Chapter 1 Domestic Mail Services 110 General Information 111 Scope 111.1 General. This manual contains the regulations of the United States Postal Service governing its domestic mail services. These regulations include the rates for postage and restrictions on its use, descriptions of the classes of mail and special services and conditions governing their use, requirements for wrapping and mailing, explanations of collection and delivery services, and general provisions concerning the use of postal services and facilities. 111.2 Definition 111.21 Domestic Mail. Domestic mail is mail transmitted within, among, and between the United States; its territories and possessions; the areas comprising the former Canal Zone; Army/Air Force (APO) and Navy (FPO) post offices, except as provided in 115.9; and mail for delivery to the United Nations, New York. The term "territories and possessions" includes: Baker Island Canton Island Caroline Islands Enderbury Island Guam Howland Island Jarvis Island Johnston Island Kingman Reef Manua Island Republic of the Marshall Islands Midway Islands Navassa Island Commonwealth of the Northern Mariana Islands Palau Commonwealth of Puerto Rico Saint Croix Island Saint John Island Saint Thomas Island Samoa (American) Sand Island Swain's Island Trust Territory of the Pacific Virgin Islands (U.S.) Wake Island 111.22 International Mail. Mail addressed to or received from foreign countries is international mail and is governed by the provisions of the International Mail Manual. 111.3 Mailer Responsibilities 111.31 Compliance with Regulations. Notwithstanding any statement contained in this manual or the statements of any employee of the United States Postal Service, the burden rests with the mailer to comply with the prescribed laws and regulations governing domestic mail. 111.32 Payment of Postage. All mailings are accepted based on an examination of the mailing and, where applicable, the accompanying mailing statement prepared by the mailer. The signature of a postal employee on the mailing statement, and the subsequent acceptance of the mailing, do not constitute verified accuracy of that statement, and do not limit the Postal Service's ability to demand proper payment after acceptance when it becomes apparent such payment was not made. 111.4 Applicability of Terms 111.41 Masculine Pronoun. Terms in this manual referring to only one sex, such as the pronoun "he," apply to persons of either sex, unless the context of the usage indicates otherwise. 111.42 Singular Form. Terms in this manual in the singular form also apply to the plural, unless the context of the usage indicates otherwise. 111.43 Postmaster. The term "postmaster" also applies to an officer-in-charge, if the postmaster position is vacant. 111.5 Availability and Distribution 111.51 Postal Service Facilities. Copies of the Domestic Mail Manual (DMM) may be inspected upon request at USPS Headquarters, regional offices, and all domestic post offices, stations, and branches during normal business hours. Regional offices are in Windsor, CT; Philadelphia, PA; Memphis, TN; Chicago, IL; and San Bruno, CA. 111.52 Office of the Federal Register. A copy of the DMM is filed at the Office of the Federal Register, National Archives and Records Administration (for address, see Address List in Appendices). 111.53 Public Subscription. Copies of the DMM may be purchased from the Superintendent of Documents of the U.S. Government Printing Office. A subscription order form appears on the last page of this document. 111.54 Revisions. Revisions to the DMM are frequently published in the Federal Register. 112 Private Express Statutes 112.1 Who May Carry Letters. By a group of laws known as the Private Express Statutes, Congress has generally conferred upon the Postal Service the exclusive right to carry letters for others over post routes. 112.2 Implementing Regulations. The Postal Service's regulations under the Private Express Statutes are published in the Code of Federal Regulations, 39 CFR Parts 310 and 320, as amended from time to time by final rules published in the Federal Register. These regulations take precedence over any inconsistent material in prior rulings and publications of the Postal Service. Copies of the regulations may be obtained from the Postal Service Assistant General Counsel, General Administrative Law Division (for address, see Address List in Appendices). 112.3 General Coverage 112.31 Definition of Letter. For purposes of the Private Express Statutes, a "letter" is defined as a message directed to a specific person or address and recorded in or on a tangible object. A "message" consists of any information or intelligence which can be recorded on tangible objects including, but not limited to, paper in sheet or card form, recording disks, and magnetic tapes. 112.32 Exclusions. Certain matter is excluded from the definition of the term "letter," such as telegrams; checks and certain other instruments when shipped to, from, or between financial institutions; newspapers; and periodicals. Other exclusions are described in the regulations. 112.33 Payment of Postage. If the proper postage is paid, the letters may be privately carried without violating the Private Express Statutes. The details to be complied with in cases of this kind are outlined in the regulations. 112.34 Exceptions. Under certain circumstances, letters may be carried privately and without paying postage. The principal exceptions cover letters sent with, and relate in all substantial respects to, some part of the cargo or to the ordering, shipping, or delivering of the cargo; letters carried by the senders or the recipients, or by their regular salaried employees; and letters carried to or from a postal facility where they are to be or have been carried in the mail. Details concerning these and other exceptions are found in the regulations. 112.35 Suspensions. Limited suspensions of the Private Express Statutes specify the conditions under which (a) private couriers may carry data-processing materials, international ocean carrier documents, extremely urgent letters, and advertisements that are incidental to the shipment of accompanying merchandise or periodicals, and (b) universities and colleges may carry the letters of their student and faculty organizations. Carriers wishing to use the suspension for data-processing materials must file a notice of their intention on a form obtainable from the Private Express Liaison Officer. The details of the suspension are set out in Postal Service regulations (see 112.2). The form can be obtained from the Postal Service Private Express Liaison Officer, Marketing Department (for address, see Address List in Appendices). 112.4 Violations. Possible violations of the Private Express Statutes should be brought to the attention of the Inspection Service. 112.5 Advice on the Meaning of Private Express Statutes and Regulations. Members of the public and postal officials may obtain authoritative advice, including written advisory opinions, by contacting the Postal Service Law Department (for address, see Address List in Appendices). 113 Service in Post Offices 113.1 Establishment of Post Offices 113.11 Where Established. Post offices, and branches and stations, are established and maintained at locations considered necessary for the convenience of the postal customer. 113.12 Requirements 113.121 Post Offices. Post offices are established when the Postal Service cannot give adequate service through the post office, station, or branch serving the area; through a new station or branch; or by an extension of city, rural, or highway contract route delivery. While there is no fixed minimum population requirement for the establishment of an independent post office, this factor is considered. Post offices are not established solely for community identity. 113.122 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. 113.123 Branches. Classified, contract, and rural personnel and nonpersonnel branches are established where needed within the service limits of an independent post office. Units established outside the corporate limits of the city, town, or village where the main post office is located are designated as branches. If the parent post office is located in an unincorporated city, town, village, or community, all postal units administratively attached to the post office are designated as branches. 113.2 Discontinuance of Post Offices 113.21 Introduction 113.211 Coverage. This part establishes the rules governing the Postal Service's consideration of whether an existing post office should be discontinued. The rules cover any proposal to replace a post office with a community post office, station, or branch through consolidation with another post office, as well as any proposal to discontinue a post office without providing a replacement facility. 113.212 Requirements of Law. Under 39 United States Code (USC) 404(b), any decision to close or consolidate a post office must be based on certain specific criteria. These include the effect on the community served; the effect on employees of the post office; compliance with Government policy established by law that the Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining; the economic savings to the Postal Service; and any other factors determined to be necessary by the Postal Service. In addition, certain mandatory procedures apply. a. The public must be given 60 days' notice of a proposed action in order to enable the persons served by a post office to evaluate the proposal and provide comments. b. Any final determination to close or consolidate a post office, after public comments are received and taken into account, must be made in writing and must include findings covering all the required considerations. c. The written determination must be made available to the persons served by the office at least 60 days before the discontinuance takes effect. d. Within the first 30 days after the written determination is made available, any person regularly served by the affected post office may appeal the decision to the Postal Rate Commission. e. The Commission may only affirm the determination of the Postal Service or return the matter for further consideration but may not modify the determination. f. The Commission is required by 39 USC 404(b)(5) to make a determination on the appeal no later than 120 days after receiving the appeal. g. A summary table of the notice and appeal periods under the statute or these regulations appears in Exhibit 113.212. Table for DMM 113.212 #T101= TABC,1,5,108/TABC,2,118,103 ] for HR5 for HR6 PUBLIC NOTICE OF PROPOSAL 60-Day Comment Period As Long As Needed For Consideration of Comments and Internal Review PUBLIC NOTICE OF FINAL DECISION 30 Days For Filing AnyAt Least Appeal60-Day Wait Before Closing Post Office 120 Days For Appeal Consideration and Decision Exhibit 113.212] Exhibit 113.212 PUBLIC NOTICE OF PROPOSAL 60-DAY COMMENT PERIOD AS LONG AS NEEDED FOR CONSIDERATION OF COMMENTS AND INTERNAL REVIEW PUBLIC NOTICE OF FINAL DECISION 30 DAYS FOR FILING ANY APPEAL AT LEAST 60-DAY WAIT BEFORE CLOSING POST OFFICE 120 DAYS FOR APPEAL CONSIDERATION AND DECISION 113.213 Additional Requirements. Section 113.2 includes a. rules to ensure that the community's identity as a postal address will be preserved, and b. rules for consideration of a proposed discontinuance and for its implementation, if approved. These rules are designed to ensure that the reasons which lead a field division general manager/postmaster to propose the discontinuance of a particular post office are fully articulated and disclosed at a stage that will enable customer participation to make a helpful contribution toward the final decision. 