[Federal Register Volume 59, Number 116 (Friday, June 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13947]
[[Page Unknown]]
[Federal Register: June 17, 1994]
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DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 552
Prohibited Personnel Practices on the Installation of Fort
Jackson, SC
AGENCY: Department of the Army, DOD.
ACTION: Final rule.
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SUMMARY: This action establishes 32 CFR part 552, subpart L,
Personnel--Prohibited Practices and authenticates Fort Jackson
Regulation 600-3, printed in the Federal Register as a proposed rule on
29 July 1993 (58 FR 40611). This subpart establishes prohibited
practices on the installation of Fort Jackson, South Carolina. These
prohibited practices apply to all persons as signed to, attached to, or
present on the installation of Fort Jackson, South Carolina. Prohibited
practices listed in this part are not all inclusive.
EFFECTIVE DATE: This final rule is effective June 17, 1994.
ADDRESSES: Commander, U.S. Army Training Center and Fort Jackson,
Office of the Staff Judge Advocate, Fort Jackson, SC 29207-5000.
FOR FURTHER INFORMATION CONTACT: CPT Thomas M. Gagne, Trial Counsel,
telephone: (803) 751-6848.
SUPPLEMENTARY INFORMATION: This part does not list all activities or
practices prohibited on the installation of Fort Jackson, South
Carolina. Various other Army and Fort Jackson regulations specifically
prohibit other activities or practices. See Appendix A to this subpart.
Executive Order 12291
This rule is not affected by Executive Order 12291.
Regulatory Flexibility Act
The Regulatory Flexibility Act has no bearing on this rule.
Paperwork Reduction Act
This rule does not contain reporting or recordkeeping requirements
subject to the Paperwork Reduction Act.
List of Subjects in 32 CFR Part 552
Military personnel, government employees.
Accordingly, 32 CFR part 552, subpart L is added to read as
follows:
PART 552--SUBPART L--PROHIBITED PERSONNEL PRACTICES ON THE
INSTALLATION OF FORT JACKSON, SOUTH CAROLINA
Sec.
552.150 Purpose.
552.151 Scope.
552.152 Prohibited practices.
552.153 Dissemination.
Appendix A to Subpart L--Partial List of Other Publications Applicable
on Fort Jackson Which List Prohibited Practices
Authority: 10 U.S. Code, Ch. 47, 21 U.S. Code 801, et seq.
Subpart L--Prohibited Personnel Practices on the Installation of
Fort Jackson, SC
Sec. 552.150 Purpose.
This part is punitive in nature and applies to all persons assigned
to, attached to, or present on the installation of Fort Jackson, South
Carolina. A violation of, attempted violation of, or solicitation or
conspiracy to violate any provision of this part provides the basis for
criminal prosecution under the Uniform Code of Military Justice,
applicable Federal Law, other regulations, and/or adverse
administrative action. Civilian visitors may be barred from the
installation of Fort Jackson and prosecuted under appropriate Federal
laws. The enumeration of prohibited activities in this part is not
intended to preclude prosecution under other provisions of law or
regulation.
Sec. 552.151 Scope.
This part does not list all activities or practices prohibited on
the installation of Fort Jackson, South Carolina. Various other Army
and Fort Jackson regulations specifically prohibit other activities or
practices. See Appendix A to this subpart.
Sec. 552.152 Prohibited practices.
The following activities are prohibited:
(a) The possession, delivery, sale, transfer, or introduction into
the installation of Fort Jackson of any device, instrument or
paraphernalia designed or reasonably intended for use in introducing
into the human body a controlled substance, as defined in the
Controlled Substances Act, 21 U.S.C. 801, et seq., is prohibited.
(b) Unless an exception is approved by the Chief of Staff or a
Major Subordinate Commander for a special occasion, consumption of
alcoholic beverages, or the possession of an open container thereof, is
prohibited under the circumstances listed in this section. For the
purpose of this part, an ``alcoholic beverage'' is any liquid beverage
containing any amount of ethyl alcohol, including wines, malt beverages
and distilled spirits.
