[Federal Register Volume 59, Number 116 (Friday, June 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13947]


[[Page Unknown]]

[Federal Register: June 17, 1994]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 552

 

Prohibited Personnel Practices on the Installation of Fort 
Jackson, SC

AGENCY: Department of the Army, DOD.

ACTION: Final rule.

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SUMMARY: This action establishes 32 CFR part 552, subpart L, 
Personnel--Prohibited Practices and authenticates Fort Jackson 
Regulation 600-3, printed in the Federal Register as a proposed rule on 
29 July 1993 (58 FR 40611). This subpart establishes prohibited 
practices on the installation of Fort Jackson, South Carolina. These 
prohibited practices apply to all persons as signed to, attached to, or 
present on the installation of Fort Jackson, South Carolina. Prohibited 
practices listed in this part are not all inclusive.

EFFECTIVE DATE: This final rule is effective June 17, 1994.

ADDRESSES: Commander, U.S. Army Training Center and Fort Jackson, 
Office of the Staff Judge Advocate, Fort Jackson, SC 29207-5000.

FOR FURTHER INFORMATION CONTACT: CPT Thomas M. Gagne, Trial Counsel, 
telephone: (803) 751-6848.

SUPPLEMENTARY INFORMATION: This part does not list all activities or 
practices prohibited on the installation of Fort Jackson, South 
Carolina. Various other Army and Fort Jackson regulations specifically 
prohibit other activities or practices. See Appendix A to this subpart.

Executive Order 12291

    This rule is not affected 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 32 CFR Part 552

    Military personnel, government employees.

    Accordingly, 32 CFR part 552, subpart L is added to read as 
follows:

PART 552--SUBPART L--PROHIBITED PERSONNEL PRACTICES ON THE 
INSTALLATION OF FORT JACKSON, SOUTH CAROLINA

Sec.
552.150  Purpose.
552.151  Scope.
552.152  Prohibited practices.
552.153  Dissemination.

Appendix A to Subpart L--Partial List of Other Publications Applicable 
on Fort Jackson Which List Prohibited Practices
    Authority: 10 U.S. Code, Ch. 47, 21 U.S. Code 801, et seq.

Subpart L--Prohibited Personnel Practices on the Installation of 
Fort Jackson, SC


Sec. 552.150  Purpose.

    This part is punitive in nature and applies to all persons assigned 
to, attached to, or present on the installation of Fort Jackson, South 
Carolina. A violation of, attempted violation of, or solicitation or 
conspiracy to violate any provision of this part provides the basis for 
criminal prosecution under the Uniform Code of Military Justice, 
applicable Federal Law, other regulations, and/or adverse 
administrative action. Civilian visitors may be barred from the 
installation of Fort Jackson and prosecuted under appropriate Federal 
laws. The enumeration of prohibited activities in this part is not 
intended to preclude prosecution under other provisions of law or 
regulation.


Sec. 552.151  Scope.

    This part does not list all activities or practices prohibited on 
the installation of Fort Jackson, South Carolina. Various other Army 
and Fort Jackson regulations specifically prohibit other activities or 
practices. See Appendix A to this subpart.


Sec. 552.152  Prohibited practices.