113.22 Preservation of Community Address 113.221 Policy. The Postal Service permits the use of a community's separate address to the extent practicable. 113.222 Assignment of ZIP Code. The ZIP Code for each address formerly served from the discontinued post office ordinarily should be the ZIP Code of the facility providing replacement service to that address. In appropriate circumstances, the ZIP Code originally assigned to the discontinued post office may be retained, if the responsible field division general manager/postmaster submits a request with justification to the Office of Address Information Systems, Headquarters, before the proposal to discontinue the post office is posted. a. In the case of a consolidation, the ZIP Code provided for the replacement community post office, station, or branch will be (1) either the ZIP Code originally assigned to the discontinued post office or (2) the ZIP Code of the replacement facility's parent post office, whichever provides the most expeditious distribution and delivery of mail addressed to the customers of the replacement facility. b. If the ZIP Code is changed and the parent post office is a multi-ZIP Coded office, the ZIP Code must be that of the delivery area within which the facility is located. 113.223 Post Office Name in Address. If all the delivery addresses using the name of the post office to be discontinued are assigned the same ZIP Code, each customer may continue to use the name of the discontinued post office in his address, instead of changing to or adding the name of the post office from which delivery is provided after the discontinuance. 113.224 Name of Facility Established by Consolidation. If a post office to be discontinued is to be consolidated with one or more other post offices by establishing in the place of the discontinued post office, a community post office, classified or contract station, or branch affiliated with another post office involved in the consolidation, the name of the replacement unit will be the same as the name of the discontinued post office. 113.225 List of Discontinued Post Offices. The names of all post offices discontinued after March 14, 1977, are listed in an appropriate manner in Postal Service official directories, such as Publication 65, National Five-Digit ZIP Code and Post Office Directory, for mailing address purposes only, as long as they are used in addresses. The ZIP Codes listed for discontinued offices will be those assigned under 113.2. 113.23 Initial Proposal 113.231 General. If a field division general manager/postmaster believes that the discontinuance of a post office within his responsibility may be warranted, the field division general manager/postmaster a. must apply the standards and procedures in 113.23 and 113.24, b. must investigate the situation, and c. may propose the post office be discontinued. 113.232 Consolidation. The proposed action may include a consolidation of post offices to substitute a community post office or a classified or contract station or branch for the discontinued post office a. if the communities served by two or more post offices are being merged into a single incorporated village, town, or city; or b. if providing a replacement facility is necessary to maintain regular and effective service to the area served by the post office being considered for discontinuance. 113.233 Views of Postmasters. Whether the discontinuance under consideration involves a consolidation or not, the field division general manager/postmaster must a. discuss the matter with the postmaster (or the officer-in-charge, if there is a vacancy in the postmaster position) of the post office being considered for discontinuance, and with the postmaster of any other post office that would be affected by the change; and b. encourage these officials to submit their comments and suggestions in writing to be made part of the record for further consideration and review of the proposal. 113.234 Preparation of Written Proposal. The field division general manager/postmaster must gather and preserve for the record all documentation he uses to assess the proposed change. If the field division general manager/postmaster believes the proposed action is warranted, he must prepare a document titled, "Proposal to (Close) (Consolidate) the (Name) Post Office." This document must provide a description and analysis of the proposal that is sufficient to disclose both to higher management and to the persons served by the affected post office the nature and justification of the proposed changes in service. The written proposal must address each of the following matters in separate sections: a. Responsiveness to Community Postal Needs. The proposal must take into account the policy of the Government, as established by law, that the Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining. The proposal should contrast the services available before and after the proposed change; should describe how the changes respond to the postal needs of the persons served by the post office; and should highlight any particular aspects of service that might be less advantageous to the persons served as well as those that would be more advantageous. b. Effect on Community. The proposal must include an analysis of the effect the proposed discontinuance might have on the community served by the affected post office. The application of the requirements in 113.22 must be discussed and taken into account. c. Effect on Employees. The written proposal must include a summary of the contemplated effect of the proposed change on the postmaster and any supervisors and other employees of the post office proposed for discontinuance. (The field division general manager/postmaster must suggest measures to comply with personnel regulations related to the discontinuance and consolidation of post offices.) d. Economic Savings. The proposal must include an analysis of the economic savings to be gained by the Postal Service from the proposed action, including the cost or savings expected from each of the major factors contributing to the overall estimate. e. Other Factors. The proposal should include an analysis of any other factors that the field division general manager/postmaster determines are necessary to a complete evaluation of the proposed change, to be weighed in favor of, or to be weighed against, the proposed action. f. Summary. The proposal must include a summary that explains why the proposed action is considered necessary, including an assessment of how those factors supporting the need for the proposed change outweigh any negative factors. In taking competing considerations into account, the need to provide regular and effective service must be paramount. g. Notice. The proposal must include the following notice: THIS IS A PROPOSAL. IT IS NOT A FINAL DETERMINATION TO (CLOSE) (CONSOLIDATE) THIS POST OFFICE. (1) If a final determination is made to (close) (consolidate) this post office, after public comments on this proposal are received and taken into account, a notice of that final determination will be posted in this post office. (2) The final determination will contain instructions on how affected customers may appeal that decision to the Postal Rate Commission. Any such appeal must be received by the Commission within 30 days of the posting of the final determination. 113.24 Notice, Public Comment, and Record 113.241 Posting Proposal and Comment Notice. A copy of the written proposal, together with a signed invitation for comments, must be prominently posted in each post office which would be affected. The invitation for comments must a. include a request that interested persons provide written comments within 60 days, to a stated address, offering specific opinions and information, favorable or unfavorable, regarding the potential effect of the proposed change on postal services and on the community; b. indicate that copies of the proposal with attached optional comment forms are available upon request in the affected post offices; and c. provide a name and telephone number to call for further information and questions. 113.242 Proposal and Comment Notice. Exhibit 113.242 is a sample format which may be used for the proposal and comment notice. ] ] HR4 HR5 HR6 ]for Exh. 113.242 UNITED STATES POSTAL SERVICE Proposal to (Close)(Consolidate) the (Name) Post Office and Optional Comment Form Attached is a proposal that we are considering to attempt to provide your community's postal service more economically and efficiently, while also providing regular and effective service. Please read the proposal carefully and then let us have your comments and suggestions. If you choose, you may use the form provided below. Your comments will be carefully considered and will be made part of a public record. If you use the form provided below and need additional room, please attach additional sheets of paper. Return the completed form to by. In considering this proposal, if you have any questions you want to ask a postal official, you may call whose telephone number is . I. Effect on Your Postal Services Please describe any favorable or unfavorable effects which you believe the proposal would have on the regularity or effectiveness of your postal service. II. Effect on Your Community Please describe any favorable or unfavorable effects which you believe the proposal would have on your community. III. Other Comments Please provide any other view or information which you believe the Postal Service should consider in deciding whether to adopt the proposal. (Signature of Postal Customer)(Date) (Mailing Address) (City)(State)(ZIP Code) Exhibit 113.242] Exhibit 113.242 UNITED STATES POSTAL SERVICE Proposal to (Close)(Consolidate) the (Name) Post Office and Optional Comment Form Attached is a proposal