Subpart N Rule Making Procedures of the Post Office Department § 201.200 Rule making.

(a) There are numerous statutes administered by the Post Office Department which contain specific provisions authorizing or directing the Postmaster General to issue rules and regulations to implement such statutes. Other statutes, by inference, vest the Postmaster General with authority to issue such rules and regulations as may be necessary for the proper administration of such statutes. Such rules and regulations have the force and effect of law.

(b) The provisions of the Federal Register Act (49 Stat. 500; 44 U. S. C., ch. 8B), and of the regulations issued thereunder (1 CFR Chapter I) governing the issuance of rules and regulations are observed. Rules and regulations of the Post Office Department are drafted by the General Counsel with the assistance of his staff. Such rules and regulations are based upon legislation and upon changes suggested by the various officers of the Post Office Department. The rules and regulations are submitted to the Postmaster General, and upon being approved, are filed with the Federal Register Division of The National Archives for publication in the FEDERAL REGISTER. Rules dealing with organization and delegation of authority, substantive rules, and rules of procedure will be separately stated pursuant to the requirements of section 3 (a) of the Administrative Procedure Act (5 U. S. C. 1002).

(c) There is no requirement in the laws administered by the Post Office Department for the giving of notice of, or for the hearing on, proposed rules or regulations. The provisions of section 4 of the Administrative Procedure Act (5 U.S. C. 1003) will be complied with in the promulgation of substantive rules which do not come within the exceptions set forth in the said section.

(d) Petitions by interested persons for the issuance, amendment, or repeal of a rule or regulation of the Post Office Department may be submitted to the General Counsel, Post Office Department, Washington 25, D.C. Such petitions will be considered by the General Counsel and by the officers of the Post Office Department. The petitioner will be notified of any denial of such petition,

and, where considered appropriate, of any other action taken in connection therewith.

(R.S. 161, as amended; 5 U.S.C. 22, 39 U.S.C. 309, 501) [26 F.R. 11666, Dec. 6, 1961] Subpart O-Procedure To Adjudicate Claims for Personal Injury or Property Damage Arising Out of the Operation of the Postal Service

AUTHORITY: The provisions of this Subpart O issued under R.S. 161, as amended; 5 U.S.C. 22, 39 U.S.C. 309, 501.

SOURCE: The provisions of this Subpart O appear at 26 F.R. 11668, Dec. 6, 1961, unless otherwise noted. Redesignated at 26 FR, 12776, Dec. 30, 1961.

§ 201.250 Character and limit of claims.

(a) Proceedings to adjudicate claims for personal injury or property damage arising out of the operation of the postal service, under the provisions of the Federal Tort Claims Act (28 U. S. C. 2672 et seq.) and the Deficiency Appropriation Act of June 16, 1921, as amended (39 U.S.C. 2409).

(b) Claims for damage to or loss of property or on account of personal injury or death caused by the negligent or wrongful act or omission of an employee of the Department acting within the scope of his employment under circumstances where the United States, if a private person, would be liable to the claimant for such damage, loss, injury, or death in accordance with the law of the place where the act or omission occurred. The authority of the Department to award compensation under this act is limited to claims not exceeding $2,500. Where loss or damage occurs without negligence on the part of the Government employee involved, the maximum compensation which the Department may pay is $500.

§ 201.251 Time limit for filing.

The statutory period of limitation under 28 U.S.C. 2672, et seq., is two years. The maximum amount for which claim may be filed under 39 U.S.C. 2409 is $500. The maximum amount for which an administrative claim may be filed under 28 U.S.C. 2672, et seq., is $2,500.

§ 201.252 Place of filing.

Written claim is usually filed with the postmaster of the office within the delivery limits of which the accident happened, but may be filed with any officer

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Each claim filed must be supported as follows: (a) In cases of property damage, by an itemized, receipted bill or bills covering the repairs to the private property or the replacement of property destroyed, and limited to such items of repair or replacement as were necessitated by reason of the damage incurred in the specific accident giving rise to the claim or, if repairs have not yet been made, at least two itemized, signed statements or estimates by reliable disinterested concerns; or where property is not economically reparable, or is lost or destroyed, statements as to the original cost of the property, the date of purchase, and the value of the property, both before and after the accident, which statements should be by disinterested, competent persons, preferably reputable dealers or officers familiar with the type of property damaged, or by two or more competitive bidders, whose bids should be certified as just and correct; the testimony of any available witnesses which the claimant desires considered in the adjudication of such claim; and in cases where the property is covered by insurance-e. g. collision insurance on a carthe claimant must state what insurance is carried, the name and location of the company, whether he has filed claim with that company, and what action the insurance company has taken or will take with respect to such claim. Claims from insurance companies as subrogees must be executed by their proper claims officers and must be supported with subrogation receipts evidencing the payments made to their assured; (b) in cases of personal injury, by doctors' bills, hospi

tal bills, nursing bills, bills covering dental or optical services, a sworn statement from the claimant's employer establishing the amount of time and the compensation lost by reason of the accident, a statement from the attending physician showing the nature and extent of the injuries and the treatment thereof, the degree of permanent or partial disability, if any, the prognosis, and the period of hospitalization or incapacitation; also the sworn statements of any available witnesses. The evidence specifically described in this section may be supplemented by any other documentary evidence which would be helpful to the Department in adjudicating claims. Claimants shall be required to submit to physical examinations by competent doctors employed or retained by the Government whenever they are requested to do so.

