Code of Federal Regulations: Containing a Codification of Documents of ...

expenses of recalling mail, including the cost of any necessary telegrams, and the regular rate of return postage (except for first-class mail, which is returned without additional postage).

(c) Original postage. If mail recalled before dispatch is again presented for mailing, accept the original stamps for postage at face value. This does not apply to stamps in payment of registry, insurance, or COD fees.

(d) Carriers. Carriers or collectors will not return mail deposited in a letterbox from which collection is made by a post office employee or which has come into his custody in the performance of his official duties.

(e) Registered mail. The customer will write or stamp "Withdrawn Before Dispatch" on his copy of the registered mail receipt, sign it, and surrender it. The customer's surrendered receipt will be attached to the post office copy. Write or stamp the same words on, and postmark the face of the article.

(f) Telegram. If the mail has been dispatched from the mailing office, the postmaster at that office shall telegraph a request to the postmaster at the office of address for return of the mail. The mail shall be carefully described to identify it and prevent the return of any other mail. Dispatch particulars shall be furnished if they will be of assistance in locating the mail.

(g) Return. Return recalled mail to the mailing postmaster reenveloped or rewrapped under penalty indicia. The mailing postmaster must deliver it to the sender on payment of the necessary fees and any postage due. Registered mail shall be returned as official registered mail in a penalty envelope without charge for the registry fee. If the mail was delivered before the recall application or the telegram was received, make a report to the mailing postmaster who will inform the sender. Do not advise the addressee that mail has been recalled or that recall was requested.

§ 153.6 Mail chutes and receiving boxes.

(a) Use. (1) Mailing chutes and receiving boxes may be placed at the expense of the owner in public buildings, railroad stations, hotels, and business or office buildings of not less than four stories, and apartment houses of not less than 40 residential apartments. Buildings in which receiving boxes are located must be open to the general public, with

out restrictions, during the hours prescribed for mail collections. If the owner of a building does not desire to install a mail chute and receiving box, a receiving box only may be installed, provided the postmaster has determined it is necessary and has approved its installation.

(2) Mailing chutes and receiving boxes are intended for the reception or deposit of mail matter of the first class and must not be used for the deposit of mail of any other class. and

(b) Installation, specification, maintenance. Requests for the installation of mailing chutes and receiving boxes must be approved by the postmaster and he must be furnished the contract and specifications for any proposed chute and box. The specifications for mail chutes and maintenance procedures are covered in Publication 16, Mailing Chute Rules, Regulations, and Specifications.

AUTHORITY: The provisions of this Part 154 issued under 39 U.S.C. 401.

SOURCE: The provisions of this Part 154 appear at 35 F.R. 19457, Dec. 23, 1970, unless otherwise noted.

§ 154.1 Delivery to persons.

(a) Delivery to addressee. The addressee may control delivery of his mail. In the absence of a contrary order, the mail is delivered as addressed. Mail addressed to several persons may be delivered to any one of them. The addressee may refuse to accept a piece of mail at the time it is offered for delivery. Also, he may request his postmaster in writing to withhold from delivery for a period 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.

(i) Holding mail at request of addressee. Ordinary mail, except first class bearing return address of sender specifying a retention period, will be retained at the office of address at the request of the addressee, for a period up to 30 days. Under unusual conditions, mail may be held for a longer period if the postmaster considers it practicable.

[35 F.R. 19457, Dec. 23, 1970, as amended at 36 F.R. 7051, Apr. 14, 1971]

§ 154.2 Delivery of addressee's mail to another.

(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,

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(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. 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.

(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 orga

nization 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

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 filled 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.