Federal Register / Vol. 65, No. 96 / Wednesday, May 17, 2000 / Rules and Regulations 31265

§ 122.15 User fee airports.

* * * * *

(b)List of user fee airports. * * *

Location Name

Addison, Texas ......... Addison Airport.

Blountville, Tennessee.Tri-City Regional Airport.

Blytheville, Arkansas Arkansas Aeroplex.

Broomfield, Colorado Jefferson County Airport.

Daytona Beach, Florida.Daytona Beach International Airport.

Decatur, Indiana ........ Decatur Airport.

Dublin, Virginia .......... New River Valley Airport.

Egg Harbor Township, New Jersey.Atlantic City International Airport.

Englewood, Colorado Centennial Airport.

Fargo, North Dakota Hector International

Airport.

Fort Wayne, Indiana Baer Field Airport.

Fort Worth, Texas ..... Fort Worth Alliance

Airport.

Johnson City, New

York.

Binghamton Regional

Airport.

Lexington, Kentucky .. Blue Grass Airport.

Manchester, New

Hampshire.

Manchester Airport.

Medford, Oregon ....... Rogue Valley International Airport.

Melbourne, Florida .... Melbourne Airport.

Midland, Texas .......... Midland International

Airport.

Morristown, New Jersey.Morristown Municipal

Airport.

Moses Lake, Washington.Port of Moses Lake.

Myrtle Beach, South

Carolina.

Myrtle Beach International Airport.

Ocala, Florida ............ Ocala Regional Airport.

Palm Springs, California.Palm Springs International Airport.

Rochester, Minnesota Rochester Airport.

San Bernardino, California.San Bernardino International Airport.

Sarasota, Florida ....... Sarasota/Bradenton

International Airport.

Scottsdale, Arizona ... Scottsdale Airport.

Terre Haute, Indiana Hulman Regional Airport.

Victorville, California Southern California

Logistics Airport.

Waterford, Michigan .. Oakland International

Airport.

Waukegan, Illinois ..... Waukegan Regional

Airport.

West Chicago, Illinois Dupage County Airport.

West Trenton, New

Jersey.

Trenton Mercer Airport.

Wheeling, Illinois ....... Palwaukee Airport.

Wilmington, Ohio ....... Wilmington Airport.

Ypsilanti, Michigan .... Willow Run Airport.

* * * * *

Raymond W. Kelly,

Commissioner of Customs.

Approved: March 30, 2000.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 00–12366 Filed 5–16–00; 8:45 am]

BILLING CODE 4820–02–P

POSTAL SERVICE

39 CFR Part 913

Procedures for the Issuance of

Administrative Subpoenas Under 39

U.S.C. 3016

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: This final rule establishes

procedures for the issuance of

administrative subpoenas in

investigations of false representations

and lotteries under 39 U.S.C. 3005(a). It

adopts with changes a proposed rule

published for public comment on March

16, 2000 (65 FR 14229–30). For reasons

stated below, this rule will become

effective immediately.

EFFECTIVE DATE: May 17, 2000.

FOR FURTHER INFORMATION CONTACT:

Elizabeth P. Martin, (202) 268–3022.

SUPPLEMENTARY INFORMATION: The

Deceptive Mail Prevention and

Enforcement Act, Public Law 106–168,

113 Stat. 1806 (December 12, 1999),

generally amended chapter 30 of title

39, United States Code, to make

nonmailable certain deceptive matter

relating to sweepstakes, skill contests,

and facsimile checks. It also amended

provisions relating to administrative

procedures and orders, and added civil

penalties relating to such matters.

Under new 39 U.S.C. 3016, the

Postmaster General has authority to

issue administrative subpoenas

requiring the production of any records

(including books, papers, documents,

and other tangible things which

constitute or contain evidence) which

the Postmaster General considers

relevant or material in any investigation

conducted under 39 U.S.C. 3005(a),

dealing with false representations and

lotteries.

