Summary
D042 describes how addressees may control delivery of their mail, the standards for returning refused mail, and specific conditions that apply to the delivery of Express Mail and accountable mail. It covers the standards for delivery to a commercial mail receiving agency, institutions, military post offices and city, rural, and highway contract delivery services.
Addressees may control delivery of their mail. Without a contrary order, the mail is delivered as addressed. Mail addressed to several persons may be delivered to any one of them.
The addressee may refuse to accept a mailpiece when it is offered for delivery.
After delivery, an addressee may mark a mailpiece Refused and return it within a reasonable time, if the piece or any attachment is not opened. Mail that may not be refused and returned unopened under this provision may be returned to the sender only if it is enclosed in a new envelope or wrapper with a correct address and new postage. The following may not be refused and returned postage-free after delivery:
a. Pieces sent as registered, insured, certified, collect on delivery (COD), and return receipt for merchandise mail.
b. Response mail to the addressees sales promotion, solicitation, announcement, or other advertisement that was not refused when offered to the addressee.
An addressee may request the postmaster, in writing, to withhold from delivery for a period not to exceed 2 years any foreign letter or printed matter with a specified name or address on the outside.
If a person claiming to be the addressee of certain mail is unknown to the delivery employee, the mail may be withheld pending identification of the claimant.
Generally, a returned mailpiece that was undeliverable-as-addressed or refused by the addressee may not be remailed unless it is placed in a new envelope or wrapper with a correct address and new postage. A returned shortpaid mailpiece can have the necessary additional postage affixed to the original piece and does not have to be placed in a new envelope or wrapper.
The following specific conditions also apply to the delivery of Express Mail and accountable mail (registered, certified, insured for more than $50, or COD, as well as mail for which a return receipt or a return receipt for merchandise is requested or for which the sender has specified restricted delivery):
a. The recipient (addressee or addressees representative) may obtain the senders name and address and may look at the mailpiece while held by the USPS employee before accepting delivery and endorsing the delivery receipt.
b. The mailpiece may not be opened or given to the recipient before the recipient signs and legibly prints his or her name on the delivery receipt (and return receipt, if applicable) and returns the receipt(s) to the USPS employee.
c. Suitable identification can be required of the recipient (if not known to the USPS employee) before delivery of the mailpiece.
d. When delivery is not restricted at the senders request, mail addressed to a person at a hotel, apartment house, etc., may be delivered to any person in a position to whom mail for that location is usually delivered.
e. USPS responsibility ends when the mailpiece is delivered to the recipient (or another party, subject to 1.7d and 2.0 through 8.0).
f. A notice is left for a mailpiece that cannot be delivered. If the piece is not called for or redelivery is not requested, the piece is returned to the sender after 15 days (5 days for Express Mail, 30 days for COD) unless the sender specifies fewer days on the piece.
g. A hand stamp approved by the postmaster may be used to provide the signature and name of the individual or organization receiving the mailpiece. In accordance with the electronic signature capture process, the hand stamp must be sized to fit within the Signature and Printed Name blocks on Form 3849. The stamp must not overlap into the delivery office information section or the Delivery Address block of the form. To obtain approval for such a stamp, the company must submit a written statement to the postmaster that the person whose name appears on the stamp is the person authorized to accept accountable mail, accompanied by a sample of the authorized employees signature that can be verified against the signature on the stamp. After approval, the stamped signature and name are acceptable only if a clean, legible impression is provided within the Signature and Printed Name blocks on Form 3849. On mail addressed to a federal or state official, the stamp need show only the name and location of the accepting organization. In these cases, the stamp should fit within the Printed Name and Delivery Address block of Form 3849 but must not overlap into the Signature block or barcode sections.
Unless otherwise directed, an addressees mail may be delivered to an employee, to a competent member of the addressees family, or to any person authorized to represent the addressee. A person or several persons may designate another to receive their mail.
A minors guardian may control delivery of mail addressed to the minor. If there is no guardian and the minor is unmarried, either parent may receive delivery of the minors mail.
Mail may be delivered under the order of the guardian or conservator for a person legally declared incompetent. If there is no legal representative, the mail is delivered as addressed.
Mail addressed to a deceased person may be received at the address of the deceased by anyone who would normally receive the addressees mail at that address. The mail may also be forwarded to a different address, such as that of an appointed executor or administrator, if an order of request is filed at the post office.
