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(4) Unusual arrangements for which the Regional Postmaster General has obtained approval from the Office of Rates and Classification, Finance Department. § 145.9 Experimental negotiated procedures.

Notwithstanding any other provision of the regulations of the Postal Service, the Mail Classification Division may authorize contracts with individual mailers to provide for experimental methods of paying postage whenever the adoption of such methods would be in the best interests of the Postal Service. Such contracts may provide for surcharges to cover damages suffered by the Postal Service from the incorrect payment of postage.

(39 U.S.C. 401(3), 404(2), 2008 (c)) [38 F.R. 6894, Mar. 14, 1973]

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146.2 Mailable matter found in private mail boxes without prepayment postage.

146.3

Collection of postage due. 146.4 When not to collect.

AUTHORITY: The provisions of this Part 146 issued under 39 U.S.C. 401.

SOURCE: The provisions of this Part 146 appear at 35 F.R. 19454, Dec. 23, 1970, unless otherwise noted.

§ 146.1 Postage payment.

(a) Prepayment required. Postage on all mail must be fully prepaid at the time of mailing, with the following exceptions:

(1) Business reply mail, see § 131.2(c). (2) Federal Government and free mail, see Part 137.

(3) Certain mail for the blind, see Part 138.

(4) Mail sent by members of the Armed Forces, see § 131.5.

(5) Letters and printed matter carried or delivered by vessels not regularly employed in carrying mail, see § 131.6.

(6) Keys and identification devices returned to owners, see § 134.1(c).

(b) Insufficient prepayment. (1) Mail of any class, including that for which special services is indicated (except registered mail-see § 161.3(a)), received at either the office of mailing or office of address without any postage or without sufficient postage will be:

(i) Marked to show the total deficiency of postage and fees.

(ii) Dispatched promptly to the addressee by means of the regular or special service indicated.

(iii) Delivered to addressee on payment of the charges marked on the mail. As an exception, when quantity mailings of 10 or more pieces are received at the office of mailing without any postage or without sufficient postage, the mailer will be notified, without charge, preferably by telephone, in order that the postage charges may be adjusted before the mail is dispatched.

(2) When the addressee refuses to pay the deficient postage, and when the mail is undeliverable for any other reason, it will be handled as follows:

(i) First-class mail, including airmail, bearing a return address will be returned to the sender and delivered on payment by him of the deficient postage.

(ii) Mail other than first-class bearing a return address will be returned to the sender and delivered on payment by him of the total of the deficient postage, the forwarding postage, if any, and the return postage.

(iii) All mail that does not bear a return address will be disposed of in accordance with 159.4.

(c) Postage on mail insufficiently prepaid. Postage stamps stuck to mail are canceled when the mail is first received in the post office. Postage stamps or meter stamps originally affixed to insufficiently prepaid mail will, when it is again presented for mailing, be accepted in payment of postage to the amount of their face value.

§ 146.2 Mailable matter found in private mail boxes without prepayment of postage.

(a) Penalty. Whoever knowingly and willfully deposits any mailable matter such as statements of account, circulars, sale bills, or other like matter, on which no postage has been paid, in any letterbox established, approved, or accepted by the Postmaster General for the receipt or delivery of mail matter on any route with intent to avoid payment of lawful postage thereon, shall for each such offense be fined not more than $300.

(b) Collection of postage. Matter found in private mail boxes provided for the receipt of mail matter shall be treated as subject to postage. If the person or firm responsible for improperly depositing matter in mail receptacles, is known

and is within the delivery area of the post office, the local postmaster shall make demand for the total postage chargeable on all pieces. The postmaster shall also inform the person or firm that the practice is a violation of the law. An equivalent amount of postage due stamps affixed to a sheet of paper and properly canceled as a receipt for money collected shall be given the person or firm. If payment is in form of uncanceled stamps or meter stamps, they will be affixed to a sheet, canceled and returned as a receipt for payment. No other receipt will be issued.