(1) By military personnel in uniform during duty hours (0730-1630).
(2) By military personnel during their assigned duty hours when
different than those in paragraph (b)(1) of this section.
(3) By civilian employees during their assigned duty hours. Lunch
time is not considered duty time for civilian employees.
(4) By civilian or military personnel in places of duty.
(5) By any person in a public place, except: in the Twin Lakes and
Weston Lake Recreational Areas, in the immediate vicinity of Oyster
Point (Officers' Club), at installation club facilities governed by
section II of AR 215-2, and at Army/Air Force Exchange Service (AAFES)
eating establishments which serve alcoholic beverages for on-premises
consumption.
(6) By any person in any Fort Jackson parking lot or parking area,
to include the Burger King parking lot and all parking lots of AAFES
facilities and installation club facilities.
(c) The presence of any person in a training area or of any
permanent party soldier or civilian employee in a trainee/receptee
billeting area while impaired by alcoholic beverages or illegal drugs
is prohibited. For the purpose of this part, ``Impaired by alcoholic
beverages'' for military personnel is defined as having a blood alcohol
level of .05 percent (.05 is equivalent to 55 milligrams of alcohol per
100 milliliters of blood) or more.
(d) Privately Owned Firearms and Ammunition. For the purpose of
this part, a ``firearm'' means any device which is designed to or
readily may be converted to expel a projectile by the action of an
explosive. Air/pellet guns, BB guns and bows are subject to all of the
provisions of this paragraph except paragraph (d)(1) of this section.
(1) It is prohibited for persons residing on the installation to
fail to register privately owned firearms with their unit commander.
(2) Storage of privately owned firearms in the barracks is
prohibited. For the purposes of this part, ``barracks'' does not
include BOQs or SBEQs.
(3) It is prohibited to store privately owned firearms in BOQs,
SBEQs, or family quarters unless the firearm is unloaded, ammunition is
stored separately from the firearm in a locked container, and one of
the following methods for firearms storage is employed: by using a
trigger locking device, by storing the firearm in a locked container,
by removing the firing pin from the firearm and storing the firing pin
in a locked container, or by disassembling the firearm and storing the
disassembled parts in separate places. For the purposes of this part a
``locked container'' and a ``locking device'' mean locked containers
and locking devices the keys to which are stored in a place not
assessable to persons under 18 years of age.
(4) It is prohibited to carry on one's person any privately owned
firearm in a public place on the installation of Fort Jackson unless
participating in an authorized sporting activity or hunting in
accordance with applicable regulations.
(5) In addition to the requirements of paragraph (d)(4) of this
section, a person under 18 years of age is prohibited from carrying on
his or her person a firearm outside the presence of a responsible
adult.
(6) Carrying a concealed firearm on one's person, except by
military, state and Federal law enforcement authorities in the
performance of their duties, is prohibited.
(7) It is prohibited to transport in a vehicle any privately owned
firearm except in a manner prescribed by the laws of South Carolina.
(8) It is prohibited to carry on one's person or transport in a
vehicle any privately owned firearm within the Weston Lakes and Twin
Lakes Recreation areas.
(e) Weapons Other Than Privately Owned Firearms. The possession of
the following privately owned weapons or devices is prohibited:
(1) Any knife having a switchblade or automatic blade.
(2) Brass knuckles or similar devices.
(3) Blackjacks, saps, nunchaku and similar devices. As exceptions,
nunchucks may be possessed for bona fide educational instruction or
competition in a recognized martial arts program and may be carried and
transported directly to and from educational and competitive martial
arts events.
(4) When carried on one's person in an unconcealed manner, knives
with blades in excess of three inches in length except while engaged in
authorized hunting, fishing, camping or other outdoor recreational
activities, or when required by duty purposes.
(5) When carried on one's person in a concealed manner, knives with
blades in excess of three inches, razors and ice picks.