§ 201.256 Adjudication and settlement of claims.

In any case where the General Counsel, upon consideration of all the evidence submitted, finds that compensation is due a claimant under either of these acts, payment will be made by the Post Office Department and in due course a settlement warrant will be forwarded to the claimant. Where an attorney has assisted in the prosecution of his claim, the attorney's name will be included in the award.

§ 201.257 Review of adjudications.

The approval and acceptance of adjudication of any claim made by the General Counsel constitutes final action in a case so far as the Department is concerned, and there is no way by which review thereof in the Department may be obtained. If 8 claim filed under the Federal Tort Claims Act is disallowed, or if the claimant is unwilling to accept the amount awarded, or if the claimant wishes to withdraw the claim from consideration by the Department before final disposition, resort may be had to the United States Courts for relief. Conditions under which relief may be sought in the courts will be found in 28 U. S. C. 2675 and other pertinent sections of the Code referred to therein. Where such suit is brought, the pertinent provisions of Title 28, United States Code, should be examined by the claimant in order that its specific conditions may properly be complied with.

Sec. 211.1

PART 211-POSTAL UNIONS

Universal Postal Union.

211.2 Postal Union of the Americas and Spain.

the Postal Union of the Americas and Spain is as follows:

(a) These Conventions are entered into pursuant to section 372 of Title 5, United States Code (Revised Sept. 2, 1960, now 39 U.S. Code section 505) and are agreements between nations. They impose burdens and confer benefits upon nations as such, and are designed to settle relations between sovereign states. Nothing in the several Conventions requires steamship companies to carry mail. Nothing therein states what rights or benefits steamship companies will have if they do carry mail. Any obligation to carry mail, and the rights and benefits in relation to such transportation, are determined by the domestic laws of the countries whose flags fly, and of the countries at whose ports they touch.

In

(b) Absent the "free transit" provisions of the several Conventions, it is clear an American steamship company which carries mail at the request of a foreign government would have to look to that government for payment. such a situation, if the foreign government declined to make payment, the steamship company would have no legal right to look to the United States for payment. At most, the steamship company could ask the State Department to make diplomatic representations. Even under the "free transit" provisions of the several Conventions, the signatory nation requesting and receiving the mail service is primarily responsible for payment. The flag country is only secondarily liable. United Fruit Co. v. U.S., 103 Ct. Cls. 303; id. 112 Ct. Cls. 519.

(c) Even when the United States was a party to the "free transit" provisions of the several Conventions, the United States did not agree it would compensate U.S.-flag vessels which carried mail of other signatories. It merely promised to the other signatories that such transportation would be performed free of charge to them. The obligation of the United States to compensate its vessels in such instances is a secondary one and is dependent upon whether the signatory asking and receiving the mail service would be legally obligated, under its own domestic laws, to compensate the steamship companies for this service. See MooreMcCormack Lines, Inc. v. U.S., 119 Ct.

AUTHORITY: The provisions of this Part 212 issued under 301, 5 U.S.C. 22, 39 U.S.C. 501, 505.

SOURCE: The provisions of this Part 212 appear at 31 F.R. 15352, Dec. 8, 1966, unless otherwise noted.

§ 212.1 Postal union mail.

Postal union mail, both surface and air, is exchanged under provisions of the Universal Postal Convention or the Convention of the Postal Union of the Americas and Spain. The weight and size limits and other general provisions (but not postage rates) for the various classifications of mail exchanged under those conventions are the same from and to the United States. Postal Union mail is divided into two categories, known as "LC mail" and "AO mail," as follows:

(a) The term "LC mail" refers to letters, letter packages, post cards, and aerogrammes. See §§ 221.1, 222.2, and 241.5 of this chapter.

(b) The term "AO mail" refers to postal union mail other than letter mail, post cards, and aerogrammes. It includes printed matter of all kinds, matter for the blind, samples of merchandise, and small packets. See §§ 222.3 through 222.9 of this chapter.

§ 212.2 Parcel post.

Parcel post is a separate and distinct category from postal union mail. The exchange of parcel post with other countires is governed by the provisions of individual bilateral agreements with various countries and the Parcel Post Agreement of the Postal Union of the Americas and Spain. Unless otherwise noted under the country items in the Directory of International Mail, the weight and size limits and other general parcel post provisions (but not postage rates) apply also from those countries to the United States. See the appendix of this Subchapter C-Special Services and the regulations under the Parcel Post

§ 213.1

With the Department.

