(1) If in the opinion of a Federal Medical Officer the medical information indicates the existence of a malignancy, a mental condition, or other condition about which a prudent physician would hesitate to inform a person suffering from such a condition as to its exact nature and probable outcome, the Regional Director, Postal Data Center Director, or regional counsel will not release the Medical information to the employee or to any individual designated by him, except to a physician designated by the employee in writing. The Regional Director, Postal Data Center Director, or regional counsel will release such medical information, with a caution against divulgence, in response to a subpena.

(2) If in the opinion of a Federal Medical Officer the medical information does not indicate the presence of any condition which would cause a prudent physician to hesitate to inform a person suffering from such a condition as to its exact nature and probable outcome, the Regional Director, Postal Data Center Director, or regional counsel will release it in response to a subpena or to the employee or to any person, firm, or organization he authorizes in writing to have it.

(3) If a Federal Medical Officer is not available, the Regional Director, Postal Data Center Director, or regional counsel should refer the request to the Civil Service Commission regional office with the medical certificates or other medical reports concerned.

(iv) In no event will any records containing information as to the employee's security and loyalty be released.

(2) Special requirements. Subpenas calling for the production of records other than records described in subparagraph (1) of this paragraph may be honored only after consulting with and getting approval from the General Counsel of the Post Office Department, Washington, D.C., 20260. Inquiries should be addressed to the Assistant General Counsel, Opinions Division. When employees are authorized to comply with a subpena duces tecum, they will not leave the records themselves with the court, but will leave copies prepared for that purpose. Comply with section 721.643 of the Postal Manual in those cases in which the United States is not a party.

(e) Compliance with summons. (1) A postmaster or other postal employee will comply with a summons requiring his appearance in court. He will not testify

as to names and addresses of post office patrons, mail matter, postal savings accounts, or money orders unless he is specifically directed to do so by the court after first calling attention of the court to this regulation.

(2) Postal inspectors and other employees having possession of inspectors' reports or Inspection Service records are prohibited from presenting such reports, records, or information in a State court or for the use of parties to a suit or habeas corpus proceedings in a Federal court, if the United States is not a party in interest. They will inform the parties interested that the regulations of the Post Office Department prohibit them from furnishing official reports, records, or information direct unless authorized by the Department. Should an attorney for a private litigant attempt to compel an employee to disclose sources of official information or similar privileged matter, the employee will decline to produce the information or matter and state that it is privileged and can not be disclosed without specific approval from the Department.

(3) When appearing as a witness for the United States in Federal grand jury proceedings, criminal prosecutions of violations of postal laws, suits brought by the United States, or other actions in which the United States is a party in interest, postal inspectors and other officers and employees will testify as to their knowledge of the facts in the matter involved. With respect to privileged matters, each case must be given individual consideration as it arises. Department will offer every possible assistance to the courts, but the question of disclosing privileged information is a matter entirely in the discretion of the head of the Department.

The

(f) Releasing of postal information by postmasters and field postal officials. Postmasters and other field officials of the postal service are to refrain from giving information or actively engaging in sponsoring applications for additional service to be rendered by the Post Office Department. This prohibition against release of postal data relates particularly to proceedings before regulatory bodies. All requests for information in such cases should be submitted to the Department for consideration to assure that complete and accurate information is furnished. Where there are justifiable reasons for recommending changes in transportation services, a complete report should be

furnished to the proper official of the Post Office Department. Thereafter, specific instructions must be awaited before any postmaster or other field official engages in any local activity or hearing relative to such changes.

(g) Costs. The head of any Bureau or Office of the Post Office Department may authorize copies of records which are open to public inspection to be furnished to members of the public at the cost of the person requesting them.

[26 F.R. 11514, Dec. 6, 1961, as amended at 30 F.R. 6436, May 8, 1965; 30 F.R. 10051, Aug. 12, 1965. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

§ 114.5

Cooperation with Red Cross during natural disasters.

(a) Application of these instructions. This section applies only to natural disasters such as those caused by floods, tornadoes, hurricanes, earthquakes, fires, explosions, etc., and not to those caused by enemy action.

(b) Objective of instructions. Both the Post Office Department and the Red Cross realize the importance to the individual and the community of maintaining communication during times of disaster. These procedures will help maintain this essential communication.

(c) Action by the Red Cross. (1) The American National Red Cross will encourage its chapters to establish and maintain contact with the postmaster(s) within the chapter jurisdiction in the interest of disaster planning.

