quest must appear conspicuously, directly under the return name and address of the sender, and separate from any other instructions, as follows:

FORM 3849-D REQUESTED

A mailer's request may include directions to send the notice to the mailer or to his representative. When the mailer's representative is designated, the representative's name and local or nearby address must be shown in a bordered space with instructions, reading: Do not deliver to mailer's designated representative without collecting COD charges, or Deliver without collecting COD charges to mailer's designated representative.

[26 F.R. 11592, Dec. 6, 1961, as amended at 30 F.R. 11719, Sept. 14, 1965] § 53.5 Delivery.

(a) At letter carrier offices. (1) A COD parcel will be tendered to the addressee at his home, or if he receives his mail in a post office box or through general delivery, he will be furnished a notice of the arrival of the parcel. If the parcel is undelivered after 5 days, a second notice will be sent to him. If the addressee does not accept the parcel when it is tendered, it will be returned to the post office and held for the length of time directed by the sender, but never more than 30 days. The addressee may go to the post office and obtain the parcel or he may request that it be delivered to his home. The mailer may also request that it be delivered again.

(2) A request that a second attempt be made by a carrier to deliver a COD parcel that was refused the first time must be accompanied by postage at the local rate. A parcel that was not refused will be tendered a second time only if the addressee gives assurance that it will be accepted; and no extra postage will be charged. A request by the sender for renewed delivery service must be accompanied by postage at the local

rate.

(3) When delivery of a COD parcel has been attempted twice by carrier, postage at the local rate must be paid for each additional attempt.

(4) No local rate of postage is charged for renewed attempts to deliver COD mail prepaid at the letter rate of postage. (5) The addressee must have the amount of the COD charges, as the carrier is not furnished change.

(b) At offices not having carrier delivery service. The addressee will be notified when a COD parcel is on hand for delivery. The notice is placed in the

general delivery or in a post office box. A second notice is issued if the article is undelivered after 5 days.

(c) On star routes affording delivery service. Star route carriers will deliver COD mail if required by the contract. Patron should present the exact amount of money needed to pay the COD charges and the money order fee.

(d) Type of delivery service. COD parcels are delivered in accordance with the regulations for delivery of registered mail (see Part 51 of this chapter), except that when delivery has not been restricted, mail addressed to a person at a hotel, apartment house, or the like, may be delivered to any person in a supervisory or clerical capacity to whom the mail is customarily delivered. Signed delivery receipts are obtained by the delivering carrier.

(e) Examination of mail. The addressee or his representative may read and copy the name and address of the mailer from COD mail while it is in the possession of the postal employee. Examination of the contents may be made only after the COD charges have been paid and delivery has been made.

[26 F.R. 11592, Dec. 6, 1961, as amended at 29 F.R. 11454, Aug. 8, 1964]

Sealed domestic mail of any class bearing postage at the first-class rate may be sent as registered COD mail. Such mail is handled the same as other registered mail. The maximum amount of charges collectible on a parcel is $200, but additional indemnity may be obtained over $200 up to the regular registry limit of $10,000 by payment of a higher fee. Registered COD mail is subject to a handling charge applicable to other registered mail, except that the basis of the handling charge is the amount by which the declared actual value of the article exceeds the limit of liability covered by the fee paid. Envelopes used as covers must not be smaller than 4 x 734 inches. [29 F.R. 11454, Aug. 8, 1964]

(c) If the insured or COD article was lost or the entire contents totally damaged, the payment check will include an additional amount for postage (not fee) paid by the sender.

(d) If both sender and addressee claim insurance, they should decide between themselves who should receive payment. If no agreement is reached, payment may be made to the sender, the person with whom the Government's contract of insurance was made.

