[Federal Register Volume 62, Number 222 (Tuesday, November 18, 1997)]
[Proposed Rules]
[Pages 61481-61482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30009]
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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 United States Postal Service
property regulations to: prohibit smoking in postal buildings; prohibit
soliciting of signatures on petitions, polls, or surveys on postal
property except as otherwise authorized by Postal Service regulations;
prohibit impeding ingress to or egress from post offices; add
regulations for voter registration activities on postal property to
reflect current postal policy; prohibit leafleting, picketing,
demonstrating, public assembly, and public address in lobbies and other
interior areas of postal buildings open to the pubic; prohibit
placement of tables, chairs, freestanding signs or posters, structures,
or furniture of any type on postal property except as part of postal
activities or as otherwise permitted by these regulations; permit, in
addition to seeing eye dogs, other animals used to assist persons with
disabilities on postal property; prohibit the storage of weapons and
explosives on postal property except for official purposes; clarify the
meaning of terms; change references to other postal directives; and
provide that persons designated by the Chief Postal Inspector may also
enforce Postal Service property regulations.
DATES: Comments must be received on or before December 18, 1997.
ADDRESSES: Written comments should be mailed or delivered to the
Independent Counsel, Postal Inspection Service, 475 L'Enfant Plaza SW,
Room 3411, Washington, DC 20260-2181.
FOR FURTHER INFORMATION CONTACT:
Henry J. Bauman, Independent Counsel, Postal Inspection Service, (202)
268-4415.
SUPPLEMENTARY INFORMATION: Postal Service regulations on the conduct of
persons on postal property are published in title 39 of the Code of
Federal Regulations (CFR) as part 232. These regulations describe the
actions that are either permitted or proscribed, the enforcement of
these regulations, and the penalties for violations. The purpose of
this proposed rule is to amend these regulations to add new
prohibitions, to add regulations for voter registration activities on
postal property, to permit animals used to assist persons with
disabilities to be brought onto postal property, and to clarify certain
terms and references in the regulations.
A new prohibition on smoking in postal lobbies and offices is
proposed to address the health concerns of postal customers and
employees. The reasons for this prohibition are that the Surgeon
General has reported on the dangers to human health from smoking and
second-hand smoke, the sale of tobacco products is prohibited in other
federal buildings, the Postal Service has already banned smoking in
postal buildings by postal employees, and many post offices have banned
smoking in lobbies and other interior areas open to the public.
A new prohibition on the soliciting of signatures on petitions,
polls, or surveys on postal property, except as otherwise authorized by
Postal Service regulations, is proposed. The purpose of this
restriction is to minimize the disruption of postal business and to
provide unimpeded ingress and egress of customers and employees to and
from post offices. Portions of the existing Postal Service conduct
regulations have been upheld by the Supreme Court in United States v.
Kokinda, 497 U.S. 720 (1990). The United States Postal Service was
created in order to ensure prompt, reliable, and efficient postal
services to the public in a businesslike manner. It is the Postal
Service's experience that the activities described above are generally
disruptive to postal business. Thus, the Postal Service is prohibiting
[[Page 61482]]
activities that create significant interference with its statutory
mandate.
A new prohibition on leafleting, picketing, demonstrating, public
assembly, and public address in lobbies and other interior areas of
postal buildings open to the public is proposed. Such activities are
not prohibited outside postal buildings, as long as they do not
otherwise violate these regulations. It is the Postal Service's
experience, however, that such activities conducted inside postal
buildings are generally disruptive to postal operations and impede
customers and employees from conducting postal transactions.
A new prohibition on the placement of tables, chairs, freestanding
signs or posters, structures, or furniture of any type anywhere on
postal premises, except as part of postal activities or as otherwise
permitted under these regulations, is proposed. It is the Postal
Service's experience that such activities are generally disruptive to
postal business and impede customers from conducting postal
transactions.
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 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. 318, 318a, 318b, 318c; Pub. L.
104-208, 110 Stat. 1060.
2. Section 232.1(b) is amended by revising the phrase ``section 115
of the Domestic Mail Manual'' to read ``section 274 of the
Administrative Support Manual''.
3. Section 232.1 is amended by revising the heading of paragraph
(g) and designating its existing text as (g)(1), revising the first
sentence of (g)(1) and adding paragraph (g)(2) to read as follows:
Sec. 232.1 Conduct on postal property.
* * * * *
(g) Alcoholic beverages, drugs, and smoking.
(1) A person under the influence of an alcoholic beverage or any
drug that has been defined as a ``controlled substance'' may not enter
postal property or operate a motor vehicle on postal property. * * *
(2) Smoking (defined as having a lighted cigar, cigarette, pipe, or
other smoking material) is prohibited in all postal buildings and
office space, including service lobbies.
* * * * *
Section 232.1(h)(1) introductory text is revised to read as
follows:
(h) * * *
(1) Soliciting alms and contributions, campaigning for election to
any public office, collecting private debts, soliciting and vending for
commercial purposes (including, but not limited to, the vending of
newspapers and other publications), displaying or distributing
commercial advertising, soliciting signatures on petitions, polls, or
surveys (except as otherwise authorized by Postal Service regulations),
and impeding ingress to or egress from post offices are prohibited.
These prohibitions do not apply to:
* * * * *
5. Section 232.1(h)(1)(i) is amended by adding the phrase ``or
nonprofit'' after the word ``Commercial''.
6. Section 232.1(h) (3), (4) and (5) are added to read as follows:
(h) * * *
(3) Leafleting and distributing literature, picketing,
demonstrating, public assembly, and public address, which are not
otherwise prohibited by Postal Service regulations, are prohibited in
lobbies and other interior areas of postal buildings open to the
public.
(4) Voter registration. Voter registration may be conducted on
postal premises only with the approval of the postmaster or
installation head provided that all of the following conditions are
met:
(i) The registration must be conducted by government agencies or
nonprofit civic league or organizations that operate for the promotion
of social welfare but do not participate or intervene in any political
campaign on behalf of any candidate or political party for any public
office.
(ii) Absolutely no partisan or political literature may be
available, displayed, or distributed. This includes photographs,
cartoons, and other likenesses of elected officials and candidates for
public office.
(iii) The registration is permitted only in those areas of the
postal premises regularly open to the public.
(iv) The registration must not interfere with the conduct of postal
business, postal customers, or postal operations.
(v) The organization conducting the voter registration must provide
and be responsible for any equipment and supplies.
(vi) Contributions may not be solicited.
(vii) Access to the workroom floor is prohibited.
(viii) The registration activities are limited to an appropriate
period before an election.
(5) Except as part of postal activities or activities associated
with those permitted under paragraph (h)(4) of this section, no tables,
chairs, freestanding signs or posters, structures, or furniture of any
type may be placed in postal lobbies or on postal walkways, steps,
plazas, lawns or landscaped areas, driveways, parking lots, or other
exterior spaces.
* * * * *
7. Section 232.1(j) is revised to read as follows:
(j) Dogs and other animals. Dogs and other animals, except those
used to assist persons with disabilities, must not be brought upon
postal property for other than official purposes.
* * * * *
8. Section 232.1(1) is revised to read as follows:
(1) Weapons and explosives. No person while on postal property may
carry firearms, other dangerous or deadly weapons, or explosives,
either openly or concealed, or store the same on postal property,
except for official purposes.
* * * * *
9. Section 232.1(q)(3) is revised to read as follows:
(q) * * *
(3) Postal Inspectors and others designated by the Chief Postal
Inspector may likewise enforce regulations in this section.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 97-30009 Filed 11-17-97; 8:45 am]
BILLING CODE 7710-12-M
