Conduct on Postal Service Property

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. Portions of the existing Postal Service conduct regulations have been upheld by the Supreme Court in United States v. Kokinda, 497 U.S. 720 (1990). The United States Postal Service was created in order to ensure prompt, reliable, and efficient postal services to the public in a businesslike manner. It is the Postal Service's experience that the activities described above are generally disruptive to postal business. Thus, the Postal Service is prohibiting

activities that create significant interference with its statutory mandate. A new prohibition on leafleting, picketing, demonstrating, public assembly, and public address in lobbies and other interior areas of postal buildings open to the public is proposed. Such activities are not prohibited outside postal buildings, as long as they do not otherwise violate these regulations. It is the Postal Service's experience, however, that such activities conducted inside postal buildings are generally disruptive to postal operations and impede customers and employees from conducting postal transactions. A new prohibition on the placement of tables, chairs, freestanding signs or posters, structures, or furniture of any 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: (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: (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: (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] BILLING CODE 7710-12-M