81 FR 17637 - Procedures Relating to the Disposition of Property Acquired by the United States Postal Service Office of Inspector General for Use as Evidence
POSTAL SERVICE Federal Register Volume 81, Issue 61 (March 30, 2016)
Federal Register Volume 81, Issue 61 (March 30, 2016)
| Page Range | 17637-17639 | |
| FR Document | 2016-07103 |
[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)] [Proposed Rules] [Pages 17637-17639] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07103] ======================================================================= ----------------------------------------------------------------------- POSTAL SERVICE 39 CFR Part 230 Procedures Relating to the Disposition of Property Acquired by the United States Postal Service Office of Inspector General for Use as Evidence AGENCY: Postal Service. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule establishes procedures for the disposition of abandoned property held by the United States Postal Service Office of Inspector General. The rule establishes procedures for determining the ownership of abandoned property, the advertisement of abandoned items with no apparent owner held by the Office of Inspector General, and the disposal of items declared abandoned. DATES: Comments must be received on or before April 29, 2016. ADDRESSES: Written comments should be directed to the Office of Inspector General, Office of General Counsel, 1735 North Lynn Street, Arlington, Virginia 22209-2013. Copies of all written comments will be available at that address for inspection and copying between 9 a.m. and 4 p.m., Monday through Friday. FOR FURTHER INFORMATION CONTACT: Gladis Griffith, Office of General Counsel, (703) 248-4683. SUPPLEMENTARY INFORMATION: In the course of conducting official investigations, Special Agents of the United States Postal Service Office of Inspector General frequently recover property lost or stolen from the mail and obtain custody of property needed for use as evidence in proceedings to enforce various provisions of the United States Code. In most cases, such property is returned to the owner at the conclusion of the investigation or any resulting administrative or judicial proceedings. In some cases, however, the owners fail to claim property, and it therefore remains in the custody of the Office of Inspector General after it is no longer needed. The proposed rule would establish a fair and uniform procedure to identify the owners of such property, afford them an opportunity to claim its return, and in the event a valid claim is not received, treat such property as abandoned and direct that it be sold or put to official use. Apparent owners would be notified of their right to claim property, and where no apparent owner is known and the value of the property in question exceeds $200, notice would be published on the Office of Inspector General's Web site inviting the owner to submit a claim for its return. List of Subjects in 39 CFR Part 230 Administrative practice and procedure, Claims, Law enforcement, Property (abandoned). For the reasons stated in the preamble, the Postal Service proposes to amend 39 CFR part 230 as follows: PART 230--OFFICE OF INSPECTOR GENERAL 0 1. The authority citation for part 230 continues to read as follows: Authority: 5 U.S.C. App.3; 39 U.S.C. 401(2) and 1001. 0 2. Add the subpart C to read as follows: Subpart C--Rules of Procedure Relating to the Disposition of Stolen Mail Matter and Property Acquired by the Office of Inspector General for Use as Evidence Sec. 230.30 Scope. 230.31 Definitions. 230.32 Disposition of property of apparent owners where property is valued over $200. 230.33 Disposition of property of apparent owners where property is valued at $200 or less. 230.34 Disposition of property of unknown owners where property is valued over $200. 230.35 Disposition of property of unknown owners where property is valued at $200 or less. 230.36 Contraband and property subject to court order. 230.37 Determination of type of property. 230.38 Disposition of abandoned property; additional period for filing claims. 230.39 Submission of claims. 230.40 Determination of claims. 230.41 Reconsideration of claims. 230.42 Disposition of property declared abandoned where title vests in the government. Sec. 230.30 Scope. This subpart prescribes procedures governing the disposition of any property (real, personal, tangible, or intangible) obtained by the United States Postal Service Office of Inspector General (Office of Inspector General) for possible use as evidence after the need to retain such property no longer exists. [[Page 17638]] Sec. 230.31 Definitions. The following definitions apply to this subpart: (a) Apparent. That which is clear, plain, and evident. (b) Owner. The person recognized by the law as having the ultimate control over and right to use the property. (c) Ruling official. The official who has the authority to grant or deny the claim for the abandoned or other unclaimed property where the property is located, typically the Executive Special Agent in Charge, or a designee. If, however, the property is a firearm or contraband, the Executive Special Agent in Charge should consult with the Office of Inspector General, Office of General Counsel prior to commencing the abandonment action. (d) Claimant. The person who submitted the claim for the abandoned or other unclaimed property. (e) Owner. The person recognized