    The following activities are prohibited:
    (a) The possession, delivery, sale, transfer, or introduction into 
the installation of Fort Jackson of any device, instrument or 
paraphernalia designed or reasonably intended for use in introducing 
into the human body a controlled substance, as defined in the 
Controlled Substances Act, 21 U.S.C. 801, et seq., is prohibited.
    (b) Unless an exception is approved by the Chief of Staff or a 
Major Subordinate Commander for a special occasion, consumption of 
alcoholic beverages, or the possession of an open container thereof, is 
prohibited under the circumstances listed in this section. For the 
purpose of this part, an ``alcoholic beverage'' is any liquid beverage 
containing any amount of ethyl alcohol, including wines, malt beverages 
and distilled spirits.
    (1) By military personnel in uniform during duty hours (0730-1630).
    (2) By military personnel during their assigned duty hours when 
different than those in paragraph (b)(1) of this section.
    (3) By civilian employees during their assigned duty hours. Lunch 
time is not considered duty time for civilian employees.
    (4) By civilian or military personnel in places of duty.
    (5) By any person in a public place, except: in the Twin Lakes and 
Weston Lake Recreational Areas, in the immediate vicinity of Oyster 
Point (Officers' Club), at installation club facilities governed by 
section II of AR 215-2, and at Army/Air Force Exchange Service (AAFES) 
eating establishments which serve alcoholic beverages for on-premises 
consumption.
    (6) By any person in any Fort Jackson parking lot or parking area, 
to include the Burger King parking lot and all parking lots of AAFES 
facilities and installation club facilities.
    (c) The presence of any person in a training area or of any 
permanent party soldier or civilian employee in a trainee/receptee 
billeting area while impaired by alcoholic beverages or illegal drugs 
is prohibited. For the purpose of this part, ``Impaired by alcoholic 
beverages'' for military personnel is defined as having a blood alcohol 
level of .05 percent (.05 is equivalent to 55 milligrams of alcohol per 
100 milliliters of blood) or more.
    (d) Privately Owned Firearms and Ammunition. For the purpose of 
this part, a ``firearm'' means any device which is designed to or 
readily may be converted to expel a projectile by the action of an 
explosive. Air/pellet guns, BB guns and bows are subject to all of the 
provisions of this paragraph except paragraph (d)(1) of this section.
    (1) It is prohibited for persons residing on the installation to 
fail to register privately owned firearms with their unit commander.
    (2) Storage of privately owned firearms in the barracks is 
prohibited. For the purposes of this part, ``barracks'' does not 
include BOQs or SBEQs.
    (3) It is prohibited to store privately owned firearms in BOQs, 
SBEQs, or family quarters unless the firearm is unloaded, ammunition is 
stored separately from the firearm in a locked container, and one of 
the following methods for firearms storage is employed: by using a 
trigger locking device, by storing the firearm in a locked container, 
by removing the firing pin from the firearm and storing the firing pin 
in a locked container, or by disassembling the firearm and storing the 
disassembled parts in separate places. For the purposes of this part a 
``locked container'' and a ``locking device'' mean locked containers 
and locking devices the keys to which are stored in a place not 
assessable to persons under 18 years of age.
    (4) It is prohibited to carry on one's person any privately owned 
firearm in a public place on the installation of Fort Jackson unless 
participating in an authorized sporting activity or hunting in 
accordance with applicable regulations.
    (5) In addition to the requirements of paragraph (d)(4) of this 
section, a person under 18 years of age is prohibited from carrying on 
his or her person a firearm outside the presence of a responsible 
adult.
    (6) Carrying a concealed firearm on one's person, except by 
military, state and Federal law enforcement authorities in the 
performance of their duties, is prohibited.
    (7) It is prohibited to transport in a vehicle any privately owned 
firearm except in a manner prescribed by the laws of South Carolina.
    (8) It is prohibited to carry on one's person or transport in a 
vehicle any privately owned firearm within the Weston Lakes and Twin 
Lakes Recreation areas.
    (e) Weapons Other Than Privately Owned Firearms. The possession of 
the following privately owned weapons or devices is prohibited:
    (1) Any knife having a switchblade or automatic blade.
    (2) Brass knuckles or similar devices.
    (3) Blackjacks, saps, nunchaku and similar devices. As exceptions, 
nunchucks may be possessed for bona fide educational instruction or 
competition in a recognized martial arts program and may be carried and 
transported directly to and from educational and competitive martial 
arts events.
    (4) When carried on one's person in an unconcealed manner, knives 
with blades in excess of three inches in length except while engaged in 
authorized hunting, fishing, camping or other outdoor recreational 
activities, or when required by duty purposes.
    (5) When carried on one's person in a concealed manner, knives with 
blades in excess of three inches, razors and ice picks.
    (f) The charging of a usurious interest rate, defined as a rate 
exceeding thirty-six (36) percent per annum or three (3) percent per 
month, for the loan of money or for the extension of credit, is 
prohibited.
    (g) Sexual intercourse or any indecent, lewd or lascivious act in 
any office, barracks, training area, duty location, parking lot, public 
recreation area or public place is prohibited.
    (h) Relationships between service members of different rank or sex 
which involve or reasonably give the appearance of partiality, 
preferential treatment, the improper use of rank or position for any 
personal gain, or which can otherwise be reasonably expected to 
undermine discipline, authority or morale, are prohibited.
    (i) Being present in any ``off-limits'' or ``limited access'' 
areas, except as authorized in Fort Jackson Regulation 190-3, is 
prohibited (See Appendix A to this subpart).
    (j) Use of a metal detector for other than official purposes is 
prohibited.
    (k) When directed to do so by the Military Police, failure to 
relinquish possession or control to the Military Police of abandoned 
property found on the installation is prohibited.
    (l) Scavenging in or removal of waste items or recyclable materials 
from dumpsters, garbage cans, outdoor trash receptacles, recycling 
collection points, or landfill areas is prohibited, except for official 
purposes. This part does not prohibit persons from collecting and 
disposing of scattered litter, including aluminum cans, from roadsides, 
parking lots and recreation areas.
    (m) It is prohibited for military personnel to engage in outside 
employment of any nature, including ownership or operation of a private 
business, without the prior written approval of their commander. 
Soldiers reassigned or reattached from one Fort Jackson unit to another 
Fort Jackson unit must obtain approval for continued employment from 
the gaining commander within 30 days of reassignment.
    (n) Except as authorized by the Installation Commander, Chief of 
Staff or a Major Subordinate Commander, the use of radios, stereos, 
tape players, compact disk players or any other similar electronic 
sound generating or amplification source, including equipment installed 
or located in motor vehicles, in a manner that can be heard more than 
125 feet from the source, is prohibited. This paragraph does not apply 
to law enforcement or emergency vehicles, or safety warning devices.
    (o) Loitering in any public place on Fort Jackson, to include all 
parking lots, is prohibited. Loitering is defined as remaining idle in 
essentially one location, spending time idly, loafing, or walking 
around without a purpose in a public place in such a manner as to 
create a disturbance or annoyance to the comfort of any person, create 
a danger of a breach of the peace, obstruct or interfere with any 
person lawfully in any public place, or obstruct or hinder the free 
passage of vehicles or pedestrians. Any person loitering as defined 
above in any public place may be ordered by a law enforcement officer 
to leave that place or the Fort Jackson military reservation.