(e) If the sender is incompetent or deceased, payment will ordinarily be made to the legal representative. If there is no legal representative, payment may be made to such relative or representative of the sender as may be entitled to receive the amount due, in accordance with applicable State laws. [29 F.R. 11454, Aug. 8, 1964]

Postal insurance within the amount covered by the fee paid is payable for: (a) The actual value of lost articles. (b) The cost of repairing a damaged article or the cost of replacing a totally damaged article, not exceeding the actual value of the article. When unusual conditions exist, payment may be made, at the discretion of the Postal Service, for the full value of a partially damaged article. The article then becomes United States property and must be surrendered to the postmaster.

(c) The amount collected for a COD article that is not received by the sender.

(d) Death of baby poultry due to physical damage to the package or delay for which the Postal Service is responsible. In the absence of definite evidence showing responsibility for death of baby poultry, the Postal Service will be presumed to be at fault if 10 percent or more of the chicks are dead on delivery,

if delivered with the 60-hour limit, and insurance will be paid for all dead chicks; otherwise the Postal Service will not be presumed to be at fault.

(e) Perishable matter properly prepared for mailing which, due to fault of the Postal Service, is delivered in spoiled or deteriorated condition.

(f) The cost of duplicating valuable papers, or their original cost if they cannot be duplicated. The fee paid to an attorney to obtain duplication of valuable papers and other actual, direct, and necessary expenses may be included.

(g) The extra cost of gift wrapping if the gift wrapped article was enclosed in another container for handling in the insured mail.

(h) The cost of an outer container if specifically designed and constructed for the goods sent as insured mail. This provision does not cover usual shipping containers.

(i) The established market value of numismatic coin, or stamps having philatelic value.

(j) In all claims involving registered and insured mail, and COD mail delivered to the addressee, any Federal, State, or city sales tax paid on articles which were lost or irreparably damaged.

(k) Postage (not fee) paid for transportation of replacement articles or for sending damaged articles for repair. If the Postal Service cannot be used for this purpose, other reasonable transportation charges may be included.

[26 F.R. 11592, Dec. 6, 1961, as amended at 27 F.R. 6979, July 24, 1962, 29 F.R. 11454, Aug. 8, 1964]

§ 54.3 Nonpayable claims.

(a) Payment will not be made in excess of the actual value of the article or in excess of the maximum amount covered by the fee paid.

(b) Payment will not be made when:

(1) The article was not rightfully in the mail. This includes COD and insured articles sent to addressees without their consent, for purposes of sale.

(2) Requests are filed more than 1 year from the date the article was mailed, unless established that the delay was not the fault of the claimant.

(3) Evidence of insurance coverage has not been presented.

(4) The sender failed to state at the time of mailing the full value of a registered article for the purpose of depriving the Postal Service of revenue.

(5) The loss, rifling, or damage occurred after proper delivery by the Postal Service, unless the article was reinsured.

(6) There is only a sentimental value. (7) The loss resulted from delay in delivery of a registered article.

(8) The claim is for some consequential loss rather than for the article itself. (9) The matter froze, melted, spoiled, or deteriorated due to atmospheric temperature.

(10) The parcel could not have reached the addressee in good condition in the ordinary course of the mail.

(11) The damage consists of abrasion, scarring, or scraping of suitcases, handbags, and similar containers which were not packed for protection.

(12) Death of baby poultry was due to shipment to points where delivery could not be made within 60 hours from the time of hatch, or to extremes of temperature in the ordinary course of handling.

(13) The death of honeybees and harmless live animals was not due to fault of the Postal Service.

(14) Fragile-type phonograph records are damaged.

(15) Undamaged returned insured and COD mail refused by sender.

[26 F.R. 11593, Dec. 6, 1961, as amended at 27 F.R. 6979, July 24, 1962, 30 F.R. 11719, Sept. 14, 1965]

51-077-6613

Claims do not have to be filed at the office of mailing or at the office of address.

(c) Who may file. Forms 565 and 3812 may be filed by the mailer or by the addressee.

