[Federal Register Volume 71, Number 43 (Monday, March 6, 2006)]
[Rules and Regulations]
[Page 11161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2029]


-----------------------------------------------------------------------

POSTAL SERVICE

39 CFR Part 232


Conduct on Postal Property

AGENCY: Postal Service.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule amends 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, and the 
authority of postal installation heads to enter into agreements with 
state and local law enforcement agencies for the enforcement of those 
rules. Repeal and replacement of the law formerly cited as defining 
these powers and authority necessitates this amendment. The Postal 
Service intends no substantive change to the referenced powers and 
authority.

DATES: Effective Date: March 6, 2006.

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 (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 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 
have been 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 have uniformly incorporated by 
reference the powers given to special policemen by former 40 U.S.C. 
318, et seq. The most recent act to do so was the Consolidated 
Appropriations Act for 2005 (Pub. L. 108-447, 118 Stat. 2809, section 
611). However, those sections of title 40, United States Code were 
repealed in 2002 (Pub. L. 107-217, 116 Stat. 1062, section 6) and 
ultimately replaced by new provisions in the Homeland Security Act of 
2002 (Pub. L. 107-296, 116 Stat. 2135, section 1706). In the annual 
appropriations act for 2006 (Pub. L. 109-115, 119 Stat. 2396, section 
811), Congress for the first time cited relevant sections of the 
revised Title 40 U.S.C. to define the powers of members of the Postal 
Service security force. The enforcement provision at 39 CFR 232.1(q)(1) 
requires amendment accordingly.
    The Postal Service assigns a security force of career postal 
employees at only a few of its more than 37,000 facilities--those where 
a need for full-time armed security for an indefinite period is 
identified. Postmasters and local installation heads may enter into 
agreements with state and local law enforcement agencies to enforce the 
rules for conduct on postal property. Like the powers of the security 
force, this authority has been provided and renewed annually through 
the appropriations act riders referred to above. Thus, the regulation 
at 39 CFR 232.1(q)(2) similarly requires amendment to cite the law that 
has replaced the provision of title 40, United States Code repealed in 
2002.
    The Postal Service intends by these amendments simply to maintain 
the status quo with regard to both the powers of members of the postal 
security force and the authority of local installation heads and 
postmasters, albeit through citation to current provisions of title 40, 
United States Code, rather than to repealed sections.

List of Subjects in 39 CFR Part 232

    Authority delegations (Government agencies), Crime, Federal 
buildings and facilities, Government property, Intergovernmental 
relations, Law enforcement officers, Postal Service, Security measures, 
State and local governments.

0
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); 40 U.S.C. 1315; Sec. 811, Pub. L. 109-
115, 119 Stat. 2396.


0
2. In Sec.  232.1, paragraphs (q)(1) and (2) are 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 such special police powers provided by 40 U.S.C. 
1315(b)(2) as have been given to the security force by the Postal 
Service and shall be responsible for enforcing the regulations in this 
section in a manner that will protect Postal Service property.
    (2) Local postmasters and installation heads may, pursuant to 40 
U.S.C. 1315(d)(3) and with the approval of the chief postal inspector 
or his designee, enter into agreements with State and local enforcement 
agencies to insure that these rules and regulations are enforced in a 
manner that will protect Postal Service property.
* * * * *

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 06-2029 Filed 3-3-06; 8:45 am]
BILLING CODE 7710-12-P