(1) Business reply mail, see § 131.2(c). (2) Federal Government and free mail, see Part 137.

(3) Certain mail for the blind, see Part 138.

(4) Mail sent by members of the Armed Forces, see § 131.5.

(5) Letters and printed matter carried or delivered by vessels not regularly employed in carrying mail, see § 131.6. (6) Keys and identification devices returned to owners, see § 134.1 (c). (b) Insufficient prepayment. (1) Mail of any class, including that for which special services is indicated (except registered mail-see § 161.3(a)), received at either the office of mailing or office of address without any postage or without sufficient postage will be:

(i) Marked to show the total deficiency of postage and fees.

(ii) Dispatched promptly to the addressee by means of the regular or special service indicated.

(iii) Delivered to addressee on payment of the charges marked on the mail. As an exception, when quantity mailings of 10 or more pieces are received at the office of mailing without any postage or without sufficient postage, the mailer will be notified, without charge, preferably by telephone, in order that the postage charges may be adjusted before the mail is dispatched.

(2) When the addressee refuses to pay the deficient postage, and when the mail is undeliverable for any other reason, it will be handled as follows:

(i) First-class mail, including airmail, bearing a return address will be returned to the sender and delivered on payment by him of the deficient postage.

(ii) Mail other than first-class bearing a return address will be returned to the sender and delivered on payment by him of the total of the deficient postage, the forwarding postage, if any, and the return postage.

(iii) All mail that does not bear a return address will be disposed of in accordance with § 159.4.

(c) Postage on mail insufficiently prepaid. Postage stamps stuck to mail are canceled when the mail is first received in the post office. Postage stamps or meter stamps originally affixed to insufficiently prepaid mail will, when it is again presented for mailing, be accepted in payment of postage to the amount of their face value.

§ 146.2 Mailable matter found in private 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.

(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. 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 using private mail boxes improperly 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 § 146.2(b).

§ 146.3 Collection of postage due.

(a) Upon delivery. Postage due mail is collected in cash only, prior to delivery to addressee. Exception: Postage on quantity mailings found in private mail boxes is collected as required in § 146.2(b).

(b) By advance deposit. If postagedue collections amount to approximately $10 or more every 60 days, payment may be made by advance deposits of money. § 146.4 When not to collect.

(a) Stamps lost of mail. When it is apparent from the impression of a canceling stamp that a postage stamp has been wholly or partially lost, handle the piece as prepaid one full rate only.

Sec.

PART 147-EXCHANGES AND REFUNDS

147.1 Exchange of stamps.

147.2 Refunds.

AUTHORITY: The provisions of this Part 147 issued under 39 U.S.C. 401.

§ 147.1 Exchanges of stamps.

(a) Post office mistakes. Mistakes in selling damaged, defective, or otherwise unserviceable stamps may be corrected by the post office by exchanging stamps at full value.

mistakes.

Mistakes

(b) Purchaser's made by purchaser in buying adhesive stamps of the wrong denomination or stamped envelopes or postal cards of the wrong kind, size, or denomination may be corrected by exchanging stamps at full value, provided mistake is discovered within 48 hours from time of purchase.

(c) Unserviceable and spoiled envelopes or cards and unused precanceled stamps. Unserviceable and spoiled stamped envelopes or postal cards, if uncanceled, and unused precanceled stamps and postal cards, may be exchanged for other postage-stamped paper as follows:

(1) Stamped envelopes (mutilated no more than is necessary to remove contents), for postage value plus value of postage added as a result of rate increase or for additional service.

(2) Unmutilated aerogrammes (airletter sheets), for postage value less 1 cent for each aerogramme redeemed.

(3) Unmutilated single and double postal cards, for 85 percent of postage value plus full value of postage added as a result of rate increase or for additional service.

(i) Either half of a double postal card may be redeemed if the double card has been printed and cut for use as single cards.

(ii) Unused double postal cards printed for reply purposes should not be separated; however, if they have been separated in error. and the purchaser presents both halves, the cards may be redeemed.

(iii) Reply halves of double postal cards that have been returned to sender outside of the mails are not redeemable by the original purchaser even though the reply half received no postal service.

(4) Sheet postal cards spoiled in the process of cutting to size, for 85 percent of postage value plus full value of postage added as a result of rate increase or

for additional service, if all cut sections are submitted.

(5) Stamps affixed to commercial envelopes and post cards, for 90 percent of postage value. Envelopes and post cards must be in a substantially whole condition and in lots of at least 50 of the same denomination and value.

(6) Unused precanceled stamps in full coils or in full sheets redeemed from precanceled permit holders, for 90 percent of postage value.

Stamped envelopes or aerogrammes (air-letter sheets) with a printed return address and postal cards with any printed matter of the purchaser, may be exchanged only by the purchaser. If there is no purchaser's printing, they may be exchanged by any responsible person. When redemption cannot be made at time of presentation, the postmaster will furnish a receipt on Form 3210 for uncanceled unserviceable or spoiled envelopes or postal cards or for unused precanceled stamps left in his custody.

