Conduct on Postal Property; Penalties and Other Law, 4273-4274 [2010-1643]

Agencies

• Postal Service

[Federal Register Volume 75, Number 17 (Wednesday, January 27, 2010)]
[Rules and Regulations]
[Pages 4273-4274]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1643]


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POSTAL SERVICE

39 CFR Part 232


Conduct on Postal Property; Penalties and Other Law

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: The U.S. Postal Service is amending the Code of Federal 
Regulations to increase the maximum penalty for violations of the rules 
concerning conduct on Postal Service property. The authorized maximum 
penalty should allow the courts more flexibility in determining the 
appropriate means of promoting compliance with the regulation.

DATES: Effective Date: January 27, 2010.

FOR FURTHER INFORMATION CONTACT: Elizabeth P. Martin, General Counsel, 
Joint Legal Services Center, U.S. Postal Inspection Service/Office of 
Inspector General, (703) 248-2100.

SUPPLEMENTARY INFORMATION: The current rules governing conduct on 
Postal Service property establish the maximum penalty for a violation 
as a fine of not more than $50 or imprisonment of not more than 30 
days, or both. As revised by this notice, the maximum penalty for a 
violation will be increased to a fine of not more than that allowed 
under title 18 of the United States Code or imprisonment of not more 
than 30 days, or both.
    To promote compliance with the regulation and to maintain the 
deterrent effect, the Postal Service has determined it is appropriate 
to increase the maximum penalty allowed for a violation of this 
regulation. The authorized maximum penalty should allow the courts more 
flexibility in determining the appropriate means of promoting 
compliance with the regulation.
    The current regulations have not been changed for over 30 years. 
The current maximum fine does not reflect either the seriousness of 
some of the infractions, nor the effect that inflation has had over the 
past 30 years. This current low monetary penalty provision gives the 
court little flexibility in arriving at a fair and just resolution to 
an infraction. The revisions to the maximum monetary penalty allow for 
this flexibility. Further, the revision to the maximum penalty more 
accurately reflects the range of conduct covered by this regulation.

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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For the reasons stated in the preamble, the Postal Service amends 39 
CFR Part 232 as set forth below:

PART 232--[AMENDED]

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1. The authority citation for part 232 continues 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 (p)(2) is revised to read as follows:


Sec.  232.1  Conduct on postal property.

* * * * *
    (p) * * *
    (2) Whoever shall be found guilty of violating the rules and 
regulations in this section while on property under the charge and 
control of the Postal Service is subject to fine of not more than that 
allowed under title 18 of the United States Code or imprisonment of not

[[Page 4274]]

more than 30 days, or both. Nothing contained in these rules and 
regulations shall be construed to abrogate any other Federal laws or 
regulations or any State and local laws and regulations applicable to 
any area in which the property is situated.
* * * * *

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2010-1643 Filed 1-26-10; 8:45 am]
BILLING CODE 7710-12-P