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(viil) 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(2) For registered, insured, and COD fees after the mail has been accepted by the post office even though it is later withdrawn from the mailing post office.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. 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 If the meter is withdrawn from service because of faulty mechanical operation, a final postage adjustment or refund may be withheld pending report of the meter manufacturer of the cause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.

(f) Meter stamps—(1) 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.

(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 ofice marked "No such post office in State named,” “Returned for better address,” or “Received without contents,” indicating no effort to deliver was made.

(2) 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 etfort was made to deliver. (26 F.R. 11570, Dec. 6, 1961, as amended at 28 F.R. 4754, May 16, 1963. Redesignated at 31 F.R. 15350, Dec. 8, 1966)

PART 148—REVENUE DEFICIENCIES $ 148.1 Deficiencies developed by audit.

(a) Developed by Postal Inspector audit-(1) Amounts of $100 or less. The postmaster must, upon the request of the inspector, increase the proper revenue account by the amount of the deficiency. If the amount due is not collected at the time of the inspector's request, the postmaster must enter the item in A/C 11919, suspense, and liquidate the item within 30 days by collection from the debtor or with personal funds.

(2) Amounts over $100. The report of the deficiency will first be reviewed by the Classification and Special Services Division. By report on Form 3581, Notice of Revenue Deficiency, the Classification and Special Services Division will notify the proper postal data center of the amount of the revenue deficiency. A Form 813, Statement of Differences, will be issued by the postal data center to the postmaster, accompanied with a copy of Form 3581. When Form 813 is received from the postal data center the postmaster must immediately enter the deficiency in A/C 11935, Audit Difference Due United States, carry the item in A/C 11919, suspense, and take immediate action to collect the amount due from the debtor. If collection is not made within 30 days, the matter must be reported to the regional controller.

(b) Developed by local financial examination or audit. Whenever a revenue deficiency is developed as result of an examination or audit performed in accordance with § 126.6(f) of this chapter, the postmaster must increase the proper revenue account by the amount of the deficiency. If the amount is $100 or less, and not immediately collected, the postmaster must enter the item in A/C 11919, suspense, and liquidate the item within 30 days by collection from the debtor or with personal funds. If the amount is over $100 and collection is not made within 15 days, the matter must be reported to the local inspector in charge. After attention by the inspector, the report of the deficiency will be reviewed by Classification and Special Services Division and handled as provided in paragraph (a) (2) of this section. (5 U.S.C. 301, 39 U.S.C. 501) [33 F.R. 15866, Oct. 26, 1968]

PART 149-MATTER DEPOSITED IN

MAIL BOXES WITHOUT PREPAY

MENT $ 149.1 Mailable matter found in pri

vate 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. (18 U.S.C. 1725.)

(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. See paragraph (a) of this section. 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 making improper use of private mail boxes 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 paragraph (b) of this section.

(d) Repeated violations. If a person or firm continues the improper practice after proper warning, the postmaster shall submit a sample piece and a report of the facts to the postal inspector in charge. (5 U.S.C. 301, 39 U.S.C. 501) (32 F.R. 5686, Apr. 7, 1967)

PART 151-SERVICE IN POST

OFFICES Sec. 151.1 Establishment of post offices. 151.2 Hours of business. 151.3 Post office boxes. 151.4 General delivery. 151.5 Unauthorized use of premises.

AUTHORITY: The provisions of this Part 151 Issued under R.S. 161, as amended, 5 U.S.C. 301, 39 U.S.C. 309, 501, 701, 705, 707, 708, 2209, 6001, 6009.

SOURCE: The provisions of this Part 151 appear at 26 F.R. 11571, Dec. 6, 1961, unless otherwise noted. Redesignated at 31 F.R. 15350, Dec. 8, 1966. 8 151.1 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-(1) Post offices. There is no fixed minimum population requirement for the establishment of an independent post office; however, this factor is given consideration in making a determination. Post offices are established when it is not possible to render adequate and satisfactory service through the post office, station or branch now serving the area, through a new station or branch or by an extension of city, rural or star route delivery. Post offices are not established solely for the purpose of providing community Identity.

