41.5 Unauthorized use of premises.

AUTHORITY: The provisions of this Part 41 issued under R.S. 161, as amended, 5 U.S.C. 22, 39 U.S.C. 309, 501, 701, 705, 707, 708, 2209, 6001, 6009.

SOURCE: The provisions of this Part 41 appear at 26 F.R. 11571, Dec. 6, 1961, unless otherwise noted.

§ 41.1 Establishment of post offices.

(a) Where established. Post offices, and branches and stations, are established and maintained at such places as may be deemed necessary for the convenience of the postal patrons.

(b) Requirements. There is no fixed minimum population requirement. This factor is given consideration in making a determination. Other factors are the proximity of existing postal units and the relative cost involved, including the transportation of mail to a newly established unit.

(c) Procedure. Patrons desiring a post office in their community should communicate with the Department. The forms needed on which to supply necessary information will be sent to the patrons. Requests for the establishment of a branch or station of an existing post office should be made to the local postmaster.

(a) Business days. Post offices maintain window service for the delivery of mail and the sale of stamps every business day during the hours when the principal business houses of the community are open. Registry service and money order service are provided during the hours the postmaster determines are in accordance with the needs of the community. Post offices designated as postal-savings depositories provide for the receipt and withdrawal of deposits every weekday during the hours prescribed for the transaction of moneyorder business.

(b) Night service. Post offices are not ordinarily open for business at night. Lobbies of some post offices are open at

night to permit the public to deposit mail and to obtain mail from lock boxes.

(c) Holiday service. Post offices are kept open on holidays for such time as may be necessary to meet the reasonable postal requirements of the public. Special-delivery mail is delivered on holidays, but delivery service is not given on letter carrier or rural routes. The following holidays are observed:

(a) Purpose of boxes. Post office boxes and drawers are for the convenience of the public in the delivery of mail. The service affords patrons privacy, and permits them to obtain mail at their convenience during the hours the lobby is kept open.

(b) How to rent a box. The patron must submit Form 1093, Application for Post Office Box, to the postmaster at the post office where the box is located. The application will be approved or denied by the postmaster. Furnishing false information on the application is sufficient reason for denial. When the application is approved, a box will be assigned.

(c) Rental rates-(1) Main post offices-(i) Office groups. The following nine groups are for use in determining the correct rate category for call and lock boxes at main post offices.

Group A. Post offices offering city delivery service and with the position of the postmaster ranked in salary levels 16, 17, 18, or 19.

Group B. Post offices offering city delivery service and with the position of the postmaster ranked in salary levels 14 or 15.

Group C. Post offices offering city delivery service and with the position of the postmaster ranked in salary levels 12 or 13.

Group D. Post offices offering city delivery service and with the position of the postmaster ranked in salary levels 10 or 11.

(2) Rates at

stations, branches, annexes, and airport mail facilities(i) Stations, branches, annexes, and airport mail facilities of first-class offices.

(a) With the exception of rural stations or stations and branches primarily servicing academic institutions (see subdivision (iii) of this subparagraph), box rent rates at stations, branches, annexes, and airport mail facilities affiliated with first-class post offices, regardless of gross annual postal receipts, shall be based on the following:

(1) At classified stations, branches, and airport mail facilities, with or without city carrier service and with the position of the superintendent ranked in salary levels 9 or above, the rates are those prescribed in the box rent schedule for the first group below that of the main office.

(2) At classified stations, branches, and airport mail facilities with or without city carrier service and with the position of the superintendent ranked in salary levels 8 or below, the rates are those prescribed in the box rent schedule for the second group below that of the main office.

(3) At designated classified stations and branches located very near the main office and at annexes, the rates shall be the same as those charged at the main office.

(4) All contract stations will charge those rates prescribed in the box rent schedule for the second group below that of the main office.

(b) All personnel operated rural stations shall charge the fees prescribed in the box rent schedule for group I post offices.

(c) At nonpersonnel rural stations, the box rent fee is 60 cents per fiscal year. If rented after the beginning of the fiscal year, the rate is 5 cents for each month, or portion of a month, remaining in the fiscal year.

(d) Stations and branches with box equipment owned or supplied by an academic institution shall establish box rental charges in accordance with subdivision (iii) of this subparagraph. Stations and branches primarily serving academic institutions with lockbox equipment not owned or supplied by an academic institution shall charge regular applicable box rental rates.

(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.