PART 148-REVENUE DEFICIENCIES § 148.1

Deficiencies developed by audit. (a) Developed by Postal Inspector audit (1) Amounts of $100 or less. The postmaster must, upon the request of the inspector, increase the proper revenue account by the amount of the deficiency. If the amount due is not collected at the time of the inspector's request, the postmaster must enter the item in A/C 11919, suspense, and liquidate the item within 30 days by collection from the debtor or with personal funds.

(2) Amounts over $100. The report of the deficiency will first be reviewed by the Classification and Special Services Division. By report on Form 3581, Notice of Revenue Deficiency, the Classification and Special Services Division will notify the proper postal data center of the amount of the revenue deficiency. A Form 813, Statement of Differences, will be issued by the postal data center to the postmaster, accompanied with a copy of Form 3581. When Form 813 is received from the postal data center the postmaster must immediately enter the deficiency in A/C 11935, Audit Difference Due United States, carry the item in A/C 11919, suspense, and take immediate action to collect the amount due from the debtor. If collection is not made within 30 days, the matter must be reported to the regional controller.

(b) Developed by local financial examination or audit. Whenever a revenue deficiency is developed as result of an examination or audit performed in accordance with § 126.6 (f) of this chapter, the postmaster must increase the proper revenue account by the amount of the deficiency. If the amount is $100 or less, and not immediately collected, the postmaster must enter the item in A/C 11919, suspense, and liquidate the item within 30 days by collection from the debtor or with personal funds. If the amount is over $100 and collection is not made within 15 days, the matter must be reported to the local inspector in charge. After attention by the inspector, the report of the deficiency will be reviewed by Classification and Special Services Division and handled as provided in paragraph (a) (2) of this section.

(5 U.S.C. 301, 39 U.S.C. 501) [33 F.R. 15866, Oct. 26, 1968]

PART 149-MATTER DEPOSITED IN MAIL BOXES WITHOUT PREPAYMENT

§ 149.1

Mailable matter found in pri vate mail boxes without prepayment of postage.

(a) Penalty. Whoever knowingly and willfully deposits any mailable matter such as statements of account, circulars, sale bills, or other like matter, on which no postage has been paid, in any letterbox established, approved, or accepted by the Postmaster General for the receipt or delivery of mail matter on any route with intent to avoid payment of lawful postage thereon, shall for each such offense be fined not more than $300. (18 U.S.C. 1725.)

(b) Collection of postage. Matter found in private mail boxes provided for the receipt of mail matter shall be treated as subject to postage. If the person or firm responsible for improperly depositing matter in mail receptacles is known and is within the delivery area of the post office, the local postmaster shall make demand for the total postage chargeable on all pieces. The postmaster shall also inform the person or firm that the practice is a violation of the law. See paragraph (a) of this section. An equivalent amount of postage due stamps affixed to a sheet of paper and properly canceled as a receipt for money collected shall be given the person or firm. If payment is in form of uncanceled stamps or meter stamps, they will be affixed to a sheet, canceled and returned as a receipt for payment. No other receipt will be issued.

(c) Report to other office. If the person or firm making improper use of private mail boxes is located at another post office, send a sample piece with a report of the facts to the postmaster at that location with request that he take the action in paragraph (b) of this section.

(d) Repeated violations. If a person or firm continues the improper practice after proper warning, the postmaster shall submit a sample piece and a report of the facts to the postal inspector in charge.

(5 U.S.C. 301, 39 U.S.C. 501) [32 F.R. 5686, Apr. 7, 1967]

151.5 Unauthorized use of premises.

AUTHORITY: The provisions of this Part 151 issued under R.S. 161, as amended, 5 U.S.C. 301, 39 U.S.C. 309, 501, 701, 705, 707, 708, 2209, 6001, 6009.

SOURCE: The provisions of this Part 151 appear at 26 F.R. 11571, Dec. 6, 1961, unless otherwise noted. Redesignated at 31 FR. 15350, Dec. 8, 1966.

§ 151.1 Establishment of post offices.

(a) Where established. Post offices, and branches and stations, are established and maintained at such places as may be deemed necessary for the convenience of the postal patrons.

(b) Requirements—(1) Post offices. There is no fixed minimum population requirement for the establishment of an independent post office; however, this factor is given consideration in making a determination. Post offices are established when it is not possible to render adequate and satisfactory service through the post office, station or branch now serving the area, through a new station or branch or by an extension of city, rural or star route delivery. Post offices are not established solely for the purpose of providing community identity.

(2) Stations. Classified, contract and rural personnel and nonpersonnel stations are established where needed within the service limits of an independent post office. Units established within the corporate limits of the city, town or village where the main post office is located are designated as "stations."

