not to exceed 2 years any foreign letter or printed matter bearing a specified name or address appearing on the outside. Such mail will be marked "Refused" by the post office and treated as undeliverable. After delivery, he may mark a piece of mail "Refused" and return it unopened to the mail, "Except" registered, insured, certified and COD mail may not be returned after delivery has been effected. Refused matter, including mail withheld from delivery in accordance with the addressee's request, will be treated as undeliverable. Where a person claiming to be the addressee of certain mail is unknown to the postmaster, the mail may be withheld pending identification of the claimant.

(b) Delivery to persons having similar names. Unless persons with similar names adopt some means to distinguish their mail, postmasters will use their judgment in making delivery.

(c) Mail delivered to wrong person. A person receiving mail not intended for him should promptly return it to the post office endorsed "Opened by Mistake" with his signature, if the letter has been opened; otherwise it should be endorsed "Not for * **, Not at this address," etc.

(d) Checks issued by the Federal Government. (1) Federal Government checks will be delivered to the addressee, to persons who customarily receive his mail, or to other persons authorized in writing to receive his mail. Delivery will not be made to an attorney, claim agent, or broker even through the addressee requests such delivery unless the check is specifically addressed in care of the attorney, claim agent, or broker.

(2) If convenient, the addressee will be alerted by ringing the bell or knocking on the door. The carrier is not required to await a response.

(3) Delivery will be withheld and the check returned to the sender if it is known that the addressee:

(i) Is deceased.

(ii) Has moved without filing a change of address even though the new address may be known.

(iii) Has reenlisted in the military or naval service.

(iv) Is under guardianship.

(v) Is a widow who has remarried and the check is not addressed to her in her new name.

(e) Checks issued by State and local Governments. State and local government checks will be handled in accordance with instructions printed on the

envelopes. Certain of these checks have instructions not to transfer or forward. If undeliverable as addressed, such checks will be returned to the sender immediately.

(f) Mail marked in care of another. Mail marked "In Care of" another is delivered to the first of the two persons named who may call for it; or to the address of the person in whose care it is directed in the absence of instructions from the addressee.

(g) Restricted delivery. Registered, certified, numbered insured, and COD mail which the sender has restricted in delivery to the addressee only may not be delivered to any other person except as provided in § 161.1(e) (3).

(h) Mail marked personal. Mail bearing the word "Personal" is delivered in the same way as other mail for the addressee.

(a) Delivery to addressee's agent. (1) Unless otherwise directed, an addressee's mail may be delivered to his employee or to a competent member of his family. A person or a number of persons may designate another to receive their mail. Designation of another person to receive mail should be in writing, but no special form is furnished or required.

(2) When mail is to be delivered to a commercial mail receiving agency, Form 1583, Application for Delivery of Mail Through Agent, must be signed by both the commercial agent and the addressee. The original of the completed Form 1583 must be filed with the postmaster and a duplicate copy of the completed Form 1583 must be kept on file by the commercial agency. The original copy of Form 1583 will be filed without verifying the addressees shown thereon and without obtaining statements from the references given unless the postmaster is specifically requested to do so by the inspector in charge, or when there is reason to believe the mail will be, or is being, used for unlawful purposes. In consideration of delivery of the mail to the commercial agent, the addressee and the agent are considered to agree that:

(i) No change of address order will be filed with the post office when the agency relationship is terminated;

(ii) The forwarding of mail intended for the addressee is the responsibility of the agent; and,

(iii) When remailed by the commercial agent, the mail is subject to payment of new postage since delivery is deemed to have been made when the mail was delivered to the commercial agent.

(b) Mail addressed to minors. A minor's guardian may control delivery of 'mail addressed to the minor. If there is no guardian, and the minor is unmarried, then the father or, if he is dead, the mother may receive delivery of the minor's mail.

(c) Mail addressed to incompetents. Where a person has been legally declared an incompetent, his mail may be delivered in accordance with the order to his guardian or conservator. Where there is no legal representative, the mail is delivered as addressed.

4

(d) Mail addressed to deceased persons. Mail addressed to deceased persons may be delivered to the executor or administrator. When there will be no court action on the deceased's estate, the mail may be delivered as agreed to by all the -heirs.

§ 154.3 Jointly addressed mail.

