tions can be easily removed from floor thimbles.

(3) Mail slots. (i) The chute must be provided with openings (mail slots) on each floor for deposit of mail. Each opening must be 434 by 1⁄2 inches, with a second inside opening of the same size 21⁄2 inches below the first with serrate edges or other suitable device designed to prevent clogging. The legend "U.S. Mail" must be plainly inscribed upon chutes at every mail opening.

(ii) At each slot opening, there must be attached a suitable dustproof glass covered frame, 434 by 9 inches, in which will be placed POD Sign 23, U.S. Mail, giving current information as to the use of mail chutes, stating that the hours of collection are posted on the receiving box, and calling attention to the penalties for tampering with mail equipment.

(4) Locking devices. The chute must be provided with a suitable locking device and keys so it may be conveniently opened and closed by postal authorities but not by other persons. The lock must be so constructed that the key cannot be removed until the chute is properly locked. Postmasters must retain possession of all mail chute keys. When new equipment is installed, prompt action must be taken to obtain such keys before the equipment is placed in use.

(5) Location and arrangement. (i) The chute must be so placed as to be conveniently accessible throughout the entire length. When more than 5 lineal feet of the mail chute will be concealed, removable panels must be provided in the concealing features to permit easy access to the chute for removal of blockades. The concealed equipment should be so manufactured and installed that it can be removed readily if necessary. In no case shall the chutes be placed behind elevator screens or partitions or run through any part of a building to which the public is denied access without prior approval of the Regional Director.

(ii) Mail chutes installed in pairs must be constructed with a divider and dual receiving boxes to permit the segregation of "Local" and "Out-of-Town" mail. In addition they must be so erected that service could be discontinued on any part of either chute leaving the other available for service.

(iii) The chute must be so constructed that it can be easily opened and closed without the use of tools and without injury to structure or finish, and all por

tions of its interior must be easily reached. If panels are not set entirely inside channels, adequate intermediate fastenings controlled by official key must be provided.

(d) Specifications for construction of receiving boxes-(1) Dimensions. The cubic contents of receiving boxes will be determined by the postmaster. The bottom of the door of the box must not be less than 30 inches from the floor level of the building. The exterior of the bottom of the box must not be less than 20 inches from the floor level, and this space shall be entirely open and unobstructed and so arranged that the mail collector may place a satchel or other receptacle in convenient position under the bottom of the door when making collections.

(2) Material. Receiving boxes must be constructed of metal of sufficient weight and such character as to insure security and rigidity. Boxes must be provided with cushions, yielding bottoms, or deflecting devices which will effectively prevent damage to mail matter descending through the chute. If cushions are used, they shall be made of wool felt and covered with asbestos cloth. The bottom of the box must be provided with a suitable means of attaching and holding the carrier's satchel or other receptacle in position.

(3) Door and floor. Receiving boxes must be provided with doors opening to the right upon exposed side hinges secured with rivets. The door openings must be not less than 12 by 20 inches nor more than 18 by 30 inches. The floor of the interior of the box, or cushion if one is used, must be level with the threshold of the door. Four screw holes must be placed in the door, to fit letter box arrow locks furnished by the postmaster.

(4) Mail slots, markings, and display frames. Boxes must be provided with mail openings 14 inches wide by 11 inches long, protected by inside hood. Openings shall be not more than 5 feet 10 inches above the floor level and protected by inside hinge flaps, and legibly inscribed "Letters". Boxes must be distinctly marked "U. S. Mail Letter Box" and must be provided with suitable and convenient frames to display collection schedule cards 334 by 51⁄2 inches in size.

(5) Location. To promote an efficient collection operation, receiving boxes must be placed near the main entrance of the building, or the loading-unload

ing area if used by the post office for mail collection purposes. Receiving boxes must not be located more than 100 feet from the entrance used by collectors, based upon the shortest line of travel. The location will be approved by the postmasters only after a careful examination of the tentative building plans, and after a determination that it will be impracticable to place receiving boxes closer to collector entrance because of structural conditions. Receiving boxes must be placed on the floor level used by collectors to enter the building.

(6) Auxiliary box. If the receiving box to be attached to the chute will not be of sufficient size to accommodate the deposits of first-class mail, an auxiliary box or boxes of sufficient capacity should be installed in close to the mail chute boxes. The cubic contents of the auxiliary receiving box or boxes will be determined by the postmaster, and their construction must conform to the general specifications for the receiving boxes except deflecting devices are not required. The mail openings should be of sufficient size to permit the deposit of first-class mail tied in bundles and the mail opening or "pull-down" shall be inscribed "Letters" and "Letter Mail Tied in Bundles."

(7) Metal compartments. If, due to structural conditions, it is not practicable to install auxiliary boxes, a metal compartment comparable in size to a small P. O. sack rack should be provided. Although no specifications are stipulated for the construction of the metal compartment, it should be of sufficient height and length to permit the suspension of the required number of sacks from hooks, the number of mail openings to correspond to the number of sacks. The compartment must be lettered or stenciled "U. S. Mail" in large letters and have on each section or at the mail opening the inscription "Letter Mail Tied in Bundles." The compartment must be constructed so as to permit the convenient hanging and withdrawing of the sacks.