The procedures for establishing a commercial mail receiving agency (CMRA) are as follows:
a. An addressee may request mail delivery to a CMRA. The CMRA accepts delivery of the mail and holds it for pickup or remails it to the addressee, prepaid with new postage.
b. Each CMRA must register with the post office responsible for delivery to the CMRA. Any person who establishes, owns, or manages a CMRA must provide Form 1583-A to the postmaster (or designee) responsible for the delivery address. The CMRA owner or manager must complete all entries and sign the Form 1583-A. The CMRA owner or manager must furnish two items of valid identification; one item must contain a photograph of the CMRA owner or manager. Social Security cards or credit cards and birth certificates are unacceptable as identification. The identification presented must be current. It must contain sufficient information to confirm that the applicant is who he or she claims to be and is traceable to the bearer. The postmaster (or designee) may retain a photocopy of the identification for verification purposes and must list and record sufficient information to identify the two types of identification on Form 1583-A (block 10). Furnishing false information on the application or refusing to give required information is reason for denying the application. When any information required on Form 1583-A changes, the CMRA owner or manager must file a revised application (write revised on the form) with the postmaster. The following are acceptable identification:
(1) Valid drivers license or state non-drivers identification card.
(2) Armed forces, government, university, or recognized corporate identification card.
(3) Passport, alien registration card, or certificate of naturalization.
(4) Current lease, mortgage, or deed of trust.
(5) Voter or vehicle registration card.
(6) Home or vehicle insurance policy.
c. The postmaster (or designee) must verify the documentation to confirm that the CMRA owner or manager resides at the permanent home address shown on Form 1583-A; witness the signature of the CMRA owner or manager; and sign Form 1583-A. The postmaster must provide the CMRA with a copy of the DMM regulations relevant to the operation of a CMRA. The CMRA owner or manager must sign the Form 1583-A acknowledging receipt of the regulations. The postmaster must file the original of the completed Form 1583-A at the post office and provide the CMRA with a duplicate copy.
d. A CMRA is authorized to accept the following accountable mail from their customers for mailing at the post office: insured, COD, Express Mail, certified mail, Delivery Confirmation, and Signature Confirmation mail. The sender (CMRA customer) must present accountable mail items not listed to the post office for mailing.
[5-13-04] Procedures for delivery to a CMRA are as follows:
a. Mail delivery to a CMRA requires that the CMRA owner or manager and each addressee complete and sign Form 1583. Spouses may complete and sign one Form 1583. Each spouse must furnish two items of valid identification. If any information that is required on Form 1583 is different for either spouse it must be entered in the appropriate box. A parent or guardian may receive delivery of a minors mail by listing the name(s) of each minor on Form 1583 (block 12). The CMRA owner or manager, authorized employee, or a notary public must witness the signature of the addressee. The addressee must complete all entries on Form 1583. The CMRA owner or manager must verify the documentation to confirm that the addressee resides or conducts business at the permanent address shown on Form 1583. The address is verified if there is no discrepancy between information on the application and the identification presented. If the information on the application does not match the identification, the applicant must substantiate to the CMRA that the applicant resides or conducts business at the address shown. A document from a governmental entity or recognized financial institution or a utility bill with the applicants name and current permanent address may be used for such purpose. If the applicant is unable to substantiate the address, the CMRA must deny the application. Furnishing false information on the application or refusing to give required information is reason for withholding the addressees mail from delivery to the agent and returning it to the sender. When any information required on Form 1583 changes, the addressee must file a revised application (write revised on the form) with the CMRA. The addressee must furnish two items of valid identification; one item must contain a photograph of the addressee. Social Security cards or credit cards and birth certificates are unacceptable as identification. The identification presented must be current. It must contain sufficient information to confirm that the applicant is who he or she claims to be and is traceable to the bearer. The CMRA owner or manager may retain a photocopy of the identification for verification purposes. The CMRA owner or manager must list and record sufficient information to identify the two types of identification on Form 1583 (block 8) and write the complete CMRA delivery address used to deliver mail to the addressee on Form 1583 (block 3). The following are acceptable identification:
(1) Valid drivers license or state non-drivers identification card.
(2) Armed forces, government, university, or recognized corporate identification card.
(3) Passport, alien registration card, or certificate of naturalization.
