Conduct on Postal Property, 72078 [05-23507]

Agencies

• Postal Service

[Federal Register Volume 70, Number 230 (Thursday, December 1, 2005)]
[Rules and Regulations]
[Page 72078]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23507]



[[Page 72078]]

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POSTAL SERVICE

39 CFR Part 232


Conduct on Postal Property

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: This final rule amends Postal Service regulations pertaining 
to conduct on postal property. The purpose of these amendments is to 
clarify the regulations.

EFFECTIVE DATE: December 1, 2005.

FOR FURTHER INFORMATION CONTACT: Susan L. Koetting, Attorney, (202) 
268-4818.

SUPPLEMENTARY INFORMATION: The Postal Service's regulations pertaining 
to conduct on postal property, among other things, prohibit persons 
from soliciting signatures on petitions, polls, and surveys on postal 
property. 63 FR 34599 (June 25, 1998). This amendment clarifies that, 
with respect to Sec. Sec.  232.1(h)(1) and 232.1(o), the regulations 
are not applicable to certain types of perimeter sidewalks surrounding 
Postal Service property that are owned in whole or in part by the 
Postal Service, that is, those that fall within the Postal Service's 
property lines. These sidewalks are those that surround the outer 
perimeters of Postal Service property and are indistinguishable from 
adjacent municipal or other public sidewalks. Because members of the 
public might not be able to distinguish this type of postal property 
from municipal or other public property, and thus might not realize 
that they have entered onto postal property, with respect to the 
sections listed above, the Postal Service will exclude such property 
from these regulations. Although it has always been the Postal 
Service's practice to not enforce these sections of the regulations on 
these types of perimeter sidewalks, specifically making these sections 
of the regulations inapplicable to such sidewalks eliminates potential 
confusion.
    In addition, this amendment clarifies that the regulations do not 
apply at all to property that is owned or leased by the Postal Service, 
but is leased or subleased to private tenants for their exclusive use. 
Any restrictions to be imposed on property that is leased to private 
tenants will be contained in the subject lease or sublease.
    The regulations continue to apply to other types of exterior Postal 
Service property that are open to the public, including internal 
sidewalks that are easily distinguishable from the perimeter sidewalks 
by means of some physical feature, such as sidewalks perpendicular to 
the perimeter sidewalks (``feeder'' sidewalks), sidewalks leading from 
a postal parking lot to the postal building, and other exterior areas, 
such as parking lots, porches, patios, and steps.
    The amendment is also intended to clarify that the prohibition 
against soliciting signatures on postal property refers to the actual 
collection of the signatures and not to communication that promotes the 
signing of petitions, polls, and surveys somewhere other than on Postal 
Service premises. Any such activities are still subject to other 
provisions, as applicable, such as those prohibiting disturbances, 
soliciting contributions or collecting private debts, campaigning for 
public office, vending, commercial advertising, impeding ingress and 
egress, depositing or posting literature, and setting up tables, 
stands, or other structures.
    The Postal Service, therefore, is revising Section 232.1(a) to 
specify that the regulations do not apply to real property, owned or 
leased by the Postal Service, that is leased or subleased by the Postal 
Service to private tenants for their exclusive use; or, with respect to 
Sec. Sec.  232.1(h)(1) and 232.1(o), to sidewalks surrounding the outer 
perimeter of postal property that are indistinguishable from municipal 
or other public sidewalks, even when the Postal Service owns all or 
part of such sidewalks. In addition, the Postal Service is revising 
Sec.  232.1(h)(1) to substitute the term ``collecting'' for 
``soliciting'' in the provision pertaining to signatures on petitions, 
polls, and surveys and is moving the provision prohibiting blocking 
ingress and egress from post offices from Sec.  232.1(h)(1) to Sec.  
232.1(e).

List of Subjects in 39 CFR Part 232

    Federal buildings and facilities, Penalties, Postal Service.

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In view of the considerations discussed above, the Postal Service 
adopts the following amendments to 39 CFR part 232.

PART 232--CONDUCT ON POSTAL PROPERTY

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Part 232 is amended as follows:
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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. 1315; Pub. L. 104-208, 110 
Stat. 1060.

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2. In Sec.  232.1, paragraph (a) is revised to read as follows:


Sec.  232.1  Conduct on postal property.

    (a) Applicability. This section applies to all real property under 
the charge and control of the Postal Service, to all tenant agencies, 
and to all persons entering in or on such property. This section shall 
be posted and kept posted at a conspicuous place on all such property. 
This section shall not apply to--
    (i) Any portions of real property, owned or leased by the Postal 
Service, that are leased or subleased by the Postal Service to private 
tenants for their exclusive use;
    (ii) With respect to sections 232.1(h)(1) and 232.1(o), sidewalks 
along the street frontage of postal property falling within the 
property lines of the Postal Service that are not physically 
distinguishable from adjacent municipal or other public sidewalks, and 
any paved areas adjacent to such sidewalks that are not physically 
distinguishable from such sidewalks.
* * * * *


Sec.  232.1  [Amended]

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3. In Sec.  232.1(e), add the phrase ``impedes ingress to or egress 
from post offices, or otherwise'' before the term ``obstructs.''


Sec.  232.1  [Amended]

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4. In Sec.  232.1(h)(1), remove the words ``soliciting signatures'' and 
add the words ``collecting signatures'' in their place. Delete the 
phrase ``and impeding ingress to or egress from post offices.''

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 05-23507 Filed 11-30-05; 8:45 am]
BILLING CODE 7710-12-P