On March 16, 2000, the Postal Service

published in the Federal Register a

proposed new Part 913 to title 39 of the

Code of Federal Regulations to establish

the procedures to be used for the

issuance of the administrative

subpoenas authorized under 39 U.S.C.

3016 (65 FR 14229–30). The proposed

rules set forth the conditions under

which subpoenas may be issued, the

methods of service of subpoenas, the

means by which subpoenas may be

enforced, and the restrictions on the

disclosure of subpoenaed information.

Although exempt by 39 U.S.C. 410(a)

from the notice and comment

requirements of the Administrative

Procedure Act, the Postal Service

invited comments on the proposed new

Part 913. The Postal Service received

two comments, and has considered and

incorporated several of the points raised

therein.

Publishers Clearing House (PCH)

suggested that § 913.1(a) should

acknowledge that the authority to issue

the subpoenas lies with the Postmaster

General. The regulation has been

changed to clarify that fact. Both PCH

and the Postal Service Office of the

Inspector General (OIG) expressed

concern that the regulations should

more closely track the language of the

statute regarding conditions precedent

to the issuance of a subpoena. A new

§ 913.1(c) has been added to address

those concerns. Current subsections (c)

and (d) are relettered as (d) and (e). New

§ 913.1(d)(3) similarly addresses the

concern regarding conditions precedent.

New section 913(d)(1) is changed to

clarify that only a specifically

authorized Inspector may submit a

request. At the suggestion of the OIG,

new 913.1(d)(4) is changed to clarify

that the General Counsel, at his or her

discretion, may issue or deny a

subpoena, require additional

information, or honor requests to amend

or supplement a request.

Both the OIG and PCH expressed

concerns with respect to the clarity of

§ 913.4. We have considered their

suggestions, however, we have not

adopted their proposed language. The

language published is that which is

contained in the statute, and thus any

lack of clarity is statutory. We interpret

that language to state that anything

turned over pursuant to a subpoena is

exempt from release under the Freedom

of Information Act.

Finally, the OIG suggested that certain

new reporting requirements concerning

the number of cases in which the

authority under 39 U.S.C. 3016 is used

should be addressed by these

regulations. We have determined that

the reporting requirements are not

relevant to the process by which

subpoenas are requested and issued,

and have declined to make the

suggested change.

With regard to the effective date, we

have determined that there is good

cause to make the new regulations

effective upon publication. We believe

that the public interest would not be

served by providing persons who might

31266 Federal Register / Vol. 65, No. 96 / Wednesday, May 17, 2000 / Rules and Regulations

be subject to false representation or

lottery investigations under 39 U.S.C.

3005(a) with a further ‘‘window of

opportunity’’ until their records become

subject to administrative subpoena

requirements.

List of Subjects in 39 CFR Part 913

Administrative practice and

procedure, False Representations,

Lotteries.

Accordingly, for the reasons

discussed above, the Postal Service

hereby adds Part 913 to title 39, of the

Code of Federal Regulations as set forth

below.

PART 913—PROCEDURES FOR THE

ISSUANCE OF ADMINISTRATIVE

SUBPOENAS UNDER 39 U.S.C. 3016

Sec.

913.1 Subpoena authority.

913.2 Service.

913.3 Enforcement.

913.4 Disclosure.

Authority: 39 U.S.C. 204, 401, 404, 3005,

3016.

§ 913.1 Subpoena authority.

(a) General. The General Counsel by

delegation from the Postmaster General

is responsible for the issuance of

subpoenas in investigations conducted

under 39 U.S.C. 3005(a), with authority

to delegate that function to a Deputy

General Counsel.

(b) Production of records. A subpoena

issued by the General Counsel may

require the production of any records

(including computer records, books,

papers, documents, and other tangible

things which constitute or contain

evidence) which the General Counsel

considers relevant or material to an

investigation.

(c) Requirements. No subpoena shall

be issued until a specific case

(identifying the individual or entity that

is the subject) has been opened and an

appropriate supervisory and legal

review of a subpoena request have been

performed.