(4) Current lease, mortgage, or deed of trust.
(5) Voter or vehicle registration card.
(6) Home or vehicle insurance policy.
b. A CMRA must not modify or alter Form 1583 or Form 1583-A. Modified or altered forms are invalid and the addressees mail must be returned to sender in accordance with USPS regulations.
c. The CMRA must provide the original of completed Forms 1583 to the postmaster. This includes revised Forms 1583 submitted by an addressee based on information changes to the original Form 1583 (write revised on form). The CMRA must maintain duplicate copies of completed Forms 1583 on file at the CMRA business location. The Forms 1583 must be available at all times for examination by postal representatives and postal inspectors. The postmaster must file the original Forms 1583 first by CMRA and then alphabetically by the addressees last name at the station, branch, or post office. The postmaster files the original Forms 1583 without verifying the address of residence or firm shown on Forms 1583. The postmaster is required to verify only when the postmaster receives a request by the Postal Inspector in Charge, or when there is reason to believe that the addressees mail may be, or is being, used for unlawful purposes.
d. When the agency relationship between the CMRA and the addressee terminates, the CMRA must write the date of termination on its duplicate copy of Form 1583. The CMRA must notify the post office of termination dates through the quarterly updates (due January 15th, April 15th, July 15th, and October 15th) of the alphabetical list of customers cross-referenced to the CMRA addressee delivery designations. The alphabetical list must contain all new customers, current customers, and those customers who terminated within the past 6 months, including the date of termination. The CMRA must retain the endorsed duplicate copies of Forms 1583 for at least 6 months after the termination date. Forms 1583 filed at the CMRA business location must be available at all times for examination by postal representatives.
e. A CMRA must represent its delivery address designation for the intended addressees by the use of PMB (private mailbox) or the alternative # sign. Mailpieces must bear a delivery address that contains at least the following elements, in this order:
Preferred Format:
(1) Line 1: Intended addressees name or other identification. Examples: JOE DOE or ABC CO.
(2) Line 2: PMB and number or the alternative # (pound sign) and number. Examples: PMB 234 or #234.
(3) Line 3: Street number and name or post office box number or rural route designation and number. Examples: 10 MAIN ST STE 11 or PO BOX 34 or RR 1 BOX 12.
(4) Line 4: City, state, and ZIP Code (5-digit or ZIP+4). Example: HERNDON VA 22071-2716.
Alternate Format:
(1) Line 1: Intended addressees name or other identification. Examples: JOE DOE or ABC CO.
(2) Line 2: Street number and name or post office box number and PMB and number or the alternative # (pound sign) and number. Examples: 10 MAIN ST PMB 234 or #234 or PO BOX 34 PMB 234 or #234.
(3) Line 3: City, state, and ZIP Code (5-digit or ZIP+4). Example: HERNDON VA 22071-2716.
Exception: When the CMRAs physical address contains a secondary address element (e.g., rural route box number, suite, #, or other term), the CMRA customer must use PMB in the three-line format, as follows:
JOE DOE
10 MAIN ST STE 11 PMB 234
HERNDON VA 22071-2716
and
JOE DOE
RR 12 BOX 512 PMB 234
HERNDON VA 22071-2716
It is not permissible to combine the secondary address element of the physical location of the CMRA address and the CMRA customer private mailbox number, e.g., 10 MAIN ST STE 11-234. The CMRA must write the complete CMRA delivery address used to deliver mail to each individual addressee or firm on the Form 1583 (block 3). The USPS may return mail without a proper address to the sender endorsed Undeliverable as Addressed, Missing PMB or # Sign.
f. The CMRA must be in full compliance with 2.5 through 2.7 and other applicable postal requirements to receive delivery of mail from the post office.
g. The postmaster may, with the next higher level approval and notification to the Postal Inspector-In-Charge, suspend delivery to a CMRA that, after proper notification, fails to comply with 2.5 through 2.7 or other applicable postal requirements. The proper notification must be in writing outlining the specific violation(s) with a reasonable time to comply.
h. With the approval of suspension of delivery, the postmaster must provide the CMRA with written notification of the effective date and the reason(s). If the CMRA fails to comply by the effective date, return mail to the sender endorsed Delivery Suspended to Commercial Mail Receiving Agency.