(2) The Red Cross will arrange to use the "Change of Address Order," Form 3575 as a standard item in Red Cross disaster operations. It will also arrange to distribute these forms as needed to disaster-displaced persons in all Red Cross field facilities such as registration centers, feeding centers, mobile canteens, disaster shelters, etc. The chapter concerned will arrange with the postmaster concerned for the disposition of the completed forms for the establishment of a postal locator file.

(3) The Red Cross will arrange for the distribution of postal cards or other suitable stationery as needed by individuals or families in areas affected by disaster for mailing to relatives and friends as notification of the whereabouts and safety of the senders.

(4) The Red Cross will in disaster situations include in its Public Information releases an appeal to affected families and individuals to obtain and com

plete "Change of Address Order" forms, along with an appeal to write to relatives and friends immediately concerning their whereabouts and safety.

(5) The Red Cross will include all necessary instructions in operating procedure manuals and training outlines to guide its field staff and volunteers in cooperating with local postmasters in implementing this arrangement.

(6) The Red Cross has advised all of its chapters concerning these instructions and has urged that they include postmasters in their disaster preparedness planning.

(d) Action by the Post Office Department. (1) The Post Office Department will make available to the American National Red Cross "Change of Address Order," Form 3575, in a manner mutually agreeable to both agencies.

(2) Post offices that receive completed "Change of Address Order" forms following a disaster will maintain them as a central locator file to provide directory service whereby mail may be promptly forwarded to individuals and families displaced by the disaster.

(3) The Post Office Deparment will permit postmasters to make available the information on these "Change of Address Order" forms to authorized Red Cross disaster workers. This information will be used by the Red Cross in locating individuals and families, only to answer inquiries from relatives and friends concerning the whereabouts and welfare of residents of the disaster community, or to make contact with residents who have made application for assistance from the Red Cross but who cannot be located because of a change of address.

(4) Regional Directors and Postal Inspectors in Charge are responsible for seeing that the post offices concerned implement these cooperative arrangements in disaster situations. Postmasters are encouraged to participate in community and Red Cross disaster preparedness planning.

(5) The instructions in this section serve as a broad framework within which field officials of both agencies may coordinate their facilities and resources. However, postal officials shall cooperate with Red Cross officials to the maximum feasible degree during times of natural disasters.

[26 F.R. 12123, Dec. 19, 1961, as amended at 31 F.R. 12479, Sept. 21, 1966. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

121.6 Marking on packages.

AUTHORITY: The provisions of this Part 121 issued under R.S. 161, as amended, sec. 1, 62 Stat. 781, as amended; 5 U.S.C. 22, 18 U.S.C. 1716, 39 U.S.C. 501, 4058.

SOURCE: The provisions of this Part 121 appear at 30 F.R. 12841, Oct. 8, 1965, unless otherwise noted. Redesignated at 31 F.R. 15350, Dec. 8, 1966.

§ 121.1 Adequacy of packaging standards.

(a) Explanation. This part contains standards and methods for packaging, wrapping, marking, and labeling articles for mailing. Part 125 of this chapter contains special packaging regulations for certain types of items that are excluded from the mail unless packaged so as to assure safe transit. Part 127 of this chapter contains special conditions governing parcels sent to military post offices overseas.

(b) Inadequate preparation. Articles which are not prepared in accordance with the general guides in this Part may be refused acceptance in the mail. § 121.2

Containers for mailing.

(a) Types of containers. Containers must be strong enough to retain and protect their contents during the course of normal mail handling. Boxes or cartons of the following materials are commonly used: Corrugated or solid fiberboard, kraftboard, chipboard (for small items), fiber mailing tubes with metal ends, metal, and wood. Heavy wrapping paper or burlap or similar cloth may be used for parcels containing unbreakable goods which would not be damaged by the weight of other mail. The strength

of carton required will depend on the weight, size, and nature of the article shipped.

(b) Size of container. The outer shipping container should be the proper size to hold the goods shipped plus enough space for cushioning material inside. If the container is too large, the contents are apt to shift while in transit. If it is too small, or if too much is put into it, there will not be enough room for protective internal cushioning. An overstuffed carton may burst in transit.

(c) Chipboard boxes. Small rigid telescoping chipboard boxes are usually used for small articles such as watches, jewelry, pens, etc. Those boxes equipped with metal clasps which hold the two parts together ordinarily need no further reinforcement to effect a proper closure.

(d) Used containers. A used container as described in paragraph (a) of this section in good rigid condition with all flaps intact is acceptable. If a box of the desired size cannot be found, a larger one may be cut down as shown in Illustration 1. Bend the four sides over the articles which have been cushioned in the box. Illustration 1A shows a method of making an acceptable container by using two boxes of the same general dimensions from which the flaps have been removed.