that we are considering to attempt to provide your community's postal service more economically and efficiently, while also providing regular and effective service. Please read the proposal carefully and then let us have your comments and suggestions. If you choose, you may use the form provided below. Your comments will be carefully considered and will be made part of a public record. If you use the form provided below and need additional room, please attach additional sheets of paper. Return the completed form to xxxxxxxxxx, by xxxxxxxxxx. In considering this proposal, if you have any questions you want to ask a postal official, you may call xxxxxxxxxx, whose telephone number is xxx-xxxx. 1. Effect on Your Postal Services Please describe any favorable or unfavorable effects which you believe the proposal would have on the regularity or effectiveness of your postal service. II. Effect on Your Community Please describe any favorable or unfavorable effects which you believe the proposal would have on your community. III. Other Comments Please provide any other view of information which you believe the Postal Service should consider in deciding whether to adopt the proposal. ------------------------------------ ---------------------------- (Signature of Postal Customer (Date) ------------------------------------------------------------- (Mailing Address) ------------------------------------------------------------- (City) (State) (ZIP Code) 113.243 Other Steps. In addition to providing notice and inviting comment, the field division general manager/postmaster will take any other steps necessary to ensure that the persons served by the post office affected understand the nature and implications of the proposed action (e.g., meeting with community groups and following up on comments received which seem to be based on incorrect assumptions or information). a. If oral contacts develop views or information not previously documented, whether favorable or unfavorable to the proposal, the field division general manager/postmaster should encourage persons offering the views or information to provide written comments, in order to preserve them for the record. b. As a factor in making his decision, the field division general manager/postmaster may not rely upon communications received from anyone unless submitted in writing for the record. 113.244 Record. The field division general manager/postmaster must maintain as part of the record for his or her consideration and for review by the Senior Assistant Postmaster General, Operations Support Group, all the documentation gathered concerning the proposed change. a. The record must include all information that the field division general manager/postmaster has considered, and the decision must stand on the record. No information or views submitted by customers may be excluded, whether or not it tends to support the proposal. b. The docket number assigned to the proposal must be the ZIP Code of the office proposed for closing or consolidation. c. The record must include a chronological index in which each document contained is identified and numbered as filed. d. As written communications are received in response to the public notice and invitation for comments, they will be included in the record. e. A complete copy of the record must be available for public inspection during normal office hours at the post office proposed for discontinuance or at the post office providing alternative service, if the office to be discontinued was temporarily suspended under 113.3, Emergency Suspension of Service, beginning no later than the date upon which notice is posted and extending through the comment period. f. Copies of documents in the record (except for the proposal and comment form) shall be provided upon request and upon payment of fees prescribed by 352.6 of the Administrative Support Manual (ASM). 113.25 Consideration of Public Comments and Final Local Recommendation 113.251 Analysis of Comments. After waiting not less than 60 days after notice has been posted in accordance with 113.241 the field division general manager/postmaster will prepare an analysis of the public comments received, to aid his or her consideration and for inclusion in the record. If possible, comments subsequently received should also be included in the analysis. The analysis should list and briefly describe each of the points which appear favorable to the proposal and each of the points which appear unfavorable to the proposal, and should identify to the extent possible how many comments support each point listed. 113.252 Reevaluation of Proposal. Upon completion of the analysis, the field division general manager/postmaster will review the proposal and reevaluate all the tentative conclusions previously made in light of the additional information and views received from the public and included in the record. a. Discontinuance Not Warranted. If the field division general manager/postmaster decides not to proceed with the proposed discontinuance, he will post in the post office considered for discontinuance, a notice that the proposed closing or consolidation has been determined not to be warranted. b. Discontinuance Warranted. If the field division general manager/postmaster decides that the proposed discontinuance is justified, the appropriate sections of the proposal will be revised, taking into account the comments received from the public. Upon completing the necessary revisions, the field division general manager/postmaster will (1) forward the revised proposal, together with the entire record, to the Senior Assistant Postmaster General, Operations Support Group, for final review, and (2) attach a certificate that all documents included in the record are originals or true and correct copies. 113.26 Postal Service Decision 113.261 General. The Senior Assistant Postmaster General, Operations Support Group, or an authorized designee shall review the field division general manager/postmaster's proposal. This review, and the decision on the proposal, must be based on and supported by the record developed by the field division general manager/postmaster. At the discretion of the Senior Assistant Postmaster General, the field division general manager/postmaster may be instructed to provide additional information to supplement the record. Each such instruction, and the response, shall be added to the record. The decision on the field division general manager/postmaster's proposal, which shall also be added to the record, may approve or disapprove the proposal, or return it for further action, as set forth below. 113.262 Approval. The Senior Assistant Postmaster General or an authorized designee may approve the field division general manager/postmaster's proposal, with or without making further revisions. If approved, the term "Final Determination" is substituted for "Proposal" in the title. A copy of the Final Determination shall be provided to the field division general manager/postmaster. The Final Determination shall constitute the determination of the Postal Service for the purposes of 39 USC 404(b). Each Final Determination must include the following notices: a. Supporting Materials. Copies of all materials upon which this Final Determination is based are available for public inspection at the (Name) Post Office during normal office hours. b. Appeal Rights. This Final Determination to (close) (consolidate) the (Name) Post Office may be appealed by any person served by that office to the Postal Rate Commission (for address, see Address List in Appendices). Any appeal must be received by the Commission within 30 days of the date this Final Determination was posted. If an appeal is filed, copies of appeal documents prepared by the Postal Rate Commission, or the parties to the appeal, will be made available for public inspection at the (Name) Post Office during normal office hours. 113.263 Disapproval. The Senior Assistant Postmaster General, Operations Group, or an authorized designee may approve the field division general manager/postmaster's proposal and return it and the record to the field division general manager/postmaster with written reasons for disapproval. The field division general manager/postmaster will post a notice that the proposed closing or consolidation has been determined not warranted in each office where notices were posted under 113.2 113.264 Return for Further Action. The Senior Assistant Postmaster General or an authorized designee may return the field division general manager/postmaster's proposal with written instructions to give additional consideration to specific matters in the record, or to obtain additional information. All such instructions should be included in the record. 113.265 Public File. A copy of each Final Determination and a copy of each disapproval of a field division general manager/postmaster's proposal shall be placed on file in the Postal Service Headquarters Library. 113.27 Implementation of Final Determination 113.271 Notice of Final Determination to Discontinue Post Office a. The field division general manager/postmaster will provide notice of the Final Determination by posting a copy prominently in the affected post office or offices. The date of posting shall be noted on the first page of the posted copy as follows: "Date of posting:@@@@@@@@@@@@, 19@@@." The field division general manager/postmaster will notify the Senior Assistant Postmaster General, Operations Support Group, in writing, of the date of posting. b. The field division general manager/postmaster will ensure that a copy of the completed record is made available for public inspection during normal office hours at the post office or offices where the Final Determination is posted, beginning on the posting date and extending for a period of 30 days. c. Copies of documents in the record must be provided upon request and payment of fees prescribed by ASM 352.6. 113.272 Implementation of Determinations Not Appealed. If no appeal is filed pursuant to 39 USC 404(b)(5), the official closing date of the office will be published in the Postal Bulletin, effective the first Saturday 90 days after the Final Determination was posted. A field division general manager/postmaster may request approval of a different date for official discontinuance by including the request with the documents submitted to the Senior Assistant Postmaster General. However, the post office may not be discontinued sooner than 60 days after the notice required by 113.271 is posted. 