(ii) Stations and branches of secondand third-class offices. (a) With the exception of rural stations 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 will charge the fees prescribed in subdivision (i) (b) or (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:

(a) When box equipment is separated from designated post office quarters and the mail is placed in the boxes by personnel employed by the school, box rental fees, if any, are subject to the control of the academic institution, and the revenues therefrom, if any, are not considered postal funds.

(b) When box equipment is not separated from designated post office quarters or the mail is not placed in the boxes by personnel employed by the academic institution, call and lockbox charges are based on the following schedule and all revenues therefrom are considered as postal funds. Fees may be paid on an annual basis or on either a semester or quarterly basis to coincide with the system used by the school. Box rental fees applicable during the summer session of schools operating on a semester basis will be one-half the regular semester rates.

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) Fees applicable under special circumstances. When boxes of the size desired by a patron are not available arrangements may be made to use bags or other containers instead of lockboxes. The fee for this service will be equivalent to the rental that would be collected for the size box necessary to accommodate the patron's 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.

(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 quarters within the fiscal year; annually (July 1-June 30); or for the remaining portion of the 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 any time on or before June 30, September 30, December 31, and March 31 respectively, for any number of quarters in the fiscal year beginning July 1 and ending June 30.

(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 twenty-first day, one-third quarterly rate. On or after the twentyfirst 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.

(5) At nonpersonnel rural stations. Boxes at nonpersonnel rural stations may be rented only on a fiscal year basis, or for the remaining portion of the fiscal year (see subparagraph (3) of this paragraph). For each payment collected, the rural carrier will issue Form 1096, Cash Receipt, pending issuance of Form 1538.

(e) Refund of box rent. When a box is surrendered, no portion of the rent will be refunded to a patron who has paid on a single quarterly basis. A patron renting a box for more than one quarter who surrenders the box before the end of the full period for which rent has been paid may apply for a refund of that portion of the box rent that is applicable to all remaining full quarters within the fiscal year. No refund will be made for the remaining portion of the quarter in which the box is surrendered.

(iii) Mail addressed to his care or to the number of his box by persons who wish him to take care of it for them not more than 30 days.

(iv) Mail addressed to members of his family.

(v) Mail addressed to his servants or other employees who live in his house.

(vi) Mail addressed to a relative or other person who lives permanently in his house as do the other members of his family. Boarders or roomers are not considered members of the family.

(2) Firms or corporations. A firm renting a box may have placed in it: (i) Mail addressed to its name.

(ii) Mail addressed to any of its officials and office employees.

(iii) Mail addressed to any member of a firm, or members of his family, by the consent of all members of the firm.

(3) Students and teachers. Mail addressed to students and teachers at an educational institution may be deposited in the box rented by the school, if consistent with the rules of the school.

(4) Public institutions. Mail addressed to inmates of a public institution may be deposited in the box rented by it, if consistent with its rules.

(5) Associations. An association or society may rent a box, but it may not be used for individual members, other than officers addressed by their official titles.

(6) Hotel or boarding house. Mail addressed to guests or transient boarders at a hotel or boarding house will be placed in the box assigned to it or its proprietor.

(7) Mail addressed to box number. Mail addressed only to a box number may be delivered to the box holder as long as no improper or unlawful business is conducted in this manner.

(g) Keys (1) Regular. A patron renting a key-type lockbox must be supplied with one or two keys, according to his needs. Renters of lockboxes are not permitted to obtain or use any keys except those issued through the post office.

(2) Additional. Keys in excess of two may be obtained from the post office on completion of Form 1094, Application for Additional Keys to Post Office Box, and payment of a 50-cent fee for each key. Under no circumstances may the boxholder or his agent obtain additional keys for the box assigned to his use from any other source or supplier.

(3) Duplicate. Duplicates of lost keys may be secured by payment of a 50-cent fee for each key.

(4) Fees not refundable. Fees for duplicate and additional keys are not refundable.

(5) Worn and broken. Worn or broken keys shall be replaced without charge if the damaged key is surrendered.

(6) Return. All keys must be returned when the box is surrendered. If the patron has lost a regular key, he must pay a fee of 50 cents for each missing key.

(h) Restrictions-(1) Improper purposes. A box will not be rented to anyone who the postmaster has good reason to believe will use it for the purpose of deception, for immoral or improper purposes, or for the conduct of a fraudulent or lottery business.

