[Federal Register Volume 67, Number 193 (Friday, October 4, 2002)]
[Rules and Regulations]
[Pages 62178-62179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25168]


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POSTAL SERVICE

39 CFR Parts 952, 957, 958, 960, 962, 964, 965


Rules of Practice Before the Judicial Officer

AGENCY: Postal service.

ACTION: Final rule.

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SUMMARY: The Postal Service is amending the Rules of Practice in 
Proceedings Relative to the Program Fraud Civil Remedies Act to reflect 
the change in primary responsibility to investigate violations of the 
Program Fraud Civil Remedies Act from the Postal Inspection Service to 
the Postal Service Inspector General. In addition, these rules of 
practice as well as the rules of practice in other proceedings before 
the Judicial Officer are being amended to correct typographical errors 
and omissions and make other technical changes.

EFFECTIVE DATE: October 4, 2002.

FOR FURTHER INFORMATION CONTACT: Diane M. Mego, (703) 812-1905.

SUPPLEMENTARY INFORMATION: As part of the creation of the Office of 
Inspector General in 1996, certain functions were transferred from the 
Postal Inspection Service to the Postal Service Office of Inspector 
General. Part 962 is being revised to reflect that investigations under 
this part are now conducted by the Office of Inspector General. In 
addition, these rules of practice as well as the rules of practice in 
other proceedings before the Judicial Officer are being amended to 
correct typographical errors and omissions and make other technical 
changes.
    These revisions are changes in agency rules of practice before the 
Judicial Officer and 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

39 CFR Part 952

    Administrative practice and procedure, Fraud, Lotteries, Postal 
Service.

[[Page 62179]]

39 CFR Part 957

    Administrative practice and procedure, Debarment, Suspension, 
Postal Service.

39 CFR Part 958

    Administrative practice and procedure, Postal Service.

39 CFR Part 960

    Administrative practice and procedure, Claims, Equal Access to 
Justice Act, Postal Service.

39 CFR Part 962

    Administrative practice and procedure, Fraud, Program Fraud Civil 
Remedies Act, Postal Service.

39 CFR Part 964

    Administrative practice and procedure, Fictitious names or 
addresses, Fraud, Lotteries, Postal Service.

39 CFR Part 965

    Administrative practice and procedure, Mail disputes, Postal 
Service.

PART 952--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO FALSE 
REPRESENTATION AND LOTTERY ORDERS

    The Postal Service adopts amendments to 39 CFR part 952 as 
specifically set forth below:
    1. The authority citation for part 952 continues to read as 
follows:

    Authority: 39 U.S.C. 204, 401, 3005, 3012, 3016.


Sec.  952.5  [Amended]

    2. Section 952.5 is amended by revising ``know'' to read ``known'' 
in the next to last sentence of the paragraph.


Sec.  952.33  [Amended]

    3. Section 952.33 is amended by revising ``Law Librarian'' to read 
``Librarian'' and by revising ``Law Library'' to read ``Library''.

PART 957--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO DEBARMENT 
AND SUSPENSION FROM CONTRACTING

    The Postal Service adopts amendments to 39 CFR part 957 as 
specifically set forth below:
    1. The authority citation for part 957 continues to read as 
follows:

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


Sec.  957.2  [Amended]

    2. Section 957.2 is amended to revise the word ``Procurement'' to 
read ``Purchasing''.

PART 958--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE REFUSAL 
TO PROVIDE POST OFFICE BOX OR CALLER SERVICE AND THE TERMINATION OF 
POST OFFICE BOX OR CALLER SERVICE

    The Postal Service adopts amendments to 39 CFR part 958 as 
specifically set forth below:
    1. The authority citation for part 958 continues to read as 
follows:

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


Sec.  958.3  [Amended]

    2. Section 958.3(d) is amended by revising ``asgency'' to read 
``agency''.

PART 960--RULES RELATIVE TO IMPLEMENTATION OF THE EQUAL ACCESS TO 
JUSTICE ACT IN POSTAL SERVICE PROCEEDINGS

    The Postal Service adopts amendments to 39 CFR part 960 as 
specifically set forth below:
    1. The authority citation for part 960 continues to read as 
follows:

    Authority: 5 U.S.C. 504(c)(1); 39 U.S.C. 204, 401(2).


Sec.  960.3  [Amended]

    2. Section 960.3(b) is amended to revise ``preclued'' in the second 
sentence to read ``preclude''.

PART 962--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE PROGRAM 
FRAUD CIVIL REMEDIES ACT

    The Postal Service adopts amendments to 39 CFR part 962 as 
specifically set forth below:
    1. The authority citation for part 962 continues to read as 
follows:

    Authority: 31 U.S.C. Chapter 38; 39 U.S.C. 401.


Sec.  962.2  [Amended]

    2. Section 962.2(d) and (m) are revised to read as follows:


Sec.  962.2  Definitions.

* * * * *
    (d) Investigating Official refers to the Inspector General of the 
United States Postal Service or any designee within the Office of the 
Inspector General.
* * * * *
    (m) Reviewing Official refers to the General Counsel of the Postal 
Service or any designee within the Law Department who serves in a 
position for which the rate of basic pay is not less than the minimum 
rate payable under section 5376 of title 5 of the United States Code.


Sec.  962.12  [Amended]

    3. Section 962.12(f)(1) is amended by adding ``not'' after ``is''.


Sec.  962.13  [Amended]

    4. Section 962.13(f)(2) is amended by revising the word 
``marshall'' to read ``marshal'' wherever it appears.


Sec.  962.21  [Amended]

    5. Section 962.21(b)(4) is amended by revising ``.hat'' to read 
``that''.

PART 964--RULES OF PRACTICE GOVERNING DISPOSITION OF MAIL WITHHELD 
FROM DELIVERY PURSUANT TO 39 U.S.C. 3003, 3004

    The Postal Service adopts amendments to 39 CFR part 964 as 
specifically set forth below:
    1. The authority citation for part 964 continues to read as 
follows:

    Authority: 39 U.S.C. 204, 401, 3003, 3004.


Sec.  964.1  [Amended]

    2. Section 964.1 is amended by adding ``States'' after ``United''.


Sec.  964.2  [Amended]

    3. Section 964.2 is amended by removing ``Service'' after 
``Postal''.

PART 965--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO MAIL 
DISPUTES

    The Postal Service adopts amendments to 39 CFR part 965 as 
specifically set forth below:
    1. The authority citation for part 965 continues to read as 
follows:

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


Sec.  965.3  [Amended]

    2. Section 965.3 is amended by removing ``475 L'Enfant Plaza West, 
SW.,''.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 02-25168 Filed 10-3-02; 8:45 am]
BILLING CODE 7710-FW-P