(c) Report to other office. If the person or firm using private mail boxes improperly is located at another post office, send a sample piece with a report of the facts to the postmaster at that location with request that he take the action in § 146.2(b).

§ 146.3 Collection of postage due.

(a) Upon delivery. Postage due mail is collected in cash only, prior to delivery to addressee. Exception: Postage on quantity mailings found in private mail boxes is collected as required in § 146.2(b).

(b) By advance deposit. If postagedue collections amount to approximately $10 or more every 60 days, payment may be made by advance deposits of money. § 146.4 When not to collect.

(a) Stamps lost off mail. When it is apparent from the impression of a canceling stamp that a postage stamp has been wholly or partially lost, handle the piece as prepaid one full rate only.

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value, provided mistake is discovered within 48 hours from time of purchase.

(c) Unserviceable and spoiled envelopes or cards and unused precanceled stamps. Unserviceable and spoiled stamped envelopes or postal cards, if uncanceled, and unused precanceled stamps and postal cards, may be exchanged for other postage-stamped paper as follows:

(1) Stamped envelopes (mutilated no more than is necessary to remove contents), for postage value plus value of postage added as a result of rate increase or for additional service.

(2) Unmutilated aerogrammes (airletter sheets), for postage value less 1 cent for each aerogramme redeemed.

(3) Unmutilated single and double postal cards, for 85 percent of postage value plus full value of postage added as a result of rate increase or for additional service.

(i) Either half of a double postal card may be redeemed if the double card has been printed and cut for use as single cards.

(ii) Unused double postal cards printed for reply purposes should not be separated; however, if they have been separated in error. and the purchaser presents both halves, the cards may be redeemed.

(iii) Reply halves of double postal cards that have been returned to sender outside of the mails are not redeemable by the original purchaser even though the reply half received no postal service.

(4) Sheet postal cards spoiled in the process of cutting to size, for 85 percent of postage value plus full value of postage added as a result of rate increase or for additional service, if all cut sections are submitted.

(5) Stamps affixed to commercial envelopes and post cards, for 90 percent of postage value. Envelopes and post cards must be in a substantially whole condition and in lots of at least 50 of the same denomination and value.

(6) Unused precanceled stamps in full coils or in full sheets redeemed from precanceled permit holders, for 90 percent of postage value.

Stamped envelopes or

aerogrammes (air-letter sheets) with a printed return address and postal cards with any printed matter of the purchaser, may be exchanged only by the purchaser. If there is no purchaser's printing, they may be exchanged by any responsible person. When redemption cannot be made at

time of presentation, the postmaster will furnish a receipt on Form 3210 for uncanceled unserviceable or spoiled envelopes or postal cards or for unused precanceled stamps left in his custody.

(d) Nonexchangeable. The following are nonexchangeable:

(1) Adhesive stamps, unless mistakes were made in purchasing or stamps were defective or stamps were affixed to commercial envelopes and post cards.

(2) Stamps cut from postal cards, stamped envelopes, or aerogrammes (airletter sheets).

(3) Parts and pieces of postal cards. (4) Postal cards, stamped envelopes, and aerogrammes received for reply purposes.

(5) Mutilated and defaced stamps. 135 F.R. 19455, Dec. 23, 1970]

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(a) Conditions that justify refund. (1) When postage or special service fees have been paid on mail for which no service is rendered, or collected in excess of the lawful rate, a refund may be made.

(2) The Postal Service is considered to be at fault and no service is rendered in cases involving returned articles improperly accepted in both domestic and international services because of excess size or weight.

(3) Mailers who customarily weigh and rate their mail are expected to be familiar with basic requirements and the Postal Service is not considered to be at fault when these mailers are required to withdraw articles from the mail prior to dispatch.

(4) See paragraphs (c) (2) and (f) of this section for special provisions for refunding the postage value of unused meter stamps.