(d) Waiting period before filing claims. Claims may not be filed before a reasonable time has been allowed for the addressee to have received the article, taking into account that if the mail could not be delivered immediately on arrival, it may have been held at the post office of address for varying periods before return. These retention periods are governed by the sender's instructions on the article. If no retention period was stated on the mail, the following periods, plus transportation time, must be observed before claim is filed: (1) Registered mail.. (2) Insured mail.. (3) COD mail..

10 days. 15 days. 30 days.

(e) Information required with claim(1) Evidence of insurance. Evidence that the mail was registered, insured, or sent COD must be submitted with POD Form 3812 or Form 565. This evidence is either:

(i) The receipt issued at the time of mailing an exact copy thereof made by any of the various photographic processes, or a notarized copy of the original;

or

(ii) The wrapper or envelope of the article bearing names and addresses of sender and addressee and the endorsement that the mail was sent registered, insured, or COD.

(2) Statement of value. The claimant must make a definite statement on Form 3812 showing the actual value of lost or irreparably damaged articles, or the cost of repairing partially damaged articles. Allowance must be made for any depreciation due to age or wear or for repairs needed at time of shipment. Statements of the value of lost or completely damaged articles should be supported by receipted bills or invoices where practicable. In the case of articles which can be repaired, a receipted bill for repairs already made, or an estimate of the cost of repairs obtained from a reliable repairman, must accompany the claim.

NOTE: Inquiries and claims for registered and insured military mail.

Where to file. Claims and inquiries for military mail may be filed at any post office. If filed at the office of address, the addressee

must be able to furnish enough information for a proper search of the delivery records or for the institution of a claim for insurance.

When to file articles mailed in and addressed for delivery in Continental United States. Inquiries or claims for registered or insured mail may be filed by the sender when he has received information that the addressee did not receive the article after a reasonable time, or if the sender is unable to obtain any information.

When to file articles mailed to or from Post Offices outside the Continental United States. Inquiries or claims for registered or insured mail addressed to or from a military post office, including mail to or from naval vessels, may be filed by the sender after 1 month has elapsed from the dates of mailing of articles sent as airmail or 75 days from dates of mailing of articles sent as surface mail.

In

Forms to be used in United States. quiries for registered mail and all insured mail mailed in and addressed for delivery within the continental United States must be made on Form 1510, "Inquiry for the Loss or Rifling of Mail Matter."

Forms to be used outside the United States. Inquiries for registered mail and all insured mail mailed to or from military post offices outside the continental United States, or to or from naval vessels, must be made on Form 565, "Application for Indemnity for Registered Mail," for registered mail and on Form 3812, "Request for Payment of Postal Insurance (Domestic),” for insured mail. Make an index record of these inquiries on Form 3841, "Post Office Record of Claim," or Form 3819, "Follow Up On Patron Claim," for follow-up purposes. Postmasters at third- and fourth-class post offices, and military post offices overseas or on board a naval vessel, should requisition a small supply of Form 565, if necessary.

Financial responsibility. The financial responsibility of the Post Office Department ceases when registered or insured mail is delivered to authorized unit mail clerks, Navy mail orderlies, the addressees, or their authorized representatives.

(3) Substantiating amount claimed. The Postal Service will not undertake to obtain estimates of the value of items for which claim is made, estimates of repair costs, or direct that repairs be made. It is the responsibility of the claimant to substantiate the amount claimed.

(39 U.S.C. 505, 712, 2403, 5001) [26 F.R. 11593, Dec. 6, 1961, as amended at 29 F.R. 10454, Aug. 8, 1964, 30 F.R. 2761, Mar. 4, 1965, 30 F.R. 11789, Sept. 14, 1965]

§ 54.5 Articles recovered after payment.

When a lost registered, insured or COD article is recovered, the payee may ac

(a) Registered mail. Postal indemnity is not provided for articles sent as registered mail under frank, penalty label, or the "Postage and Fees Paid" indicia. Postal indemnity coverage is provided, within the limit fixed for the fee paid, for official mail on which the registry fee has been paid by stamps affixed, subject to limitations of the Government Losses in Shipment Act administered by the Treasury Department.

