[Federal Register: February 18, 1998 (Volume 63, Number 32)]
[Rules and Regulations]
[Page 8126]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18fe98-27]

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POSTAL SERVICE

39 CFR Part 946


Reimbursement for Sale of Abandoned Property

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: This final rule amends the Postal Service's disposition of
evidence and abandoned property regulations to provide that a person
submitting a valid claim for reimbursement of funds from the sale of
such property must be reimbursed the last appraised value of the
property prior to its sale.

EFFECTIVE DATE: This rule is effective February 18, 1998.

FOR FURTHER INFORMATION CONTACT: Walter E. Ladick, Program Manager,
Forfeiture Group, Postal Inspection Service, (202) 268-5475.

SUPPLEMENTARY INFORMATION: Postal Service regulations concerning the
disposition of property acquired by the Postal Inspection Service for
possible use as evidence are codified at 39 CFR part 946. Once the
evidentiary need to retain the property no longer exists, the Postal
Service returns the property to its rightful owner, unless the property
is contraband or subject to a court order. If no one submits a timely
claim for the property, it is considered abandoned and becomes the
property of the Postal Service, which may retain or sell it. Such
property, however, must be returned to the rightful owner if he or she
files a valid claim within three years from the date the property
became abandoned.
    Under the current rule, a person filing a valid claim for property
that has been sold must be reimbursed the amount of the proceeds
realized from the sale of such property, less costs incurred by the
Postal Service in selling the property and in returning or attempting
to return such property to the owner. Experience has demonstrated,
however, that efforts to valuate and dispose of low-value evidentiary
and abandoned properties vested to the Postal Service are inefficient
and not cost effective.
    In the future, such property will be included in sales of unclaimed
items that are held regularly at Postal Service mail recovery centers.
Since many like items are sold in lots at these sales, it would present
a problem to account for the sale price of each item. Therefore, this
new rule provides that the person submitting a valid claim for the
property that has been sold will be reimbursed the same amount as the
last appraised value of the property prior to its sale.

List of Subjects in 39 CFR Part 946

    Claims, Law enforcement, Postal Service.

    Accordingly, 39 CFR part 946 is amended as set forth below.

PART 946--RULES OF PROCEDURE RELATING TO THE DISPOSITION OF STOLEN
MAIL MATTER AND PROPERTY ACQUIRED BY THE POSTAL INSPECTION SERVICE
FOR USE AS EVIDENCE

    1. The authority citation for part 946 continues to read as
follows:

    Authority: 5 U.S.C. 552(a); 39 U.S.C. 401(2), (5), (8),
404(a)(7), 2003, 3001.
    2. Section 946.6(a)(2) is revised to read as follows:
    (a) * * *
    (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.
* * * * *
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 98-3951 Filed 2-17-98; 8:45 am]
BILLING CODE 7710-12-P