes of administration of the provisions of Part I and Part III of the Act; it is ordered: 1. Regulations prescribed. Every carrier by water and every lessor thereof subject to the provisions of the Interstate Commerce Act, and every trustee, receiver, executor, administrator, or assignee of any such carrier by water or lessor, is hereby required to comply with the "Regulations to Govern the Destruction of Records of Carriers by Water, Issue of 1945," in the destruction and retention of their operating, accounting, financial papers, records, books, blanks, tickets, stubs, and documents of carriers by water. 2. Effective date. The "Regulations to Govern the Destruction of Records of Carriers by Water, Issue of 1945," shall become effective on August 1, 1945. 3. A copy of this order and of the "Regulations to Govern the Destruction of Records of Carriers by Water, Issue of 1945," herein prescribed, shall be served upon every carrier by water and every lessor subject to the Act, and upon every trustee, receiver, executor, administrator, or assignee of any such carrier by water or lessor, and notice of this order shall be given to the general public by depositing a copy thereof in the office of the Secretary of the Commission at Washington, D. C., and by filing it with the Director of the Division of the Federal Register. By the Commission, Division 1. (SEAL) W. P. BARTEL, IV SPECIAL NOTE Section 317 (d) and section 313 (g) of the Interstate Commerce Act ad as follows: Section 317 (d). Any water carrier or other person, or any officer, agent, ployee, or representative thereof, who shall willfully fail or refuse to make a port to the Commission as required by this part, or to make specific and full, ue, and correct answer to any question within thirty days from the time it is wfully required by the Commission so to do, or to keep accounts, records, and emoranda in the form and manner prescribed by the Commission, or shall willlly falsify, destroy, mutilate, or alter any report, account, record, memorandum, ook, correspondence, or other document, required under this part to be kept, or ho shall willfully neglect or fail to make full, true, and correct entries in such ccounts, records, or memoranda of all facts and transactions as required under his part, or shall willfully keep any accounts, records, or memoranda contrary to he rules, regulations, or orders of the Commission with respect thereto, or shall nowingly and willfully file with the Commission any false report, account, ecord, or memorandum, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of the United States of competent jurisdiction within Che district in which such offense was in whole or in part committed, be subject for each offense to a fine of not more than $5,000. As used in this subsection the word ''keep" shall be construed to mean made, prepared, or compiled, as well as retained. Section 313 (g). The Commission may issue orders specifying such operating, accounting, or financial papers, records, books, blanks, tickets, stubs, correspondence, or documents of water carriers or lessors as may, after a reasonable time, be destroyed, and prescribing the length of time the same shall be preserved. Comparable provisions are contained in part I, section 20 (7) (b) and section 20 (8). The regulations set forth in this order pertain only to the accounts, records, and memoranda named or described herein. Destruction of all accounts, records, and memoranda except as specifically provided in the regulations is subject to penalties contained in section 20 and section 317 of the Act. It is not intended that these regulations shall be interpreted as requiring that the records herein named shall be installed, when such records are not already kept by a carrier. The following regulations to govern the destruction of records of carriers by water subject to part I or part III of the Interstate Commerce Act are in lieu of Part 110, Subpart F, and Part 116 of Title 49, Code of Federal Regulations. Section 325.1 Authority to destroy certain records. 325.2 (a) Preservation of other records; special permission to destroy. (b) Photographic copies. |