(d) Requests for subpoenas. (1) A

request for a subpoena shall be

submitted to the Office of the General

Counsel by a Postal Inspector, Inspector

Attorney, or other Inspector specifically

authorized by the Postal Inspection

Service to submit such a request, after

appropriate review by an Inspector In

Charge or that person’s designee.

(2) A request for a subpoena shall

state the specific case, with an

individual or entity identified as the

subject, in which the subpoena is

requested.

(3) A request for a subpoena shall

contain a specific description of the

records requested, and shall state how

they are relevant or material to the

investigation.

(4) The General Counsel, in his or her

discretion, may issue or deny the

requested subpoena, or require the

requesting individual to provide

additional information. The General

Counsel, in his or her discretion, may

also honor requests to amend or

supplement a request for a subpoena.

(e) Form and issuance. Every

subpoena shall cite 39 U.S.C. 3016 as

the authority under which it is issued,

and shall command each person to

whom it is directed to produce specified

records at a time and place therein

specified. The General Counsel shall

sign the subpoena and enter the name

of the individual or entity to whom it

is directed.

§ 913.2 Service.

(a) Service within the United States.

A subpoena issued under this section

may be served by a person designated

under section 3061 of title 18 at any

place within the territorial jurisdiction

of any court of the United States.

(b) Foreign service. Any such

subpoena may be served upon any

person who is not to be found within

the territorial jurisdiction of any court of

the United States, in such manner as the

Federal Rules of Civil Procedure

describe for service in a foreign country.

To the extent that the courts of the

United States may assert jurisdiction

over such person consistent with due

process, the United States District Court

for the District of Columbia shall have

the same jurisdiction to take any action

respecting compliance with this section

by such person that such court would

have if such person were personally

within the jurisdiction of such court.

(c) Service on business persons.

Service of any such subpoena may be

made upon a partnership, corporation,

association, or other legal entity by—

(1) Delivering a duly executed copy

thereof to any partner, executive officer,

managing agent, or general agent

thereof, or to any agent thereof

authorized by appointment or by law to

receive service of process on behalf of

such partnership, corporation,

association, or entity;

(2) Delivering a duly executed copy

thereof to the principal office or place

of business of the partnership,

corporation, association, or entity; or

(3) Depositing such copy in the

United States mails, by registered or

certified mail, return receipt requested,

duly addressed to such partnership,

corporation, association, or entity at its

principal office or place of business.

(d) Service on natural persons.

Service of any subpoena may be made

upon any natural person by—

(1) Delivering a duly executed copy to

the person to be served; or

(2) Depositing such copy in the

United States mails, by registered or

certified mail, return receipt requested,

duly addressed to such person at his

residence or principal office or place of

business.

(e) Verified return. A verified return

by the individual serving any such

subpoena setting forth the manner of

such service shall be proof of such

service. In the case of service by

registered or certified mail, such return

shall be accompanied by the return post

office receipt of delivery of such

subpoena.

§ 913.3 Enforcement.

(a) In general. Whenever any person,

partnership, corporation, association, or

entity fails to comply with any

subpoena duly served upon him, the

General Counsel may request that the

Attorney General seek enforcement of

the subpoena in the district court of the

United States for any judicial district in

which such person resides, is found, or

transacts business (or in the case of a

person outside the territorial

jurisdiction of any district court, the

district court for the District of

Columbia), and serve upon such person

a petition for an order of such court for

the enforcement of this part.

(b) Jurisdiction. Whenever any

petition is filed in any district court of

the United States under this section,

such court shall have jurisdiction to

hear and determine the matter so

presented, and to enter such order or

orders as may be required to carry into

effect the provisions of this section. Any

final order entered shall be subject to

appeal under section 1291 of title 28,

United States Code. Any disobedience

of any final order entered under this

section by any court may be punished

as contempt.

§ 913.4 Disclosure.

Any documentary material provided

pursuant to any subpoena issued under

this section shall be exempt from

disclosure under section 552 of title 5,

United States Code.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 00–12319 Filed 5–16–00; 8:45 am]

BILLING CODE 7710–12–U