113.273 Actions during Appeal a. Implementation of Discontinuance. If an appeal is filed, the affected post office may be discontinued, prior to final disposition of the appeal, only by direction of the Senior Assistant Postmaster General, Operations Support Group. However, the post office may not be discontinued sooner than 60 days after the notice required by 113.271 is posted. b. Display of Appeal Documents. The Rate Application Division, Law Department, Headquarters, will provide the field division general manager/postmaster with copies of all pleadings, notices, orders, briefs, and opinions filed in the appeal proceeding. (1) The field division general manager/postmaster will ensure that a copy of each of these documents is prominently displayed and made available for inspection by the public in the post office to be discontinued or, if it has been or is discontinued, in the post office or post offices serving the customers affected. (2) All documents except the Postal Rate Commission's final order and opinion must be displayed until the final order and opinion are issued. The final order and opinion must be displayed for a period of 30 days. 113.274 Actions Following Appeal Decision a. Determination Affirmed. If the Commission dismisses the appeal or affirms the Postal Service's determination, the official closing date of the office will be published in the Postal Bulletin, effective the first Saturday 90 days after the Commission renders its opinion, if not previously implemented under 113.273a. However, the post office may not be discontinued sooner than 60 days after the notice required under 113.271 is posted. b. Determination Returned for Further Consideration. If the Commission returns the matter for further consideration, the Senior Assistant Postmaster General, Operations Support Group, will direct either (1) that notice be provided in accordance with 113.263 that the proposed discontinuance has been determined not to be warranted or (2) that the matter be returned to an appropriate stage under these regulations for further consideration according to such instructions as he may provide. 113.3 Emergency Suspension of Service 113.31 A field division general manager/postmaster may suspend the operations of any post office under his jurisdiction when an emergency or other conditions requires such action. Circumstances which may justify a suspension include but are not limited to a natural disaster, the termination of a lease when other adequate quarters are not available, the lack of qualified personnel to operate the office, severe damage to or destruction of the office, and the lack of adequate measures to safeguard the office or its revenue. The field division general manager/postmaster must provide notice of any suspension by telephone or TWX to the Senior Assistant Postmaster General, Operations Support Group. 113.32 In any such case, if it is proposed to discontinue a suspended post office rather than restore operations, the procedures of 113.2 must be followed. All notices and other documents required to be posted or maintained in the office to be discontinued shall be posted or maintained in the post office or offices temporarily serving the customers of the post office where operations have been suspended. 113.4 Station and Branch Discontinuance 113.41 If a field division general manager/postmaster determines that it is necessary to discontinue the operation of a classified station, classified branch, or contractor-operated community post office administratively attached to a post office, he must provide immediate notice in writing, including the reasons for the proposed discontinuance, to the Senior Assistant Postmaster General, Operations Support Group. 113.42 The Senior Assistant Postmaster General or an authorized designee may approve the proposed discontinuance, or may disapprove it if the reasons given by the field division general manager/postmaster do not appear sufficient to justify the proposed action. No final action on a proposed discontinuance may be taken without the approval of the Senior Assistant Postmaster General. 113.5 Postal Facility Names 113.51 Place Names. The United States Board on Geographic Names approves names for all geographic places and features in the United States. The approved name of any locality can be changed for Federal usage only with concurrence of that Board. 113.52 Post Office Names. A post office should bear the official name of the incorporated city, town, or borough in which located, as shown in its charter. A post office located in an unincorporated place should generally bear the approved name of the principal community served (generally the community in which located) or the approved name of the town or township, if it serves a number of communities within the town or township. 113.53 Request for Changes. A request for a change in the name of a post office should be submitted to the postmaster of the office in question. The postmaster will forward the request to the regional postmaster general for transmittal with a recommendation to the Senior Assistant Postmaster General, Operations Group, for consideration by the Board on Geographic Names. Postmasters should report instances where the name of the post office does not presently conform with the approved name of the community. 113.6 Military Post Offices 113.61 Description. A military post office is a branch of a United States civil post office, operated by the Army, Navy, Air Force, or Marine Corps to serve military personnel aboard ships or overseas. The term includes Army and Air Force post offices (APOs) and Navy and Marine Corps post offices (FPOs). Military post offices provide postal service for military personnel in areas where the United States civil postal service does not operate and in other places where the military situation requires. 113.62 Establishment and Discontinuance. A military post office is established or discontinued only on request of the military department by which it will be operated. These units are authorized and discontinued by the Postal Service and changes are published in the Postal Bulletin. 113.7 Hours of Business 113.71 Nonholiday Weekdays 113.711 Postmasters will provide all window services for 8-1/2 or more hours on nonholiday weekdays, unless otherwise authorized by the field division general manager/postmaster. Window service hours are scheduled to meet the requirements of local postal customers. When additional hours of service are determined by the postmaster to be necessary to fully meet the needs of the community, employee work schedules will be adjusted to provide such service. Postmasters must obtain approval of the next higher management level for any expansion of workhour usage where additional expenses are involved. 113.712 Main post offices and other postal units located in business areas will normally be opened during the hours maintained by that local business community. Stations and branches are not required to be open at the same scheduled hours as main offices, but will adjust hours of window operations to best serve the needs of the customers in the areas where located. Stations and branches serving suburban communities and/or large shopping centers will provide late evening service for the convenience of postal customers, where such service is needed and upon approval of field division general managers/postmasters or their designees. Postmasters are responsible for informing customers of hours of service and will make use of all available means to advertise their business hours. 113.713 Where installation criteria can be met, self-service centers or stamp-vending machines will be installed in lobbies to reduce window transactions for vendible items, and for the convenience of postal customers when window service is not available. Postmasters will inform postal customers of the availability, locations, advantages, and products available from self-service vending equipment and encourage their use. Vending equipment will be kept operable and available for customer use at all times the lobby is open. 113.714 Windows and services will be consolidated so that each window is fully utilized. Windows offering specialized service will be opened only where special conditions warrant and if approved by management sectional center managers or their designees. All such approved specialized windows will also have, as a minimum, stamps and postal stationery available for sale. 113.715 Contract stations or branches will transact specified postal business during normal business hours or during such hours as the postmaster may designate. Contractors may, on their own initiative, conduct postal business during hours in addition to those designated by the postmaster. 113.72 Saturdays. Window service will be provided on Saturdays where there is a demonstrated need. Normally, such service will not exceed 4 hours, and postmasters will secure approval from the next higher management level if additional hours are necessary to meet the needs of postal customers. At financial units which service business areas, or facilities which serve communities where there is a population exodus on weekends, window service may be closed if alternate services at other postal units, contract stations, or self-service postal centers are available. Postmasters will display appropriate signs to inform customers of locations and hours of these alternate services. 113.73 Sundays. Post offices will normally not be opened on Sunday to deliver mail to the general public. Sunday duty schedules shall cover only employees needed to collect and prepare mail for dispatch, to deliver special delivery mail, and to perform incoming mail distribution considered necessary, and to avoid congestion and delays in delivery on Monday. 113.74 Lobby Hours. Lobbies of postal units, including separate box lobbies, may remain open at the postmaster's discretion when no one is on duty, provided customer safety, security provisions, and police protection are adequate. 113.75 Local or State Holidays. Post offices will not be closed solely because of a local or state holiday. Window or other services may be reduced, if warranted by lessened demand. Otherwise, normal levels and types of service will be afforded to customers. 