(d) Nonexchangeable. The following are nonexchangeable:

(1) Adhesive stamps, unless mistakes were made in purchasing or stamps were defective or stamps were affixed to commercial envelopes and post cards.

(2) Stamps cut from postal cards, stamped envelopes, or aerogrammes (airletter sheets).

(3) Parts and pieces of postal cards. (4) Postal cards, stamped envelopes, and aerogrammes received for reply purposes.

(5) Mutilated and defaced stamps. [35 F.R. 19455, Dec. 23, 1970] § 147.2

Refunds.

(a) Conditions that justify refund. (1) When postage or special service fees have been paid on mail for which no service is rendered, or collected in excess of the lawful rate, a refund may be made.

(2) The Postal Service is considered to be at fault and no service is rendered in cases involving returned articles improperly accepted in both domestic and international services because of excess size or weight.

(3) Mailers who customarily weigh and rate their mail are expected to be familiar with basic requirements and the Postal Service is not considered to be at fault when these mailers are required to withdraw articles from the mail prior to dispatch.

(4) See paragraphs (c) (2) and (f) of this section for special provisions for re

funding the postage value of unused meter stamps.

(b) Application. Submit an application on Form 3533, in duplicate, to the postmaster together with the envelope or wrapper, or the portion thereof having names and addresses of sender addressee, canceled postage and postal markings, or other evidence of payment of the amount of postage and fees for which refund is desired.

(c) Amount of refund allowable. (1) Refund of 100 percent, will be made:

(i) When the Postal Service is at fault. (ii) For the excess when postage or fees have been overpaid the lawful rate. (iii) When service to the country of destination has been suspended.

(iv) When postage is fire-scarred while in the custody of the Postal Service, including fire in letterbox, and the mail is returned to sender without service.

(v) When special delivery stamps are erroneously used in payment of postage, and the mail is returned to the sender without service.

(vi) When fees are paid for special delivery, special handling, and certified mail, and the article fails to receive the special service for which the fee has been paid.

(vii) When surcharges are erroneously collected on domestic registered mail or collected in excess of the proper amount, or represented by stamps affixed to matter not actually accepted for registration.

(viii) For fees paid for return receipts or for restricted delivery when the failure to furnish return receipt or its equivalent, or erroneous delivery, or nondelivery, is due to fault or negligence of Postal Service.

(ix) For annual bulk mailing fee when no bulk mailings of third-class matter are made during the year for which the annual fee has been paid.

(x) When customs clearance and delivery fees are erroneously collected.

(xi) When fees are paid for registry or insurance service on mail addressed to a country to which such services are not available, unless claim for indemnity is made.

(2) Refund of 90 percent shall be made when complete and legible unused meter stamps are submitted within 1 year from the dates appearing in the stamps. See § 147.2(f) of this chapter.

(3) When mail is returned at the request of the sender or for a reason not the fault of the Postal Service, any dif

ference between the amount paid and the appropriate domestic air or surface rate chargeable from mailing office to interception point and return will be refunded.

(4) On articles prepaid at airmail rates but actually transported by surface means, the difference between the postage computed at the airmail and surface rates is refundable. The fact that surface transportation was used must be confirmed.

(d) Unallowable refunds. No refund will be made:

(1) For an application fee to use permit imprints.

(2) For registered, insured, and COD fees after the mail has been accepted by the post office even though it is later withdrawn from the mailing post office.

(e) Meters and meter stamps-(1) Postage adjustments. The postage value of unused units set in a meter surrendered to the post office to be checked out of service may be refunded or, if desired, an equivalent amount will be transferred to another meter used by the same license holder. If the meter is withdrawn from service because of faulty mechanical operation, a final postage adjustment or refund may be withheld pending report of the meter manufacturer of the cause of faulty operation. If the meter is damaged by fire, a refund or transfer of postage will be made only if the registers are legible, or can be reconstructed by the meter manufacturer.

(2) What to submit. (i) Unused meter stamps that are complete and legible, accompanied by an application in duplicate on Form 3533 within 1 year from dates appearing in the stamps, will be considered for refund. Arrange the stamps so that all of one denomination are together.

(ii) If portion of stamp is printed on one envelope or card and remaining portion on another, fasten the two together to show that the two portions represent one stamp.

(iii) Meter stamps printed on labels or tapes which have not been stuck to wrappers or envelopes must be submitted loose.

(iv) Refunds are allowable for stamps on metered reply envelopes only when it is obvious that an incorrect amount of postage was printed thereon.

(v) Submit separately, with statement of facts, envelopes or address portions of wrappers on mail returned to sender from the mailing office marked "No such post

office in State named, "Returned for better address," or "Received without contents" indicating no effort to deliver was made.

(3) What not to submit. Do not submit:

(i) Meter reply envelopes or cards paid at the proper rate of postage.

