[Federal Register Volume 60, Number 30 (Tuesday, February 14, 1995)]
[Rules and Regulations]
[Pages 8305-8306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3559]
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POSTAL SERVICE
39 CFR Part 233
Notice of Seizure for Forfeiture
AGENCY: Postal Service.
ACTION: Final rule.
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SUMMARY: This final rule amends Postal Service forfeiture regulations
by changing the requirements of the notice of seizure that the Postal
Inspection Service must send to each known party that may have a
possessory or ownership interest in the seized property. The amended
notice must describe the property seized; state the date, place, and
cause for seizure; and inform the party of the intent of the Postal
Inspection Service to forfeit the property. Modifying the language of
the Postal Service's notice requirements will eliminate the redundancy
and make Postal Service forfeiture regulations more consistent with
Justice and Treasury forfeiture regulations.
EFFECTIVE DATE: February 14, 1995.
FOR FURTHER INFORMATION CONTACT: Frederick I. Rosenberg, Associate
Counsel, Postal Inspection Service, (202) 268-5477.
SUPPLEMENTARY INFORMATION: The forfeiture authority and regulations of
the Postal Service are published in 39 CFR 233.7. Section 233.7(h)(1)
contains the requirements for the notice of seizure that the Postal
Inspection Service must send to each known party that may have a
possessory or ownership interest in seized property having a value of
$500,000 or less, or for monetary instruments or conveyances that were
used to transport or store any controlled substance.
Included within the current requirements are provisions requiring
[[Page 8306]] the notice to state the statutory basis of the seizure
and a brief narration of the facts leading to the conclusion that the
property seized is subject to forfeiture. These two requirements are
somewhat redundant, and their language varies from the notice
requirements of the seizing agencies of the Departments of Justice and
Treasury. Modifying the language of the Postal Service's notice
requirements will eliminate the redundancy and make Postal Service
forfeiture regulations more consistent with Justice and Treasury
forfeiture regulations.
List of Subjects in 39 CFR Part 233
Crime, Law enforcement, Postal service, Seizures and forfeitures.
Accordingly, 39 CFR part 233 is amended as set forth below.
PART 233--INSPECTION SERVICE/INSPECTOR GENERAL AUTHORITY
1. The authority citation for 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. 3401-3422; 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 233.7(h)(1) is amended by revising the second sentence
to read as follows:
Sec. 233.7 Forfeiture authority and procedures.
* * * * *
(h) * * *
(1) * * * The notice must describe the property seized; state the
date, place, and cause for seizure; and inform the party of the intent
of the Postal Inspection Service to forfeit the property. * * *
* * * * *
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 95-3559 Filed 2-13-95; 8:45 am]
BILLING CODE 7710-12-P
