Conduct on Postal Property; Postal Service Security Force, 11288 [E7-4457]

Agencies

• Postal Service

[Federal Register Volume 72, Number 48 (Tuesday, March 13, 2007)]
[Rules and Regulations]
[Page 11288]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4457]


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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

0
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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