(2) Misuse. A box will not be rerented to anyone who does not take proper care of it or who disregards the rules concerning its use.

(3) Improper matter in box. Only matter which has passed through the mail, or official postal notices, may be placed in a post office box. (See paragraph (a) of this section.) (Interprets or applies 62 Stat. 784; 18 U.S.C. 1725)

(4) Closing of box. When a postmaster has reason to believe that a box is being used for a fraudulent, deceptive, or unlawful scheme, or for an immoral or improper purpose, or for the purposes of a lottery, or that the safety of the mail is endangered by its continued use, or that its use is for other than the receipt of mail or official postal notices, he will report the facts to the Assistant General Counsel, Mailability Division. If the General Counsel finds that the box is being used for any of said purposes, he shall have the right to order the box closed.

[26 F.R. 11571, Dec. 6, 1961, as amended at 26 F.R. 12125, Dec. 19, 1961, 27 F.R. 11767, Nov. 29, 1962, 28 F.R. 1999, Mar. 3, 1963, 28 F.R. 5423, June 1, 1963, 28 F.R. 11506, Oct. 29, 1963]

§ 41.4 General delivery.

(a) Use. General-delivery service is designed primarily for the use of patrons at offices not having carrier-delivery service. Mail bearing as a part of its address the indorsement, "Transient," "To Be Called For," "General Delivery," or other words indicating that it is intended for a transient person, will be placed in the general-delivery case to be delivered to the addressee on his application and proper identification.

(b) Where carrier deliveries are provided. General-delivery service is provided at offices having carrier-delivery service for transients and patrons who are not permanently located. Persons intending to remain for 30 days or more in a city having carrier service should file their names and street addresses at the post office so that their mail may be delivered by carrier unless lock-box service is desired. Persons living in cities having carrier delivery service may for good and sufficient reasons satisfactory to the postmaster receive their mail at general-delivery windows. Application for this privilege is made on Form 1527 "Application for the Use of the General Delivery", available at the post office.

nopoly was created prior to the adoption of the Constitution and has existed, with varying provisions, continuously from that time to the present. This part defines the types of matters which constitute letters and hence which are subject to the monopoly. It sets forth the types

of transportation covered under the monopoly. It also prescribes exceptions to the monopoly.

§ 42.2 What are letters.

(a) Definition of letters.

(1) A letter

is generally defined as a message in writing and may be written in any language, or in a code. It need not be in handwriting but may be written by a system of checking from a list of printed statements or punching holes or by point print or in raised characters used by the blind.

(2) For purposes of the exercise of the postal monopoly, the term letters may include circulars, as the term circular is defined to be a printed letter which is being sent to several persons in identical terms.

(3) A writing is not a letter unless addressed to or intended for some particular person or concern.

(4) In addition to communications of a purely persona! nature, the word letter includes any matter conveying live, current information between the sender and the addressee. If the sender expects or intends the addressee to act, rely or refrain from acting on the information, the information is live and current.

(5) A letter may be in a sealed envelope, in an unsealed envelope or not in an envelope.

(6) Factors of weight and size do not exempt letters from being subject to the postal monopoly.

(7) A telegraphic message is not a letter.

(b) Rulings on letters. The examples set forth in this part do not comprise every type of matter that would fall either within or without the scope of letters covered by the postal monopoly. The sender or carrier of matter who has any doubt as to whether such matter is or is not a letter may obtain, upon request, a specific ruling from the General Counsel of the Post Office Department. Inquiries should be addressed to the Assistant General Counsel, Opinions Division.

(c) Examples of letters-(1) Orders. Orders for merchandise to be filled by the recipient are letters. Orders are also letters when forwarded by a salesman or a store to the main office to be filled. Orders include requisitions from one department of a business house on another department, when carried over post routes.

(2) Bills and statements of account. Bills and statements of account are letters when sent by business concerns or persons selling goods or rendering service to their customers. This includes store accounts, premium notices, water bills, bank statements and receipts and receipted statements of account when sent from a creditor to the debtor.

(3) Reports. Reports are letters when sent from the person, office or firm making the report to the person, office, firm or governmental agency to whom the report is made. Examples are:

Income or other tax returns.

Proofs of loss filed by an insured under an insurance policy.