Sec. 552.153  Dissemination.

    (a) Unit commanders and supervisors shall ensure that newly 
assigned or attached military and civilian personnel are informed of 
the prohibitions contained in this regulation. Soldiers-in-training 
will be informed of the provisions of this regulation at the beginning 
of each training cycle.
    (b) All permanent party personnel and civilian employees will be 
reminded annually of their duty to comply with this part.

Appendix A to Subpart L--Partial List of Other Publications Applicable 
on Fort Jackson Which List Prohibited Practices

    These publications are available for inspection at the Office of 
the Staff Judge Advocate, Fort Jackson, SC 29207-5000.
    1. Distribution of Written Materials on the Installation--Fort 
Jackson Supplement 1 to AR 210-10.
    2. Demonstrations, Pickets, Sit-ins, etc.--Fort Jackson 
Supplement 1 to AR 210-10.
    3. Standards of Ethical Conduct for Employees of the Executive 
Branch, 5 Code of Federal Regulations, Part 2635.
    4. Improper Associations--Fort Jackson Regulation 600-5.
    5. Mistreatment of Soldiers-in-Training--Fort Jackson Regulation 
350-1.
    6. Participation in Military Labor Unions--Army Regulation 600-
20.
    7. Traffic Violations--Fort Jackson Regulation 190-5.
    8. Areas of Access--Fort Jackson Regulation 190-3.
Kenneth L. Denton,
Army Federal Register Liaison Officer.
[FR Doc. 94-13947 Filed 6-16-94; 8:45am]
BILLING CODE 3710-08-M