[Federal Register Volume 61, Number 213 (Friday, November 1, 1996)]
[Rules and Regulations]
[Page 56450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27347]
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POSTAL SERVICE
39 CFR Part 233
Civil Penalties for Violations of Postal Orders
AGENCY: Postal Service.
ACTION: Final rule.
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SUMMARY: This rule is added to the Postal Service regulations on
Inspection Service/Inspector General authority in order to implement
civil penalties for violations of Postal Service Orders issued under 39
U.S.C. 3012, and to allow adjustments to civil monetary penalties
administered by the Postal Service.
EFFECTIVE DATE: October 23, 1996.
FOR FURTHER INFORMATION CONTACT: Jennifer Y. Angelo, (202) 268-3081.
SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation
Adjustment Act of 1990, 28 U.S.C. 2461 note, amended by the Debt
Collection Improvement Act of 1996, Pub. L. No. 104-134, section
31001(s), 110 Stat. 1321 (1996), requires agencies that assess civil
monetary penalties to adjust their civil monetary penalties for
inflation. The Postal Service may seek a civil penalty under 39 U.S.C.
3012 for violations of Postal Service Orders. The Postal Service is
governed by 28 U.S.C. 2641 note, and accordingly, adds section 233.12,
Civil Penalties, to 39 CFR part 233.
List of Subjects in 39 CFR Part 233
Administrative practice and procedure, Banks, Banking, Credit,
Crime, Law enforcement, Postal Service, Privacy, Seizures and
forfeitures.
For the reasons set out in this document, the Postal Service amends
39 CFR part 233 as follows:
PART 233--INSPECTION SERVICE/INSPECTOR GENERAL AUTHORITY
1. The authority citation for 39 CFR part 233 continues to read as
follows:
Authority: 39 U.S.C. 101, 401, 402, 403, 404, 406, 410, 411,
3005(e)(1); 12 U.S.C. 3401-4322; 18 U.S.C. 981, 1956, 1957, 2254,
3061; 21 U.S.C. 881; Inspector General Act of 1978, as amended (Pub.
L. No. 95-452 as amended), 5 U.S.C. App. 3.
2. Section 233.12 is added to read as follows:
Sec. 233.12 Civil penalties.
False representation and lottery orders--
(a) Issuance. Pursuant to 39 U.S.C. 3005, the Judicial Officer of
the Postal Service, acting upon a satisfactory evidentiary basis, may
issue a mail return and/or a cease and desist order against anyone
engaged in conducting a scheme or device for obtaining money or
property through the mail by means of a false representation, including
the mailing of matter which is nonmailable, or engaged in conducting a
lottery, gift enterprise, or scheme for the distribution of money or of
real or personal property, by lottery, chance, or drawing of any kind.
(b) Enforcement. Pursuant to 39 U.S.C. 3012, any person:
(1) Who, through the use of the mail, evades or attempts to evade
the effect of an order issued under 39 U.S.C. 3005(a)(1) or 3005(a)(2);
(2) Who fails to comply with an order issued under 39 U.S.C.
3005(a)(3); or
(3)Who (other than a publisher described by 39 U.S.C. 3007(b)) has
actual knowledge of any such order, is in privity with any person
described by paragraph (b) (1) or (2) of this section, and engages in
conduct to assist any such person to evade, attempt to evade, or fail
to comply with such order, as the case may be, through the use of the
mail;
shall be liable to the United States for a civil penalty in an amount
not to exceed $11,000 for each day that such person engages in conduct
described by this paragraph (b). A separate penalty may be assessed
under this paragraph (b) with respect to the conduct described by
paragraphs (b) (1), (2), or (3) of this section.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 96-27347 Filed 10-31-96; 8:45 am]
BILLING CODE 7710-12-P