(b) Application. Submit an application on Form 3533, in duplicate, to the postmaster together with the envelope or wrapper, or the portion thereof having names and addresses of sender addressee, canceled postage and postal markings, or other evidence of payment of the amount of postage and fees for which refund is desired.

(c) Amount of refund allowable. (1) Refund of 100 percent will be made:

(i) When the Postal Service is at fault. (ii) For the excess when postage or fees have been overpaid the lawful rate. (iii) When service to the country of destination has been suspended.

(iv) When postage is fire-scarred while in the custody of the Postal Serv

ice, including fire in letterbox, and the mail is returned to sender without service.

(v) When special delivery stamps are erroneously used in payment of postage, and the mail is returned to the sender without service.

(vi) When fees are paid for special delivery, special handling, and certified mail, and the article fails to receive the special service for which the fee has been paid.

(vii) When surcharges are erroneously collected on domestic registered mail or collected in excess of the proper amount, or represented by stamps affixed to matter not actually accepted for registration.

(viii) For fees paid for return receipts or for restricted delivery when the failure to furnish return receipt or its equivalent, or erroneous delivery, or nondelivery, is due to fault or negligence of Postal Service.

(ix) For annual bulk mailing fee when no bulk mailings of third-class matter are made during the year for which the annual fee has been paid.

(x) When customs clearance and delivery fees are erroneously collected.

(xi) When fees are paid for registry or insurance service on mail addressed to a country to which such services are not available, unless claim for indemnity is made.

(2) Refund of 90 percent shall be made when complete and legible unused meter stamps are submitted within 1 year from the dates appearing in the stamps. See § 147.2(f) of this chapter.

(3) When mail is returned at the request of the sender or for a reason not the fault of the Postal Service, any difference between the amount paid and the appropriate domestic air or surface rate chargeable from mailing office to interception point and return will be refunded.

(4) On articles prepaid at airmail rates but actually transported by surface means, the difference between the postage computed at the airmail and surface rates is refundable. The fact that surface transportation was used must be confirmed.

(d) Unallowable refunds. No refund will be made:

(1) For an application fee to use permit imprints.

(2) For registered, insured, and COD fees after the mail has been accepted by the post office even though it is later withdrawn from the mailing post office.

(e) Meters and meter stamps-(1) Postage adjustments. The postage value of unused units set in a meter surrendered to the post office to be checked out of service may be refunded or, if desired, an equivalent amount will be transferred to another meter used by the same license holder. If the meter is withdrawn from service because of faulty mechanical operation, a final postage adjustment or refund may be withheld pending report of the meter manufacturer of the cause of faulty operation. If the meter is damaged by fire, a refund or transfer of postage will be made only if the registers are legible, or can be reconstructed by the meter manufacturer.

(2) What to submit. (i) Unused meter stamps that are complete and legible, accompanied by an application in duplicate on Form 3533 within 1 year from dates appearing in the stamps, will be considered for refund. Arrange the stamps so that all of one denomination are together.

(ii) If portion of stamp is printed on one envelope or card and remaining portion on another, fasten the two together to show that the two portions represent one stamp.

(iii) Meter stamps printed on labels or tapes which have not been stuck to wrappers or envelopes must be submitted loose.

Sec.

151.1

(iv) Refunds are allowable for stamps on metered reply envelopes only when it is obvious that an incorrect amount of postage was printed thereon.

(v) Submit separately, with statement of facts, envelopes or address portions of wrappers on mail returned to sender from the mailing office marked "No such post office in State named, "Returned for better address," or "Received without contents" indicating no effort to deliver was made.

(3) What not to submit. Do not submit:

(i) Meter reply envelopes or cards paid at the proper rate of postage.

(ii) Meter stamps printed on labels or tape which have been removed from wrappers or envelopes.

(iii) Meter stamps without the name of the post office and State.

(iv) Meter stamps without the date printed on tape. (See § 143.4 (f) of this chapter.)

(v) Meter stamps printed on mail which was dispatched from the mailing post office in regular course and returned to sender as undeliverable, including nixies marked "No such post office in State named."