113.76 National Holidays. Post offices are kept open on holidays for such time as necessary to meet reasonable requirements of postal customers. Mail is received, collected, and dispatched in accordance with holiday schedules (see Exhibit 113.76). Incoming mail is distributed to post office boxes at the main office and, generally, to post office boxes at stations and branches. The following holidays are observed by the Postal Service: a. New Year's Day b. Martin Luther King, Jr.'s Birthday c. Washington's Birthday d. Memorial Day e. Independence Day f. Labor Day g. Columbus Day h. Veterans Day i. Thanksgiving Day j. Christmas Day Exhibit 113.76 HOLIDAY SERVICE LEVELS A. HOLIDAYS WIDELY OBSERVED (New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day) Post Window Office Firm Delivery Box Call Collection Busi Resi Special ness dential delivery Friday holiday FridayNoneHolidayNoneNoneNoneHolidayTime Decal schedule schedule SaturdayLimitedNormalNormalNormalNormalNormal Normal SundayNoneNormalNoneNoneNoneNormal None Saturday holiday FridayNormalNormalNormalNormalNormalNormal Normal SaturdayNoneHolidayNoneNoneNoneHolidayTime Decal schedule schedule SundayNoneNormalNoneNoneNoneNormalTime Decal Sunday or Monday holiday SaturdayLimitedNormalNormalNormalNormalNormalNormal SundayNoneNormalNoneNoneNoneNormalNone MondayNoneHolidayNoneNoneNoneHolidayTime Decal(1) schedule schedule Tuesday, Wednesday, or Thursday holiday Preceding DayNormalNormalNormalNormalNormalNormal Normal HolidayNoneHolidayNoneNoneNoneHolidayTime Decal schedule schedule B. HOLIDAYS NOT WIDELY OBSERVED Martin Luther King, Jr.'s Birthday; Washington's Birthday; Columbus Day; Veterans Day Post Window Office Firm Delivery Box Call Collection Busi Resi Special ness dential delivery SaturdayNormalNormalNormalNormalNormalNormal Normal SundayNoneNormalNoneNoneNoneNormal None Monday(2)LimitedSundayLimitedNoneNoneHolidayTime Decal(1) schedule schedule Note: Exceptions to these service levels must be approved by a regional postmaster general. (1) When a holiday is observed on Monday, and no residential collection is scheduled on Sunday, a full residential collection may be provided on the Monday holiday. Consecutive days without collections must be avoided. (2) Veterans Day, November 11, is the only movable holiday in the group of holidays designated as not widely observed; the other three holidays listed in section B are always observed on Mondays. When Veterans Day falls on any day except Sunday, the services provided on that holiday are the same as those shown for Monday. When Veterans Day falls on Sunday, the service levels are the same as those shown for Sunday, but the holiday is observed on Monday by the Postal Service and treated as a Monday holiday. Definition of terms: Normal - Service normally provided on that particular day of the week. Time decal - Collections from boxes with last-pickup-time decals identifying the boxes. Limited - Service adjusted to meet the limited needs of the community on that particular day. 113.8 Bulletin Boards 113.81 General. Postmasters may permit bulletin boards in public areas of post offices, or may set apart some convenient place where official Government notices, notices of public assemblies, judicial sales, official election notices issued by state or local government, and similar announcements may be displayed for the convenience of customers. These display privileges will be afforded without discrimination. 113.82 Prohibited Items. Private business advertisements; placards, cards or notices, photographs, or likenesses of any member of state legislature or Congress; and political pictures, cartoons, or other matter designed to influence an election may not be displayed on bulletin boards established under 113.81. 113.83 Notices by Members of Congress. Notices by members of Congress will be limited to public announcements of pending competitive civil service examinations and pertinent information regarding application for appointment to the U.S. service academies. These notices are displayed only as long as they are current, and only within the district of the sponsoring congressman or the state of the sponsoring senator. Such displays must conform to the following specifications: a. They must be no larger than 9 by 12 inches. b. They must not contain a photograph, picture, or likeness of the member of Congress. c. The signature and/or printed name of the member of Congress must be printed in no larger than 1/2-inch (48-point) type. d. Notices must contain the closing date for submission of applications. Note: If, in the opinion of the postmaster, a notice does not conform to these specifications, he may display the poster pending a decision from the regional postmaster general. Notices which include the member's picture must be returned to the member with an explanation of why they cannot be displayed. 113.84 Recruiting Posters. If space is available, one recruiting notice of each of the armed services may be placed on bulletin boards or displayed on "A" boards supplied by the service. "A" boards may be placed in lobbies or other locations where they will not interfere with the transaction of postal business or cause safety hazards. 113.9 Articles Found in Lobbies or Public Areas Around a Post Office. When articles found in lobbies or in public areas around a post office are turned in to employees, follow these procedures: a. The finder should be asked to complete a Postal Service Routing Slip, Item 0-13, so the article may be returned to the finder if not claimed by the loser within 30 days. b. A complete description of the article should be included on the Routing Slip, together with the finder's name, address, and telephone number. If the name of the finder cannot be obtained or the finder does not want the article or if the article is not claimed by the finder within 30 days after notification that it is available, it must be disposed of in accordance with 159.4. Postal and Government property and money orders must not be returned to the finder and must also be disposed of in accordance with 159.4. c. The Routing Slip must be annotated as to the disposition of the article, date of disposition, and name of the postal employee effecting disposition. Routing slips must be filed for 3 months, then destroyed. The postmaster should exercise due care in treatment of the article to ensure that it is not lost or damaged. #T102= TABL,1,5,106/TABC,2,115,46/TABC,3,163,48/TABC,4,213,48 TABC,5,265,46/TABC,6,315,46/TABC,7,365,46/TABC,8,417,59 ] for HR4 (#CH1=(Z4/FNT3/CM,476,0)A. Holidays Widely Observed(SP,4) THE ABOVE IS THE ORIGINAL CODE SAVE (NEW IA STRING) A. Holidays Widely Observed New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day Delivery WindowPost Office BoxFirm CallBusiness ResidentialSpecial DeliveryCollection FRIDAY HOLIDAY FridayNoneHoliday scheduleNoneNoneNone Holiday scheduleTime Decal SaturdayLimitedNormalNormalNormalNormalNormal Normal SundayNoneNormalNoneNoneNoneNormal None SATURDAY HOLIDAY FridayNormalNormalNormalNormalNormalNormal Normal SaturdayNoneHoliday scheduleNoneNone NoneHoliday scheduleTime Decal SundayNoneNormalNoneNoneNoneNormalTime Decal SUNDAY or MONDAY HOLIDAY SaturdayLimitedNormalNormalNormalNormalNormal Normal SundayNoneNormalNoneNoneNoneNormal None MondayNoneHoliday scheduleNoneNoneNone Holiday scheduleTime Decal1 TUESDAY, WEDNESDAY, or THURSDAY HOLIDAY Preceding DayNormalNormalNormalNormalNormal NormalNormal HolidayNoneHoliday scheduleNoneNoneNone Holiday scheduleTime Decal B. Holidays Not Widely Observed Martin Luther King, Jr.'s Birthday; Washington's Birthday; Columbus Day; and Veterans Day Delivery WindowPost Office BoxFirm CallBusiness ResidentialSpecial DeliveryCollection SaturdayNormalNormalNormalNormalNormalNormal Normal SundayNoneNormalNoneNoneNoneNormal None Monday2LimitedSunday scheduleLimitedNoneNone Holiday scheduleTime Decal1 Note: Exceptions to these service levels must be approved by a regional postmaster general. 1 When a holiday is observed on Monday and no residential collection is scheduled on Sunday, a full residential collection may be provided on the Monday holiday. Consecutive days without collections should be avoided. 2 Veterans Day, November 11, is the only movable holiday in the group of holidays designated as not widely observed; the other three holidays listed in section B are always observed on Mondays. When Veterans Day falls on any day except Sunday, the services provided on that holiday are the same as those shown for Monday. When Veterans Day falls on Sunday, the service levels are the same as those shown for Sunday, but the holiday is observed on Monday by the Postal Service and treated as a Monday holiday. Definition of Terms Normal - Service normally provided on that particular day of the week. Time decal - Collections from boxes with last pickup-time decals identifying the boxes. Limited - Service adjusted to meet the limited needs of a community on that particular day. Exhibit 113.76, Holiday Service Levels] 114 Complaints 114.1 Consumer Complaints 114.11 Complaints by individual customers about any aspect of products, services, or personnel, as well as information requests, may be made at any post office or regional office. In order to assist the general public in filing complaints or requesting information, Form 4314-C is made available for customer use in every post office. Customers may also make complaints by telephone, by letter, or in person. Such complaints must be recorded by postal employees on Form 4314-C. 114.12 When the complaint concerns apparent mishandling of mail, the related envelope, wrapper, or other cover, along with other forms which may have been filed or used, should be furnished with the complaint. 114.13 Although submitting Form 4314-C is recommended as an initial step, any customer may choose to address a complaint directly to the Postal Service Consumer Advocate (for address, see Address List in Appendices). 114.14 Customers who remain dissatisfied with the handling of their complaint at the local or regional level may appeal the matter in writing to the Consumer Advocate (see 114.13). Such an appeal may be required by a court as a legal prerequisite before it will hear a customer's suit against the Postal Service on the issue in dispute. 114.15 The Consumer Advocate directs the Consumer Services Division, which is responsible for the following: a. Representing the individual mail user within the Postal Service. b. Recommending policy changes to improve an individual user's mail service. c. Maintaining liaison with consumer groups. d. Taking expeditious action on customer inquiries and complaints. e. Determining that the responsible office takes corrective action. f. Providing regular reports, based upon Consumer Service Card data, to Headquarters and field management facilities. 