[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Rules and Regulations]
[Pages 78915-78916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31775]
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POSTAL SERVICE
39 CFR Part 232
Conduct on Postal Property
AGENCY: Postal Service.
ACTION: Final rule.
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SUMMARY: The U.S. Postal Service is updating its regulations concerning
Conduct on Postal Property (COPP) to correct or eliminate outdated
citations, obviate the need for continuous updates of such citations by
harmonizing the regulations with federal law, and make certain other
minor, editorial revisions.
DATES: Effective date: December 17, 2010.
FOR FURTHER INFORMATION CONTACT: Christy Noel, Attorney, U.S. Postal
Service, 202-268-3484.
SUPPLEMENTARY INFORMATION: The current rules governing Conduct on
Postal Property contain a number of outdated or confusing references to
non-postal statutes, and in some cases do not
[[Page 78916]]
appear to harmonize clearly with Federal law. As discussed in more
detail below, this final rule is intended to remedy those shortcomings,
as well as make certain minor editorial revisions to the COPP
regulations set forth in 39 CFR 232.1.
1. Paragraph (f) Gambling: The prohibition of lottery ticket sales
contains an exception for Randolph-Sheppard vendors. This exception is
amended to replace obsolete citations to Postal Service regulations
with the statutory basis for the exception contained in the Randolph-
Sheppard Act Amendments of 1974. Subsection (a)(5) of 20 U.S.C. 107a
requires that blind vendors licensed to conduct vending operations on
federal property be permitted to sell tickets ``for any lottery
authorized by State law and conducted by an agency of a State''. This
amendment harmonizes Postal Service regulations with the Randolph-
Sheppard Act by citing 20 U.S.C. 107a (a)(5) as the statutory basis for
the exception.
2. Paragraph (m) Nondiscrimination: The nondiscrimination provision
is amended to remove inappropriate references to employment policy. The
Postal Service has determined that facilities regulations governing
public access to and use of Postal Service property are not the
appropriate venue for articulating employment policy. This amendment is
necessary to eliminate potential conflict or redundancy with regard to
employment regulations, and to correct the scope of the
nondiscrimination provision of the COPP regulations, which governs the
use of Postal Service facilities ``of a public nature''.
3. Paragraph (o) Depositing Literature: The exception to the
prohibition against depositing literature for posting of notices by
U.S. Government-related organizations is amended to correct an outdated
citation to title 36 of the United States Code. This amendment is
necessary for consistency with title 36, which was revised in 1998
without substantive change (Pub. L. 105-225, section 501, 112 Stat.
1253). The amended regulation updates the statutory definition for U.S.
Government-related organizations such as the Inaugural Committee, which
is currently defined in 36 U.S.C. 501.
4. Paragraph (p) Penalties and other law: The penalty provision is
amended to incorporate the procedures for a sentence of a fine under
title 18 of the United States Code. This amendment is necessary for
consistency with title 18, which authorizes the Postal Service to
promulgate regulations for the administration and protection of
property under its charge and control and of any persons on such
property. 18 U.S.C. 3061. The Postal Accountability and Enhancement Act
(Pub. L. 109-435, section 1001, 120 Stat. 3198) contains a penalty
provision for violations of such regulations, codified at 18 U.S.C.
3061(c). This penalty provision provides that ``a person violating a
regulation prescribed under this subsection [authorizing Postal Service
promulgation of regulations for the protection of its property and
persons on such property] shall be fined under [title 18].'' 18 U.S.C.
3061(c)(4)(B). Title 18 sets forth procedures for sentences of a fine
for defendants found guilty of a criminal offense. 18 U.S.C. 3571. This
amendment harmonizes Postal Service regulations with the Postal
Accountability and Enhancement Act by citing 18 U.S.C. 3571 as the
statutory basis for the penalty provision of the regulations.
List of Subjects in 39 CFR Part 232
Authority designations (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 amendments to 39 CFR Part 232:
PART 232--[Amended]
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1. The authority citation for Part 232 is revised to read as follows:
Authority: 18 U.S.C. 13, 3061, 3571; 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, paragraphs (f), (m), (o)(3), and (p)(2) are revised
to read as follows:
Sec. 232.1 Conduct on postal property.
* * * * *
(f) Gambling. Participating in games for money or other personal
property, the operation of gambling devices, the conduct of a lottery
or pool, or the selling or purchasing of lottery tickets, is prohibited
on postal premises. In accordance with 20 U.S.C. 107a(a)(5), this
prohibition does not apply to the vending or exchange of State Lottery
tickets at vending facilities operated by licensed blind persons where
such lotteries are authorized by state law.
* * * * *
(m) Nondiscrimination. There must be no discrimination by
segregation or otherwise against any person or persons because of race,
color, religion, national origin, sex, or disability, in furnishing, or
by refusing to furnish to such person or persons the use of any
facility of a public nature, including all services, privileges,
accommodations, and activities provided on postal property.
* * * * *
(o) * * *
(3) Posting of notices by U.S. Government-related organizations,
such as the Inaugural Committee as defined in 36 U.S.C. 501.
(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 a fine as provided in 18
U.S.C. 3571 or imprisonment of not 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. 2010-31775 Filed 12-16-10; 8:45 am]
BILLING CODE 7710-12-P