Correspondence relating to all phases of the international postal service, except money order business and investigations handled by the Postal Inspection Service, should be addressed to the International Service Division, Bureau of Transportation and International Services, Post Office Department, Washington, D.C. 20260.

§ 213.2 With foreign postal authorities.

Postmasters, regional offices, and other field units of the Postal Establishment (except exchange offices, postal inspectors in charge, and postmasters acting under instructions in Part 271 of this chapter) shall not correspond directly with postal officials in other countries but shall refer inquiries from these officials to the Department for attention. § 213.3 With individuals in other countries.

Postmasters, regional offices, and other field units of the Postal Establishment may reply direct to inquiries and engage in other necessary correspondence with individuals and firms in other countries. The addresses of patrons may be furnished to inquirers, provided the patrons have given their consent. This correspondence is mailable without postage stamps under § 221.2(d) (5) of this chapter.

§ 221.1

Preparing and addressing.

(a) Preparing. (1) Senders must prepare articles securely, especially if they are for distant countries. International mail is handled more often and subjected to greater pressure and friction than domestic mail, hence it must be enclosed in strong envelopes or other wrappings.

(2) Use envelopes of any light color on which the address and postmark will be legible. Do not use three-cornered envelopes. Window envelopes meeting the conditions in § 122.4 of this chapter with the exception of open-panel envelopes, are acceptable in the international mail. Open-panel envelopes are accepted only in the ordinary (unregistered) mail to Canada.

(3) Letters and letter packages (LC mail) may be placed in bags, boxes, envelopes, or containers, and, if unregistered, may be sealed at the option of the sender. Registered letters and letter packages must be sealed. See § 242.2 (b) (1) of this chapter.

(4) Articles other than letters and letter packages (AO mail) must be prepared in such a way that their contents are sufficiently protected but so as not to hinder quick and easy inspection of the contents. They should be placed under wrapper, on a roller, or between cardboard; in open bags, boxes, envelopes, or containers or in closed, unsealed bags, boxes, envelopes, or containers provided with fasteners that can be easily opened and reclosed without being dangerous; or they may be tied with string or twine in a manner that will permit them to be easily untied. Sealing of postal union other articles is not permitted, even if registered, and they must be prepared in such a way that other articles do not run the risk of being trapped by them.

(5) As an exception to subparagraph (4) of this paragraph, items in AO mail articles which would spoil if packed according to the general rules, and samples of merchandise packed in a transparent packing permitting check of their contents, are admitted in hermetically sealed packing. The same applies to samples of industrial and vegetable products in a packing sealed by the manufacturer or by an examining authority in the country of origin. In such cases the sender or the addressee may be required to assist in a check of the contents, either by opening certain of the

items or in some other satisfactory

manner.

(b) Packing requirements for certain articles-(1) Glass. Articles of glass or other fragile materials must be securely packed in boxes of metal, wood, or strong corrugated fiberboard filled with paper, wood shavings, or other protective material that prevent the articles from moving about or coming in contact with each other or with the sides of the box in course of transmission.

(2) Liquids, oils, etc. Liquids, oils, and substances which easily liquefy must be enclosed in hermetically sealed receptacles. Each receptacle must be placed in a separate box of metal, strong wood, or strong corrugated fiberboard containing enough sawdust, cotton, or spongy material to absorb the liquid in the event of breakage of the receptacle. The cover of the box must be fastened in such a way that it cannot become easily detached.

(3) Fatty substances. Fatty substances which do not easily liquefy, such as ointments, soft soap, resin, etc., as well as silkworm eggs, must be enclosed in an inside cover (box, canvas, or parchment bag, etc.), which must itself be placed in a second box of wood, metal, or stout, thick material.

(4) Powders. Dry powdered dyes such as aniline, etc., are not admitted unless enclosed in stout tin boxes placed, in turn, inside wooden boxes, with sawdust between the two packings; dry noncoloring powders must be placed in boxes of metal, wood, or cardboard. These boxes themselves must be enclosed in a canvas or parchment bag.

(5) Live organisms. Live bees, leeches silkworm eggs, and parasites and predators of injurious insects intended for the control of such insects and exchanged between officially recognized agencies shall be enclosed in boxes so constructed as to avoid all danger.

(6) Perishable biological materials. See § 221.3(b) (5) (iii).

(7) Radioactive materials. See § 221.3 (b) (6).

(c) Addressing. (1) Reserve at least the entire right half of the address side for the address of the addressee, postage stamps or postage-paid impressions, and the service labels and notations (postmarks, etc.).

(2) Address mail legibly using roman letters and arabic figures placed lengthwise on one side of the article only.