(a) Carriers intending to establish or alter operations based on the suspension granted pursuant to §320.2 shall, as a condition to the right to operate under the suspension, notify the Manager, Mailing Standards, U.S. Postal Service, 475 L'Enfant Plaza SW, Rm. 3436, Washington, DC 20260-3436, of their intention to establish such operations not later than the beginning of such operations. Such notification, on a form available from the office of Mailing Standards, shall include information on the identity and authority of the carrier and the scope of its proposed operations.
(b) Carriers operating under the suspension granted pursuant to §320.2 are responsible for making sure that their carriage of matter under the suspension meets all conditions contained in §320.2. (See §310.4.) The containers or covers of any matter carried under the suspension must be made available for examination upon request by a properly identified representative of Mailing Standards. Carrier records—either in the form of notations on the containers or covers of any matter carried under the suspension granted pursuant to §320.2 or in the form of records kept by employees of the actual times they make delivery or pickup stops—must be sufficient to show that the delivery of such matter was completed within the applicable time limitation prescribed in §320.2. The provisions of this paragraph shall not restrict the Postal Service in the exercise of search powers conferred upon it by law.
(c) The filing of notifications under this section does not relieve the operator of responsibility for assuring that its operations conform to applicable statutes and regulations.
(d) Failure to comply with the notification requirements of this section and carriage of material or other action in violation of other provisions of this part and of part 310 are grounds for administrative revocation of the suspension as to a particular carrier for a period of not less than one year, in a proceeding instituted by the General Counsel, following a hearing by the Judicial Officer Department in accordance with the rules of procedure set out in part 959 of this chapter.
Note: The form referred to in §320.3 is reproduced below.
Notice of Intent To Establish Operations Under Suspension of the Private Express Statutes1
1Information relates exclusively to operations under the suspension for data processing materials. This form should be used for an initial notice of operations and for any amendments to the initial or subsequent notices.
(see 39 CFR part 320, suspension of the private express statutes)
Private Carriage of Letters
1. Designate the specific markets or areas in which operations will be conducted.
2. Describe specifically any authorizations issued by local, state, or federal regulatory agencies under which operations will be conducted.
(Signature of Officer)
(Name and Title)
Subscribed and sworn to before me this __ day of _____, 197__.
Notary Public
Seal
(Note: False statements contained herein are punishable by law, 18 U.S.C. 1001.)
[39 FR 33212, Sept. 16, 1974; 39 FR 34533, Sept. 26, 1974, as amended at 40 FR 23295, May 29, 1975; 44 FR 52835, Sept. 11, 1979; 69 FR 54006, Sept. 7, 2004; 75 FR 12123, Mar. 15, 2010]
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