Conduct on Postal Service Property

POSTAL SERVICE

39 CFR Part 232

Conduct on Postal Service Property

AGENCY: Postal Service.

ACTION: Proposed rule.

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SUMMARY: This proposed rule will amend Postal Service property

regulations by providing that when conduct that is a violation of

Federal or State criminal law is committed on Postal Service property,

it is also a violation of Postal Service regulations, and that the fine

and/or imprisonment penalties of 39 CFR 232.1(p) may be imposed for the

proscribed conduct when Federal and State prosecution of the criminal

law violation are declined.

DATES: Comments must be received on or before May 5, 1995.

ADDRESSES: Written comments should be mailed or

delivered to the Counsel, Postal Inspection Service, 475 L'Enfant Plaza

SW., Room 3411, Washington, DC 20260-2181.

FOR FURTHER INFORMATION CONTACT: Henry J. Bauman, Counsel, Postal

Inspection Service, (202) 268-4415.

SUPPLEMENTARY INFORMATION: Postal Service regulations on conduct on

postal property are published in title 39 of the Code of Federal

Regulations (CFR) as Sec. 232.1. One purpose of this proposed rule is

to clarify that prohibited conduct on postal property includes

violations of: (1) State, Territory, Possession, and District criminal

laws assimilated onto exclusive Federal property under 18 U.S.C. 13,

Assimilated Crimes Act; and (2) Federal, State, Territory, Possession,

and/or District criminal laws that apply to the geographic areas in

which nonexclusive properties owned or leased by the Postal Service are

located.

Another purpose of this proposed rule is to provide that when

conduct that is a violation of Federal, State, Territory, Possession,

and/or District criminal law is committed on Postal Service property,

it is also a violation of Postal Service regulations. Persons

committing such prohibited conduct are subject to the penalty

provisions of 39 CFR 232.1(p) (i.e., a fine of not more than $50 and/or

imprisonment of not more than 30 days), when prosecution of the

criminal law violation is declined by Federal, State, Territory,

Possession, or District prosecutors.

List of Subjects in 39 CFR Part 232

Federal buildings and facilities, Penalties, Postal Service.

Accordingly, 39 CFR part 232 is proposed to be amended as set forth

below.

PART 232--CONDUCT ON POSTAL PROPERTY

1. The authority citation for part 232 continues to read as

follows:

Authority: 39 U.S.C. 401, 403(b)(3), 404(a)(7); 40 U.S.C. 318,

318a, 318b, 318c; sec. 613, Treasury, Postal Service, and General

Government Appropriations Act, 1992, Pub. L. 102-141, 18 U.S.C. 13,

3061; 21 U.S.C. 802, 844.

2. Section 232.1 is amended by adding a new paragraph (r) to read

as follows:

Sec. 232.1 Conduct on postal property.

* * * * *

(r) Other prohibited conduct. (1) The regulations in this section

for conduct on Postal Service property also include:

(i) State, Territory, Possession, and District criminal laws

assimilated onto exclusive Federal property under 18 U.S.C. 13,

Assimilated Crimes Act; and

(ii) Federal, State, Territory, Possession, and/or District

criminal laws that apply to the geographic areas in which nonexclusive

properties owned or leased by the Postal Service are located.

(2) When a violation of a Federal, State, Territory, Possession, or

District criminal law is committed on Postal Service property, it is

also a violation of Postal Service regulations and is therefore subject

to the penalty provisions of paragraph (p) of this section when

prosecution of the criminal law violation is declined by Federal,

State, Territory, Possession, or District prosecutors.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 95-8227 Filed 4-4-95; 8:45 am]

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