by the law as having the ultimate control over and right to use the property. Sec. 230.32 Disposition of property of apparent owners where property is valued over $200. Where an apparent owner of property subject to this subpart is known, and the estimated value of the property exceeds $200, the owner shall be notified by certified mail at his last known address. The written notice shall describe the property and the procedure for filing a claim for its return (see, Sec. Sec. 230.36 and 230.39). Such claims must be filed within 30 days from the date the written notice is postmarked. If the apparent owner of the property fails to file a timely claim, the property is considered abandoned and must be disposed of as provided in Sec. 230.38. Sec. 230.33 Disposition of property of apparent owners where property is valued at $200 or less. Where an apparent owner of property subject to this subpart is known, and the estimated value of the property is $200 or less, the Executive Special Agent in Charge, or a designee, should attempt to return the property to the owner. If successful, the Executive Special Agent in Charge shall request the owner sign a Hold Harmless Agreement. If not, the Executive Special Agent in Charge shall vest title in the Government. Sec. 230.34 Disposition of property of unknown owners where property is valued over $200. (a) Where no apparent owner of property subject to this subpart is known, except property described in Sec. 230.36, and the estimated value of the property exceeds $200, the Executive Special Agent in Charge, or a designee, must publish notice providing the following information: (1) A description of the property, including model or serial numbers, if known; (2) A statement of the location where the property was found; (3) The name, address, and telephone number of the Executive Special Agent in Charge who has custody of the property; and (4) A statement inviting any person who believes he or she is fully entitled to the property to submit a claim for its return with the Executive Special Agent in Charge identified in the notice. Such claim must be submitted within 30 days from the date of first publication of the notice. (b) The notice under paragraph (a) of this section must be published for three consecutive weeks on the Office of Inspector General's Web site. Sec. 230.35 Disposition of property of unknown owners where property is valued at $200 or less. Where the owner of property subject to this subpart is unknown and the estimated value of the property is $200 or less, no notice is required, and the Executive Special Agent in Charge, or a designee, should vest title in the Government, subject to the rights of the owner to submit a valid claim as provided in Sec. 230.38. Sec. 230.36 Contraband and property subject to court order. Claims submitted with respect to property subject to this subpart, possession of which is unlawful, must be denied, in writing, by certified mail, and the person submitting the claim must be accorded 45 days from the postmarked date to institute judicial proceedings to challenge the denial. If judicial proceedings are not instituted within 45 days, or any extension of time for good cause shown, the contraband property must be destroyed unless the Executive Special Agent in Charge, or a designee, determines that it should be placed in official use by the Office of Inspector General. Property subject to this part, the disposition of which is involved in litigation or is subject to an order of court, must be disposed of as determined by the court. Sec. 230.37 Determination of type of property. If the Office of Inspector General is unable to determine whether the personal property in its custody is abandoned or voluntarily abandoned, it shall contact the Office of Inspector General, Office of General Counsel for such a determination. Sec. 230.38 Disposition of abandoned property; additional period for filing claims. (a) Upon expiration of the time provided in Sec. Sec. 230.32 and 230.34 for the filing of claims or any extension thereof, and without the receipt of a timely claim, the property described in the notice is considered abandoned and becomes the property of the Government. However, if the owner satisfies the requirements of paragraph (b) of this section, except for property described in Sec. 230.36, such abandoned property must be returned to the owner if a valid claim is filed within three years from the date the property became abandoned, with the following qualifications: (1) Where property has been placed in official use by the Office of Inspector General, a person submitting a valid claim under this section must be reimbursed the fair market value of the property at the time title vested in the Office of Inspector General, less costs incurred in returning or attempting to return such property to the owner; or (2) Where property has been sold, a person submitting a valid claim under this section must be reimbursed the same amount as the last appraised value of the property prior to the sale of such property. (b) In order to present a valid claim under paragraph (a) of this section, the claimant must establish he or she had no actual or constructive notice that he or she was entitled to file a claim pursuant to Sec. 230.32 or Sec. 230.34 prior to the date the property became abandoned. Publication of a notice pursuant to Sec. 230.34 provides constructive notice, unless