[Federal Register: March 13, 2007 (Volume 72, Number 48)]
[Rules and Regulations]
[Page 11288]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr07-5]
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POSTAL SERVICE
39 CFR Part 232
Conduct on Postal Property; Postal Service Security Force
AGENCY: Postal Service.
ACTION: Final rule.
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SUMMARY: The U.S. Postal Service is amending the enforcement provisions
of the rules for conduct on Postal Service property to restate the
statutory basis for the powers of members of the Postal Service
security force. Enactment of permanent law defining these powers and
authority necessitates this amendment. The Postal Service infers and
intends no substantive change to the referenced powers and authority.
DATES: Effective March 13, 2007.
FOR FURTHER INFORMATION CONTACT: Lawrence Katz, Inspector in Charge,
Office of Counsel, U.S. Postal Inspection Service, 202-268-7732.
SUPPLEMENTARY INFORMATION: As the law enforcement arm of the Postal
Service, the U.S. Postal Inspection Service is responsible for
enforcing the rules governing conduct on Postal Service property. The
rules are published in 39 CFR 232.1. With regard to the enforcement of
these rules, subsection 232.1(q) provides that (1) they are enforced by
the Postal Service security force, (2) postal installation heads and
postmasters may enter into agreements with state and local law
enforcement agencies to enforce these rules, and (3) certain other
designated persons may likewise enforce the rules.
The security force is a component of the Postal Inspection Service
and comprises those armed, uniformed employees whom the Postal Service
has since 1971 been authorized by 39 U.S.C. 1201 to employ as guards
for the protection of postal premises. In lieu of a provision for the
specific police powers of such guards in permanent legislation, their
powers were provided through a general provision in annual
appropriations acts, beginning with that of 1973 (Pub. L. 92-351, 86
Stat. 471, section 612). Such general provisions uniformly incorporated
by reference the powers given to special policemen by title 40, United
States Code. The most recent act to do so was the annual appropriations
act for 2006 (Pub. L. 109-115, 119 Stat. 2396, section 811). The Postal
Accountability and Enhancement Act (Pub. L. 109-435, 120 Stat. 3198,
section 1001) contains a permanent provision for the enforcement
authority of postal police officers, codified in new subsection (c) of
18 U.S.C. 3061. The enforcement provision at 39 CFR 232.1(q)(1)
requires amendment accordingly.
As amended, 18 U.S.C. 3061 provides the fundamental powers of
postal police officers and gives the Postal Service authority to
provide by regulation for certain additional powers. The fundamental
powers parallel those given to postal police officers by previous law.
The Postal Service intends by this amendment simply to maintain the
status quo with regard to the powers of members of the postal security
force, albeit through citation to the relevant provision of title 18,
United States Code, as recently amended, rather than to provisions of
title 40, United States Code, no longer applicable.
List of Subjects in 39 CFR Part 232
Authority delegations (Government agencies), Crime, Federal
buildings and facilities, Government property, Law enforcement
officers, Postal Service, Security measures.
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In view of the considerations discussed above, the Postal Service
adopts the following amendment to 39 CFR part 232:
PART 232--CONDUCT ON POSTAL PROPERTY
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1. The authority citation for part 232 is revised to read as follows:
Authority: 18 U.S.C. 13, 3061; 21 U.S.C. 802, 844; 39 U.S.C.
401, 403(b)(3), 404(a)(7), 1201(2).
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2. In Sec. 232.1, paragraph (q)(1) is revised to read as follows:
Sec. 232.1 Conduct on postal property.
* * * * *
(q) Enforcement. (1) Members of the U.S. Postal Service security
force shall exercise the powers provided by 18 U.S.C. 3061(c)(2) and
shall be responsible for enforcing the regulations in this section in a
manner that will protect Postal Service property and persons thereon.
* * * * *
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E7-4457 Filed 3-12-07; 8:45 am]
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