Procedures Relating to the Disposition of Property Acquired by the United States Postal Service Office of Inspector General for Use as Evidence, 50624-50625 [2016-18234]

Agencies

• Postal Service

[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)]
[Rules and Regulations]
[Pages 50624-50625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18234]


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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.

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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