[Code of Federal Regulations]
[Title 39, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 39CFR320.2]

[Page 160]
 
                        TITLE 39--POSTAL SERVICE
 
                 CHAPTER I--UNITED STATES POSTAL SERVICE
 
PART 320--SUSPENSION OF THE PRIVATE EXPRESS STATUTES--Table of Contents
 
Sec. 320.2  Suspension for certain data processing materials.

    (a) The operation of 39 U.S.C. 601(a) (1) through (6) and 
Sec. 310.2(b) (1) through (6) of this chapter is suspended on all post 
routes for data processing materials defined in paragraph (c) of this 
section on the terms detailed in paragraph (b) of this section, subject 
to the operating requirements in Sec. 320.3.
    (b) The suspension referred to in paragraph (a) of this section is 
for data processing materials conveyed (1) to a data processing center, 
if carriage is completed within 12 hours or by noon of the addressee's 
next business day and if data processing work is commenced on such 
materials within 36 hours of their receipt at the center; or (2) back 
from the data processing center to the address of the office originating 
the incoming materials, if carriage is completed within 12 hours or by 
noon of the addressee's next business day, and if data processing work 
was commenced on the incoming materials within 36 hours of their receipt 
at the center. For purposes of the time limitations for completion of 
delivery referred to in the preceding sentence, delivery of shipments 
between a domestic point and a foreign point shall be deemed to begin at 
the time materials of foreign origin are received at the international 
gateway city or end at the time materials of domestic origin leave the 
international gateway city. This suspension does not apply to carriages 
from or to originating offices that are neither part of the firm owning 
the data processing center nor data processing customers of the firm 
owning the data processing center.
    (c) For purposes of this suspension, (1) ``addressee's next business 
day'' means the first calendar day, stated in his local time, on which 
he conducts business, following the calendar day of dispatch, stated in 
the sender's local time; (2) ``data processing'' means electro-
mechanical or electronic processing and includes the recording of data 
by electro-mechanical or electronic means for further processing; and 
(3) ``data processing materials'' means materials of all types that are 
sent exclusively for data processing and are ready for immediate data 
processing, but only if they are produced recurringly in the course of 
the normal business operations of the office originating them or 
receiving them back from the processing center. The performance of 
clerical work which is merely preparatory and incidental to the 
commencement of data processing is not, for purposes of this suspension, 
inconsistent with the requirement that the materials be sent exclusively 
for data processing and be ready for immediate data processing.

[44 FR 52834, Sept. 11, 1979]