[Federal Register Volume 71, Number 177 (Wednesday, September 13, 2006)]
[Rules and Regulations]
[Pages 53971-53972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15113]


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POSTAL SERVICE

39 CFR Parts 952, 953, and 964


Rules of Practice in Proceedings Relative to False Representation 
and Lottery Cases, Determinations of Nonmailability and Disposition of 
Mail Withheld From Delivery: Changes in Responsibility for Litigation

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: The Postal ServiceTM is transferring responsibility 
for representation of the Postal Service in certain consumer protection 
administrative actions before the Judicial Officer Department from the 
Office of the General Counsel to the Inspection Service Office of 
Counsel.

DATES: Effective Date: September 13, 2006.

FOR FURTHER INFORMATION CONTACT: Diane Mego, Staff Counsel, Judicial 
Office, 703-812-1905.

SUPPLEMENTARY INFORMATION: Administrative adjudications involving false 
representation, illegal lotteries, and

[[Page 53972]]

false and fictitious names or addresses have been brought before the 
Postal Service Judicial Office Department by attorneys assigned to the 
Office of General Counsel, with the inspector-attorneys serving as co-
counsel. These matters will now be brought before the judicial officer 
by representatives assigned to the Inspection Service Office of 
Counsel. In addition, the Inspection Service Office of Counsel will 
also assume responsibility for representation of the Postal Service in 
appeals of determinations of nonmailability arising in connection with 
illegal lottery materials and fraudulent payment instruments identified 
at ports of entry into the United States by Customs and Border 
Protection agents. The Office of General Counsel will, however, 
continue to represent the Postal Service in mailability proceedings 
arising from appeals of decisions of the Pricing and Classification 
Service Center.

List of Subjects in 39 CFR Parts 952, 953 and 964

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

0
For the reasons set out in this document, the Postal Service amends 39 
CFR parts 952, 953 and 964 as set forth below.

PART 952--[AMENDED]

0
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]

0
2. In Sec.  952.5, in the first sentence remove the words ``General 
Counsel of the Postal Service or his designated representative'' and 
add in their place the words ``the Chief Postal Inspector or his or her 
designated representative.'' In the last sentence of the first 
paragraph remove the words ``General Counsel'' and add in their place 
the words ``Chief Postal Inspector or his or designee.''


Sec.  952.29  [Amended]

0
3. In Sec.  952.29, in the second sentence remove the words ``General 
Counsel'' and add in their place the words ``Chief Postal Inspector or 
his or her designee.''


Sec.  952.30  [Amended]

0
4. In Sec.  952.30, in the first sentence remove the words ``General 
Counsel'' and add in their place the words ``Chief Postal Inspector or 
his or her designee.''

PART 953--[AMENDED]

0
5. The authority citation for 39 CFR part 953 continues to read as 
follows:

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


Sec.  953.3  [Amended]

0
6. In Sec.  953.3, in Sec.  953.3(e) add the words ``or Chief Postal 
Inspector's or his or her designee's reply'' after the words ``General 
Counsel's.''


Sec.  953.4  [Amended]

0
7. Amend Sec.  953.4 as follows:
0
A. In paragraph (a) introductory text, add the words ``or Chief Postal 
Inspector's or his or her designee's'' after the words ``General 
Counsel's.''
0
B. In paragraph (a)(2)(i) add the words ``or the Chief Postal Inspector 
or his or her designee'' after the words ``General Counsel.''
0
C. In paragraph (b), in the first sentence add the words ``or the Chief 
Postal Inspector or his or her designee'' after the words ``General 
Counsel'' and in the second sentence add the words ``or the Chief 
Postal Inspector's or his or her designee's'' after the words ``General 
Counsel's.''
0
D. In paragraph (c), add the words ``, the Chief Postal Inspector, or 
his or her designee,'' after the words ``General Counsel.''


Sec.  953.7  [Amended]

0
8. In Sec.  953.7 [Amended], in the first sentence add the words ``or 
the Chief Postal Inspector or his or her designee'' after the words 
``General Counsel.'' In the second sentence add the words ``or the 
Chief Postal Inspector or his or her designee'' after the words 
``General Counsel.''


Sec.  953.16  [Amended]

0
9. In Sec.  953.16 in the third sentence add the words ``or Chief 
Postal Inspector or his or her designee'' after the words ``General 
Counsel.'' In the fifth sentence, add the words ``or Chief Postal 
Inspector or his or her designee'' after the words ``General Counsel.''

PART 964--[AMENDED]

0
10. The authority citation for 39 CFR part 964 continues to read as 
follows:

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


0
11. Amend Sec.  964.3 as follows:


Sec.  964.3  [Amended]

0
A. In paragraph (a), in the fifth sentence remove the words ``General 
Counsel'' and add in their place the words ``Chief Postal Inspector or 
his or her designee.'' In the last sentence, remove the words ``General 
Counsel'' and add in their place the words ``Chief Postal Inspector or 
his or her designee.''
0
B. In paragraph (b), the last sentence, remove the words ``General 
Counsel'' and add in their place the words ``Chief Postal Inspector or 
his or her designee.''
0
C. In paragraph (c), remove the words ``General Counsel'' and add in 
their place the words ``Chief Postal Inspector or his or her 
designee.''
0
D. In paragraph (d), remove the words ``General Counsel'' and add in 
their place the words ``Chief Postal Inspector or his or her 
designee.''


Sec.  964.20  [Amended]

0
12. In Sec.  964.20, remove the words ``General Counsel'' and add in 
their place the words ``Chief Postal Inspector or his or her 
designee.''

Stanley F. Mires
Chief Counsel, Legislative and Policy.
 [FR Doc. E6-15113 Filed 9-12-06; 8:45 am]
BILLING CODE 7710-12-P