Monthly and weekly reports of business transactions made to a central office. Reports of insurance agents to their companies' home offices.

(4) Applications. An application transmitted from the applicant to the person or governmental agency to whom it is made is generally a letter. Examples are:

Application for driver licenses and automobile licenses and other permits. Applications for loans. Contest entries.

(5) Interoffice communications. Any written or printed matter sent between offices of a concern, over post routes, which gives to the addressee office live, current information on which the latter is expected to act, rely or refrain from acting, constitutes a letter. The following are examples of such letters:

Requisitions which are orders from one department to another department within the same organization.

All types of matter sent from a branch store to the main office to supply information on which charges and credits to the branch store or office are made or to verify the accuracy of items in the accounts between the main office and branch office or store.

Retail price lists, catalogs bulletins and notices sent to advise a store or branch office of the price the latter should charge

its customers or to advise the latter of discounts, market quotations, and the like.

(d) Examples of matter not letters. Following are examples of matter not classed as letters:

(1) Commercial papers. Commercial papers are not classed as letters since they are valued as evidence of rights of the holder rather than for any information they may carry when shipped from one person to another. Such commercial papers include contracts, stock certificates, promissory notes, bonds and other negotiable securities, insurance policies, title policies, abstracts of title, mortgages, deeds, leases and articles of incorporation.

(2) Legal papers and documents. Legal papers and documents are not letters. This class of matter is intended for use in law suits or formal quasijudicial proceedings, orders of court and the like.

(3) Official records. Examples of official records which are not letters are: birth and death certificates, election ballots, and tally sheets, lists of registration of voters and certificates to practice cerlain professions.

(4) Drawings, etc. A picture or other visual representation of a physical thing, actual or projected, would not be a letter. Examples are drawings, blueprints, maps and plat surveys.

(5) Advertising and directory materials. Catalogs are not letters except as stated in paragraph (c) (5) of this section. Directories and unaddressed advertising handbills or circulars are not letters.

Ex

(6) Interoffice communications. amples of interoffice communications which are not letters are:

Carbon copy of a letter previously sent to the same address if it contains no information not in the original.

Matters sent for filing and storage only and not intended for the recipient's own use. Matters sent for auditing to determine whether charges and credits are correct, when the results of the audit are not used to adjust accounts within the organization.

Data sent to a central office for preparation of customers bills if the data is returned to the sender and no part of the information is retained by the central office.

(7) Checks and drafts. Bank checks in their ordinary form containing only the names of the drawer, payee, bank upon which drawn, amount of money, and date of issue are not letters. Checks, notes, and drafts sent by banks to other banks for collection of payment are not

letters. Canceled checks and drafts may be returned to the drawer without being classed as letters. Checks issued by creameries to farmer-producers frequently bear on their face, or are accompanied by, statements showing the basis for computation of the amount of the check, e. g., the weight, butterfat content, bacterial count, deductions for hauling, and the like. So long as none of the information is extraneous to the check itself, these statements may accompany, or appear on, a check being transmitted by a contract hauler or otherwise outside the mail without either the check or statement being subject to payment of postage. See § 42.3 (c).

(8) Matters sent for auditing or preparation of bills. Freight bills, invoices, paid bills, sales slips, receipts, records of receipts and disbursements and the like which are forwarded for the sole purpose of having them audited internally on behalf of the sender are not letters. Such matter becomes letters when the person or office which receives them takes any corrective action or adjusts accounts between the sender and addressee, or otherwise makes use either of the material forwarded or the results of the audit. This same rule applies to material sent to a central office for the sole purpose of preparing customers statements, unless other use is made or action taken by that central office. The subsequent mailing of the bills to the customers by the central office would not cause the working matter sent to that office to be considered letters. Similarly, matter forwarded for the performance of purely mechanical work such as photostating or mathematical computation would not constitute letters.

(9) Old correspondence and other matters sent for filing, storage, or destruction. Old correspondence, records and any other type of matter sent from one office to another for filing, storage or destruction are not letters since there is no purpose of communicating any intelligence to the addressee. The matter so sent will be considered as a letter if it is sent for the purpose of establishing a file from which the addressee may at some time take information on which he will then act, rely or refrain from acting.

(10) Examination papers. Examination papers forwarded for scoring to a central scoring agency are not regarded as letters provided the scoring agency does not make use of the scores or other information derived from the papers.