(b) Insured mail. Postal indemnity is provided, up to the maximum of $200, for the value of an article properly sent as insured mail under penalty label of a government agency, under the "Postage and Fees Paid" indicia, or with stamps affixed to cover the postal charges. Government agencies must comply with postal regulations relating to establishing value of goods lost or damaged in the insured mail. Agencies should refrain from requesting postal indemnity when trivial amounts are involved which would probably be less than the cost of processing and paying a claim.

(c) Ownership of goods. Goods involved in a claim need not be owned by the government agency for a claim to be payable. Either the agency or the owner, as designated by the agency, may be named to receive any indemnity payable.

[29 F.R. 11454, Aug. 8, 1964]

obtained upon delivery of the mail to the addressee. The fee paid for certificates of mailing does not insure the article against loss or damage.

[26 F.R. 11593, Dec. 6, 1961]

§ 55.2 Fees.

(a) Individual pieces.

Original certificate of mailing for individually listed pieces of all classes of ordinary mail: 5 cents for each piece of mail described.

Each additional copy of original certificate of mailing or original mailing receipt for registered, insured, certified and COD mail: 2 cents for each piece of mail described.

(b) Bulk pieces. Identical pieces of first and third class mail paid with ordinary stamps, precanceled stamps, or with meter stamps are subject to the following fees:

Up to 1,000 pieces (1 certificate for total number)

Cents

25

The

(2) Patrons of rural routes may deliver mail to the rural carrier together with the fee for the certificate. carrier will obtain the certificate at the post office, attach the stamps, cancel them by postmark, and deliver the certificate to the sender on his next trip.

(b) Individual certificates. Form 3817, Certificates of mailing, is used for an individual certificate for ordinary mail of any class. Forms specially printed at the mailer's expense may be used also.

(c) Firm mailing books. Firm mailing books, Forms 3877, "Firm Mailing Book for Registered, Registered COD, and Certified Mail," or 3877-A "Firm Mailing Book for Insured, COD, and Certified Mail," or forms printed at the mailer's expense may be used for certificates

for three or more pieces of mail of any class presented at one time.

(d) Bulk mailings. Form 3606, Sender's Statement and Certificates of Bulk Mailing, is used to issue certificates that a specified number of pieces have been mailed. These certificates are furnished only for mailings of identical pieces of first and third class matter paid with ordinary stamps, precanceled stamps, or meter stamps. A certificate will not be issued for bulk mailings paid with permit imprints. See 34.5(e) of this chapter.

(e) Quantity mailings. When the number of articles ordinarily presented justifies such action, mailers will be required to comply with the following:

(1) When individual certificates on Form 3817 are desired, the forms must either be fixed by the stub to the articles or the forms must be consecutively numbered and fastened together. If the certificates are numbered, the articles also should be lightly numbered at a uniform place to permit relating the parcels and certificates.

(2) When the articles are descriptively listed on firm mailing sheets or on special approved forms, they should, if practicable, be presented in the order in which they are entered on the sheets; otherwise, each entry must be consecutively numbered by the mailer, and the articles must be lightly numbered to show the sheet and line number on which they are described.

[26 F.R. 11593, Dec. 6, 1961, as amended at 27 F.R. 4836, May 23, 1962]

§ 55.4 Additional certificates after mail. ing.

To obtain an additional certificate after mailing the sender must present the original certificate and an additional certificate endorsed "duplicate" or "copy" showing the original dates of mailing. The additional certificate will be postmarked to show the current date. [26 F.R. 11594, Dec. 6, 1961]

§ 55.5 Payment and certification.

Mailers must fix uncanceled stamps or meter stamps to cover the fee for certificates of mailing. The stamps will be canceled by the postmark of the mailing office. Signatures or initials of accepting employees are not required on Form 3817. The postmark shows the genuine