(3) Branches. Classified, contract and rural personnel and nonpersonnel branches are established within the service limits of an independent post office. Units established outside of the corporate limits of the city, town or village where the main post office is located are designated as "branches." Classified and contract branches cannot be established at locations more than 20 miles outside the corporate limits of the city, town or village where the main post office is located and must serve a population of not less than 1,500 persons. The 20mile limitation and 1,500 population requirement does not apply to airports, military installations, rural personnel

and/or nonpersonnel branches. Where the parent post office is located in an unincorporated city, town or community, then all postal units administratively attached to that post office shall be designated as branches.

(c) Procedure. Patrons desiring a post office in their community should communicate with the Assistant Postmaster General, Bureau of Operations, Post Office Department, Washington, D.C., 20260. Requests for an independent post office should include the population to be served and specific information as to why the present postal service is not adequate and satisfactory. Requests for the establishment of classified, contract or rural personnel and/or nonpersonnel stations or branches will be made to the local postmaster who will submit the request with appropriate comments to the Regional Director.

[26 F.R. 11571, Dec. 6, 1961, as amended at 31 F.R. 8234, June 11, 1966. Redesignated at 31 F.R. 15350, Dec. 8, 1966] § 151.2 Hours of business.

(a) Business days. Post offices maintain window service for the delivery of mail and the sale of stamps every business day during the hours when the principal business houses of the community are open. Registry service and money order service are provided during the hours the postmaster determines are in accordance with the needs of the community. Post offices designated as postal-savings depositories provide for the receipt and withdrawal of deposits every weekday during the hours prescribed for the transaction of moneyorder business.

(b) Night service. Post offices are not ordinarily open for business at night. Lobbies of some post offices are open at night to permit the public to deposit mail and to obtain mail from lock boxes.

(c) Holiday service. Post offices are kept open on holidays for such time as may be necessary to meet the reasonable postal requirements of the public. Special-delivery mail is delivered on holidays, but delivery service is not given on letter carrier or rural routes. The following holidays are observed:

(1) New Year's Day, January 1. (2) Washington's Birthday, February 22.

(3) Memorial Day, May 30.
(4) Independence Day, July 4.

(5) Labor Day, first Monday in September.

(a) Purpose of boxes. Post office boxes and drawers are for the convenience of the public in the delivery of mail. The service affords patrons privacy, and permits them to obtain mail at their convenience during the hours the lobby is kept open.

(b) How to rent a box-(1) Applications. The patron must submit Form 1093, "Application for Post Office Box," to the postmaster at the post office where the box is located. This form may be obtained from local postmaster. The application will be approved or denied by the postmaster. Furnishing false information on the application is sufficient reason for denial. When the application is approved, a box will be assigned.

(2) Known applicant. A box will be assigned immediately to a known qualified applicant upon submission of an application and payment of rent.

(3) Unknown applicant. Applications from unknown applicants must be treated as follows:

(i) The applicant must present his driver's license, military identification card, or other identification document.

Call boxes

(ii) Postmasters will verify that the applicant resides or conducts business at the addresses shown, and that the applicant is served by the telephone number shown.

(c) Rental rates—(1) Main post offices-(i) Office groups. The following nine groups are for use in determining the correct rate category for call and lockboxes at main post offices.

Group A. Post offices offering city delivery service and with the position of the postmaster ranked in salary level 17, 18, 19, or 20.

Group B. Post offices offering city delivery service and with the position of the postmaster ranked in salary level 15 or 16.

Group C. Post offices offering city delivery service and with the position of the postmaster ranked in salary level 13 or 14.

Group D. Post offices offering city delivery service and with the position of the postmaster ranked in salary levels 11 or 12.

Group E. Post offices offering city delivery service and with the position of the postmaster ranked in salary levels 8, 9, or 10.

Group F. Post offices not offering city delivery service and with the position of the postmaster ranked in salary levels 9, 10, or above.

Group G. Post offices not offering city delivery service and with the position of the postmaster ranked in salary level 8.

Group H. Post offices not offering city delivery service and with the position of the postmaster ranked in salary levels 6 or 7. Group I. All fourth-class post offices.

(ii) Schedule. The quarterly box rent schedule for main post offices is as follows:

Rate per quarter

Lock boxes and drawers

(2) Rates at stations, branches, annexes, and airport mail facilities—(1) Stations, branches, annexes, and airport mail facilities of first-class offices. (a) With the exception of rural stations and branches or stations and branches primarily servicing academic institutions (see subdivision (iii) of this subparagraph) box rent rates at stations, branches, annexes and airport mail facilities affiliated with first-class post offices, regardless of gross annual postal receipts, shall be based on the following:

(1) All classified stations, branches, and airport mail facilities, with or without city carrier service and with the position of the superintendent ranked in salary levels 10 or above, the rates are those prescribed in the box rent schedule for the first group below that of the main office.