a claimant can demonstrate circumstances that reasonably precluded his or her access to the published notice. Sec. 230.39 Submission of claims. Claims submitted pursuant to this subpart must be submitted on Postal Service Form 1503, which may be obtained from the Executive Special Agent in Charge who has custody of the property. Sec. 230.40 Determination of claims. Upon receipt of a claim under this subpart, the Office of Inspector General must conduct an investigation to determine the merits of the claim. The results of the investigation must be submitted to the ruling official, who must approve or deny the claim by written decision, a copy of which must be forwarded to the claimant by certified mail. If the claim is granted, the conditions of relief and the procedures to be followed to obtain the relief shall be set forth. If the claim is [[Page 17639]] denied, the claimant shall be advised of the reason for such denial. Sec. 230.41 Reconsideration of claims. A written request for reconsideration of denied claims must be based on evidence recently developed or not previously presented. It must be submitted within 10 days of the postmarked date of the letter denying the claim. The ruling official shall advise the Asset Forfeiture Coordinator if a timely reconsideration of the denial is made. The Office of Inspector General, Office of General Counsel shall rule on the reconsideration request. Sec. 230.42 Disposition of property declared abandoned where title vests in the government. Property declared abandoned, including cash and proceeds from the sale of property subject to this part, may be shared with federal, state, or local agencies. Abandoned property may also be destroyed, sold, or placed into official use. However, before abandoned property can be shared with another agency, sold, or placed into official use, the Executive Special Agent in Charge must confer with the Office of Inspector General, Office of General Counsel. Unless the Executive Special Agent in Charge determines the cash or proceeds of the sale of the abandoned property are to be shared with other law enforcement agencies, such cash or proceeds shall be converted to money orders and transmitted to: United States Postal Service, Disbursing Officer, 2825 Lone Oak Parkway, Eagan, MN 55121-9640. Stanley F. Mires, Attorney, Federal Compliance. [FR Doc. 2016-07103 Filed 3-29-16; 8:45 am] BILLING CODE 7710-12-P
![Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Proposed Rules 17637
List of Subjects in 33 CFR Part 165 PART 165— REGULATED Department of Homeland Security Delegation
NAVIGATION AREAS AND LIMITED No. 0170.1
Marine safety, Navigation (water),
ACCESS AREAS ■ 2. In § 165.801, amend Table 6 by
Reporting and recordkeeping adding line 13 to read as follows:
requirements, Waterways.
■ 1. The authority citation for part 165
§ 165.801 Annual fireworks displays and
For the reasons discussed in the continues to read as follows: other events in the Eighth Coast Guard
preamble, the Coast Guard proposes to Authority: 33 U.S.C. 1231; 50 U.S.C. 191, District requiring safety zones.
amend 33 CFR part 165 as follows: 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; * * * * *
TABLE 6 OF § 165.801—SECTOR LOWER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES
Sector lower MS river
Date Sponsor/name Safety zone
location
* * * * * * *
13. First or Second Satur- Louisiana Dragon Boat Red River, Alexandria, LA Regulated Area: Red River mile marker 88.0 to 88.5,
day in May. Race. Alexandria, LA.
* * * * * * *
* * * * * SUPPLEMENTARY INFORMATION: In the Authority: 5 U.S.C. App.3; 39 U.S.C.
course of conducting official 401(2) and 1001.
Dated: March 16, 2016.
T.J. Wendt,
investigations, Special Agents of the
United States Postal Service Office of ■ 2. Add the subpart C to read as
Captain, U.S. Coast Guard, Captain of the follows:
Port, Lower Mississippi River.
Inspector General frequently recover
property lost or stolen from the mail and
[FR Doc. 2016–06909 Filed 3–29–16; 8:45 am] Subpart C—Rules of Procedure
obtain custody of property needed for
BILLING CODE 9110–04–P Relating to the Disposition of Stolen
use as evidence in proceedings to
Mail Matter and Property Acquired by
enforce various provisions of the United
the Office of Inspector General for Use
States Code. In most cases, such
POSTAL SERVICE as Evidence
property is returned to the owner at the
conclusion of the investigation or any Sec.
39 CFR Part 230
resulting administrative or judicial 230.30 Scope.
Procedures Relating to the Disposition proceedings. In some cases, however, 230.31 Definitions.
of Property Acquired by the United the owners fail to claim property, and it 230.32 Disposition of property of apparent
States Postal Service Office of therefore remains in the custody of the owners where property is valued over
Inspector General for Use as Evidence Office of Inspector General after it is no $200.
longer needed. The proposed rule 230.33 Disposition of property of apparent
AGENCY: Postal Service. would establish a fair and uniform owners where property is valued at $200
ACTION: Proposed rule. procedure to identify the owners of such or less.
property, afford them an opportunity to 230.34 Disposition of property of unknown
SUMMARY: This proposed rule claim its return, and in the event a valid owners where property is valued over
establishes procedures for the claim is not received, treat such $200.
