81_FR_11475 81 FR 11432 - Conduct on Bureau of Engraving and Printing Property

81 FR 11432 - Conduct on Bureau of Engraving and Printing Property

DEPARTMENT OF THE TREASURY
Bureau of Engraving and Printing

Federal Register Volume 81, Issue 43 (March 4, 2016)

Page Range11432-11434
FR Document2016-04817

The Department of the Treasury, Bureau of Engraving and Printing (BEP or Bureau) is amending its regulations in order to remove certain obsolete language, clarify the rules of conduct on the property, and increase the maximum penalty amount permitted for violations to $5,000 in accordance with the United States Code.

Federal Register, Volume 81 Issue 43 (Friday, March 4, 2016)
[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Rules and Regulations]
[Pages 11432-11434]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04817]


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DEPARTMENT OF THE TREASURY

Bureau of Engraving and Printing

31 CFR Part 605


Conduct on Bureau of Engraving and Printing Property

AGENCY: Bureau of Engraving and Printing, Treasury.

ACTION: Final rule.

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SUMMARY: The Department of the Treasury, Bureau of Engraving and 
Printing (BEP or Bureau) is amending its regulations in order to remove 
certain obsolete language, clarify the rules of conduct on the 
property, and increase the maximum penalty amount permitted for 
violations to $5,000 in accordance with the United States Code.

DATES: This regulation is effective April 4, 2016.

FOR FURTHER INFORMATION CONTACT: Mark Hoggan, Attorney-Advisor, Office 
of the Chief Counsel, Department of the Treasury, Bureau of Engraving 
and Printing, by phone at (202) 874-2500.

SUPPLEMENTARY INFORMATION: 

I. Background

    The mission of the Bureau of Engraving and Printing is to develop 
and produce United States currency notes, trusted worldwide. BEP prints 
billions of dollars in currency--referred to as Federal Reserve notes--
each year for delivery to the Federal Reserve System. Due to the 
sensitive nature of currency production operations, the Bureau is 
generally closed to the public. Limited areas of the Bureau, however, 
are accessible for public tours during certain authorized dates and 
times. Any individual entering, exiting, or on the Bureau's property is 
subject to the rules of conduct as prescribed within the regulations, 
and violations may result in criminal prosecution. The BEP has a high 
degree of security due to producing United States currency notes, and 
individuals entering, exiting, and on the property are placed on notice 
that they are subject to search and inspection of their person, 
personal items and property while entering, exiting, and on the 
property.
    This final rule updates the Bureau's 1994 (59 FR 41978) regulations 
that concern conduct on BEP property. The final rule removes certain 
obsolete language, clarifies the rules of conduct on the property, and 
increases the maximum penalty amount permitted for violations to $5,000 
in accordance with 18 U.S.C. 3571. The final rule also omits the term 
Special as used in the previous regulations when referring to the BEP 
Police. The term Special was unnecessary and could lead to potential 
confusion. This change has no effect on the legal authority and 
jurisdiction of the BEP Police. The rights and responsibilities of the 
BEP Police remain unchanged.
    The notice of proposed rulemaking was published on December 10, 
2015, and provided a 60-day comment period, which ended on February 8, 
2016. No comments were received. Based on the rationale set forth in 
the Supplementary Information to the notice of proposed rulemaking and 
in this final rule, the BEP is adopting the proposed rule as a final 
rule with the slight modifications of adding the words ``search or'' 
before the word ``inspection'' in paragraphs (b)(6), (b)(7), and (b)(8) 
to ensure clarity and consistency between related provisions.

II. Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act (5 U.S.C 601 et 
seq.), the Bureau certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities 
because this final rule primarily affects individuals accessing BEP 
property and is not likely to affect any small businesses.

III. Unfunded Mandates Reform Act of 1995

    The Bureau certifies that no actions were deemed necessary under 
the Unfunded Mandates Reform Act of 1995. Furthermore, this final rule 
will not result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and will not significantly or 
uniquely affect small governments.