114.2 Postal Law Violations. Send information and complaints concerning a possible postal law violation to the Regional Chief Postal Inspector, Management Operations Support Center (MOSC), at the appropriate address listed below: REGIONAL CHIEF POSTAL INSPECTOR MOSC CENTRAL REGION MAIN POST OFFICE BUILDING RM 712 433 W VAN BUREN ST CHICAGO IL 60607-5401 REGIONAL CHIEF POSTAL INSPECTOR MOSC EASTERN REGION 1 BALA CYNWYD PLAZA SUITE E300 BALA CYNWYD PA 19004-9000 REGIONAL CHIEF POSTAL INSPECTOR MOSC NORTHEAST REGION GATEWAY 2 CENTER 8TH FLOOR SOUTH COMMERCE & MCCARTER HIGHWAY NEWARK NJ 07175-0001 REGIONAL CHIEF POSTAL INSPECTOR MOSC SOUTHERN REGION 1407 UNION AVE 10TH FLOOR MEMPHIS TN 38161-0001 REGIONAL CHIEF POSTAL INSPECTOR MOSC WESTERN REGION 850 CHERRY AVE 4TH FLOOR SAN BRUNO CA 94098-0100 115 Mail Security 115.1 Importance of Mail Security. The Postal Service must preserve and protect the security of all mail in its custody from unauthorized opening, inspection, or reading of contents or covers, tampering, delay, or other unauthorized acts. Any postal employee committing or allowing any of these unauthorized acts is subject to administrative discipline or criminal prosecution leading to fine, imprisonment, or both. An employee having a question about proper mail security procedures, which is not clearly and specifically answered by postal regulations or by written direction of the Inspection Service or Law Department, shall resolve the question by protecting the mail in all respects and moving it, or letting it move, without interruption, to its destination. 115.2 Opening, Reading, and Searching Sealed Mail Generally Prohibited 115.21 General. In general, no person may open, read, search, or divulge the contents of mail sealed against inspection, even though such mail may be believed to contain criminal or otherwise nonmailable matter or evidence of the commission of a crime. The only exceptions to this general rule are the following: a. A postal employee in a dead mail office acting in accordance with dead mail regulations in 159. b. A postal employee acting with the consent of the addressee or sender. c. A person executing a search warrant in accordance with 115.6. d. An authorized Customs or Agriculture employee acting in accordance with 115.91 or 115.92. e. A postal inspector acting in accordance with 115.91e. 115.22 Mail Not Sealed Against Inspection. Mail not sealed against inspection may be opened, surrendered, its contents inspected and read, or information concerning it released by an authorized postal employee only under the following conditions: a. Under a search warrant in accordance with 115.6. b. Without a search warrant in order to determine the mailability of the contents or whether the correct postage has been paid. c. As otherwise expressly permitted by postal regulations. 115.23 Definitions 115.231 Mail Sealed against Inspection a. For purposes of this part, the terms "mail sealed against inspection" or "sealed mail" mean mail on which appropriate postage is paid, and which under postal laws and regulations is included within a class of mail maintained by the Postal Service for the transmission of letters sealed against inspection. b. The terms include First-Class Mail, Express Mail (domestic and international), international letter mail (LC Postal Union mail, as defined in the International Mail Manual), and Mailgram messages. c. The terms do not include either incidental First-Class matter permitted to be enclosed in or attached to certain second-, third-, or fourth-class mailings (see 136.4), or international transit mail (see 115.8). d. When sealed mail is part of a mixed class mailing (see 136), the sealed mail component of the combination item shall be treated as sealed mail only if it is contained in its own envelope or other form of sealed container. 115.232 Mail Not Sealed against Inspection a. For purposes of this part, the terms "mail not sealed against inspection" or "unsealed mail" mean mail on which appropriate postage for sealed mail has not been paid, and which under postal laws or regulations is not included within a class of mail maintained by the Postal Service for the transmission of letters sealed against inspection. b. The terms include second-, third-, and fourth-class mail, international parcel post mail, AO Postal Union mail (as defined in the International Mail Manual), and incidental First-Class attachments or enclosures mailed under the provisions of 136.4. c. The terms do not include international transit mail (see 115.8). 115.24 Correspondence Permitted to be Enclosed in Unsealed Mail. The contents of correspondence permitted to be sent by the blind in special or raised characters, or in the form of sound recordings, and by school children at the international printed matter rate, shall not be divulged except to a postal employee acting with the consent of the addressee or sender, or to a person executing a search warrant in accordance with 115.6. 115.3 Permissible Detention of Mail 115.31 Sealed Mail Generally Not Detained. No postal employee may detain mail sealed against inspection (other than dead mail), except under the following conditions: a. A postal inspector acting diligently and without avoidable delay, upon reasonable suspicion, for a brief period of time, to assemble evidence sufficient to satisfy the probable-cause requirement for a search warrant under 115.6, and to apply for, obtain, and execute the warrant. b. A postal inspector acting pursuant to 39 USC 3003 who causes to be withheld from delivery mail which he believes is involved in a scheme described in that statute, provided that prompt written notice is given to the addressee advising him of (1) such action, (2) the reasons therefor, and (3) his right to have such action reviewed pursuant to 39 CFR 964. c. A postal inspector acting pursuant to 39 USC 3004 who causes to be withheld from delivery letters or parcels sent in the mail to places not the residence or regular business address of the person to whom they are intended to enable the person to escape identification, provided that prompt written notice is given to the addressee advising him of (1) such action, (2) the reasons therefor, and (3) his right to have such action reviewed pursuant to 39 CFR 964. d. A postal employee acting in strict accordance with postal regulations (for example, 115.4 or 153.145). e. A postal employee acting under postal regulations with the express consent of the addressee or sender (for example, 152.7 or 153.19). f. A postal employee acting under an order issued under 39 USC 3005, relating to false representations, lotteries, and unlawful matter. g. A postal employee acting under 115.62. h. A postal employee conducting a mail count by direction of his postmaster or a postal inspector. i. A postal employee acting under an order of a Federal court. j. A postal employee, during the period required to seek and obtain instructions under 153.7, concerning mail whose delivery is in dispute, or under 424.1 of the Postal Operations Manual (POM) concerning legal process, other than a search warrant duly issued under Rule 41 of the Federal Rules of Criminal Procedure, purporting to require the surrender of mail matter. 115.32 Unsealed Mail. Mail not sealed against inspection may be delayed or detained for the reasons stated in 115.31, and as otherwise expressly permitted by postal regulations. 115.4 Mail Reasonably Suspected of Being Dangerous to Persons or Property 115.41 Screening of Mail Reasonably Suspected of Being Dangerous. Whenever the Chief Postal Inspector determines that there is a credible threat that certain mail may contain a bomb, explosives, or other material that would endanger life or property, he may, without a search warrant or the consent of the sender or addressee, authorize the screening of such mail by any means which is capable of identifying explosives, or other dangerous contents in the mails, within the limits of this subsection and without opening mail which is sealed against inspection or revealing the contents of correspondence within mail which is sealed against inspection. a. Screening of mail authorized by this subsection shall be limited to the least quantity of mail necessary responsibly to respond to the threat. b. Such screening shall be performed in a manner which does not avoidably delay the screened mail. c. The Chief Postal Inspector may authorize screening of mail by postal employees and by persons not employed by the Postal Service under such instructions that require compliance with this part and protect the security of the mail. No information obtained as a result of such screening may be disclosed except as authorized by this part. d. Mail of insufficient weight to pose a hazard to air or surface transportation and international transit mail shall be excluded from such screening. e. After screening conducted pursuant to this subsection, mail which is reasonably suspected of posing an immediate and substantial danger to life or limb, or an immediate and substantial danger to property, may be treated by postal employees as provided in 115.42. f. After screening, mail sealed against inspection which presents doubts as to whether its contents are hazardous, which cannot be resolved without opening, shall be reported to the Postal Inspection Service. Such mail shall be disposed of in accordance with instructions promptly furnished by the Inspection Service. 115.42 Threatening Pieces of Mail. Mail, sealed or unsealed, reasonably suspected of posing an immediate danger to life or limb or an immediate and substantial danger to property may, without a search warrant, be detained, opened, removed from postal custody, and processed or treated, but only to the extent necessary to determine and eliminate the danger and only if a complete written and sworn statement of the detention, opening, removal or treatment, and the circumstances which prompted it, signed by the person purporting to act under this subsection, is promptly forwarded to the Chief Inspector. 