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B-145324, APR. 17, 1961

B-145324 Apr 17, 1961
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EDUCATION AND WELFARE: FURTHER REFERENCE IS MADE TO A LETTER OF MARCH 13. IN WHICH WE WERE REQUESTED TO GRANT AN EXEMPTION FROM THE REQUIREMENTS OF CHAPTER 3000 OF TITLE 5 OF OUR POLICY AND PROCEDURES MANUAL PERTAINING TO THE ISSUANCE OF GOVERNMENT BILLS OF LADING. IT IS PROPOSED THAT ONE GOVERNMENT BILL OF LADING BE ISSUED EACH MONTH BY THE PUBLIC HEALTH SERVICE TO COVER MULTIPLE SHIPMENTS OF FOOD SAMPLES MOVING BY THE RAILWAY EXPRESS AGENCY. WE UNDERSTAND THAT THE FOOD-SERVING ESTABLISHMENTS FROM WHICH THE SAMPLES ARE TO ORIGINATE DO NOT HAVE FACILITIES FOR ISSUING GOVERNMENT BILLS OF LADING AND THAT. SINCE THERE IS A DEFINITE NEED FOR EXPEDITIOUSLY MOVEMENT OF THE SAMPLES. YOU ARE AUTHORIZED TO USE COMMERCIAL DOCUMENTS FOR THE SHIPMENT OF FOOD SAMPLES.

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B-145324, APR. 17, 1961

TO THE SECRETARY OF HEALTH, EDUCATION AND WELFARE:

FURTHER REFERENCE IS MADE TO A LETTER OF MARCH 13, 1961, FROM THE ACTING SECRETARY, IN WHICH WE WERE REQUESTED TO GRANT AN EXEMPTION FROM THE REQUIREMENTS OF CHAPTER 3000 OF TITLE 5 OF OUR POLICY AND PROCEDURES MANUAL PERTAINING TO THE ISSUANCE OF GOVERNMENT BILLS OF LADING, IN CONNECTION WITH CERTAIN SHIPMENTS BEING MADE FOR YOUR DEPARTMENT. IT IS PROPOSED THAT ONE GOVERNMENT BILL OF LADING BE ISSUED EACH MONTH BY THE PUBLIC HEALTH SERVICE TO COVER MULTIPLE SHIPMENTS OF FOOD SAMPLES MOVING BY THE RAILWAY EXPRESS AGENCY, AIR EXPRESS, BETWEEN VARIOUS POINTS WITHIN THE UNITED STATES IN CONNECTION WITH THE RADIOLOGICAL HEALTH PROGRAM ACTIVITIES.

PURSUANT TO THE PUBLIC HEALTH SERVICE ACT (42 U.S.C. CH 6A), YOUR DEPARTMENT PLANS TO COLLECT QUICK-FROZEN FOOD SAMPLES FROM CERTAIN FOOD- SERVING INSTITUTIONS IN THE UNITED STATES AND TO DELIVER SUCH SAMPLES, IN CONTAINERS 15 INCHES BY 15 INCHES BY 24 INCHES, WEIGHING APPROXIMATELY 50 POUNDS EACH, TO ONE OF THREE PUBLIC HEALTH LABORATORIES FOR AN ANALYSIS OF RADIOACTIVITY. THESE SAMPLES MUST BE DELIVERED WITHIN 36 HOURS FROM THE TIME OF PICKUP. WE UNDERSTAND THAT THE FOOD-SERVING ESTABLISHMENTS FROM WHICH THE SAMPLES ARE TO ORIGINATE DO NOT HAVE FACILITIES FOR ISSUING GOVERNMENT BILLS OF LADING AND THAT, UNDER PRESENT REGULATIONS, IT WOULD BE NECESSARY FOR THE PUBLIC HEALTH SERVICE TO PREPARE THE GOVERNMENT BILLS OF LADING TO COVER EACH SHIPMENT. YOU PROPOSE THAT AN EXPRESS RECEIPT BE USED FOR EACH SHIPMENT, AND A SINGLE GOVERNMENT BILL OF LADING BE ISSUED TO COVER EACH MONTH'S SHIPMENTS, WHICH YOU STATED WOULD ULTIMATELY TOTAL APPROXIMATELY 50 SHIPMENTS. THE RAILWAY EXPRESS AGENCY WOULD FORWARD THE COMMERCIAL EXPRESS RECEIPTS, EVIDENCING DELIVERY, TO THE HEADQUARTERS OFFICE OF THE DIVISION OF RADIOLOGICAL HEALTH, WASHINGTON, D.C., WHERE THE COVERING BILL OF LADING WOULD BE PREPARED AND FORWARDED TO THE RAILWAY EXPRESS AGENCY, WASHINGTON, D.C., FOR PREPARATION OF STANDARD FORM 1113, PUBLIC VOUCHER FOR TRANSPORTATION. THE RAILWAY EXPRESS AGENCY WOULD THEN FORWARD THE STANDARD FORM 1113, TOGETHER WITH THE PERTINENT GOVERNMENT BILL OF LADING TO THE PUBLIC HEALTH SERVICE HEADQUARTERS ACCOUNTING POINT, WASHINGTON, D.C., FOR PAYMENT.

IN VIEW OF THE PRACTICAL PROBLEMS WHICH WOULD ARISE IN THE USE OF INDIVIDUAL GOVERNMENT BILLS OF LADING FOR EACH OF THESE SMALL SHIPMENTS, AND SINCE THERE IS A DEFINITE NEED FOR EXPEDITIOUSLY MOVEMENT OF THE SAMPLES, YOU ARE AUTHORIZED TO USE COMMERCIAL DOCUMENTS FOR THE SHIPMENT OF FOOD SAMPLES, WEIGHING APPROXIMATELY 50 POUNDS, FROM VARIOUS FOOD- SERVING ESTABLISHMENTS IN THE UNITED STATES TO PUBLIC HEALTH SERVICE LABORATORIES FOR THE PURPOSE OF ANALYSIS FOR RADIO-ACTIVITY.

THIS AUTHORIZATION IS SUBJECT TO THE FOLLOWING CONDITIONS:

1. THAT THE WRITTEN AGREEMENT WITH RAILWAY EXPRESS AGENCY CONTAIN THE FOLLOWING PROVISION:

"THE SHIPMENTS COVERED BY THIS AGREEMENT CONSIST OF PROPERTY OF THE UNITED STATES AND ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STANDARD FORM OF THE UNITED STATES GOVERNMENT BILL OF LADING AND ANY OTHER APPLICABLE CONTRACT OR AGREEMENT OF THE CARRIER FOR THE TRANSPORTATION OF SHIPMENTS FOR THE UNITED STATES ON GOVERNMENT BILLS OF LADING.'

2. THAT EACH COMMERCIAL EXPRESS RECEIPT AND ALL COPIES THEREOF, PRIOR TO OR AT THE TIME OF TENDER OF THE SHIPMENTS TO THE CARRIER, WILL BE SEPARATELY STAMPED OR IMPRINTED WITH THE LEGEND:

"SUBJECT TO ALL THE TERMS AND CONDITIONS OF THE UNITED STATES GOVERNMENT BILL OF LADING STANDARD FORM NO. 1103.'

3. THAT THE CARRIER'S BILLS FOR CHARGES WILL BE SUBMITTED ON STANDARD FORM NO. 1113, PUBLIC VOUCHER FOR TRANSPORTATION CHARGES, SUPPORTED BY THE ORIGINAL COMMERCIAL EXPRESS RECEIPTS AND A SHOWING OF THE RECEIPT OF THE SHIPMENTS BY THE CONSIGNEE.

UNDER THE PROCEDURES PRESCRIBED, THE USE OF GOVERNMENT BILLS OF LADING TO COVER ANY OF THE INVOLVED SHIPMENTS WILL NOT BE REQUIRED.

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