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:

(1) 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 § 153.6 (e) (2) when it is determined mail chute repairs are necessary to correct obstruction or malfunctions.

(5) Broken glass panels shall be replaced either with tempered glass not less than three-sixteenths of an inch in thickness or heavy sheet or plate glass not less than one-fourth inch in thickness.

(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. Post

masters 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. company's name and address will then be added to the list of authorized manufacturers of mailing chutes and receiving boxes.

The

(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., 364 Bush St., San Francisco, California, 94104; 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; 31 F.R. 7752, June 1, 1966; 31 F.R. 12437, Sept. 20, 1966; 31 F.R. 14835, Nov. 23, 1966. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

§ 153.7 Private mail receptacles.

(a) Designation as authorized depository. Every letter box 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 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 § 156.5 (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.

§ 153.8 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 which would adversely affect operating costs or performance of postal service.

[33 F.R. 18157, Dec. 6, 1968]

The ad

(a) Delivery to addressee. dressee 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. Form 2150, Notice for Prohibitory

Order Against Sender of Pandering Advertisement in the Mails, may be used for this purpose. 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 158 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) Checks issued by the Federal Government. (1) Federal Government checks will be delivered to the addressee, to persons who customarily receive his mail, or to other persons authorized in writing to receive his mail. Delivery will not be made to an attorney, claim agent, or broker even though the addressee requests such delivery unless the check is specifically addressed in care of the attorney, claim agent, or broker.

(2) If convenient, the addressee will be alerted by ringing the bell or knocking on the door. The carrier is not required to await a response.

(3) Delivery will be withheld and the check returned to the sender if it is known that the addressee:

(i) Is deceased.

(ii) Has moved without filing a change of address even though the new address may be known.

(iii) Has reenlisted in the military or naval service.

(iv) Is under guardianship.

(v) Is a widow who has remarried and the check is not addressed to her in her new name.

(e) Checks issued by State and local governments. State and local government checks will be handled in accordance with instructions printed on the

envelopes. Certain of these checks have instructions not to transfer or forward. If undeliverable as addressed, such checks will be returned to the sender immediately.

(f) 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.

(g) 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 § 161.9 (g) of this chapter.

(h) 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; 31 F.R. 5964, Apr. 19, 1966. Redesignated at 31 F.R. 15350, Dec. 8, 1966; 33 F.R. 18157, Dec. 6, 1968]

§ 154.2 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 commercial mail receiving agency, Form 1583, Application for Delivery of Mail Through Agent, must be signed by both the commercial agent and the addressee. The original of the completed Form 1583 must be filed with the postmaster and a duplicate copy of the completed Form 1583 must be kept on file by the commercial agency. The original copy of Form 1583 will be filed without verifying the addresses shown thereon and without obtaining statements from the references given unless the postmaster is specifically requested to do so by the local inspector in charge, or when there is reason to believe the mails will be, or are being, used for unlawful purpose. In consideration of delivery of the mail to the commercial agent, the addressee and the agent are deemed to agree that:

(i) No change of address order will be filed with the post office when the agency relationship is terminated;

(ii) The forwarding of mail intended for the addressee is the responsibility of the agent; and,

(iii) When remailed by the commercial agent, the mail is subject to payment of new postage since delivery is deemed to have been made when the mail was delivered to the commercial agent.

(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, as amended at 32 F.R. 14894, Oct. 27, 1967; 33 F.R. 15866, Oct. 26, 1968. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

§ 154.3 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 control 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. Redesignated at 31 F.R. 15350, Dec. 8, 1966] § 154.4

Delivery to officials or employees of organizations.

(a) Mail directed to officials or employees of a Governmental or private organization at the address of the or

ganization will be delivered to the organization when such mail is claimed both by an officer or employee and by the organization. This also applies to mail addressed in this manner to former officials or employees.

(b) Mail addressed elsewhere to a public or private official by title or to the organization even though marked to the attention of a particular person or title will be delivered to the organization if it so directs.

[27 F.R. 9988, Oct. 11, 1962. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

§ 154.5

Delivery to officials or employees of corporations and unincorporated firms.

(a) Mail addressed to corporations is delivered as addressed or to an authorized agent. In cases where disagreement arises among corporate officers and others connected with the company, the mail is delivered in accordance with the order of the president of the corporation.

(b) Mail addressed to unincorporated firms or partnerships is delivered as addressed so long as the business is being conducted under the same name at the same address despite some members of the firm breaking off relations.

[26 F.R. 11578, Dec. 6, 1961; 31 F.R. 5964, Apr. 19, 1966. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

§ 154.6

Delivery of mail addressed to persons at hotels, institutions, schools, etc.

(a) Mail addressed to patients or inmates at institutions, unless otherwise directed by the addressee, is delivered to the institution authorities, who in turn will deliver the mail to the addressee in accordance with the institution's rules and regulations.

the

(b) Mail addressed to persons at hotels, schools, and similar places, is delivered with the other mail directed to the hotel or school, unless otherwise ordered by the addressee. If addressee is no longer at that address, the mail should be redirected to his current address. If the forwarding address is unknown, the mail should be returned to the post office.

(c) Registered mail addressed to persons at hotels and apartment houses will be delivered to the persons designated by the management of the hotel or apartment house in a written agreement with the Postal Service (Form 3801-A Agree