115.43 Reports. Any person purporting to act under this subsection who does not report his action to the Chief Inspector in accordance with the requirements of this subsection, or whose action is determined after investigation not to have been authorized, is subject to disciplinary action or criminal prosecution, or both. 115.5 Disclosure of Information Collected from Mail Sent or Received by Customers. Except as provided in 115.5a through 115.5g, no employee may in the performance of official duties disclose information on the cover of a piece of mail; information from the contents of a piece of mail inspected as authorized; or other information about a piece of mail sent or received by any sender, addressee, or group of senders or addressees. An employee may disclose such information a. to the Postal Inspection Service for its official use, including appropriate reference to law enforcement authorities, when there is a reasonable basis to suspect that such information is evidence of the commission of a crime under state or Federal law, except that information obtained by opening sealed mail in a dead letter office may be used only to determine an address at which the mail can be delivered; b. under ASM 213 regarding mail covers; c. under a search warrant in accordance with 115.6; d. under an order of a Federal court; e. at the request of the sender or addressee, or the authorized agent of either; f. from the covers of mail by films or photocopies of the covers only for the following postal operations: (1) resolving or recording a service complaint when the complaining customer presents the cover as evidence; (2) serving in place of Form 3546 if the film or copy shows nothing but the addressee's prior and current addresses, and does not reveal the sender's name and address, the postmark, or any other information; (3) serving in place of Form 3547 by showing the cover with an address-correction label affixed in reply to a mailer's request for address correction on First-, third-, or fourth-class mail; (4) notifying a mailer of addressing inaccuracies affecting OCR readability, provided that the film or copy is secured in a locked cabinet, then destroyed as soon as the mailer resolves the inaccuracies; (5) facilitating internal postal operations under specific authorization from the Chief Postal Inspector and written instructions from the Records Officer not to disclose the information outside the Postal Service, and to destroy the film or copy after a given retention period; (6) resolving a problem of machine missorting or of miscoded or unreadable OCR mail, provided that the information is disclosed only to the postal employees resolving the problem and that the copy is destroyed immediately after resolution of the problem; (7) resolving a problem that involves Express Mail and is based on a complaint from the sender or addressee, a refund request from the sender, or an internal service report, provided that the information is disclosed only to the postal employees resolving the problem and that the film or copy is destroyed immediately after resolution of the problem; (8) providing information to a Postal Service contractor in the performance of a contract with the Postal Service, but only if disclosure is authorized by the Chief Postal Inspector and use of the information is in strict compliance with contract clause 1-7, Non-Disclosure of Address Information (Appendix B of Publication 41, USPS Procurement Manual); or g. otherwise in accordance with postal regulations, provided that any such information obtained from an inspection of the contents of mail may only be disclosed if the inspection accords with the regulations contained in this part. 115.6 Execution of Search Warrants 115.61 Warrant Issued by Federal Court or Served by Federal Officer a. A search warrant duly issued under Rule 41 of the Federal Rules of Criminal Procedure shall be executed as provided in 115.62. Usually, a warrant issued by a Federal court or served by a Federal officer is issued under Rule 41, and is duly issued if signed and dated within the past 10 days. b. No employee shall permit the execution of a search warrant issued by a state court and served by a state officer. If in doubt, an employee should temporarily detain the mail in question and promptly call a postal inspector for guidance. 115.62 Search Warrant Execution Procedures a. A postal inspector may execute a search warrant. b. A person other than a postal inspector executing a search warrant must be accompanied by a postal employee authorized by the head of the postal installation at which the warrant is to be executed. c. Mail may be taken from postal custody under the authority of a search warrant only if the person executing the warrant leaves a copy of the warrant and a receipt or inventory, made out in the presence of the postal employee accompanying him, which particularly describes each piece of mail taken, including all service endorsements on the cover (such as "Return Receipt Requested") and any official postal identity numbers (such as registry, insurance, or certified mail numbers). The receipt or inventory may be attached to the copy of the warrant or written on the reverse side of the copy of the warrant. d. The installation head or his designee shall (1) make a copy of the receipt or inventory, and of the copy of the warrant, and send them to the inspector-in-charge of the division in which the installation is located, and (2) furnish a report of the seizure of any domestic mail to the addressee's post office and of any seized international mail to the appropriate international claims office. 115.63 Notice to Sender or Addressee. If the cover of domestic mail has been endorsed and stamped to show that the sender has requested and paid for a return receipt, the sender shall be notified of the seizure of the mail under the warrant by an endorsement to that effect on the return receipt or on a duplicate, if the original receipt is taken. The receipt shall be dispatched as soon as possible, unless the officer executing the warrant presents a Federal court order to delay the dispatch. In that event, the dispatch shall be delayed in accordance with the order. 115.7 Cooperation with Federal, State, and Local Agencies for Access to Mail. A postal employee receiving a request from a Federal, state, or local law enforcement, intelligence, or other government agency, for access to, or information about, particular mail matter of any class in the custody of the Postal Service shall refer the request to the Postal Inspection Service, with the explanation that the Inspection Service is responsible for liaison with all government agencies with respect to a request of this kind. No employee of the Inspection Service shall comply with such a request, except as authorized by postal regulations. 115.8 International Transit Mail 115.81 Definitions 115.811 International Transit Mail. As used in this part, the term "international transit mail" applies to mail of foreign origin which is passed by a foreign postal administration to the United States Postal Service for forwarding to a foreign postal administration under a postal treaty or convention. It includes closed mail and a' decouvert letter post items. 115.812 Closed Mail. The term "closed mail" refers to any bag, container, or mail passed to the United States Postal Service by a foreign postal administration, the entire contents of which are required, by applicable postal treaties or conventions, to be passed to a foreign postal administration. 115.813 A' Decouvert Letter Post Item. The term "a' decouvert letter post item" refers to any international letter post item (Postal Union mail, as defined in the International Mail Manual) which is addressed for delivery by a foreign postal administration and is passed to the United States Postal Service by a foreign postal administration in a bag, container, or mail which must be opened by the United States Postal Service in accordance with applicable postal treaties or conventions because it also contains items addressed for delivery by the United States Postal Service. 115.82 Special Security Rules. International transit mail is entitled to freedom of transit. It shall not be opened, seized, or searched. It is not subject to Customs or Agriculture inspection under 115.91 or 115.92. In accordance with the Universal Postal Convention, any international transit mail consisting of closed mail, a' decouvert letter post items, and airmail correspondence, shall not be detained, but shall instead be forwarded to the next foreign postal administration by the quickest routes which the United States Postal Service uses for mail sealed against inspection. 115.9 Mail Security, Law Enforcement, and Other Government Agencies 115.91 Customs Service. Without a search warrant, but upon reasonable cause to suspect that the mail contains dutiable or prohibited items, designated personnel of the U.S. Customs Service may open or inspect the contents of mail in the customs inspection of mail (including APO-FPO mail) which has originated outside the Customs Territory of the United States (CTUS) and is addressed for delivery either inside the CTUS or inside the customs district of the Virgin Islands, on the following terms and conditions: a. Other Regulations. Such inspections may be conducted only in accordance with the International Mail Manual relating to cooperation with the U.S. Customs Service on inspection of imports. b. Virgin Islands. Postal employees in the Virgin Islands may permit designated personnel of the U.S. Customs Service, without a search warrant, to examine the exterior (but not open or read the contents) of sealed mail which has originated in the CTUS and is addressed for delivery in the customs district of the Virgin Islands. Upon the request of such Customs personnel, postal employees in the Virgin Islands may ask the addressee of such sealed mail (which such Customs personnel have reasonable cause to believe contains dutiable or prohibited matter) to authorize such Customs personnel to open and inspect the contents of the sealed mail, or to appear at the post office to accept delivery of the sealed mail in the presence of a Customs official. c. Privacy of Correspondence. No Customs personnel may read, allow any other person to read, divulge, or transfer to any other person any correspondence contained in sealed mail; nor may Customs personnel divulge, allow any other person to read or listen to, transfer to any other person, or knowingly listen to any paper or recording which is correspondence for the blind contained in unsealed mail; nor may Customs personnel divulge, allow any other person to read, or transfer to any person correspondence of school children permitted transmission in unsealed mail, unless such action is authorized by a search warrant issued under Rule 41 of the Federal Rules of Criminal Procedure. d. Search Warrant Required for Domestic and Certain International Mail. No Customs personnel may, without a search warrant, open, inspect, read, or seize any mail in postal custody (including APO and FPO mail) which has not originated outside the CTUS, or which has diplomatic or consular immunity from Customs inspection (see 711 of the International Mail Manual). e. Controlled Delivery of Drugs in Sealed Mail. When a postal inspector decides, upon the request of a Federal, military, state, or local narcotics agent, to make a controlled postal delivery of a sealed mail article which the Customs Service has opened under 115.91, and which the Customs Service has determined through a reliable field test or reliable laboratory examination to contain illegal narcotics or dangerous drugs, the postal inspector may reopen the article without a search warrant. The inspector may reopen the article without a warrant only for the purpose of preparing the article for such a controlled delivery in such way or ways as lawfully and reasonably aid in the investigation of the crime of importing such substances through the mail. No correspondence inside such an article may be read or divulged without a search warrant as described in 115.6. 