Protests, Picketing, and Other Similar Demonstrations on the Installation of Aberdeen Proving Ground, MD

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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