Conduct on Postal Service Property

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.

orce 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

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:

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:

ng, 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:

l 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]

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