[Federal Register: August 27, 2004 (Volume 69, Number 166)]
[Rules and Regulations]
[Page 52606-52607]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au04-9]
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POSTAL SERVICE
39 CFR Part 912
Procedures To Adjudicate Claims for Personal Injury or Property
Damage Arising Out of the Operation of the U.S. Postal Service
AGENCY: Postal Service.
ACTION: Final rule.
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SUMMARY: This rule amends the Postal Service's regulations concerning
tort claims to correct mailing addresses and to clarify ambiguous
provisions.
DATES: Effective August 27, 2004.
FOR FURTHER INFORMATION CONTACT: Frank M. Bartholf, Managing Counsel,
General Law Service Center, P.O. Box 66640, St. Louis, MO 63166-6640;
telephone (314) 872-5120.
SUPPLEMENTARY INFORMATION: Amendment of part 912 is necessary to
reflect organizational changes that have occurred in the Postal Service
since the
[[Page 52607]]
last amendment of this part in 1984 (49 FR 19478), and to clarify
ambiguous provisions. This rule is a change in agency rules of
procedure that does not substantially affect any rights or obligations
of private parties. Therefore, it is appropriate for its adoption by
the Postal Service to become effective immediately.
List of Subjects in 39 CFR Part 912
Administrative practice and procedure; Claims.
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For the reasons set forth above, the Postal Service amends 39 CFR part
912 as follows:
PART 912--[AMENDED]
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1. The authority citation for part 912 continues to read as follows:
Authority: 28 U.S.C. 2671-2680; 28 CFR 14.1 through 14.11; 39
U.S.C. 409.
Sec. 912.2 [Amended]
0
2. In Sec. 912.2(b), remove ``or his designee'' and add ``or the
General Counsel's designee'' in its place.
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3. Revise Sec. 912.4 to read as follows:
Sec. 912.4 Place of filing.
Claims should be filed with the Tort Claims Coordinator for the
Postal Service District Office where the accident occurred, but may be
filed at any office of the Postal Service, or sent directly to the
Chief Counsel, National Tort Center, U.S. Postal Service, P.O. Box
66640, St. Louis, MO 63166-6640.
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4. Amend Sec. 912.5 by revising the last sentence of paragraph (a),
and paragraph (b) to read as follows:
Sec. 912.5 Administrative claim; when presented.
(a) * * * A standard Form 95 may be obtained from the local
District Tort Claims Coordinator, the National Tort Center, or online
at usa.gov (select Government forms).
(b) A claim presented in compliance with paragraph (a) of this
section may be amended by the claimant at any time prior to:
(1) The claimant's exercise of the option to file a civil action
pursuant to 28 U.S.C. 2675(a);
(2) The Postal Service's issuance of a payment in the full amount
of the claim; or
(3) The Postal Service's issuance of a written denial of the claim
in accordance with Sec. 912.9.
Sec. 912.9 [Amended]
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5. Amend Sec. 912.9 as follows:
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(a) Amend paragraph (b) by removing the phrase ``Assistant General
Counsel, Claims Division, U.S. Postal Service, Washington, DC 20260''
and adding ``Chief Counsel, National Tort Center, U.S. Postal Service,
P.O. Box 66640, St. Louis, MO 63166-6640'' in its place.
0
(b) Amend paragraph (c) by removing the phrase ``Assistant General
Counsel, Claims Division, U.S. Postal Service, Washington, DC 20260-
1111'' and adding ``Chief Counsel, National Tort Center, U.S. Postal
Service, P.O. Box 66640, St. Louis, MO 63166-6640'' in its place.
Sec. 912.10 [Amended]
0
6. In Sec. 912.10, remove the phrase ``or his designee'' and add ``or
the General Counsel's designee'' in its place.
Sec. 912.12 [Amended]
0
7. In Sec. 912.12, remove ``$2,500'' and add ``$5,000'' in its place.
Neva R. Watson,
Attorney, Legislative.
[FR Doc. 04-19195 Filed 8-26-04; 8:45 am]
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