(a) Delivery of jointly addressed mail. Where mail is jointly addressed, for example, "Mr. and Mrs. John Doe, John and Jane Doe," neither party can control delivery of such mail over the objection of the other. Jointly addressed mail is delivered as addressed by the sender so long as one of the parties can receive it there, except that U.S. Government checks will be returned if either party is deceased.

(b) Delivery of mail addressed to husbands and wives. Neither party may control delivery of mail addressed to the other. In the absence of instructions from the wife, her mail is placed with the husband's and delivered to him with his own.

§ 154.4 Delivery to officials or employees of organizations.

(a) Mail directed to officials or employees of a governmental or private organization at the address of the organization will be delivered to the organization when such mail is claimed both by an officer or employee and by the organization. This also applies to mail addressed in this manner to former officials or employees.

(b) Mail addressed elsewhere to a public or private official by title or to the organization even though marked to the

attention of a particular person or title will be delivered to the organization if it so directs.

§ 154.5 Delivery to officials or employees of corporations and unincorporated firms.

(a) Mail addressed to corporations is delivered as addressed or to an authorized agent. Where disagreement arises among corporate officers and others connected with the company, the mail is delivered in accordance with the order of the president of the corporation.

(b) Mail addressed to unincorporated firms or partnerships is delivered as addressed so long as the business is being conducted under the same name at the same address despite some members of the firm's breaking off relations.

§ 154.6 Delivery to persons at hotels, institutions, schools, etc.

(a) Mail addressed to patients or inmates at institutions, unless otherwise directed by the addressee, is delivered to the institution authorities, who in turn will deliver the mail to the addressee in accordance with the institution's rules and regulations.

(b) Mail addressed to persons at hotels, schools, and similar places is delivered with the other mail directed to the hotel or school, unless otherwise ordered by the addressee. If the addressee is no longer at that address, the mail should be redirected to his current address. If the forwarding address is unknown, the mail should be returned to the post office.

(c) Registered mail addressed to persons at hotels and apartment houses will be delivered to the persons designated by the management of the hotel or apartment house in a written agreement with the Postal Service. If delivery of the registered mail has been restricted by the sender, it may not be delivered to the representative of the hotel or apartment house but only to the addressee.

§ 154.7 Conflicting orders by two or more parties for delivery of same mail.

(a) Delivery to receiver. Where persons make conflicting orders for delivery of the same mail, and they are unable to agree among themselves as to which of the parties may receive the mail, the mail may be delivered to a named receiver or third party unanimously agreed to by the disputing parties.

(b) Reference to regional counsel for ruling. Where the disputing parties are

unable to select a receiver, each party shall furnish the postmaster all available evidence on which he relies to exercise control over the disputed mail. If after receipt of such evidence the postmaster is still in doubt as to who should receive the mail, the postmaster will submit the case to his regional counsel for a ruling.

(c) Delivery of mail in accordance with court order. When the same mail is claimed by different persons, and a court decides to whom delivery should be made, the mail will be delivered in accordance with the court order.

§ 154.8 Delivery of packages.

(a) Heavy or bulky packages. Heavy or bulky packages of any class will be delivered as addressed if facilities are available.

(b) Unprotected places. Parcels will not be left on porches, steps, or elsewhere unprotected, except on the written order of the customer or when authorization for such delivery has been placed on the parcel by the mailer.

(c) Multiple-floor buildings. Parcel post, registered, insured, certified, and special-delivery articles will be delivered to the addressee or his authorized agent in person without regard to the floor on which his office or apartment is located. Cooperation of customers is requested, however, in making arrangments for mail to be delivered on the first floor.

(d) Second-attempt delivery. If an ordinary parcel cannot be delivered on the carrier's first attempt, a notice will be left at the address indicating that the parcel is being held awaiting call. If the parcel is not called for, a second notice is sent after 5 days. If there is no response within 5 days after the second notice and no retention period is specified by the sender, the parcel will then be treated as undeliverable. When a retention period is specified, it is observed up to 30 days after the first notice. A second attempt to deliver will be made only if requested by the addressee.

(e) Street-address delivery for box renters. Parcel post mail for customers residing within the city delivery limits who receive mail through rented boxes will be delivered to a designated street address on written request.

§ 154.9 Delivery to military organizations and naval vessels.

