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

(1) 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 shall be handled as follows:

(i) First-class mail, including airmail, bearing a return address shall 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 § 158.5 of this chapter.

(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.

[26 F.R. 11570, Dec. 6, 1961, as amended at 27 F.R. 2687, Mar. 22, 1962; 30 F.R. 6436, May 8, 1965; 31 F.R. 11102, Aug. 20, 1966. Redesignated at 31 F.R. 15350, Dec. 8, 1966] § 147.2

Refunds.

(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 (Application and Voucher for Refund of Postage and Fees), in duplicate, to the postmaster together with the envelope or wrapper, or the portion thereof having names and addresses of sender and addressee, canceled postage and postal markings, or other evidence of payment of the amount of postage and fees for which refund is desired.

(1)

(c) Amount of refund allowable. Refund of 100 percent will be made: (1) 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 Service, including fire in letter box, 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. 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 office 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 effort was made to deliver.

[26 F.R. 11570, Dec. 6, 1961, as amended at 28 FR. 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 PREPAYMENT

§ 149.1 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. (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]

Sec.

151.1

151.2

151.3

PART 151-SERVICE IN POST

OFFICES

Establishment of post offices.
Hours of business.

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.

§ 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 service 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] § 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.

(6) Veterans' Day, November 11. (7) Thanksgiving Day, fourth Thursday in November.

(8) Christmas, December 25.

(9) Other days set aside by the President as holidays.

§ 151.3 Post office boxes.

(a) Purpose of boxes. Post office boxes and drawers are for the convenlence 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-(1) Applications. The patron must submit Form 1093, "Application for Post Office Box," to the postmaster at the post office where the box is located. This form may be obtained from local postmaster. 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.

(2) Known applicant. A box will be assigned immediately to a known qualified applicant upon submission of an application and payment of rent.

(3) Unknown applicant. Applications from unknown applicants must be treated as follows:

(i) The applicant must present his driver's license, military identification card, or other identification document.

Call boxes

(ii) Postmasters will verify that the applicant resides or conducts business at the addresses shown, and that the applicant is served by the telephone number shown.

(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 lockboxes at main post offices.

Group A. Post offices offering city delivery service and with the position of the postmaster ranked in salary level 17, 18, 19, or 20.

Group B. Post offices offering city delivery service and with the position of the postmaster ranked in salary level 15 or 16.

Group C. Post offices offering city delivery service and with the position of the postmaster ranked in salary level 13 or 14.

Group D. Post offices offering city delivery service and with the position of the postmaster ranked in salary levels 11 or 12.

Group E. Post offices offering city delivery service and with the position of the postmaster ranked in salary levels 8, 9, or 10.

Group F. Post offices not offering city delivery service and with the position of the postmaster ranked in salary levels 9, 10, or above.

Group G. Post offices not offering city delivery service and with the position of the postmaster ranked in salary level 8.

Group H. Post offices not offering city delivery service and with the position of the postmaster ranked in salary levels 6 or 7. Group I. All fourth-class post offices.

(ii) Schedule. The quarterly box rent schedule for main post offices is as follows:

Rate per quarter

Lock boxes and drawers