11434 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Proposed Rules 

such that application of this section is 

unnecessary or impractical for the 

purposes of safety or environmental 

safety. 

Dated: February 2, 2012. 

M.W. Sibley, 

Captain, U.S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. 2012–4390 Filed 2–24–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0101] 

RIN 1625–AA00 

Safety Zone; Patapsco River, 

Northwest and Inner Harbors, 

Baltimore, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone upon 

certain waters of the Patapsco River, 

Northwest Harbor and Inner Harbor 

during the movement of the historic 

sloop-of-war USS CONSTELLATION on 

May 25, 2012. This action is necessary 

to provide for the safety of life on 

navigable waters during the tow of the 

vessel from its berth at the Inner Harbor 

in Baltimore, Maryland, to a point on 

the Patapsco River near the Fort 

McHenry National Monument and 

Historic Shrine in Baltimore, Maryland, 

and its return. This action will restrict 

vessel traffic in portions of the Patapsco 

River, Northwest Harbor, and Inner 

Harbor during the event. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before March 28, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0101 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Mr. Ronald Houck, 

Sector Baltimore Waterways 

Management Division, Coast Guard; 

telephone 410–576–2674, email 

Ronald.L.Houck@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2012–0101), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an email address, 

or a telephone number in the body of 

your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2012–0101’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2012– 

0101’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Basis and Purpose 

Historic Ships in Baltimore is 

planning to conduct a ‘‘turn-around’’ 

ceremony involving the sloop-of-war 

USS CONSTELLATION in Baltimore, 

Maryland on May 25, 2012. Planned 

events include a three-hour, round-trip 

tow of the USS CONSTELLATION in 

the Port of Baltimore, consisting of an 

onboard salute with navy pattern 

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Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Proposed Rules 11435 

cannon while the historic vessel is 

positioned off the Fort McHenry 

National Monument and Historic Site. 

Beginning at 3 p.m., the historic Sloopof-War USS CONSTELLATION will be 

towed ‘‘dead ship,’’ which means that 

the vessel will be underway without the 

benefit of mechanical or sail propulsion. 

The return dead ship tow of the USS 

CONSTELLATION to its berth in the 

Inner Harbor is expected to occur 

immediately upon execution of a tugassisted turn-around of the USS 

CONSTELLATION on the Patapsco 

River near Fort McHenry. The Coast 

Guard anticipates a large recreational 

boating fleet during this event, 

scheduled on a late Friday afternoon 

during the Memorial Day Holiday 

weekend in Baltimore, Maryland. 

Operators should expect significant 

vessel congestion along the planned 

route. In the event of inclement weather, 

the ‘‘turn-around’’ will be rescheduled 

for May 31, 2012. 

To address safety concerns during the 

event, the Captain of the Port Baltimore 

proposes to establish a safety zone upon 

certain waters of the Patapsco River, 

Northwest Harbor and Inner Harbor. 

The proposed safety zone will help the 

Coast Guard provide a clear transit route 

for the participating vessels, and 

provide a safety buffer around the 

participating vessels while they are in 

transit. Due to the need to promote 

maritime safety and protect participants 

and the boating public in the Port of 

Baltimore immediately prior to, during, 

and after the scheduled event, a safety 

zone is prudent. 

Discussion of Proposed Rule 

A permanent safety zone for this 

proposed rule, with an enforcement 

period from 2 p.m. through 7 p.m. local 

time annually on the Friday following 

Labor Day, has already been published 

and is detailed at Title 33 Code of 

Federal Regulations, Section 165.512. 

Due however to a change in scheduling 

for this calendar year, this event is 

planned for Friday, May 25, 2012. The 

historic sloop-of-war USS 

CONSTELLATION is scheduled to be 

towed ‘‘dead ship’’ from its berth at Pier 

1 in Baltimore’s Inner Harbor along a 

one-way, planned route of 

approximately four nautical miles, that 

includes specified waters of the 

Patapsco River, Northwest Harbor and 

Inner Harbor to a point on the Patapsco 

River near Fort McHenry National 

Monument and Historic Shrine, 

Baltimore, Maryland. After being 

turned-around, the USS 

CONSTELLATION will be returned to 

its original berth at Pier 1, Inner Harbor, 

Baltimore, Maryland. Due to the need to 

safeguard dead ship tow participants 

and prevent vessels or persons from 

approaching the USS CONSTELLATION 

along the intended route immediately 

prior to, during, and following the 

scheduled towing evolution, vessel 

traffic will be restricted on certain 

waters of the Patapsco River, Northwest 

Harbor and Inner Harbor. 

The Captain of the Port Baltimore is 

proposing to establish a temporary 

moving safety zone around the USS 

CONSTELLATION dead ship tow 

participants from 2 p.m. through 7 p.m. 

on May 25, 2012, and, if necessary due 

to inclement weather, from 2 p.m. 

through 7 p.m. on May 31, 2012. The 

proposed regulated area includes all 

waters within 200 yards ahead of and 

100 yards outboard or aft of the historic 

Sloop-of-War USS CONSTELLATION 

while operating in the Inner Harbor, the 

Northwest Harbor and the Patapsco 

River. Vessels underway at the time this 

safety zone is implemented will 

immediately proceed out of the zone. 

