[Federal Register: November 1, 1996 (Volume 61, Number 213)]
[Rules and Regulations]               
[Page 56450]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

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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