§ 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.

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(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. 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]

§ 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 mail receiving agency, an application on Form 1583, "Application for Delivery of Mail Through Agent", must be signed by the agent and the addressee, and the form must be filed with the postmaster. A duplicate copy of completed Form 1583 must be kept on file by the agency. Arrangements for disposition of mail must be made with the agency by the addressee. When forwarded by the agency, the mail is subject to payment of new postage.

(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 un

married, 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. 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 contro! 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 organization 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.

(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 the 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 Agreement to Assume Responsibility for Registered Mail delivered). If delivery of the registered mail has been restricted by the sender it may not be delivered to

the representative of the hotel or apartment house, but only to the addressee. [26 F.R. 11578, Dec. 6, 1961, as amended at 27 F.R. 9988, Oct. 11, 1962. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

§ 154.7 Conflicting orders by two or more parties for delivery of same mail.

(a) Delivery to receiver. Where persons make conflicting orders for delivery of the same mail, and they are unable to agree among themselves as to which of the parties may receive the mail, the mail may be delivered to a named receiver or third party unanimously agreed to by the disputing parties.

(b) Reference to General Counsel for ruling. Where the disputing parties are unable to select a receiver, each party shall furnish the postmaster all available evidence on which he relies to exercise control over the disputed mail. If after receipt of such evidence the postmaster is still in doubt as to who should receive the mail, the postmaster will submit the case to the Assistant General Counsel, Opinions Division, Office of the General Counsel for a ruling.

(c) Delivery of mail in accordance with court order. When the same mail is claimed by different persons, and a court decides to whom delivery should be made, the mail will be delivered in accordance with the court order.

[26 F.R. 11578, Dec. 6, 1961, as amended at 26 FR. 12125, Dec. 19, 1961. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

§ 154.8 Delivery of packages.

(a) Heavy or bulky packages. Heavy or bulky packages of any class will be delivered as addressed if facilities are available.

(b) Unprotected places. Parcels will not be left on porches, steps, or elsewhere unprotected, except on the written order of the patron or when authorization for such delivery has been placed on the parcel by the mailer.

(c) Multiple-floor buildings. Parcel post, registered, certified, insured, and special-delivery articles will be delivered to the addressee or his authorized agent in person without regard to the floor on which his office or apartment is located.

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Cooperation of patrons is requested, however, in making arrangements for mail to be delivered on the first floor.

(d) Second-attempt delivery. If an ordinary parcel can not be delivered on the carrier's first attempt, a notice will be left at the address indicating that the parcel is being held awaiting call at the post office or carrier delivery station. If the parcel is not called for, a second notice is sent after 5 days. If there is no response within 5 days after the second notice and no retention period is specified by the sender, the parcel will then be treated as an undeliverable article. (See Part 158 of this subchapter.) When a retention period is specified, it is observed up to 30 days after first notice. A second attempt to deliver will be made only if requested by the addressee.

(e) Street-address delivery for box renters. Parcel post mail for patrons residing within the city delivery limits who receive mail through rented boxes will be delivered to a designated street address by carrier upon written request. [26 F.R. 11578, Dec. 6, 1961, as amended at 27 F.R. 6978, July 24, 1962. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

155.5

Out-of-bounds patrons. 155.6 Apartment house receptacles.

AUTHORITY: The provisions of this Part 155 issued under R.S. 161, as amended; 5 U.S.C. 22, 39 U.S.C. 501, 6001, 6003, 6101, 6105, 6106.

SOURCE: The provisions of this Part 155 appear at 26 F.R. 11579, Dec. 6, 1961, unless otherwise noted. Redesignated at 31 F.R. 15350, Dec. 8, 1966.

§ 155.1 Establishing city delivery.

City delivery service may be established at any post office with annual postal receipts of at least $10,000 and having a population of approximately 2,500 living within territory possessing good continuous sidewalks, surfaced streets, house numbers, street signs, and mail receptacles or door slots. The territory must be 50 percent improved with houses. When two or more building lots constitute the grounds of one residence, the plot may be regarded as improved.

§ 155.3

Submission of petitions.

Requests or petitions to establish, change, or extend city delivery service must be made to the local postmaster. No formal petition is required.

§ 155.4 Mail receptacles.

(a) Obligation of patron. Patrons of the carrier-delivery service must provide mail receptacles or door slots. Business houses are not required to provide mail receptacles or door slots if they are open and someone is on hand to receive the mail when the carrier calls. Where an office building is equipped with an elevator, carriers will deliver to individual offices, provided they are open when the carrier arrives. If they will not be open mail receptacles or door slots must be provided.

(b) Door slot specifications. The clear rectangular opening in the outside slot plate must be at least 11⁄2 inches wide, and 7 inches long. The slot must have a flap, hinged at the top if placed horizontally, and hinged on the side away from the hinge side of the door if placed vertically. When a hooded plate is used inside to provide greater privacy, the bottom line of the hooded portion must not be more than 34 inch below the bottom line of the slot in the outside plate, if placed horizontally, or more than 3/4 inch beyond the side line of the slot in the outside plate nearest the hinge edge of the door, if placed vertically. The hood at its greatest projection must not be less than 26 inches beyond the inside face not less than 30 inches above the finish of the door. Door slots must be placed floor line.

§ 155.5 Out-of-bounds patrons.

Patrons located outside city-delivery limits may be given delivery service if they erect boxes on the carrier's regular line of travel. Special delivery, parcel post, insured, certified, COD, and registered mail will be delivered to the residences of out-of-bounds patrons, if the residences are not more than three blocks from the carrier's line of travel, and provided passable walks have been constructed or the street is not impassable; otherwise, a notice will be left in the box requesting that the patron call for the mail. If an ordinary parcel is involved and it can be placed in the box, delivery will be made in that manner. [27 F.R. 6978, July 24, 1962. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

§ 155.6 Apartment house receptacles.

(a) Conditions requiring installation of receptacles. (1) The delivery of mail in apartment houses, family hotels, residential flats, and business flats in residential areas, containing three or more apartments having a common street entrance or common street number, shall be contingent on the installation and maintenance of U.S. Post Office approved mail receptacles, one for each apartment, including resident manager and janitor, unless the management has arranged for the mail to be delivered at the office or desk for distribution by its employees. The cost of receptacles and their installation is paid for by the owner of the building.

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(2) Owners and managers of apartment houses, family hotels, and flats, equipped with old-type apartment house mail receptacles are urged to install upto-date and approved receptacles to assure more adequate protection to the mail of occupants. When these buildings are remodeled to provide additional apartments or when a material change in the location of boxes is made, they shall be equipped with approved receptacles, with full-length doors on verticaltype installations, and a capacity as specified in paragraph (b) (2) of this section.

(3) When new apartments are being erected or existing ones are remodeled, postmasters will inform builders and owners of the requirements of this section and will provide for a suitable inspection to see that receptacles of safe and durable construction are installed in conformity with this section.

(b) Specifications for construction of receptacles-(1) Materials. The receptacles shall be manufactured of material of such strength and thickness as to provide reasonable safety to the mail deposited.

(2) Capacity. Both horizontal- and vertical-type receptacles must be of suffcient capacity to receive long-letter mail 41⁄2 inches in width and certain large and bulky magazines, unrolled as well as rolled, and must be so constructed and of such height or length and capacity that magazines 141⁄2 inches in length and 31⁄2 inches in diameter, if