With the exception of USS 

CONSTELLATION ‘‘turn-around’’ 

participants, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port or his designated 

representative. U.S. Coast Guard patrol 

vessels will be provided to prevent the 

movement of persons and vessels in the 

regulated area. The Captain of the Port 

Baltimore will issue Broadcast Notices 

to Mariners to publicize the safety zone 

and notify the public of changes in the 

status of the zone. Such notices will 

continue until the event is complete. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of that Executive Order 

12866 or under section 1 of Executive 

Order 13563. The Office of Management 

and Budget has not reviewed it under 

those Orders. 

Although this safety zone restricts 

vessel traffic through the affected area, 

the effect of this regulation will not be 

significant due to the limited size and 

duration that the regulated area will be 

in effect. In addition, notifications will 

be made to the maritime community via 

marine information broadcasts so 

mariners may adjust their plans 

accordingly. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This proposed rule may affect 

the following entities, some of which 

might be small entities: the owners or 

operators of vessels intending to operate 

or transit through or within the safety 

zone during the enforcement period. 

The safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. The safety zone is 

of limited size and duration. Smaller 

vessels not constrained by their draft, 

which are more likely to be small 

entities, may transit around the safety 

zone. Maritime advisories will be 

widely available to the maritime 

community before the effective period. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Mr. Ronald 

L. Houck, Coast Guard Sector Baltimore, 

Waterways Management Division, at 

telephone number 410–576–2674 or 

email Ronald.L.Houck@uscg.mil. The 

Coast Guard will not retaliate against 

small entities that question or complain 

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11436 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Proposed Rules 

about this proposed rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This proposed rule would not cause a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This proposed rule 

involves establishing a temporary safety 

zone. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amends 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

2. Add § 165.T05–0101 to read as 

follows: 

§ 165.T05–0101 Safety Zone; Patapsco 

River, Northwest and Inner Harbors, 

Baltimore, MD. 

(a) Regulated area. The following 

location is a safety zone: (1) all waters 

within 200 yards ahead of and 100 yards 

outboard or aft of the historic Sloop-ofWar USS CONSTELLATION while 

operating in the Inner Harbor, the 

Northwest Harbor and the Patapsco 

River. 

(b) Definitions. As used in this 

section: (1) ‘‘Captain of the Port 

Baltimore’’ means the Commander, U.S. 

Coast Guard Sector Baltimore, 

Maryland. 

(2) ‘‘Designated representative’’ means 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Captain of the Port 

Baltimore to assist in enforcing the 

safety zone described in paragraph (a) of 

this section. 

(3) ‘‘USS CONSTELLATION ‘‘turnaround’’ participants’’ means the USS 

CONSTELLATION, its support craft and 

the accompanying towing vessels. 

(c) Regulations. The general safety 

zone regulations found in 33 CFR 

165.23 apply to the safety zone created 

by this temporary section, 

§ 165.T05.0101. (1) All persons are 

required to comply with the general 

regulations governing safety zones 

found in 33 CFR 165.23. 

(2) With the exception of USS 

CONSTELLATION ‘‘turn-around’’ 

participants, entry into or remaining in 

this zone is prohibited unless 

authorized by the Coast Guard Captain 

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Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Proposed Rules 11437 

of the Port Baltimore. Vessels already at 

berth, mooring, or anchor at the time the 

safety zone is implemented do not have 

to depart the safety zone. All vessels 

underway within this safety zone at the 

time it is implemented are to depart the 

zone. 

(3) Persons desiring to transit the area 

of the safety zone must first request 

authorization from the Captain of the 

Port Baltimore or his designated 

representative. To seek permission to 

transit the area, the Captain of the Port 

Baltimore and his designated 

representatives can be contacted at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz). The Coast Guard 

vessels enforcing this section can be 

contacted on Marine Band Radio, VHF– 

FM channel 16 (156.8 MHz). Upon 

being hailed by a U.S. Coast Guard 

vessel, or other Federal, State, or local 

agency vessel, by siren, radio, flashing 

lights, or other means, the operator of a 

vessel shall proceed as directed. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the Captain of the Port 

Baltimore or his designated 

representative and proceed at the 

minimum speed necessary to maintain a 

safe course while within the zone. 

(4) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(d) Enforcement period. This section 

will be enforced from 2 p.m. through 

7 p.m. on May 25, 2012, and, if 

necessary due to inclement weather, 

from 2 p.m. through 7 p.m. on May 31, 

2012. 

Dated: February 10, 2012. 

Mark P. O’Malley, 

Captain, U.S. Coast Guard, Captain of the 

Port Baltimore. 

[FR Doc. 2012–4397 Filed 2–24–12; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 233 

Inspection Service Authority; Seizure 

and Forfeiture 

AGENCY: Postal ServiceTM. 

ACTION: Proposed rule. 

SUMMARY: The Postal Service proposes 

to revise its regulations with regard to 

forfeiture authority and proceedings. 

These new provisions would implement 

specific requirements in compliance 

with the Civil Asset Forfeiture Reform 

Act (CAFRA) of 2000. 

DATES: Submit comments on or before 

March 28, 2012. 

ADDRESSES: Mail or deliver written 

comments to the Postal Inspection 

Service, Room 3128, 475 L’Enfant Plaza 

SW., Washington, DC 20260–2100. 

Written comments may be inspected 

and photocopied (by appointment only) 

at the USPS Headquarters Library, 475 

L’Enfant Plaza SW., 11th Floor North, 

Washington, DC, between 9 a.m. and 

4 p.m., Monday through Friday. Please 

call 202–268–2906 to make an 

appointment. Email comments, 

containing the name and address of the 

commenter, may be sent to: 

REMattes@uspis.gov with a subject line 

of ‘‘CAFRA comments.’’ Faxed 

comments are not accepted. 

FOR FURTHER INFORMATION CONTACT: 

R. Emmett Mattes III, Chief Counsel, 

U.S. Postal Inspection Service, 202– 

268–7732. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

First, this rulemaking consolidates the 

Postal Service’s rules and regulations 

regarding the seizure and forfeiture of 

property into three sections, 39 CFR 

233.7, 233.8, and 233.9 from the 

previous four sections, 39 CFR 233.7, 

233.8, 233.9, and 233.10. The proposed 

revision consolidates sections 233.8 and 

233.9, and treats seizures involving 

personal use quantities of controlled 

substances and the expedited release of 

conveyances being forfeited for a drugrelated offense in the same manner. It 

also incorporates prior section 233.10, 

Special Notice Provisions, into new 

paragraph 233.8(f). The new rules also 

create a new section 233.9 that 

addresses regulations governing 

remission or mitigation of 

administrative, civil, and criminal 

forfeitures, and incorporates the rules 

and regulations previously contained in 

paragraph 233.7(j). 

Second, this rulemaking identifies the 

scope of authority available to the Postal 

Service to seize property for forfeiture, 

updates definitions, and provides 

procedures governing practical issues 

regarding the seizure, custody, 

inventory, appraisal, settlement, and 

release of property subject to forfeiture. 

See proposed paragraphs 233.7(a)–(g). 

Third, the rule proposes conforming 

the seizure and forfeiture regulations of 

the Postal Service to address procedural 

changes necessitated by CAFRA. The 

rule also incorporates CAFRA’s 

innocent owner defense into the 

remission regulations. Where CAFRA is 

silent or ambiguous on a subject relating 

to administrative forfeiture procedure, 

the proposed rule interprets CAFRA 

based on case law and agency expertise 

and experience. 

Fourth, the rule proposes updating 

the regulations to conform with other 

authorities and current forfeiture 

practice. Thus, proposed paragraph 

233.7(n) adds a provision to the 

regulations allowing for the preforfeiture disposition of seized property 

when the property is liable to perish or 

to waste or to be greatly reduced in 

value while being held for forfeiture; or 

when the expense of holding the 

property is or will be disproportionate 

to its value. Paragraph 233.7(l) clarifies 

that administrative and criminal judicial 

forfeiture proceedings are not mutually 

exclusive, and paragraph 233.7(r) 

affirms that the Postal Service is not 

liable for attorney fees in any 

administrative forfeiture proceeding. 

Paragraph 233.7(j)(1)(i)(B) updates the 

forfeiture regulations by adding the 

option of publishing notice for 

administrative forfeitures on an official 

Government Internet site instead of in a 

newspaper. 

Fifth, the proposed rule amends the 

designated official provision at 

paragraph 233.9(a)(2)(A) governing 

petitions for remission or mitigation of 

forfeiture, clarifies the existing 

regulations pertaining to victims, and 

makes remission available to third 

parties who reimburse victims under an 

indemnification agreement. 

II. Discussion 

A. Consolidation of the Regulations 

Governing the Seizure and Forfeiture of 

Property 

The proposed rule supersedes prior 

sections 233.7, 233.8, 233.9, and 233.10 

and replaces them with new sections 

233.7, 233.8, and 233.9. Section 233.7 

contains generally applicable provisions 

for seizures and forfeitures by the Postal 

Service. Section 233.8 contains 

expedited procedures for property 

seized by the Postal Service for 

violations involving personal use 

quantities of a controlled substance, 

including conveyances. Section 233.9 

replaces the prior paragraph 233.7(j), 

and more clearly defines the rules 

relevant to remission and mitigation of 

forfeitures. 

B. CAFRA Procedural Changes 

Incorporated in the Proposed Rule 

Section 2 of CAFRA enacted 18 U.S.C. 

983, which includes the general rules 

for civil forfeiture proceedings. This 

rule proposes to implement certain 

procedural changes in the conduct of 

administrative forfeitures as required by 

18 U.S.C. 983. These changes address 

procedures relating to notice of seizure, 

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