[Federal Register Volume 62, Number 121 (Tuesday, June 24, 1997)]
[Rules and Regulations]
[Pages 33998-33999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16480]
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DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 552
[APG Reg 1-1]
Protests, Picketing, and Other Similar Demonstrations on the
Installation of Aberdeen Proving Ground, MD
AGENCY: Department of the Army, DoD.
ACTION: Final Rule.
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SUMMARY: This final rule establishes 32 CFR Part 552, Subpart P,
Protests, Picketing, and Other similar Demonstrations, and
authenticates Aberdeen Proving Ground Regulation, APG Reg. 1-1. This
subpart implements policies, responsibilities, and procedures for
protests, picketing, and other similar demonstration on the Aberdeen
Proving Ground military reservation. This regulation is applicable to
all personnel assigned, residing, working, or visiting on the Aberdeen
Proving Ground reservation.
EFFECTIVE DATE: June 24, 1997.
ADDRESSES: Commander, U.S. Army Test and Evaluation Command, Office of
the Chief Counsel and Staff Judge Advocate, Aberdeen Proving Ground,
Maryland 21005.
FOR FURTHER INFORMATION CONTACT: Laura R. Haug, Deputy Chief Counsel,
telephone (410) 278-1105 or 1107.
SUPPLEMENTARY INFORMATION: Supplementation of this subpart by
subordinate units is prohibited.
On April 2, 1997, we published the proposed rule in the Notice of
Proposed Rulemaking section of the Federal Register (Vol. 62, No. 63,
pages 15639-15640) with the comment period ending on May 2, 1997.
We did not receive any objections to the proposed rule. We did,
however, receive a comment from a citizen who indicated that the
wording in Sec. 552.213(a) that Aberdeen Proving Ground ``is NOT open
for expressive activity'' is inconsistent with regulation. We agree
with this comment since expressive activity may be permitted in certain
circumstances with the Commander's approval based on the Commander's
concerns for discipline, mission accomplishment, protection of
property, and the health, morale, and welfare of the Aberdeen Proving
Ground community. Therefore, Sec. 552.213 is amended to indicate that
Aberdeen Proving Ground ``is a non-public forum and is open for
expressive activity only under certain circumstances.''
Executive Order 12291
This rule is not a major rule as defined 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 31 CFR Part 552
Federal buildings and facilities.
32 CFR part 552 is amended by adding and reserving subpart O and
adding a new subpart P as follows:
Subpart P--Protests, Picketing, and Other Similar Demonstrations on the
Installation of Aberdeen Proving Ground, Maryland
Sec.
552.211 Purpose.
552.212 Scope.
552.213 Policy.
552.214 Procedures.
552.215 Responsibilities.
552.216 Violations.
Authority: 18 U.S.C. Sec. 1382.
Subpart P--Protests. Picketing, and Other Similar Demonstrations on
the Installation of Aberdeen Proving Ground, Maryland
Sec. 552.211 Purpose.
This subpart establishes policies, responsibilities, and procedures
for protests, pickeing, and other similar demonstrations on the
Aberdeen Proving Ground installation.
Sec. 552.212 Scope.
(a) The provisions of this subpart apply to all elements of U.S.
Army Garrison, Aberdeen Proving Ground (USAGAPG), and the supported
organizations and activities on the Aberdeen and Edgewood Areas of
Aberdeen Proving Ground.
(b) The provisions of this subpart cover all public displays of
opinions made by protesting, picketing, or any other similar
demonstration.
(c) The provisions of this subpart are applicable to all people,
military and civilian employees, and all visitors, family members, or
others, entering, upon or present at Aberdeen Proving Ground.
Sec. 552.213 Policy.
(a) Aberdeen Proving Ground is a non-public forum and is open for
expensive activity only under certain circumstances. Aberdeen Proving
Ground is a military installation under the exclusive federal
jurisdiction at which official business of the federal government is
conducted, including military training, testing of weapon systems and
other military equipment, and other official business.