(a) Units not operating military post offices. Mail addressed to the Commanding General, Commander, Commanding

Officer, staff sections and other officials by title, and personnel of military organizations, except registered, numbered insured, and certified mail endorsed "restricted delivery," will be delivered to unit mail clerks or mail orderlies when such individuals have been designed on DD Form 285, Appointment of Unit Mail Clerk or Mail Orderly to receipt for all mail addressed to the unit for which he is designated. If the unit mail clerk or mail orderly has been designated on DD Form 285 to receipt for ordinary mail only, then registered, numbered insured, - and certified mail addressed to individuals by name may be delivered to the unit mail clerk or mail orderly only if authorized by the addressee on Form 3849, Mail Arrival Notice, or 3801, Standing Delivery Order.

(b) Units operating military post offices. All mail addressed to military organizations that operate military post offices will be delivered to the military postal clerk or an assistant postal clerk or to a postal finance clerk for the organization. Additionally, mail for other military organizations may be delivered to military postal clerks or postal finance clerks for further delivery when 'requested.

(c) Restricted delivery mail. Registered, numbered, insured, and certified mail marked "Deliver to addressee only" will be delivered only to the person to whom addressed. However, such mail addressed to the Commanding General, Commander, Commanding Officer, staff sections, and other officials by name and title, may be delivered to an authorized agent named by him in writing. "Deliver to addressee only" mail addressed to other personnel will not be delivered to unit mail clerks or mail orderlies, except when the addressee is located at a point remote from the post office. In such instances, this mail may be delivered to unit mail clerks or mail orderlies on written request of the addressee.

(d) Identification. Unit mail clerks, mail orderlies, postal clerks, and assistant postal clerks must provide proper identification to obtain mail. DD Form 285, properly completed showing classes of mail that the bearer is authorized to receive, with the military identification card, or Government issued identification bearing the individual's picture in the case of a civilian employee, will be required.

(e) Return receipts. Return receipts for registered, numbered insured, and certified mail shall not be completed by anyone other than the addressee.

Sec.

155.1

155.2

155.3

155.4

155.5 155.6

PART 155-CITY DELIVERY

Establishing city delivery.

Extension of city delivery.

Submission of petitions.
Mail receptacles.

Out-of-bounds customers.

Apartment house receptacles. AUTHORITY: The provisions of this Part 155 issued under 5 U.S.C. 301, 39 U.S.C. 501, 505.

SOURCE: The provisions of this Part 155 appear at 35 F.R. 19459, Dec. 23, 1970, unless otherwise noted.

§ 155.1 Establishing city delivery.

City delivery service may be established at any post office with annual postal receipts of at least $10,000 and having a population of 2,500 or more living within territory possessing good continuous sidewalks, surfaced streets, house numbers, street signs, and mail receptacles or door slots. The territory must be 50 percent improved with houses. When two or more building lots constitute the grounds of one residence, the plot may be regarded as improved. Where all other requirements are met, that regarding sidewalks is waived if there are suitable walks from the streets to houses. Walks of any material, including gravel and cinders, that render them passable throughout the year are acceptable.

§ 155.2 Extension of city delivery.

To extend existing city delivery service by foot carrier to new areas, 50 percent of the proposed new area must be improved with houses and meet the other requirements for establishment of city delivery. These requirements do not apply to the same extent to delivery by motorized city carrier.

§ 155.3 Submission of petitions.

Requests or petitions to establish, change, or extend city delivery service must be made to the local postmaster. No formal petition is required.

§ 155.4 Mail receptacles.

(a) Obligation of patron. Customers of the carrier delivery service must provide mail receptacles or door slots. Business houses are not required to provide mail receptacles or door slots if they are open and someone is on hand to receive

the mail when the carrier calls. Where an office building is equipped with an elevator, carriers will deliver to individual offices, provided they are open when the carrier arrives. If they will not be open, mail receptacles or door slots must be provided.

(b) Door slot specifications. The clear rectangular opening in the outside slot plate must be at least 11⁄2 inches wide and 7 inches long. The slot must have a flap, hinged at the top if placed horizontally, and hinged on the side away from the hinge side of the door if placed vertically. When an inside hood is used to provide greater privacy, the hooded portion must not be below the bottom line of the slot in the outside plate if placed horizontally, or beyond the side line of the slot in the outside plate nearest the hinge edge of the door if placed vertically. The hood at it greatest projection must not be less than 216 inches beyond the inside face of the door. Door slots must be placed not less than 30 inches above the finished floor line.