(8) Combination letter and bundle box. If the receiving box to be attached to a chute will not be of sufficient size to accommodate the deposits of firstclass mail, and it is not desired to install a separate auxiliary box, a combination letter and bundle letter box may be attached to the chute in lieu of the regular receiving box, constructed as follows:

(i) The box must be at least 60 inches high, 23 inches wide, and 17 inches deep, and shall have a pull-down inlet door with an opening 7 by 111⁄2 inches inscribed "Letters and Letter Mail Tied in Bundles." The bottom edge of the door opening should be not more than 5 feet above the floor level. The mail opening shall be fully protected by inside baffle plates so as to prevent pilfering of mail.

(ii) At a height of 3 feet 4 inches from the bottom of the box there must be placed a 34-inch pipe hanger (removable) along each side of the box from the front to the back, each equipped with two sliding hooks so that a No. 1 mail sack may be hung thereon.

(iii) The bottom of the door of the box should be flush or below the level of the bottom of the box and this door should be of such size and so constructed as to permit the convenient hanging and withdrawing of the sacks. There must be four screw holes in this door to fit the letter box arrow lock to be furnished by the postmaster

(iv) Boxes shall be distinctly marked "U. S. Mail."

(e) Maintenance of chutes and receiving boxes. (1) The mailing chute on each floor as well as the receiving box must be inspected by a representative of the postmaster at least once every 5 years. Route examiners and carriers should report damaged or otherwise unsatisfactory chutes and receiving boxes as necessary. Cleaning and repairing as may be directed by the postmaster must then be done under his supervision by and at the expense of the proprietor or lessee of the building in which the chute and receiving box are situated. Form 1506, Mail Chute Inspection, should be completed when chute is inspected. Form is retained in office of the postmaster.

(2) If the postmaster finds that any part of the chute or receiving box does not conform to the regulations in this part, or has become defective, he must close the mail openings and discontinue collections, and shall not resume collections until the mailing chute and receiving box fully meet the requirements of the regulations in this part. All repairs, changes, and alterations to mailing chutes and receiving boxes must be made by and at the expense of the owner or lessee of the building in which they are situated, under the supervision and subject to the approval of the postmaster.

(3) Any obstruction in a mailing chute must be reported at once to the postmaster, who will promptly make an inspection. If the obstruction resulted from misuse or abuse of the chute, he will notify the proprietor or lessee of the building in which it is located and may, in his discretion, close the mail openings and discontinue collections until satisfied that proper care will be taken in the future. If collections are discontinued, the postmaster will attach to the chute, at the several mail openings, notices of discontinuance.

(4) The postmaster must take immediate corrective action with the building management in accordance with § 43.6 (e) (2) when it is determined mail chute repairs are necessary to correct obstruction or malfunctions.

(f) Custody and control of chutes and receiving boxes. (1) Mailing chutes and receiving boxes are considered the property of the United States as long as collections of mail are made from them and shall remain under the exclusive custody and control of the postmaster until collections are discontinued by his direction.

(2) Every mail chute contract must contain an explicit waiver by the owner or owners of patents issued or to be issued on the chute and receiving box covered by the contract, and on any device or devices connected therewith, of all claims against the United States and its officers and agents for the use of such chute and box and such device or devices.

(3) The contract must contain a full warranty by the company or person proposing to erect the chute and receiving box against claims on account of infringements of the patents of others. Before commencing collections of mail, the postmaster must assure himself that a blanket bond in such form and with such penalty as may be prescribed by the Postmaster General has been filed at the Department conditioned that the obligor and his or its sureties shall and will protect and indemnify the United States from any and all such claims, accompanied with a written notice from such person or company that they have no claim of any kind against such mailing chute and receiving box. This bond must be in the amount of $10,000, though

a larger sum may be required if considered advisable by the Post Office Department.

(4) With every mail chute contract submitted for approval there must be furnished evidence that a surety bond in the sum of $3,000 has been given to the purchaser guaranteeing the construction and installation of the mail chute equipment in accordance with the rules, regulations, and specifications of the Post Office Department, and that any defect arising within 3 years will be remedied by the manufacturer without expense to the purchaser.

(5) When mail chutes and receiving boxes are installed under lease, the postmaster is authorized to sign an agreement, endorsed on the back of the contract, between the owner or lessee of the building and the person or company installing the chutes and boxes, providing that if the lessors shall request return of the equipment, the postmaster will, after due notice to the owner or lessee, discontinue collections, remove the lock from the receiving box, and permit the removal of the equipment by the lessors. This arrangement is limited to situations in which the building owner or lessee has (i) personally entered into the lease, or (ii) explicitly agreed to be bound by the terms of the lease, where he is not the original owner or lessee. It is not applicable whenever there is a transfer of ownership or lease of property involving leased mail chute equipment, and the new owner or lessee does not expressly agree in writing to be bound by the lease. Unless a subsequent owner or lessee explicity agrees to be bound by the lease terms applicable to mail chutes and receiving boxes, the lease will be considered as having been terminated upon transfer of ownership or lease of the building. Postmasters will not endorse contracts and sign agreements between building owners or lessees and firms installing mail chute equipment except under either one of the two conditions.

