[Federal Register Volume 62, Number 20 (Thursday, January 30, 1997)]
[Rules and Regulations]
[Page 4459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2248]


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POSTAL SERVICE
39 CFR Part 963


Rules of Practice in Proceedings Relative to Violations of the 
Pandering Advertisements Statute

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: The Postal Service has established a new organization to 
process administrative violation cases under the Pandering 
Advertisements Statute. It has also adopted a new application form for 
obtaining the statutory remedy. This rule makes technical amendments 
reflecting these actions.

EFFECTIVE DATE: January 30, 1997.

FOR FURTHER INFORMATION CONTACT: Diane Mego, Staff Attorney, Judicial 
Officer Department (202) 268-5438.

SUPPLEMENTARY INFORMATION: The Postal Service has established a new 
organization, called the Prohibitory Order Processing Center, to assume 
the administrative functions performed by Customer Service & Sales 
Districts under the Pandering Advertisements Statute, 39 U.S.C. 3008. 
One of those functions is issuing complaints when there is evidence 
indicating that mailers of pandering advertisements have commited 
violations of prohibitory orders. The statute provides for an 
administrative hearing if duly requested by a mailer receiving such a 
complaint. The procedural rules for conducting the hearing are 
contained in 39 CFR part 963. Such rules are issued and revised, as 
needed, by the Judicial Officer of the Postal Service, pursuant to 39 
CFR 226.2(e)(1).
    Amendment of part 963 is needed to substitute references to the 
Prohibitory Order Processing Center Manager for references to the 
Customer Services District Manager. An additional amendment is needed 
to insert the number and title of the new form used to apply for a 39 
U.S.C. 3008 prohibitory order--viz., PS Form 1500, Application for 
Listing and/or Prohibitory Order--in place of the number and title of 
the superseded form--viz., PS Form 2150, Notice for Prohibitory Order 
Against Sender of Pandering Advertisement in the Mails. Also, several 
grammatical amendments are needed to reflect gender neutrality.
    The Judicial Officer is making these revisions that are to be 
adopted by the Postal Service. They are changes in agency rules of 
procedure that do not substantially affect any rights or obligations of 
private parties. Therefore, it is appropriate for their adoption by the 
Postal Service to become effective immediately.

List of Subjects in 39 CFR Part 963

    Administrative practice and procedure, Advertising, Postal Service.

    Accordingly, the Postal Service adopts amendments to 39 CFR part 
963 as specifically set forth below:

PART 963--[AMENDED]

    1. The authority citation for Part 963 continues to read as 
follows:

    Authority: 39 U.S.C. 204, 401, 3008.


Sec. 963.2  [Amended]

    2. Section 963.2 is amended by adding ``the Prohibitory Order 
Processing Center Manager'' after removing ``a Customer Services 
District Manager''.


Sec. 963.3  [Amended]

    3. Section 963.3(a) is amended by adding ``or her'' after ``his''.
    4. Section 963.3(c) is amended by adding ``1500, Application for 
Listing and/or Prohibitory Order'' after removing ``2150, Notice for 
Prohibitory Order Against Sender of Pandering Advertisement in the 
Mails''.
    5. Section 963.3(e) is amended by adding ``or her'' after ``his''.


Sec. 963.4  [Amended]

    6. Section 963.4(a) is amended by adding ``or her'' after ``his''.


Sec. 963.8  [Amended]

    7. Section 963.8, introductory text, is amended by adding ``or 
her'' after ``his'' wherever it appears.


Sec. 963.11  [Amended]

    8. Section 963.11 is amended by adding ``or her'' after ``his''.


Sec. 963.14  [Amended]

    9. Section 963.14 is amended by adding ``or she'' after ``he''.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 97-2248 Filed 1-29-97; 8:45 am]
BILLING CODE 7710-12-P