(2) Stations. Classified, contract and rural personnel and nonpersonnel stations

are established where needed within the service limits of an independent post office. Units established within the corporate limits of the city, town or village where the main post office is located are designated as "stations."

(3) Branches. Classified, contract and rural personnel and nonpersonnel branches are established within the seryice limits of an independent post office. Units established outside of the corporate limits of the city, town or village where the main post office is located are designated as "branches." Classified and contract branches cannot be established at locations more than 20 miles outside the corporate limits of the city, town or village where the main post office is located and must serve a population of not less than 1,500 persons. The 20mile limitation and 1,500 population requirement does not apply to airports, military installations, rural personnel

and/or nonpersonnel branches. Where the parent post office is located in an unincorporated city, town or community, then all postal units administratively attached to that post office shall be designated as branches.

(c) Procedure. Patrons desiring & post office in their community should communicate with the Assistant Postmaster General, Bureau of Operations, Post Office Department, Washington, D.C., 20260. Requests for an independent post office should include the population to be served and specific information as to why the present postal service is not adequate and satisfactory. Requests for the establishment of classified, contract or rural personnel and/or nonpersonnel stations or branches will be made to the local postmaster who will submit the request with appropriate comments to the Regional Director. (26 F.R. 11571, Dec. 6, 1961, as amended at 31 F.R. 8234, June 11, 1966. Redesignated at 31 F.R. 15350, Dec. 8, 1966) 8 151.2 Hours of business.

(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:

(1) New Year's Day, January 1.

(2) Washington's Birthday, February 22.

(3) Memorial Day, May 30.
(4) Independence Day, July 4.

(5) Labor Day, first Monday in September.

PART 148—REVENUE DEFICIENCIES § 148.1 Deficiencies developed by audit.

(a) Developed by Postal Inspector audit-(1) Amounts of $100 or less. The postmaster must, upon the request of the inspector, increase the proper revenue account by the amount of the deficiency. If the amount due is not collected at the time of the inspector's request, the postmaster must enter the item in A/C 11919, suspense, and liquidate the item within 30 days by collection from the debtor or with personal funds.

(2) Amounts over $100. The report of the deficiency will first be reviewed by the Classification and Special Services Division. By report on Form 3581, Notice of Revenue Deficiency, the Classification and Special Services Division will notify the proper postal data center of the amount of the revenue deficiency. A Form 813, Statement of Differences, will be issued by the postal data center to the postmaster, accompanied with a copy of Form 3581. When Form 813 is received from the postal data center the postmaster must immediately enter the deficiency in A/C 11935, Audit Difference Due United States, carry the item in A/C 11919, suspense, and take immediate action to collect the amount due from the debtor. If collection is not made within 30 days, the matter must be reported to the regional controller.

(b) Developed by local financial examination or audit. Whenever a revenue deficiency is developed as result of an examination or audit performed in accordance with § 126.6(f) of this chapter, the postmaster must increase the proper revenue account by the amount of the deficiency. If the amount is $100 or less, and not immediately collected, the postmaster must enter the item in A/C 11919, suspense, and liquidate the item within 30 days by collection from the debtor or with personal funds. If the amount is over $100 and collection is not made within 15 days, the matter must be reported to the local inspector in charge. After attention by the inspector, the report of the deficiency will be reviewed by Classification and Special Services Division and handled as provided in paragraph (a) (2) of this section. (5 U.S.C. 301, 39 U.S.C. 501) (33 F.R. 15866, Oct. 26, 1968]

PART 149-MATTER DEPOSITED IN

MAIL BOXES WITHOUT PREPAY

MENT § 149.1 Mailable matter found in pri.

vate 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. (18 U.S.C. 1725.)

