81 FR 50624 - 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 148 (August 2, 2016)
Federal Register Volume 81, Issue 148 (August 2, 2016)
| Page Range | 50624-50625 | |
| FR Document | 2016-18234 |
[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)] [Rules and Regulations] [Pages 50624-50625] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18234] ======================================================================= ----------------------------------------------------------------------- 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: Final rule. ----------------------------------------------------------------------- SUMMARY: This 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: Effective: August 2, 2016. FOR FURTHER INFORMATION CONTACT: Gladis Griffith, Office of General Counsel, (703) 248-4683. SUPPLEMENTARY INFORMATION: On March 30, 2016, the Postal Service published a proposed rule to establish procedures for the disposition of abandoned property held by the United States Postal Service Office of Inspector General (81 FR 17637). 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 objective of the proposed rule was to 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. No comments were received in response to the proposed rule. Upon further consideration, however, the Postal Service determined it would be appropriate to make non-substantive changes in proposed Sec. Sec. 230.31 and 230.42 to clarify their meaning. Accordingly, in Sec. 230.31, the definition of Ruling Official has been clarified; and in Sec. 230.42, more specific instructions have been provided to special agents for the disposition and conversion of abandoned property. 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 amends 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 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. 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 ultimate control over and the right to use property. (c) Claimant. A person who submits a claim for abandoned or other unclaimed property. (d) Ruling official. The official who has the authority to grant or deny a claim for abandoned or other unclaimed property, typically the Executive Special Agent in Charge of the Area Field Office where the property is located, or a designee. 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. [[Page 50625]] 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 denied, the claimant shall be advised of the reason for such denial. For claims involving firearms or contraband, the ruling official shall consult with the Office of Inspector General, Office of General Counsel prior to rendering a decision. 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 law enforcement 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. Abandoned property that is not shared with other agencies shall be converted into a monetary instrument and deposited into the Postal Service Fund established by 39 U.S.C. 2003. The Executive Special Agent in Charge of Headquarters Operations, or a designee, in consultation with the Office of General Counsel, shall determine which accounts within the Postal Service Fund will receive the proceeds of abandoned property. Stanley F. Mires, Attorney, Federal Compliance. [FR Doc. 2016-18234 Filed 8-1-16; 8:45 am] BILLING CODE 7710-12-P
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enforcement of the safety zone by opportunity to claim its return, and in 230.41 Reconsideration of claims.
Federal, State, and local agencies. the event a valid claim is not received, 230.42 Disposition of property declared
(e) Enforcement period. This section treat such property as abandoned and abandoned where title vests in the
will be enforced from 8:30 p.m. through direct that it be sold or put to official government.
10:30 p.m. on August 6, 2016, with a use. Apparent owners would be notified § 230.30 Scope.
rain date on August 7, 2016. of their right to claim property, and
Dated: July 19, 2016. where no apparent owner is known and This subpart prescribes procedures
the value of the property in question governing the disposition of any
Richard J. Wester,
exceeds $200, notice would be property (real, personal, tangible, or
Captain, U.S. Coast Guard, Captain of the intangible) obtained by the United
Port Hampton Roads. published on the Office of Inspector
General’s Web site inviting the owner to States Postal Service Office of Inspector
[FR Doc. 2016–18339 Filed 8–1–16; 8:45 am]
submit a claim for its return. General (Office of Inspector General) for
BILLING CODE 9110–04–P possible use as evidence after the need
No comments were received in
response to the proposed rule. Upon to retain such property no longer exists.
further consideration, however, the
POSTAL SERVICE § 230.31 Definitions.
Postal Service determined it would be
appropriate to make non-substantive The following definitions apply to
39 CFR Part 230
changes in proposed §§ 230.31 and this subpart:
Procedures Relating to the Disposition 230.42 to clarify their meaning. (a) Apparent. That which is clear,
of Property Acquired by the United Accordingly, in § 230.31, the definition plain, and evident.
States Postal Service Office of of Ruling Official has been clarified; and
in § 230.42, more specific instructions (b) Owner. The person recognized by
Inspector General for Use as Evidence the law as having ultimate control over
have been provided to special agents for
AGENCY: Postal Service. the disposition and conversion of and the right to use property.
