[Federal Register Volume 62, Number 63 (Wednesday, April 2, 1997)] [Proposed Rules] [Pages 15639-15640] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-8335] ======================================================================= ----------------------------------------------------------------------- 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: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This action will establish 32 CFR Part 552, Subpart P, Protests, Picketing, and Other Similar Demonstrations, and authenticates Aberdeen Proving Ground Regulation, APG Reg. 1-1. This subpart will establish policies, responsibilities, and procedures for protests, picketing, and other similar demonstration on the Aberdeen Proving Ground military reservation. This regulation will be applicable to all personnel assigned, residing, working, or visiting on the Aberdeen Proving Ground reservation. DATES: Comments must be received no later than May 2, 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. Executive Order 12291 This proposed rule is not a major rule as defined by Executive Order 12291. Regulatory Flexibility Act The Regulatory Flexibility Act has no bearing on this proposed rule. Paperwork Reduction Act This proposed rule does not contain reporting or recordkeeping requirements subject to the Paperwork Reduction Act. List of Subjects in 32 CFR Part 552 Federal buildings and facilities. It is proposed to add Subpart P to 32 CFR Part 552 as set forth below: Roslyn M. Glantz, Colonel, U.S. Army, Aberdeen Proving Ground Garrison Commander. 32 CFR Part 552 is amended by 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, picketing, 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 display 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 NOT open for expressive activity. 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. [[Page 15640]] (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: (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, civilian, 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 U.S.C. 1832, and/or disciplined under appropriate regulations. Civilians and others may be prosecuted under 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. [FR Doc. 97-8335 Filed 4-1-97; 8:45 am] BILLING CODE 3710-08-M