In delivery of the mail to the CMRA, the addressee and the CMRA agree that:
a. When the agency relationship between the CMRA and the addressee terminates, neither the addressee nor the CMRA will file a change-of-address order with the post office.
b. The CMRA must remail mail intended for the addressee (customer) for at least 6 months after the termination date of the agency relationship between the CMRA and addressee. Mail that is remailed by the CMRA requires new postage. This remailing obligation need not be fulfilled if the CMRA customer provides written instructions to the CMRA that the mail (or specific types of mail) not be remailed upon termination of the relationship. This instruction may be provided in an internal service agreement between the customer and CMRA or by a separate document. Written instructions from the customer regarding the handling of this mail must not stipulate that the CMRA refuse mail or return it to sender, or hold the mail during the 6-month remail period and return it to the post office, or redeposit mail in the mails without new postage. At the end of the 6-month remail period the CMRA may return to the post office only First-Class Mail, Priority Mail, Express Mail, accountable mail, or Parcel Post received for the former addressee (customer). The CMRA must return this mail to the post office the next business day after receipt with this endorsement: Undeliverable, Commercial Mail Receiving Agency, No Authorization to Receive Mail for this Addressee. This mail is returned to the post office without new postage. The CMRA must not deposit return mail in a collection box. The CMRA must give the return mail to the letter carrier or return it to the post office responsible for delivery to the CMRA. Upon request, the agent must provide to the USPS all addresses to which the CMRA remails mail.
c. If mail is remailed by the CMRA to the address of a former customer during the 6-month remail period and returned by the USPS endorsed Moved, Left No Address, then the CMRA may return that mail to the post office with the approval of the postmaster or station manager. The approval is subject to evidence that the mail was remailed with new postage to the former customer at the address provided when the relationship was terminated and/or the verified home or business permanent address provided on the customers Form 1583. Upon approval, the CMRA may return to the post office only First-Class Mail, Priority Mail, Express Mail, accountable mail, and Parcel Post received for the former customer. The CMRA must return this mail to the post office the next business day after receipt without new postage.
d. The CMRA must provide to the postmaster a quarterly list (due January 15th, April 15th, July 15th, and October 15th) of its customers in alphabetical order cross-referenced to the CMRA addressee delivery designation. The alphabetical list must contain all new customers, current customers, and those customers who terminated within the past 6 months, including the date of termination.
e. A CMRA may not refuse delivery of mail if the mail is for an addressee who is a customer or former customer (within the past 6 months). The agreement between the addressee and the CMRA obligates the CMRA to receive all mail, except restricted delivery, for the addressee. The addressee may authorize the CMRA in writing on Form 1583 (block 5) to receive restricted delivery mail for the addressee.
f. If the CMRA has no Form 1583 on file for the intended addressee, the CMRA must return that mail to the post office responsible for delivery with this endorsement: Undeliverable, Commercial Mail Receiving Agency, No Authorization to Receive Mail for this Addressee. This mail is returned to the post office without new postage. The CMRA must return misdelivered mail the next business day after receipt.
g. The CMRA must not deposit return mail in a collection box. The CMRA must give the return mail to the letter carrier or return it to the post office responsible for delivery to the CMRA.
The procedures for an office business center (OBC) or part of its operation acting as a CMRA for postal purposes are as follows:
a. An OBC is a business that operates primarily to provide private office facilities and other business support services to individuals or firms (customers). OBCs receive single-point delivery. OBC customers that receive mail at the OBC address will be considered CMRA customers for postal purposes under the standards set forth in 2.8b. Parties considered CMRA customers under this provision must comply with the standards set forth in 2.5 through 2.7. An OBC must register as a CMRA on Form 1583-A and comply with all other CMRA standards if one or more customers receiving mail through its address is considered a CMRA customer.
b. An OBC customer is considered to be a CMRA customer for postal purposes if its written agreement with the OBC provides for mail service only or mail and other business support services (without regard for occupancy or other services that the OBC might provide). Additionally, an OBC customer receiving mail at the OBC address is considered to be a CMRA customer for postal purposes if each of the following is true:
(1) The customers written agreement with the OBC does not provide for the full-time use of one or more of the private offices within the OBC facility.