ACTION: Final rule. abandoned property. (c) Claimant. A person who submits a
List of Subjects in 39 CFR Part 230 claim for abandoned or other unclaimed
SUMMARY: This rule establishes property.
procedures for the disposition of Administrative practice and
abandoned property held by the United procedure, Claims, Law enforcement, (d) Ruling official. The official who
States Postal Service Office of Inspector Property (abandoned). has the authority to grant or deny a
General. The rule establishes procedures claim for abandoned or other unclaimed
For the reasons stated in the property, typically the Executive
for determining the ownership of preamble, the Postal Service amends 39
abandoned property, the advertisement Special Agent in Charge of the Area
CFR part 230 as follows: Field Office where the property is
of abandoned items with no apparent
owner held by the Office of Inspector PART 230—OFFICE OF INSPECTOR located, or a designee.
General, and the disposal of items GENERAL § 230.32 Disposition of property of
declared abandoned. apparent owners where property is valued
■ 1. The authority citation for part 230 over $200.
DATES: Effective: August 2, 2016.
continues to read as follows:
FOR FURTHER INFORMATION CONTACT: Where an apparent owner of property
Gladis Griffith, Office of General Authority: 5 U.S.C. App.3; 39 U.S.C.
401(2) and 1001. subject to this subpart is known, and the
Counsel, (703) 248–4683. estimated value of the property exceeds
SUPPLEMENTARY INFORMATION: On March ■ 2. Add subpart C to read as follows: $200, the owner shall be notified by
30, 2016, the Postal Service published a certified mail at his last known address.
Subpart C—Rules of Procedure
proposed rule to establish procedures The written notice shall describe the
Relating to the Disposition of Stolen
for the disposition of abandoned property and the procedure for filing a
Mail Matter and Property Acquired by
property held by the United States claim for its return (see, §§ 230.36 and
the Office Of Inspector General for Use
Postal Service Office of Inspector 230.39). Such claims must be filed
as Evidence
General (81 FR 17637). within 30 days from the date the written
In the course of conducting official Sec. notice is postmarked. If the apparent
investigations, Special Agents of the 230.30 Scope. owner of the property fails to file a
United States Postal Service Office of 230.31 Definitions. timely claim, the property is considered
Inspector General frequently recover 230.32 Disposition of property of apparent abandoned and must be disposed of as
property lost or stolen from the mail and owners where property is valued over provided in § 230.38.
obtain custody of property needed for $200.
230.33 Disposition of property of apparent § 230.33 Disposition of property of
use as evidence in proceedings to owners where property is valued at $200 apparent owners where property is valued
enforce various provisions of the United or less. at $200 or less.
States Code. In most cases, such 230.34 Disposition of property of unknown
property is returned to the owner at the owners where property is valued over Where an apparent owner of property
conclusion of the investigation or any $200. subject to this subpart is known, and the
resulting administrative or judicial 230.35 Disposition of property of unknown estimated value of the property is $200
proceedings. In some cases, however, owners where property is valued at $200 or less, the Executive Special Agent in
the owners fail to claim property, and it or less. Charge, or a designee, should attempt to
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therefore remains in the custody of the 230.36 Contraband and property subject to return the property to the owner. If
court order.
Office of Inspector General after it is no 230.37 Determination of type of property.
successful, the Executive Special Agent
longer needed. The objective of the 230.38 Disposition of abandoned property; in Charge shall request the owner sign
proposed rule was to establish a fair and additional period for filing claims. a Hold Harmless Agreement. If not, the
uniform procedure to identify the 230.39 Submission of claims. Executive Special Agent in Charge shall
owners of such property, afford them an 230.40 Determination of claims. vest title in the Government.
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§ 230.34 Disposition of property of § 230.37 Determination of type of property. results of the investigation must be
unknown owners where property is valued If the Office of Inspector General is submitted to the ruling official, who
over $200. unable to determine whether the must approve or deny the claim by
(a) Where no apparent owner of personal property in its custody is written decision, a copy of which must
property subject to this subpart is abandoned or voluntarily abandoned, it be forwarded to the claimant by
known, except property described in shall contact the Office of Inspector certified mail. If the claim is granted,
§ 230.36, and the estimated value of the General, Office of General Counsel for the conditions of relief and the
property exceeds $200, the Executive such a determination. procedures to be followed to obtain the
Special Agent in Charge, or a designee, relief shall be set forth. If the claim is
must publish notice providing the § 230.38 Disposition of abandoned
property; additional period for filing claims. denied, the claimant shall be advised of
following information: the reason for such denial. For claims
(1) A description of the property, (a) Upon expiration of the time
provided in §§ 230.32 and 230.34 for the involving firearms or contraband, the
including model or serial numbers, if ruling official shall consult with the
known; filing of claims or any extension thereof,
and without the receipt of a timely Office of Inspector General, Office of
(2) A statement of the location where claim, the property described in the General Counsel prior to rendering a
the property was found; notice is considered abandoned and decision.