IV. Regulatory Planning and Review (Executive Orders 12866 and 13563)

    This final rule is not a significant regulatory action as defined 
in Executive Order 12866. Executive Order 13563 calls for public 
participation and an open exchange of ideas in the regulatory process 
and seeks regulations that are accessible, consistent, written in plain 
language, and easy to understand. The Bureau has developed this final 
rule in a manner consistent with these principles.

List of Subjects in 31 CFR Part 605

    Federal buildings and facilities.

    For the reasons stated in the preamble, the Bureau of Engraving and 
Printing amends 31 CFR part 605 to read as follows:

PART 605--REGULATIONS GOVERNING CONDUCT IN BUREAU OF ENGRAVING AND 
PRINTING BUILDINGS AND ON THE GROUNDS OF WASHINGTON, DC AND FORT 
WORTH, TEXAS

0
1. The authority citation for part 605 continues to read as follows:

    Authority: 5 U.S.C. 301; Delegation, Administrator, General 
Services, dated December 3, 1992; Treasury Delegation, Assistant 
Secretary (Management), dated February 4, 1993.

0
2. Revise Sec.  605.1 to read as follows:


Sec.  605.1  Conduct on Bureau of Engraving and Printing property.

    (a) Applicability. These regulations apply to the buildings and 
grounds of the Bureau of Engraving and Printing (BEP) located in 
Washington, DC, at 14th and C Streets SW., and in Fort Worth, Texas, at 
9000 Blue Mound Road, and to all persons entering on such property. 
Unless otherwise stated, BEP buildings and grounds are referred

[[Page 11433]]

to in these regulations as the ``property.''
    (b) Limited access. (1) The property is a high-security facility 
and shall, in general, be closed to the public. Except as specified in 
this paragraph (b), access is limited to BEP employees and those 
persons having official business with BEP. Failure to comply with any 
regulations of this part may result in denial of access or removal from 
the property.
    (2) Public tours of limited areas of the property are available 
during such times as the Director may prescribe.
    (3) Limited areas of the property may be open to persons authorized 
by the Director or the Director's designee.
    (4) All persons entering and exiting the property may be required 
to present suitable identification and may be required to sign entry 
logs or registers.
    (5) All persons entering and exiting the property may be subject to 
screening devices and shall submit to screening upon request by BEP 
Police or authorized officials.
    (6) All persons entering and exiting the property may be subject to 
search or inspection of their person, handbags, briefcases, and other 
handheld articles by BEP Police or authorized officials. All persons on 
the property may be subject to additional search or inspection by BEP 
Police or authorized officials upon entry, exit, and request.
    (7) All motor vehicles entering, exiting, or located on the 
property are subject to search or inspection of the exterior and 
interior compartments by BEP Police or authorized officials at any 
time.
    (8) All lockers, cabinets, closets, desks or similar storage areas 
on the property are subject to search or inspection by BEP Police or 
authorized officials.
    (9) All computers, data storage devices, and data files owned or 
controlled by BEP are subject to search or inspection at any time.
    (10) Any entrance onto the property without official permission is 
prohibited.
    (c) Video monitoring. All persons entering, exiting, and on the 
property will be monitored by video. Most internal areas of the 
property, especially production areas, are continuously monitored by 
video. Any video image may be recorded.
    (d) Preservation of property. It shall be unlawful for any person, 
without proper authority, to willfully destroy, damage, deface, or 
remove property.
    (e) Compliance with instructions and signs. All persons on the 
property shall comply with the instructions of BEP Police, authorized 
officials, and posted signs or notices.
    (f) Nuisances. The use of loud, abusive, or profane language, 
loitering, unauthorized assembly, the creation of any hazard to persons 
or property, improper disposal of rubbish, spitting, prurient prying, 
the commission of any obscene or indecent act, or any other disorderly 
conduct on the property is prohibited. The throwing of any articles of 
any kind in, upon, or from the property and climbing upon any 
unauthorized portion of the property is prohibited.
    (g) Gambling. (1) Participation in games for money or other 
property, the operation of gambling devices, the conduct of a lottery 
or pool, the selling or purchasing of numbers, tickets, or any other 
gambling on the property is prohibited.
    (2) