In the Matter of the Complaint Against

 CAPRICORN PHARMACEUTICALS
 P. O. Box 15396
 at Chattanooga, TN 37415

 P.S. Docket No. 11/112;
 
 12/04/81
 
 Cohen, James A.

 APPEARANCE FOR COMPLAINANT:
 Sandra C.McFeeley, Esq.
 Consumer Protection Division
 Law Department
 United States Postal Service
 Washington, DC 20260

 APPEARANCE FOR RESPONDENT:
 No Appearance

On October 15, 1981, Complainant filed a "Motion to Modify Transmittal of False Representation Order (P.S. Form 1374)" in which it requests that the transmittal memorandum accompanying Mail Stop Order No. 81-140 be permanently modified to read as follows:

"This order does not cover (1) mail under frank or (2) mail covered by a penalty envelope* or ..."

"*unless such penalty envelope appears to contain cash, checks or money orders apparently in payment for merchandise connected with the enterprise covered by the enclosed order."

Complainant argues that this modification is necessary because a large percentage of Respondent's business utilizes postal C.O.D. services which are sent via a Postal Service penalty envelope directly to Respondent. Since these penalty envelopes contain postal money orders representing the purchase price of the product collected from Respondent's customers, Complainant contends their delivery to Respondent would frustrate the purpose of the Mail Stop Order.

By Order dated October 16, 1981, Respondent was granted 15 days from the date of receipt of the Order in which to file a response to Complainant's motion. The Order was sent certified mail and notice thereof was placed in Respondent's post office box on October 20 and 27, 1981. Respondent did not claim the Order. On November 13, 1981, the Order was sent to Respondent by regular mail. As of the date of this Order, Respondent has not filed a response to Complainant's Motion.

In the absence of a response and for the good cause shown in Complaiant's motion, the transmittal memorandum accompanying Mail Stop Order No. 81-140 is permanently modified as requested by Complainant. A copy of the modified transmittal memorandum is being sent to the Postmaster contemporaneously with the issuance of this decision.