[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Rules and Regulations]
[Page 30031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13725]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 /
Rules and Regulations
[[Page 30031]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Chapter I
Temporary Extension of Applicability of Regulations Governing
Conduct on Federal Property
AGENCY: Office of the Secretary, Department of Homeland Security (DHS).
ACTION: Notification of temporary extension of the applicability of
regulations.
-----------------------------------------------------------------------
SUMMARY: This document announces that the Secretary of Homeland
Security, pursuant to the Homeland Security Act of 2002, has
temporarily extended the applicability of certain regulations governing
conduct on federal property to a certain area within the United States
Border Patrol's El Centro Sector allowing for their enforcement. This
temporary administrative extension enables DHS to protect and secure
federal property at or near the project area for replacement border
barrier near the city of Calexico, California, including but not
limited to, project sites, staging areas, access roads, and buildings
temporarily erected to support construction activities, and to carry
out DHS's statutory obligations to protect and secure the nation's
borders. The project area for border barrier replacement is situated
within a geographic area that starts at the Calexico West Port of
Entry, and extends approximately three miles west along the southern
U.S. border.
DATES: Pursuant to 40 U.S.C. 1315(d), the extension began on May 20,
2018 and will continue for the duration of the construction activities
related to the border barrier replacement project near the city of
Calexico, California.
FOR FURTHER INFORMATION CONTACT: Joshua A. Vayer, Division Director,
Protective Operations Division, Federal Protective Service,
[email protected].
SUPPLEMENTARY INFORMATION:
Background
Pursuant to section 1706 of the Homeland Security Act of 2002,
Public Law 107-296, 116 Stat. 2135 (Nov. 25, 2002), as codified at 40
U.S.C. 1315, the Secretary of Homeland Security is responsible for
protecting the buildings, grounds, and property owned, occupied, or
secured by the federal government (including any agency,
instrumentality, or wholly owned or mixed ownership corporation
thereof) and the persons on the property. To carry out this mandate,
the Department is authorized to enforce the applicable federal
regulations for the protection of persons and property set forth in 41
CFR part 102-74, subpart C.\1\ These regulations govern conduct on
federal property and set forth the relevant criminal penalties.
Although these regulations apply to all property under the authority of
the General Services Administration and to all person entering in or on
such property,\2\ the Secretary of Homeland Security is authorized
pursuant to 40 U.S.C. 1315(d)(2)(A) to extend the applicability of
these regulations to any property owned or occupied by the federal
government and to enforce them.
---------------------------------------------------------------------------
\1\ Although these regulations were issued prior to the Homeland
Security Act, per section 1512 of the Act, these regulations remain
the relevant regulations for purposes of the protection and
administration of property owned or occupied by the federal
government.
\2\ See 41 CFR 102-74.365.
---------------------------------------------------------------------------
Temporary Administrative Extension of Applicability of Regulations
Governing Conduct on Federal Property to Certain Areas in the Vicinity
of the Border Near the City of Calexico
DHS is replacing existing border fence with bollard wall near the
city of Calexico in the United States Border Patrol's El Centro Sector
pursuant to several statutory and executive directives.\3\ In order to
protect and secure the property at or near the border barrier
replacement project area, including, but not limited to, project sites,
staging areas, access roads, and buildings temporarily erected to
support construction activities, I temporarily extended the
applicability, allowing the enforcement, of regulations governing the
conduct of individuals on federal property to areas in or around the
border barrier replacement project area, pursuant to 40 U.S.C.
1315(d)(2)(A). The project area for border barrier replacement wall and
fence replacement is situated within a geographic area that starts at
the Calexico West Port of Entry, and extends to approximately three
miles west along the southern U.S. border. Specifically, I temporarily
extended the applicability, allowing the enforcement, of the
regulations in 41 CFR part 102-74, subpart C, for the protection and
administration of property owned or occupied by the Federal Government
and persons on the property at or near the border barrier replacement
project area near the city of Calexico, California.
---------------------------------------------------------------------------
\3\ The statutory and executive directives relating to the
construction of the border wall replacement fencing include, but are
not limited to, section 102 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, Public Law 104-208, Div. C,
110 Stat. 3009-546, 3009-554 (Sept. 30, 1996) (8 U.S.C. 1103 note),
as amended by the REAL ID Act of 2005, Public Law 109-13, Div. B,
119 Stat. 231, 302, 306 (May 11, 2005) (8 U.S.C. 1103 note), the
Secure Fence Act of 2006, Public Law 109-367, section 3, 120 Stat.
2638 (Oct. 26, 2006) (8 U.S.C. 1103 note), and the Department of
Homeland Security Appropriations Act, 2008, Public Law 110-161, Div.
E, Title V, section 564, 121 Stat. 2090 (Dec. 26, 2007) (8 U.S.C.
1103 note); Section 2 of the Secure Fence Act of 2006, Public Law
l09-367, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1701 note); and
E.O. 13767.
---------------------------------------------------------------------------
The regulations in 41 CFR part 102-74, subpart C, will remain
applicable and enforceable at these locations for the duration of the
construction related to the border barrier replacement near the city of
Calexico, California.
Kirstjen M. Nielsen,
Secretary of Homeland Security.
[FR Doc. 2018-13725 Filed 6-26-18; 8:45 am]
BILLING CODE 4410-10-P