72078 Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Rules and Regulations 

POSTAL SERVICE 

39 CFR Part 232 

Conduct on Postal Property 

AGENCY: Postal Service. 

ACTION: Final rule. 

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 

§§ 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 

§§ 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 § 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 § 232.1(h)(1) to 

§ 232.1(e). 

List of Subjects in 39 CFR Part 232 

Federal buildings and facilities, 

Penalties, Postal Service. 

■ 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 

■ Part 232 is amended as follows: 

■ 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. 

■ 2. In § 232.1, paragraph (a) is revised 

to read as follows: 

§ 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. 

* * * * * 

§ 232.1 [Amended] 

■ 3. In § 232.1(e), add the phrase 

‘‘impedes ingress to or egress from post 

offices, or otherwise’’ before the term 

‘‘obstructs.’’

§ 232.1 [Amended] 

■ 4. In § 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket No. FEMA–7903] 

Suspension of Community Eligibility 

AGENCY: Department of Homeland 

Security, Federal Emergency 

Management Agency (FEMA), 

Mitigation Division. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed