[Federal Register Volume 63, Number 122 (Thursday, June 25, 1998)]
[Rules and Regulations]
[Pages 34599-34600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16971]
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POSTAL SERVICE
39 CFR Part 232
Conduct on Postal Service Property
AGENCY: Postal Service.
ACTION: Final rule.
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SUMMARY: This final rule amends United States Postal Service
regulations concerning conduct on postal property 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 unauthorized
leafleting, picketing, demonstrating, public assembly, and public
address in lobbies and other interior areas of postal buildings open to
the public; 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 guide 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 Office of Inspector General
Criminal Investigators and other persons designated by the Chief Postal
Inspector may also enforce Postal Service property regulations.
EFFECTIVE DATE: This final rule is effective June 25, 1998.
FOR FURTHER INFORMATION CONTACT: Henry J. Bauman, Independent Counsel,
Postal Inspection Service, (202) 268-4415.
SUPPLEMENTARY INFORMATION: On November 18, 1997, the Postal Service
published a proposed rule to amend its conduct on postal property
regulations, 62 FR 61481. Comments concerning the proposed rule were
received from one organization, the National Newspaper Association
(NNA), before the comment period closed on December 18, 1997. NNA
objected to the language in proposed Sec. 232.1(h)(1) prohibiting the
vending of newspapers on postal property. NNA believes the language is
too broad and may be misinterpreted in the future as prohibiting the
placement of newspaper racks in nonpostal property locations that are
contiguous to postal property. NNA also objected to the language in
proposed Sec. 232.1(h)(1) prohibiting the impeding of ingress to or
egress from post offices. NNA recommended deleting the language,
stating there are certain post offices in which the sidewalks leading
to and from the postal property are public walkways that would qualify
as public fora exempt from Postal Service regulation under United
States v. Kokinda. Finally, NNA suggested the proposed amendments
should be changed to make clear that they apply only to postal
property.
In response to the NNA comments, the Postal Service acknowledges
that it has no authority to regulate conduct on nonpostal property,
including public property that is contiguous to postal property.
Current Sec. 232.1(a) provides that the regulations apply only to real
property under the charge and control of the Postal Service. In those
cases where post offices are accessible only through nonpostal public
or private property, state and local laws and regulations apply to the
nonpostal public or private property. These final regulations do not
extend, nor is it the intent to extend, Postal Service conduct on
property regulations to nonpostal property.
List of Subjects in 39 CFR Part 232
Federal buildings and facilities, Penalties, Postal Service.
Accordingly, 39 CFR part 232 is amended as set forth below.
[[Page 34600]]
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 paragraph (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 public lobbies.
* * * * *
4. 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, distributing literature, picketing, and
demonstrating by members of the public are prohibited in lobbies and
other interior areas of postal buildings open to the public. Public
assembly and public address, except when conducted or sponsored by the
Postal Service, are also prohibited in lobbies and other interior areas
of postal building 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 leagues 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(l) is revised to read as follows:
(l) 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, Office of Inspector General Criminal
Investigators, and other persons designated by the Chief Postal
Inspector may likewise enforce regulations in this section.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 98-16971 Filed 6-24-98; 8:45 am]
BILLING CODE 7710-12-P