(g) Regulations to be part of contract. The contents of this section must be printed on the back and become a part of every contract for the erection and use of mailing chutes and receiving boxes entered into between the manufacturers or owners of chutes and boxes

and the proprietor or lessee of the building in which they are located. Postmasters may obtain copies of the contents of this section from their area supply centers for distribution to appropriate patrons.

(h) Mailing chute and receiving box manufacturers (1) A firm interested in the manufacture of mailing chutes or mailing chute receiving boxes must first submit to the Distribution and Delivery Division, Bureau of Operations, specifications, drawings, and a full size working model of the chute and receiving box. The chute section should be at least 5 feet in length and must contain a mail slot. This section is to be attached to the receiving box. If the specifications, drawings, and model are found satisfactory, the Bureau of Operations will request the firm to submit a $10,000 bond as specified in paragraph (f) (3) of this section. After the bond is examined and approved, the Bureau of Operations will authorize installation of not more than three mailing chutes and receiving boxes for a 90-day actual service condition test. If no unsatisfactory condition is disclosed during the test period, final approval for the manufacture of this equipment will be given. The company's name and address will then be added to the list of authorized manufacturers of mailing chutes and receiving boxes.

(2) Manufacturers of approved receiving boxes and mailing chutes are: Capitol Mail Chute Corp., 55 Cozine Ave., Brooklyn, N.Y., 11207; Cutler Mail Chute Co., 76 Anderson Avenue, Rochester, N.Y., 14607; Federal Mail Chute Corp., Ltd., 436 Kearny St., San Francisco, California, 94108; Pioneer Mail Chute Corp., 401 Washington Avenue, Carlstadt, N.J., 07072.

(3) Louis Sack Company Inc., 24 Lake Street, Somerville, Mass., 02143 is authorized to manufacture only receiving boxes for mailing chutes.

(39 U.S.C. 2508, 2509) [26 F.R. 11575, Dec. 6, 1961, as amended at 28 F.R. 11506, Oct. 29, 1963, 29 F.R. 12826, Sept. 11, 1964, 30 F.R. 2314, Feb. 20, 1965, 30 F.R. 6436, May 8, 1965, 30 F.R. 7392, June 4, 1965, 30 F.R. 11720, Sept. 14, 1965]

§ 43.7 Private mail receptacles.

(a) Designation as authorized depository. Every letter box or other recep

tacle intended or used for the receipt or delivery 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 sections 1702, 1705, and 1708 of Title 18, United States Code.

(b) Use for mail only. Receptacles described in paragraph (a) of this section shall be used exclusively for mail except as provided in § 46.5 (h) of this chapter. Any mailable matter such as circulars, statements of account, sale bills, or other similar pieces deposited in such receptacles must bear postage at the applicable rate and bear a proper address.

44.5 Delivery of mail addressed to incorporated and unincorporated firms. 44.6 Delivery of mail addressed to persons at hotels, institutions, schools, etc. 44.7 Conflicting orders by two or more parties for delivery of same mail. 44.8 Delivery of packages.

AUTHORITY: The provisions of this Part 44 issued under R.S. 161, as amended; 5 U.S.C. 22, 39 U.S.C. 501, 4004, 4101, 4102, 4103. § 44.1 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 specifically described items of foreign printed matter or any obscene, lewd, lascivious, or indecent matter. After delivery, he may mark a piece of mail "Refused" and return it unopened to the mails, except registered, insured, certified and COD mail which 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 as provided in Part 48 of this chapter. 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) Pension mail. Delivery of pension mail may not be made to an attorney, claim agent, or broker, even though the addressee orders such delivery.

(e) 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.

(f) 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 § 51.9 (g) of this chapter.

(g) Ordinary mail bearing the word "Personal" is delivered in the same way as other mail for the addressee.

[26 F.R. 11578, Dec. 6, 1961, as amended at 27 F.R. 2102, Mar. 3, 1962, 28 F.R. 6537, June 26, 1963]

§ 44.2 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 a 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 mail receiving agency, an application on

Form 1583, "Application for Delivery of Mail Through Agent", must be signed by the agent and the addressee, and the form must be filed with the postmaster. A duplicate copy of completed Form 1583 must be kept on file by the agency. Arrangements for disposition of mail must be made with the agency by the addressee. When forwarded by the agency, the mail is subject to payment of new postage.

(b) Addressed mail 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.

(c) Addressed mail to incompetents. Where a person has been legally declared an incompetent, his mail may be delivered in accordance with the order of 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.

[26 F.R. 11578, Dec. 6, 1961]

§ 44.3 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 contro! 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.

[26 F.R. 11578, Dec. 6, 1961]

§ 44.4 Delivery to officials or employees of organizations.

(a) Mail directed to officials or employees of a Governmental or private