disposition of abandoned property held property as abandoned and direct that it 230.35 Disposition of property of unknown
by the United States Postal Service be sold or put to official use. Apparent owners where property is valued at $200
Office of Inspector General. The rule owners would be notified of their right or less.
establishes procedures for determining to claim property, and where no 230.36 Contraband and property subject to
the ownership of abandoned property, court order.
apparent owner is known and the value
the advertisement of abandoned items 230.37 Determination of type of property.
of the property in question exceeds
with no apparent owner held by the 230.38 Disposition of abandoned property;
$200, notice would be published on the
Office of Inspector General, and the additional period for filing claims.
Office of Inspector General’s Web site 230.39 Submission of claims.
disposal of items declared abandoned. inviting the owner to submit a claim for 230.40 Determination of claims.
DATES: Comments must be received on its return. 230.41 Reconsideration of claims.
or before April 29, 2016. 230.42 Disposition of property declared
List of Subjects in 39 CFR Part 230
ADDRESSES: Written comments should abandoned where title vests in the
be directed to the Office of Inspector Administrative practice and government.
General, Office of General Counsel, 1735 procedure, Claims, Law enforcement,
North Lynn Street, Arlington, Virginia Property (abandoned). § 230.30 Scope.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
22209–2013. Copies of all written For the reasons stated in the
This subpart prescribes procedures
comments will be available at that preamble, the Postal Service proposes to
governing the disposition of any
address for inspection and copying amend 39 CFR part 230 as follows:
property (real, personal, tangible, or
between 9 a.m. and 4 p.m., Monday intangible) obtained by the United
PART 230—OFFICE OF INSPECTOR
through Friday. States Postal Service Office of Inspector
GENERAL
FOR FURTHER INFORMATION CONTACT: General (Office of Inspector General) for
Gladis Griffith, Office of General ■ 1. The authority citation for part 230 possible use as evidence after the need
Counsel, (703) 248–4683. continues to read as follows: to retain such property no longer exists.
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![Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Proposed Rules 17639
denied, the claimant shall be advised of Act (CSA) from 100 to 200. The purpose Table of Contents
the reason for such denial. of the proposed rule is to increase
access to treatment for opioid use I. Executive Summary
§ 230.41 Reconsideration of claims. disorder while reducing the opportunity A. Purpose
A written request for reconsideration for diversion of the medication to B. Summary of Major Provisions
of denied claims must be based on C. Summary of Impacts
unlawful use. II. Public Participation
evidence recently developed or not DATES: To be assured consideration, III. Background
previously presented. It must be comments must be received at one of A. Opioid Use Disorder
submitted within 10 days of the the addresses provided below, no later B. Medication-Assisted Treatment
postmarked date of the letter denying than 5 p.m. on May 31, 2016. C. Statutory and Rulemaking History
the claim. The ruling official shall D. Current Process for Obtaining a
ADDRESSES: You may submit comments,
advise the Asset Forfeiture Coordinator Practitioner Waiver Under 21 U.S.C.
identified by Regulatory Information
if a timely reconsideration of the denial 823(g)(2)
Number (RIN) 0930–AA22, by any of the E. Evaluations of the Current System
is made. The Office of Inspector
following methods: F. Need for Rulemaking
General, Office of General Counsel shall • Electronically: Federal eRulemaking
rule on the reconsideration request. IV. Summary of Proposed Rule
Portal: Go to http://www.regulations.gov A. General
§ 230.42 Disposition of property declared and follow the instructions for B. Scope (§ 8.1)
abandoned where title vests in the submitting comments. C. Definitions (§ 8.2)
government. • Regular Mail or Hand Delivery or D. Opioid Treatment Programs (§§ 8.3–8.4)
Courier: Written comments mailed by E. Which practitioners are eligible for a
Property declared abandoned,
regular mail must be sent to the patient limit of 200? (§ 8.610)
including cash and proceeds from the F. What constitutes a qualified practice
sale of property subject to this part, may following address only: The Substance
setting? (§ 8.615)
be shared with federal, state, or local Abuse and Mental Health Services G. What is the process to request a patient
agencies. Abandoned property may also Administration, Department of Health limit of 200? (§ 8.620)
be destroyed, sold, or placed into and Human Services, Attn: Jinhee Lee, H. How will a request for patient limit
official use. However, before abandoned SAMHSA, 5600 Fishers Lane, Room increase be processed? (§ 8.625)
property can be shared with another 13E21C, Rockville, Maryland 20857. I. What must practitioners do in order to
Please allow sufficient time for mailed maintain their approval to treat up to 200
agency, sold, or placed into official use,
comments to be received before the patients under § 8.625? (§ 8.630)
the Executive Special Agent in Charge J. What are the reporting requirements for
must confer with the Office of Inspector close of the comment period.