(f) The charging of a usurious interest rate, defined as a rate
exceeding thirty-six (36) percent per annum or three (3) percent per
month, for the loan of money or for the extension of credit, is
prohibited.
(g) Sexual intercourse or any indecent, lewd or lascivious act in
any office, barracks, training area, duty location, parking lot, public
recreation area or public place is prohibited.
(h) Relationships between service members of different rank or sex
which involve or reasonably give the appearance of partiality,
preferential treatment, the improper use of rank or position for any
personal gain, or which can otherwise be reasonably expected to
undermine discipline, authority or morale, are prohibited.
(i) Being present in any ``off-limits'' or ``limited access''
areas, except as authorized in Fort Jackson Regulation 190-3, is
prohibited (See Appendix A to this subpart).
(j) Use of a metal detector for other than official purposes is
prohibited.
(k) When directed to do so by the Military Police, failure to
relinquish possession or control to the Military Police of abandoned
property found on the installation is prohibited.
(l) Scavenging in or removal of waste items or recyclable materials
from dumpsters, garbage cans, outdoor trash receptacles, recycling
collection points, or landfill areas is prohibited, except for official
purposes. This part does not prohibit persons from collecting and
disposing of scattered litter, including aluminum cans, from roadsides,
parking lots and recreation areas.
(m) It is prohibited for military personnel to engage in outside
employment of any nature, including ownership or operation of a private
business, without the prior written approval of their commander.
Soldiers reassigned or reattached from one Fort Jackson unit to another
Fort Jackson unit must obtain approval for continued employment from
the gaining commander within 30 days of reassignment.
(n) Except as authorized by the Installation Commander, Chief of
Staff or a Major Subordinate Commander, the use of radios, stereos,
tape players, compact disk players or any other similar electronic
sound generating or amplification source, including equipment installed
or located in motor vehicles, in a manner that can be heard more than
125 feet from the source, is prohibited. This paragraph does not apply
to law enforcement or emergency vehicles, or safety warning devices.
(o) Loitering in any public place on Fort Jackson, to include all
parking lots, is prohibited. Loitering is defined as remaining idle in
essentially one location, spending time idly, loafing, or walking
around without a purpose in a public place in such a manner as to
create a disturbance or annoyance to the comfort of any person, create
a danger of a breach of the peace, obstruct or interfere with any
person lawfully in any public place, or obstruct or hinder the free
passage of vehicles or pedestrians. Any person loitering as defined
above in any public place may be ordered by a law enforcement officer
to leave that place or the Fort Jackson military reservation.
Sec. 552.153 Dissemination.
(a) Unit commanders and supervisors shall ensure that newly
assigned or attached military and civilian personnel are informed of
the prohibitions contained in this regulation. Soldiers-in-training
will be informed of the provisions of this regulation at the beginning
of each training cycle.
(b) All permanent party personnel and civilian employees will be
reminded annually of their duty to comply with this part.
Appendix A to Subpart L--Partial List of Other Publications Applicable
on Fort Jackson Which List Prohibited Practices
These publications are available for inspection at the Office of
the Staff Judge Advocate, Fort Jackson, SC 29207-5000.
1. Distribution of Written Materials on the Installation--Fort
Jackson Supplement 1 to AR 210-10.
2. Demonstrations, Pickets, Sit-ins, etc.--Fort Jackson
Supplement 1 to AR 210-10.
3. Standards of Ethical Conduct for Employees of the Executive
Branch, 5 Code of Federal Regulations, Part 2635.
4. Improper Associations--Fort Jackson Regulation 600-5.
5. Mistreatment of Soldiers-in-Training--Fort Jackson Regulation
350-1.
6. Participation in Military Labor Unions--Army Regulation 600-
20.
7. Traffic Violations--Fort Jackson Regulation 190-5.
8. Areas of Access--Fort Jackson Regulation 190-3.
Kenneth L. Denton,
Army Federal Register Liaison Officer.
[FR Doc. 94-13947 Filed 6-16-94; 8:45am]
BILLING CODE 3710-08-M