115.92 Department of Agriculture a. Foreign-Origin Mail. Without a search warrant, but with the written consent of the sender, designated personnel of the U.S. Department of Agriculture (USDA) may open and inspect (but not read) the contents of mail (including APO and FPO mail) which has originated outside the Customs Territory of the United States (CTUS) and is addressed for delivery inside the CTUS. Such inspection may be conducted only under 720 of the International Mail Manual relating to cooperation with the USDA on plant quarantine inspections of imports. b. Domestic Mail from Hawaii or Puerto Rico. Without a search warrant, designated USDA personnel may open and inspect (but not read) the contents of mail reasonably suspected of containing plant matter or plant pests, which has been mailed in Hawaii or Puerto Rico and is addressed to the United States mainland, either with the consent of the sender or if the mail is unsealed. Such inspections may take place only in designated areas of the Hawaii or Puerto Rico post office, and only so long as the Federal plant quarantine of Hawaii or the Puerto Rico remains in effect. c. State Terminal Inspections. Postal employees may cooperate with the Department of Agriculture and with state terminal inspection officials under the Terminal Inspection Act, 7 USC 166, or implementing regulations in Publication 14, Plant Quarantines. 115.93 Military Postal System. This part does not apply to the military postal system overseas or to persons performing military postal duties overseas (see 125.4). 115.94 Customs Inspection in Guam. Postal employees in the Agana Post Office may permit the designated Customs officials of the government of Guam, without a search warrant, to open, inspect, and read the contents of unsealed mail, and to examine the exterior (but not open or read the contents) of sealed mail which is addressed for delivery within the Territory of Guam. Upon the request of Guam customs officials, postal employees in the Agana Post Office may ask the addressee of sealed mail, which Guam customs officials reasonably suspect of containing dutiable or prohibited matter, to authorize Guam customs personnel to open and inspect the contents of the sealed mail, or to appear at the post office to accept delivery of the sealed mail in the presence of a Guam customs official. 115.95 Customs Inspection in the Northern Mariana Islands. Postal employees in the Saipan Post Office and the Rota Post Office may permit designated Northern Mariana Islands customs officials, without a search warrant, to open, inspect, and read the contents of unsealed mail, and to examine the exterior (but not open or read the contents) of sealed mail which originates outside the Northern Mariana Islands and is addressed for delivery within the Northern Mariana Islands. Upon the request of Northern Mariana Islands customs officials, postal employees in the Saipan Post Office or the Rota Post Office may ask the addressee of sealed mail which Northern Mariana Islands customs officials reasonably suspect of containing dutiable or prohibited matter to authorize Northern Mariana Islands customs officials to open and inspect the contents of the sealed mail, or to appear at the post office to accept delivery of the sealed mail in the presence of a Northern Mariana Islands customs official. 115.96 Excise Tax Collection in the Commonwealth of Puerto Rico and the United States Virgin Islands. Under 48 USC 741a and 48 USC 1574, respectively, postal employees in any post office in the Commonwealth of Puerto Rico and the United States Virgin Islands are authorized to permit local excise tax officials to record for tax collection purposes the names and addresses which appear on the exterior of all incoming parcels which appear to contain taxable items, except those sent by registered mail. A postal employee must be present during such recording, and no mail may be opened, detained, or delayed for this purpose. 115.97 Mail Addressed to Prisoners. Authorized personnel of prisons, jails, or other correctional institutions, under lawful rules and regulations, may open, examine, and censor mail addressed to an inmate of the institution, if the inmate-addressee consents to receive his mail at the institution through the institutional authorities. If the inmate does not consent, the personnel may either deliver the inmate's mail to the inmate unopened, or return it to the post office unopened marked, "Refused." An inmate may designate in writing an agent outside the institution to receive his mail, either through an authorized address of the agent, if the mail is so addressed, or at the delivery post office serving the institution, if the mail is addressed to the inmate at the institution. 115.98 Customs Inspection in American Samoa. Pago Pago postal employees may permit designated American Samoa customs officials, without a search warrant, to open, inspect, and read the contents of unsealed mail, and to examine the exterior (but not open or read the contents) of sealed mail which originates outside the Territory of American Samoa and is addressed for delivery within the Territory of American Samoa. Upon the request of American Samoa customs officials, postal employees in the Pago Pago Post Office may ask the addressee of sealed mail which American Samoa customs officials reasonably suspect contains dutiable or prohibited matter to authorize American Samoa customs officials to open and inspect the contents of the sealed mail, or to appear at the post office to accept delivery of the sealed mail in the presence of an American Samoa customs official. 116 (Reserved) 117 (Reserved) 118 (Reserved) 119 Trademarks, Service Marks, and Copyrights 119.1 Trademarks and Service Marks 119.11 General. The following terms and slogans are among the registered trademarks and service marks of the United States Postal Service: Registered U.S. Postal Service Trademarks or Service Marks CON-CON E-COM Express Mail Express Mail Custom Designed Service Express Mail Next Day Service Express Mail Same Day Airport Service First-Class Mail Here Today . . . There Tomorrow INTELPOST and the INTELPOST logotype Design figure of Mr. ZIP Mr. ZIP Postique The Overnighter United States Postal Service U.S. Mail ZIP ZIP Code ZIP+4 ZIP+4 logotype The Benjamin Franklin Stamp Club logotype The Express Mail logotype The distinctive red, white, and blue color scheme of postal vehicles The International Express Mail logotype The parcel post logotype The Postal Service emblem and the U.S. Mail emblem 119.12 Use. Proper use of the Postal Service's registered marks includes the following: a. The initial letters of the marks must be capitalized to distinguish them from terms which are not used as trademarks. For example, "Express Mail," a trademark, is capitalized; "registered mail," which is not a trademark, is not. Words and phrases which are registered trademarks may also be identified by the symbol . That symbol must be used to identify figures which are registered marks. (An exception to this rule is the Postal Service emblem when used on letterheads and business cards. All other uses must include the .) b. The trademarks must be used in the form listed above. For example, "Express Mail Custom Designed Service," not "Custom Designed Express Mail"; "ZIP Code," not "Zip Code"; "First-Class Mail," not "first class mail." The initial letters of "First-Class" should also be capitalized in phrases such as "First-Class letters" or "First-Class rate" which relate to First-Class Mail service. 119.13 Proposed or Pending Registration. The Postal Service has additional trademarks which have not yet been registered. The rules set out above apply to these "common law" marks, except that such marks are not to be identified by the symbol . Instead, the superscript initials can be used to identify these marks. When a pending mark is granted registration, it will be added to the list of registered marks in 119.11. The common law trademarks and service marks of the Postal Service for which registration is pending or proposed include: Trademarks and Service Marks Proposed or Pending Registration The Express Mail International Service logotype Presort Priority Mail 119.2 Copyrights 119.21 General. The Postal Service secures copyrights in its philatelic designs (see 166) and in some of its publications. 119.22 National Five-Digit ZIP Code and Post Office Directory 119.221 The Postal Service copyrights each edition of the National Five-Digit ZIP Code and Post Office Directory, Publication 65, to protect the accuracy and integrity of the ZIP Code information distributed to the public. The National ZIP Code and Post Office Directory can be purchased from all main post offices, classified stations, and branches. The directory can also be ordered by mail from the Superintendent of Documents, U.S. Government Printing Office, in Washington, DC, or purchased at Government Printing Office bookstores in major cities. 119.222 The Postal Service licenses publishers on a nonexclusive basis to reproduce and sell Publication 65 or portions thereof, as long as the portions cover a complete state or a combination of states and include full ZIP Code information for multi-ZIP Coded post offices. The licenses are on an annual basis and may be renewed. The license agreements contain the following significant terms: a. Only the most current available ZIP Code information printed from reproducibles furnished by the Postal Service shall be published. b. Each Directory must bear an expiration date consistent with the expiration date of the material reproduced. (Publication 65 is published annually and expires at the end of the calendar year.) c. All manuscripts and proposed advertising and promotional materials are subject to prior review by the Postal Service. Advertising and promotional materials may not misstate the licensee's relationship to the Postal Service and must indicate that the Postal Service does not determine the price at which the licensed publication is sold. d. A royalty on sales is paid to the Postal Service at a rate negotiated before the license is granted. Under certain circumstances, a flat fee or no royalty agreement may be negotiated. 119.3 Inquiries 119.31 Inquiries concerning Postal Service copyrights or the use of Postal Service trademarks and service marks, copyright materials, and intellectual property other than patents and technical data rights in Postal Service contracts must be sent to the Office of Licensing, U.S. Postal Service (for address, see Address List in Appendices). 119.32 Inquiries concerning licenses to publish or reproduce ZIP Code information must be sent to the Office of Licensing, U.S. Postal Service (for address, see Address List in Appendices).