(2) The customers written agreement with the OBC does not provide all of the following: (a) the use of one or more of the private offices within the facility for at least 16 hours per month at market rate for the location; (b) full-time receptionist service and live personal telephone answering service during normal business hours and voicemail service after hours; (c) a listing in the office directory in the building in which the OBC is located; (d) use of conference rooms and other business services on demand, such as secretarial services, word processing, administrative services, meeting planning, travel arrangements, and video conferencing.
c. Notwithstanding any other standards, a customer whose written agreement provides for mail services only or mail and other business support services will not be considered an OBC customer (without regard for occupancy or other services that an OBC may provide and bill for on demand).
d. The USPS may request from the OBC copies of written agreements or any other documents or information needed to determine compliance with these standards. Failure to provide requested documents or information might be basis for suspending delivery service to the OBC under the procedures set forth in 2.6.
For mail that is jointly addressed (e.g., Mr. and Mrs. John Doe, John and Jim Doe), neither party is entitled to control delivery of such mail over the objection of the other.
For mail that is addressed to husbands or wives, neither party may control delivery of mail addressed to the other.
All mail addressed to a governmental or nongovernmental organization or to an individual by name or title at the address of the organization is delivered to the organization, as is similarly addressed mail for former officials, employees, contractors, agents, etc. If disagreement arises where any such mail should be delivered, it must be delivered under the order of the organizations president or equivalent official.
Mail addressed to a governmental or nongovernmental official by title or by organization name, but not to the address of the organization, is delivered to the organization if the organization so directs.
Mail addressed to a patient or inmate at an institution is delivered to the institution authorities. If the addressee is no longer at that address, the mail must be redirected to the current address, if known, or endorsed appropriately and returned by the institution to the post office.
Mail addressed to a person at a hotel, school, or similar place is delivered to the hotel, school, etc. If the addressee is no longer at that address, the mail must be redirected to the current address, if known, or endorsed appropriately and returned by the institution to the post office.
Mail addressed to a prisoner is subject to the mail security standards in the Administrative Support Manual.
Registered mail addressed to a person at a hotel or apartment house is delivered to the persons designated by the management of the hotel or apartment house in a written agreement with the USPS (Form 3801-A). If the sender restricts delivery of the registered mail, it may not be delivered to that designated person, unless the addressee authorized that person in writing to receive restricted-delivery mail.
If persons make conflicting orders for delivery of the same mail, and they cannot agree among themselves who should receive the mail, the mail may be delivered to a named receiver or third party unanimously agreed to by the disputing parties.
If the disputing parties are unable to select a receiver, they must furnish the postmaster all available evidence on which they rely to exercise control over the disputed mail. The USPS may hold or return mail pending resolution of the dispute.
Mail is delivered under a court order issued for mail claimed by different persons.
An uninsured parcel may not be left in an unprotected place, such as a porch or stairway, unless the addressee has filed a written order, or the mailer has endorsed the parcel CarrierLeave If No Response. The endorsement must appear directly below the return address as specified in M012.
Any matter mailed as Customized MarketMail under E660 must bear the endorsement CarrierLeave If No Response as specified in M012.
For units not operating military post offices (MPOs), mail addressed to officials by title and personnel of military organizations is delivered to unit mail clerks or mail orderlies if such individuals are designated on DD Form 285 to receive all mail addressed to that unit. Registered, numbered insured, certified, and restricted-delivery mail addressed to individuals by name may be delivered to the unit mail clerk or mail orderly only if the addressee so authorizes in a letter to the post office, on Form 3849 or Form 3801.
For units operating military post offices (MPOs), all mail is delivered to the military postal clerk, an assistant postal clerk, or postal finance clerk for the organization. Mail for other military organizations may be delivered to military postal clerks or military postal finance clerks for further delivery, when requested.
To obtain mail, unit mail clerks, mail orderlies, postal clerks, and assistant postal clerks must provide proper identification.
Return receipts for registered, numbered insured, and certified mail must not be completed by anyone other than the addressee.
City delivery is provided according to USPS policies and procedures, the characteristics of the area to be served, and the methods needed to provide adequate service. Requests or petitions to establish, change, or extend city delivery service must be made to the local postmaster.
Changes in the type of delivery authorized for a delivery point may be considered if service by existing methods imposes an extreme physical hardship on the customer.