§ 155.5

Out-of-bounds customers.

Customers outside city delivery limits may be given delivery service if they erect boxes on the carrier's regular line of travel. Special delivery, parcel post, insured, certified, COD, and registered mail will be delivered to the residences of out-of-bounds customers, if the residences are not more than three blocks from the carrier's line of travel and passable walks have been constructed or the street is not impassable; otherwise, a notice will be left in the box requesting that the customer call for the mail. If an ordinary parcel is involved and it can be placed in the box, delivery will be made in that manner.

§ 155.6 Apartment house receptacles.

(a) Requirements for delivery. The delivery of mail to individual boxes in apartment houses, family hotels, residential flats, and business flats in residential areas containing three or more apartments having a common street entrance or common street number is contingent on the installation and maintenance of Postal Service approved mail receptacles, one for each apartment, including resident manager and janitor, unless the management has arranged for the mail to be delivered at the office or desk for distribution by its employees. The cost of receptacles and their installation is paid by the owner of the building.

(b) Address number. The delivery of mail in a new apartment house where approved mail receptacles are installed at two or more entrances is contingent on assignment of a different address number to each entrance. The tenants' correct mailing address shall be the address of the entrance at which their mail receptacles are located.

(c) Improved receptacles. Owners and managers of apartment houses, family hotels, and flats, equipped with obsolete apartment house mail receptacles are urged to install up-to-date and approved receptacles to assure more adequate protection to the mail of occupants. When these buildings are remodeled to provide additional apartments or when a material change in the location of boxes is made, they shall be equipped with approved receptacles.

(d) Installation, specifications, and approval. The conditions requiring installation, specifications for construction, installation procedures and approval procedures for manufacturers are covered in § 155.2(g), Apartment House Mail Receptacles, Regulations, and Instructions.

§ 156.1

Rural stations and branches.

(a) Establishment. Rural stations and branches, both personnel and nonpersonnel, are established and maintained in communities where a considerable number of people would be seriously inconvenienced if required to transact postal business with rural or star route carriers only, and where it is determined inadvisable to establish an independent post office.

(b) Functions, (1) Personnel rural stations and branches accept, dispatch, receive, and deliver mail, including registered, insured, COD, and certified mail, issue money orders and sell stamps and stamped paper.

(2) Nonpersonnel rural stations and branches are self-service units which furnish essential mail services such as the

collection and delivery of ordinary mail and sale of stamps. Services such as the sale of money orders, and the acceptance and delivery of certified, insured, registered, and COD mail are provided customers of nonpersonnel rural stations and branches by the rural carrier at the time he services the unit. Carriers are required to remain at the unit a minimum of 15 minutes each day their routes are scheduled to operate, to afford customers the services not otherwise available from the unit.

(c) Hours. Personnel and nonpersonnel rural stations and branches are open during ordinary business hours of each weekday, except National holidays.

(d) Treatment of mail. Mail addressed to a personnel rural station branch will be kept there to be called for, unless the addressee is a customer of a rural route starting from the rural station, or of an adjoining route, in which case the mail will be delivered to the customer's box by the carrier. Mail addressed to a nonpersonnel rural station or branch will be placed in the addressee's lockbox at the station or branch.

(a) Establishment. A petition signed by the heads of families desiring establishment of a rural route should be submitted to the postmaster of the post office from which delivery service is desired, or to the Postal Service. Form 4027, Petition for Change in Rural Delivery, may be obtained from the postmaster for this purpose. The general rule is that a newly established route should serve an average of at least one family per 0.67 (or approximately 0.7) mile. Consider unusual conditions such as volume and type of mail. On routes of less than 10 miles, an average of at least 6 families per mile should be served.

(b) Extensions. Requests or petitions for extension of rural routes should be submitted to the postmaster of the office from which the route operates. Form 4027 is available from the postmaster for use in submitting requests. Extensions should ordinarily serve an average of at least one family per 0.67 mile of additional travel including retrace. Consider other factors, such as financial transactions, and type and volume of mail. Roads generally should be public, must be maintained in good condition, and be passable for vehicles year around. If an extension is proposed over a road not maintained