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.
Effective Date: January 27, 2010.Start Further Info
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.End Further Info End Preamble Start Supplemental 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.Start List of Subjects
List of Subjects in 39 CFR Part 232
- Authority delegations (Government agencies)
- Federal buildings and facilities
- Government property
- Law enforcement officers
- Postal Service
- Security measures
For the reasons stated in the preamble, the Postal Service amendsEnd Amendment Part Start Part
PART 232—[AMENDED]End Part Start Amendment Part
1. The authority citation for part 232 continues to read as follows:End Amendment Part Start Amendment Part
2. In § 232.1, paragraph (p)(2) is revised to read as follows:End Amendment Part
(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 Start Printed Page 4274more 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