(2) At classified stations, branches, and airport mail facilities, with or without city carrier service and with the position of the superintendent ranked in salary levels 9 or below, the rates are those prescribed in the box rent schedule for the second group below that of the main office.

(3) At designated classified stations and branches located very near the main office and at annexes, the rates shall be the same as those charged at the main office.

(4) All contract stations will charge those rates prescribed in the box rent schedule for the second group below that of the main office.

(b) All personnel rural stations and branches shall charge the fees prescribed in the box rent schedule for group I post offices.

(c) At nonpersonnel rural stations and branches, the box rent fee is 60 cents

per fiscal year. If rented after the beginning of the fiscal year, the rate is 5 cents for each month, or portion of a month, remaining in the fiscal year.

(d) Stations and branches with box equipment owned or supplied by an academic institution shall establish box rental charges in accordance with subdivision (iii) of this subparagraph. Stations and branches primarily serving academic institutions with lockbox equipment not owned or supplied by an academic institution shall charge regular applicable box rental rates.

(ii) Stations and branches of secondand third-class offices. (a) With the exception of rural stations and branches or certain stations and branches primarily servicing academic institutions, stations and branches of second- and third-class post offices will charge the same rental fees as those charged at the main office.

(b) Rural stations and branches will charge the fees prescribed in subdivision (i) (b) and (c) of this subparagraph.

(c) Stations and branches with box equipment owned or supplied by an academic institution will establish box rental charges in accordance with subdivision (iii) of this subparagraph. Stations and branches primarily servicing academic institutions with lockbox equipment not owned or supplied by the academic institution will charge regular applicable box rental rates.

(iii) Stations and branches servicing academic institutions. The following applies only to stations and branches primarily servicing academic institutions when the box equipment is owned or supplied by the academic institution:

NOTE: This is based on adjusted gross receipts.

(ii) New units. Box rental rates at all new units placed in operation after July 1, will be based on those factors in effect on the opening date of the installation, except that when a post office is discontinued and is reestablished as a classified station or branch of another post office, the rental rates that were in effect at the discontinued post office at the beginning of the fiscal year will continue in effect during the remainder of the fiscal year at the newly established unit.

(4) When boxes of adequate size are not available. When a box large enough to accommodate the daily average mail of a patron is not available, a smaller available box may be assigned. In such cases, if the volume warrants, a bag or other container may be used in lieu of placing the mail in the box. The fee for this service will be equivalent to the rental that would be collected for the size box necessary to accommodate the average daily mail volume. If the average daily mail volume exceeds the capacity of the largest box in the installation, the

rental fee for the largest box will be collected. When there are no boxes of any size available, qualifying patrons (firms regularly receiving 50 or more letters on the first delivery trip), may be provided firm holdout service or firm call service, until a box can be assigned.

(d) Payment of box rent. Box rent must be paid in advance. Form 1538, Box rent receipt, is given for each payment. A box, except those at nonpersonnel rural stations (see subparagraph (5) of this paragraph), may be rented for the following periods: Quarterly; for the balance of the current quarter; for any number of consecutive quarters within the fiscal year; annually (July 1-June 30); or for the remaining portion of the fiscal year. Boxholders of record may during the last quarter of the fiscal year pay rent for the next consecutive quarter or quarters in the ensuing fiscal year. The rent may be paid at the option of the boxholder, as follows:

(1) Quarterly. Quarters begin July 1, October 1, January 1, and April 1. Rent may be paid anytime on or before June 30, September 30, December 31, and March 31, respectively, for any number of consecutive quarters within the fiscal year.

(2) For balance of current quarter. (i) First month of quarter: Entire quarterly rate.

(ii) Second month of quarter: Twothirds of quarterly rate. To determine the amount to be paid, multiply quarterly rate by two, and divide by three. Drop fractions of a cent.

(iii) Third month of quarter: If rented before 21st day, one-third quarterly rate. On or after the 21st day, no rent will be charged for the remaining days in the quarter, but full payment must be made for the following quarter.

(3) Annually. Rent may be paid annually any time on or before June 30. The fiscal year for box rents begins July 1 and ends June 30.

(4) For balance of fiscal year. After June 30, box rents may be paid for the remaining portion of the fiscal year. Rent must be paid for the fractional quarter, if any, computed in accordance with subparagraph (2) of this paragraph and for the remaining full quarters.