[Federal Register Volume 63, Number 32 (Wednesday, February 18, 1998)]
[Rules and Regulations]
[Page 8126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3951]


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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