(ii) Meter stamps printed on labels or tape which have been removed from wrappers or envelopes.

(iii) Meter stamps without the name of the post office and State.

(iv) Meter stamps without the date printed on tape. (See § 143.4 (f) of this chapter.)

(v) Meter stamps printed on mail which was dispatched from the mailing post office in regular course and returned to sender as undeliverable, including nixies marked "No such post office in State named."

(vi) Meter stamps on mail addressed for local delivery and returned to sender after directory service was given or effort was made to deliver.

[35 F.R. 19456, Dec. 23, 1970]

PART 148-REVENUE DEFICIENCIES DEVELOPED BY AUDIT

Sec.

148.1 Developed by postal inspector audit. 148.2 Developed by local financial examination or audit.

AUTHORITY: The provisions of this Part 148 issued under 39 U.S.C. 401.

§ 148.1 Developed by postal inspector audit.

(a) 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

Sec.

151.1

30 days by collection from the debtor or with personal funds.

(b) Amounts over $100. The report of the deficiency will first be reviewed by the Office of Mail Classification. By report on form 3581, Notice of Revenue Deficiency, that office 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 U.S.," 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 director, finance division.

[35 F.R. 19456, Dec. 23, 1970]

§ 148.2

Developed by local financial examination or audit.

Whenever a revenue deficiency is developed as a result of an examination or audit performed in accordance with §§ 126.6(f) and 144.3(b) (5) (iv) of this chapter, or Handbook F-1, 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 an inspector, the report of the deficiency will be reviewed by the Office of Rates and Classification and handled as provided in § 148.1 (b). [35 F.R. 19456, Dec. 23, 1970]

PART 151-GENERAL

Private mail receptacles.

151.2 Local ordinances and State laws.

AUTHORITY: The provisions of this Part 152 issued under 39 U.S.C. 401.

ery of mail on any city delivery route, rural delivery route, star route, or other mail route is designated an authorized depository for mail within the meaning of 18 U.S.C. sections 1702, 1705, and 1708.

(b) Use for mail only. Receptacles described in § 151.1(a) shall be used exclusively for mail except as provided in § 156.5 (h). Any mailable matter such as circulars, statements of accounts, sale

bills, or other similar pieces deposited in such receptacles must bear postage at the applicable rate and a proper address. [35 F.R. 19456, Dec. 23, 1970]

§ 151.2 Local ordinances and State laws.

Postmasters are expected to report to regional offices any contemplated action by local or State authorities to enact or consider enactment of local ordinances or State laws that would adversely affect operating costs or performance of postal service.

[35 F.R. 19456, Dec. 23, 1970]

PART 152-WHO MAY CARRY
LETTERS

The Postal Service has a monopoly over the transportation of letters for others over post routes. For detailed information, refer to Publication 111, Restrictions on Transportation of Letters. A sender or carrier of matter who has any doubt as to whether such matter is or is not a letter may obtain, on request, a specific ruling from the General Counsel of the Postal Service. Address inquiries to the Assistant General Counsel, Opinions Division.

(5 U.S.C. 301, 39 U.S.C. 501, 505) [35 F.R. 19456, Dec. 23, 1970]

convenient points in areas served by city carriers; at non-city-delivery offices in front of the post office quarters and in nonpersonnel rural stations and branches.

(c) Rural boxes. Mail on which postage has been paid may be deposited for collection in mailboxes on rural routes.

(d) Vim mailrooms. Mail may be deposited in bundle mail drops where provided. Otherwise, it may be left with the carrier on duty when the VIM call window is open.

§ 153.3

Deposit of mail with employees.

The following types of mail may be handed for dispatch to employees on duty in mobile units or transfer offices and at airport mail facilities:

(a) First-class mail. On which postage has been paid.

(b) Medicines and serums. Third- or fourth-class mail, presented by representatives of manufacturers or distributors of medicines or serums, when endorsed: "Emergency-This package has been weighed and bears necessary postage. Any additional postage found to be due is guaranteed by sender." Third- and fourth-class mail, other than that described and mail to be sent registered, insured, or COD, is not mailable with the employees identified above.

§ 153.4 Separation of mail by sender.

Customers having large mailings should separate them into packages marked "Local" and "Out of Town". These labels may be obtained from the post office.

§ 153.5 Recall of mail.

(a) Who may recall mail. Mail deposited in a collection box or post office may be recalled on proper identification by the sender, by the parent or guardian of a minor child, or by the guardian of a person of unsound mind. Submit Form 1509. Sender's Application for Recall of Mail, obtainable at any post office, to the postmaster at the office of mailing. Postmasters at offices of address must comply promptly with recall requests from Federal Government executive departments or their regional offices. The requirement that the application for recall be made through the mailing office does not apply to official mail. File all applications for the recall of mail and related papers at the office of mailing.

(b) Expenses. The mailer must pay all