(3) The name, address, and telephone becomes the property of the
number of the Executive Special Agent § 230.41 Reconsideration of claims.
Government. However, if the owner
in Charge who has custody of the satisfies the requirements of paragraph A written request for reconsideration
property; and (b) of this section, except for property of denied claims must be based on
(4) A statement inviting any person described in § 230.36, such abandoned evidence recently developed or not
who believes he or she is fully entitled property must be returned to the owner previously presented. It must be
to the property to submit a claim for its if a valid claim is filed within three submitted within 10 days of the
return with the Executive Special Agent years from the date the property became postmarked date of the letter denying
in Charge identified in the notice. Such abandoned, with the following the claim. The ruling official shall
claim must be submitted within 30 days qualifications: advise the Asset Forfeiture Coordinator
from the date of first publication of the (1) Where property has been placed in
notice. if a timely reconsideration of the denial
official use by the Office of Inspector
is made. The Office of Inspector
(b) The notice under paragraph (a) of General, a person submitting a valid
General, Office of General Counsel shall
this section must be published for three claim under this section must be
consecutive weeks on the Office of rule on the reconsideration request.
reimbursed the fair market value of the
Inspector General’s Web site. property at the time title vested in the § 230.42 Disposition of property declared
Office of Inspector General, less costs abandoned where title vests in the
§ 230.35 Disposition of property of
incurred in returning or attempting to government.
unknown owners where property is valued
at $200 or less. return such property to the owner; or
(2) Where property has been sold, a Property declared abandoned,
Where the owner of property subject person submitting a valid claim under including cash and proceeds from the
to this subpart is unknown and the this section must be reimbursed the sale of property subject to this part, may
estimated value of the property is $200 same amount as the last appraised value be shared with federal, state, or local
or less, no notice is required, and the of the property prior to the sale of such law enforcement agencies. Abandoned
Executive Special Agent in Charge, or a property. property may also be destroyed, sold, or
designee, should vest title in the (b) In order to present a valid claim placed into official use. However, before
Government, subject to the rights of the under paragraph (a) of this section, the abandoned property can be shared with
owner to submit a valid claim as claimant must establish he or she had another agency, sold, or placed into
provided in § 230.38. no actual or constructive notice that he official use, the Executive Special Agent
§ 230.36 Contraband and property subject or she was entitled to file a claim in Charge must confer with the Office of
to court order. pursuant to § 230.32 or § 230.34 prior to Inspector General, Office of General
the date the property became Counsel. Abandoned property that is
Claims submitted with respect to abandoned. Publication of a notice
property subject to this subpart, not shared with other agencies shall be
pursuant to § 230.34 provides converted into a monetary instrument
possession of which is unlawful, must constructive notice, unless a claimant
be denied, in writing, by certified mail, and deposited into the Postal Service
can demonstrate circumstances that Fund established by 39 U.S.C. 2003. The
and the person submitting the claim reasonably precluded his or her access
must be accorded 45 days from the Executive Special Agent in Charge of
to the published notice. Headquarters Operations, or a designee,
postmarked date to institute judicial
proceedings to challenge the denial. If § 230.39 Submission of claims. in consultation with the Office of
judicial proceedings are not instituted Claims submitted pursuant to this General Counsel, shall determine which
within 45 days, or any extension of time subpart must be submitted on Postal accounts within the Postal Service Fund
for good cause shown, the contraband Service Form 1503, which may be will receive the proceeds of abandoned
property must be destroyed unless the obtained from the Executive Special property.
Executive Special Agent in Charge, or a Agent in Charge who has custody of the
designee, determines that it should be Stanley F. Mires,
property.
Lhorne on DSK30JT082PROD with RULES
placed in official use by the Office of Attorney, Federal Compliance.
Inspector General. Property subject to § 230.40 Determination of claims. [FR Doc. 2016–18234 Filed 8–1–16; 8:45 am]
this part, the disposition of which is Upon receipt of a claim under this BILLING CODE 7710–12–P
involved in litigation or is subject to an subpart, the Office of Inspector General
order of court, must be disposed of as must conduct an investigation to
determined by the court. determine the merits of the claim. The
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Document Created: 2016-08-02 01:47:43
Document Modified: 2016-08-02 01:47:43
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective: August 2, 2016. | |
| Contact | Gladis Griffith, Office of General Counsel, (703) 248-4683. | |
| FR Citation | 81 FR 50624 |
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