(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. See paragraph (a) of this section. 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 making improper use of private mail boxes 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 paragraph (b) of this section,

(d) Repeated violations. If a person or firm continues the improper practice after proper warning, the postmaster shall submit a sample piece and a report of the facts to the postal inspector in charge. (5 U.S.C. 301, 39 U.S.C. 501) (32 F.R. 5686, Apr. 7, 1967)

PART 151-SERVICE IN POST and/or nonpersonnel branches. Where OFFICES

the parent post office is located in an

unincorporated city, town or community, Sec. 151.1 Establishment of post offices.

then all postal units administratively at151.2 Hours of business.

tached to that post office shall be desig151.3 Post office boxes.

nated as branches. 151.4 General delivery.

(c) Procedure. Patrons desiring & 151.5 Unauthorized use of premises.

post office in their community should AUTHORITY: The provisions of this Part 151 communicate with the Assistant Postissued under R.S. 161, as amended, 5 U.S.C.

master General, Bureau of Operations, 301, 39 U.S.C. 309, 501, 701, 705, 707, 708, 2209,

Post Office Department, Washington, 6001, 6009.

D.C., 20260. Requests for an independSOURCE: The provisions of this Part 151 ent post office should include the popuappear at 26 F.R. 11571, Dec. 6, 1961, unless lation to be served and specific inforotherwise noted. Redesignated at 81 F.R.

mation as to why the present postal serv15350, Dec. 8, 1966.

ice is not adequate and satisfactory. 8 151.1 Establishment of post offices. Requests for the establishment of classi(a) Where established. Post offices,

fied, contract or rural personnel and/or

nonpersonnel stations or branches will and branches and stations, are established and maintained at such places as

be made to the local postmaster who will

submit the request with appropriate may be deemed necessary for the con

comments to the Regional Director. venience of the postal patrons.

(26 F.R. 11571, Dec. 6, 1961, as amended at (b) Requirements-(1) Post offices.

31 F.R. 8234, June 11, 1966. Redesignated There is no fixed minimum population

at 31 F.R. 15350, Dec. 8, 1966) requirement for the establishment of an independent post office; however, this 8 151.2 Hours of business. factor is given consideration in making (a) Business days. Post offices maina determination. Post offices are estab

tain window service for the delivery of lished when it is not possible to render mail and the sale of stamps every busiadequate and satisfactory service

ness day during the hours when the through the post office, station or branch

principal business houses of the comnow serving the area, through a new sta munity are open. Registry service and tion or branch or by an extension of city, money order service are provided during rural or star route delivery. Post offices the hours the postmaster determines are are not established solely for the purpose in accordance with the needs of the comof providing community identity.

munity. Post offices designated as (2) Stations. Classified, contract and postal-savings depositories provide for rural personnel and nonpersonnel sta the receipt and withdrawal of deposits tions are established where needed every weekday during the hours prewithin the service limits of an independ scribed for the transaction of moneyent post office. Units established within order business. the corporate limits of the city, town or (b) Night service. Post offices are not village where the main post office is lo ordinarily open for business at night. cated are designated as "stations."

Lobbies of some post offices are open at (3) Branches. Classified, contract night to permit the public to deposit and rural personnel and nonpersonnel mail and to obtain mail from lock boxes. branches are established within the sery (c) Holiday service. Post offices are ice limits of an independent post office. kept open on holidays for such time as Units established outside of the corporate may be necessary to meet the reasonable limits of the city, town or village where postal requirements of the public. Spethe main post office is located are desig cial-delivery mail is delivered on holinated as “branches.” Classified and days, but delivery service is not given contract branches cannot be established on letter carrier or rural routes. The at locations more than 20 miles outside following holidays are observed: the corporate limits of the city, town or (1) New Year's Day, January 1. village where the main post office is lo (2) Washington's Birthday, February cated and must serve a population of 22. not less than 1,500 persons. The 20 (3) Memorial Day, May 30. mile limitation and 1,500 population re (4) Independence Day, July 4. quirement does not apply to airports, (5) Labor Day, first Monday in Sepmilitary installations, rural personnel tember.

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