(b) On Aberdeen Proving Ground, except for activities authorized
under 5 United States Code Chapter 71, Labor Management Relations, it
is unlawful for any person to engage in any public displays of opinions
made by protesting, picketing or any other similar demonstration
without the approval of the Commander, U.S. Army Garrison, Aberdeen
Proving Ground. Therefore, unless prior approval has been obtained as
outlined below in 32 CFR 552.214, it will be unlawful for any person on
Aberdeen Proving Ground to:
[[Page 33999]]
(1) Engage in protests, public speeches, marches, sit-ins, or
demonstrations promoting a point of view.
(2) Interrupt or disturb the testing and evaluating of weapon
systems, or any training, formation, ceremony, class, court-martial,
hearing, or other military business.
(3) Obstruct movement on any street, road, sidewalk, pathway, or
other vehicle or pedestrian thoroughfare.
(4) Utter to any person abusive, insulting, profane, indecent, or
otherwise provocative language that by its very utterance tends to
excite a breach of the peace.
(5) Distribute or post publications, including pamphlets,
newspapers, magazines, handbills, flyers, leaflets, and other printed
materials, except through regularly established and approved
distribution outlets and places.
(6) Circulate petitions or engage in picketing or similar
demonstrations for any purpose.
(7) Engage in partisan political campaigning or electioneering.
(8) Disobey a request from Department of Defense police, other
government law enforcement officials (e.g., Federal, State, or local
law enforcement officials), military police, or other competent
authority to disperse, move along or leave the installation.
(c) In appropriate cases, the Commander, U.S. Army Garrison,
Aberdeen Proving Ground may give express written permission for
protests, picketing, or any other similar demonstrations on Aberdeen
Proving Ground property outside the gates adjacent to the installation
borders, only if the procedures outlined below in 32 CFR 552.214 are
followed.
Sec. 552.214 Procedures.
(a) Any person or persons desiring to protest, picket, or engage in
any other similar demonstrations on Aberdeen Proving Ground must submit
a written request to the Commander, U.S. Army Garrison, Aberdeen
Proving Ground, ATTN: STEAP-CO, 2201 Aberdeen Boulevard, Aberdeen
Proving Ground, Maryland 21005-5001. The request must be received at
least 30 calendar days prior to the demonstration, and it must include
the following:
(1) Name, address, and telephone number of the sponsoring person or
organization. (If it is an organization, include the name of the point
of contact.)
(2) Purpose of the event.
(3) Number of personnel expected to attend.
(4) Proposed date, time, location and duration of the event.
(5) Proposed means of transportation to and from APG.
(6) Proposed means of providing security, sanitary services and
related ancillary services to the participants.
(b) Based on the Commander's concerns for discipline, mission
accomplishment, protection of property, and the safeguarding of the
health, morale, and welfare of the APG community, the Commander will
determine whether to grant the request and, if granted, any limitations
as to where and when it will take place.
Sec. 552.215 Responsibilities.
(a) Director, Law Enforcement and Security, U.S. Army Garrison,
Aberdeen Proving Ground, will furnish police support as needed.
(b) Chief Counsel and Staff Judge Advocate, U.S. Army Test and
Evaluation Command, will provide a legal review of the request.
Sec. 552.216 Violations.
(a) A person is in violation of the terms of this subpart if:
(1) That person enters or remains upon Aberdeen Proving Ground when
that person is not licensed, invited, or otherwise authorized by the
Commander, U.S. Army Garrison, Aberdeen Proving Ground pursuant to the
terms of Sec. 552.214; or
(2) That person enters upon or remains upon Aberdeen Proving Ground
for the purpose of engaging in any activity prohibited or limited by
this subpart.
(b) All persons (military personnel, Department of the Army
civilian employees, civilians, and others) may be prosecuted for
violating the provisions of this subpart. Military personnel may be
prosecuted under the Uniform Code of Military Justice. Department of
the Army civilian employees may be prosecuted under 18 U.S.C. 1382,
and/or disciplined under appropriate regulations. Civilians and others
may be prosecuted under 18 U.S.C. 1382.
(c) Administrative sanctions may include, but are not limited to,
bar actions including suspension of access privileges, or permanent
exclusion from Aberdeen Proving Ground.
Dated: June 5, 1997.
Roslyn M. Glantz,
Colonel, U.S. Army, Aberdeen Proving Ground Garrison Commander.
[FR Doc. 97-16480 Filed 6-23-97; 8:45 am]
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