Customers must provide authorized mail receptacles or door slots, except for mail receptacles authorized by the USPS to be owned and maintained by the USPS. The purchase, installation, maintenance, and replacement of mail receptacles used by customers for mail delivery are not the responsibility of the USPS. However, the USPS may authorize neighborhood delivery and collection boxes and parcel lockers to be purchased, installed, maintained, or replaced by the USPS.
Mail receptacles or door slots are not required at businesses and offices that are open and have someone on hand to receive the mail when the carrier calls.
If a lock is used on a mail receptacle, the receptacle must have a slot large enough to accommodate the normal daily mail volume.
A door slot for mail must meet specific criteria:
a. The clear rectangular opening in the outside slot plate must be at least 1-1/2 inches wide and 7 inches long.
b. The slot must have a flap, hinged at the top if placed horizontally, or hinged on the side away from the hinge side of the door if placed vertically.
c. When an inside hood is used to provide greater privacy, the hooded portion must not be below the bottom line of the slot in the outside plate if placed horizontally, or beyond the side line of the slot in the outside plate nearest the hinge edge of the door if placed vertically.
d. The hood at its greatest projection must not be less than 2-1/16 inches beyond the inside face of the door.
e. The bottom of the slot must be at least 30 inches above the finished floor line.
Apartment house mail receptacles must be approved by the USPS. The purchase, installation, maintenance, and replacement of mail receptacles, boxes, or parcel lockers are not the responsibility of the USPS except for neighborhood delivery and collection boxes and parcel lockers authorized by the USPS to be owned and maintained by the USPS. When apartment buildings are substantially renovated or remodeled to provide additional apartments, or a material change is made in the location of boxes, obsolete receptacles must be replaced by currently approved receptacles.
Information on the installation of receptacles, specifications for construction, and approval procedures for manufacturers is in Postal Operations Manual 632.
Rural stations and branches are established, and rural delivery is provided, according to USPS policies and procedures, the characteristics of the area to be served, and the methods needed to provide adequate service. Requests or petitions to establish, change, or extend rural delivery service, signed by the heads of families wanting this service, must be given to the postmaster of the post office from which delivery service is desired, or from which the route operates, as applicable.
On the customers written request, the postmaster may approve an exception to the currently authorized method of delivery, if the type of rural delivery authorized imposes an extreme physical hardship.
An ordinary parcel too large to fit into a customers mailbox is not left unless the customer has filed a written order with the postmaster relieving the USPS and carriers of all responsibility in case of loss or depredation of any such parcel left outside the box.
Mail is delivered to a customers mailbox if a quarantined disease exists, provided that delivery can be made without exposure to contagion. No mail is collected from such box while the quarantine is in force.
Generally, mailable matter is collected from a rural mailbox if postage is fully prepaid or money equal to the required postage is left in the mailbox. Money in a rural box is left at the customers risk. When postage or money is insufficient to cover postage, the mail is not collected, or if the sender cannot be identified, the mail is treated as unpaid mail. Mailable matter not bearing postage found in, placed on, attached to, supported by, or hanging from rural boxes is handled under the applicable standards.
Rural mailboxes must meet the standards in D041 for installation, location, and use.
Highway contract routes are established, and delivery service on such routes is provided, according to USPS policies and procedures, the characteristics of the area to be served, and the methods needed to provide adequate service. Requests or petitions for new routes, or for extensions of service or changes in the line of travel or schedule of highway contract service, must be directed to the USPS distribution networks office with supervision over the transportation of mail in the area involved.
An ordinary parcel too large to fit into a customers mailbox is not left unless the customer has filed a written order with the postmaster relieving the USPS and carriers of all responsibility in case of loss or depredation of any such parcel left outside the box.
Generally, mailable matter is collected from a mailbox if postage is fully prepaid or money equal to the required postage is left in the mailbox. Money in a mailbox is left at the customers risk. When postage or money is insufficient to cover postage, the mail is not collected, or if the sender cannot be identified, the mail is treated as unpaid mail. Mailable matter not bearing postage found in, placed on, attached to, supported by, or hanging from boxes is handled under the applicable standards.
Curbside mailboxes meeting the applicable standards in D041must be placed where they protect the mail and can be conveniently served by carriers without leaving their vehicles. These boxes must be on the right side of the road in the direction of travel when required by traffic conditions or when driving to the left to reach the boxes would violate traffic laws by the carrier.
DMM Issue 58 Updated 12-9-04