• Express or Overnight Mail: Written practitioners whose request for patient
General, Office of General Counsel. limit increase is approved under § 8.625?
Unless the Executive Special Agent in comments sent by hand delivery, or (§ 8.635)
Charge determines the cash or proceeds regular, express or overnight mail must K. What is the process for renewing a
of the sale of the abandoned property be sent to the following address only: practitioner’s request for patient limit
are to be shared with other law The Substance Abuse and Mental increase approval? (§ 8.640)
enforcement agencies, such cash or Health Services Administration, L. What are the responsibilities of
Department of Health and Human practitioners who do not submit a
proceeds shall be converted to money renewal request for patient limit increase
orders and transmitted to: United States Services, Attn: Jinhee Lee, SAMHSA,
5600 Fishers Lane, Room 13E21C, or whose request is denied? (§ 8.645)
Postal Service, Disbursing Officer, 2825 M. Can SAMHSA suspend or revoke a
Lone Oak Parkway, Eagan, MN 55121– Rockville, Maryland 20857.
practitioner’s patient limit increase
Instructions: To avoid duplication,
9640. approval? (§ 8.650)
please submit only one copy of your N. Can a practitioner request to temporarily
Stanley F. Mires, comments by only one method. All treat up to 200 patients in emergency
Attorney, Federal Compliance. submissions received must include the situations? (§ 8.655)
[FR Doc. 2016–07103 Filed 3–29–16; 8:45 am] agency name and docket number or RIN V. Collection of information requirements
BILLING CODE 7710–12–P for this rulemaking. All comments VI. Regulatory Impact Analysis
received will become a matter of public A. Introduction
record and will be posted without B. Summary of the Proposed Rule
change to http://www.regulations.gov, C. Need for the Proposed Rule
DEPARTMENT OF HEALTH AND D. Analysis of Benefits and Costs
HUMAN SERVICES including any personal information E. Sensitivity Analysis
provided. For detailed instructions on F. Analysis of Regulatory Alternatives
42 CFR Part 8 submitting comments and additional G. Regulatory Flexibility Analysis
information on the rulemaking process VII. Agency Questions for Comment
RIN 0930–AA22
and viewing public comments, see the
Medication Assisted Treatment for ‘‘Public Participation’’ heading of the Acronyms
Opioid Use Disorders SUPPLEMENTARY INFORMATION section of
this document. ASAM American Society of Addiction
AGENCY: Substance Abuse and Mental Docket: For access to the docket to Medicine
Health Services Administration read background documents or CFR Code of Federal Regulations
(SAMHSA), HHS. comments received, go to http:// CSA Controlled Substances Act
DEA Drug Enforcement Administration
mstockstill on DSK4VPTVN1PROD with PROPOSALS
ACTION: Proposed rule. www.regulations.gov. FDA Food and Drug Administration
SUMMARY: The Secretary of the FOR FURTHER INFORMATION CONTACT: FR Federal Register
Department of Health and Human Jinhee Lee, Pharm.D., Public Health HHS Department of Health and Human
Advisor, Center for Substance Abuse Services
Services (the Secretary) (HHS) proposes HIV Human Immunodeficiency Virus
a rule to increase the highest patient Treatment, 240–276–0545, Email
address: MAT Medication-Assisted Treatment
limit for qualified physicians to treat NOI Notification of Intent
opioid use disorder under section WaiverRegulations@samhsa.hhs.gov. NPRM Notice of Proposed Rulemaking
303(g)(2) of the Controlled Substances SUPPLEMENTARY INFORMATION: OTP Opioid Treatment Program
VerDate Sep<11>2014 16:36 Mar 29, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\30MRP1.SGM 30MRP1](https://thefederalregister.org/doc/81_FR_17698/page/3.svg)
Document Created: 2016-03-30 09:28:37
Document Modified: 2016-03-30 09:28:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before April 29, 2016. | |
| Contact | Gladis Griffith, Office of General Counsel, (703) 248-4683. | |
| FR Citation | 81 FR 17637 | |
| CFR Associated | Administrative Practice and Procedure; Claims; Law Enforcement and Property (abandoned) |
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