(vi) Meter stamps on mail addressed for local delivery and returned to sender after directory service was given or effort was made to deliver.

[35 F.R. 19456, Dec. 23, 1970]

COLLECTION AND DELIVERY

PART 151-GENERAL

Private mail receptacles.

151.2 Local ordinances and State laws. AUTHORITY: The provisions of this Part 152 issued under 39 U.S.C. 401.

§ 151.1

Private mail receptacles.

(a) Designation as authorized depository. Every letterbox or other receptacle 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 18 U.S.C. sections 1702, 1705, and 1708.

(b) Use for mail only. Receptacles described in § 151.1(a) shall be used exclusively for mail except as provided in § 156.5 (h). Any mailable matter such as circulars, statements of accounts, sale bills, or other similar pieces deposited in

such receptacles must bear postage at the applicable rate and a proper address. [35 F.R. 19456, Dec. 23, 1970]

§ 151.2 Local ordinances and State laws. Postmasters are expected to report to regional offices any contemplated action by local or State authorities to enact or consider enactment of local ordinances or State laws that would adversely affect operating costs or performance of postal service.

[35 F.R. 19456, Dec. 23, 1970]

PART 152-WHO MAY CARRY
LETTERS

The Postal Service has a monopoly over the transportation of letters for others over post routes. For detailed information, refer to Publication 111, Restrictions on Transportation of Letters. A sender or carrier of matter who has

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153.4

153.5

Separation of mail by sender.
Recall of mail.

153.6 Mail chutes and receiving boxes.

AUTHORITY: The provisions of this Part 153 issued under 39 U.S.C. 401.

SOURCE: The provisions of this Part 153 appear at 35 F.R. 19456, Dec. 23, 1970. § 153.1 Collection times.

Mail is collected in residential and business sections served by city carriers at times to connect with mail dispatches. Mail is also collected in business sections at frequent intervals to keep boxes from becoming overloaded and to provide an even flow of mail to the post office. § 153.2 Ordinary deposit of mail.

(a) Post offices lobbies. Letter drops are provided in lobbies of all post offices for the deposit of mail.

(b) Collection boxes. Collection boxes for the deposit of mail are placed at convenient points in areas served by city carriers; at non-city-delivery offices in front of the post office quarters and in nonpersonnel rural stations and branches.

(c) Rural boxes. Mail on which postage has been paid may be deposited for collection in mailboxes on rural routes.

(d) Vim mailrooms. Mail may be deposited in bundle mail drops where provided. Otherwise, it may be left with the carrier on duty when the VIM call window is open.

§ 153.3

Deposit of mail with employees. The following types of mail may be handed for dispatch to employees on duty in mobile units or transfer offices and at airport mail facilities:

(a) First-class mail. On which postage has been paid.

(b) Medicines and serums. Third- or fourth-class mail, presented by representatives of manufacturers or distribu

tors of medicines or serums, when endorsed: "Emergency-This package has been weighed and bears necessary postage. Any additional postage found to be due is guaranteed by sender." Third- and fourth-class mail, other than that described and mail to be sent registered, insured, or COD, is not mailable with the employees identified above.

§ 153.4 Separation of mail by sender.

Customers having large mailings should separate them into packages marked "Local" and "Out of Town". These labels may be obtained from the post office.

§ 153.5 Recall of mail.

(a) Who may recall mail. Mail deposited in a collection box or post office may be recalled on proper identification by the sender, by the parent or guardian of a minor child, or by the guardian of a person of unsound mind. Submit Form 1509. Sender's Application for Recall of Mail, obtainable at any post office, to the postmaster at the office of mailing. Postmasters at offices of address must comply promptly with recall requests from Federal Government executive departments or their regional offices. The requirement that the application for recall be made through the mailing office does not apply to official mail. File all applications for the recall of mail and related papers at the office of mailing.

(b) Expenses. The mailer must pay all 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

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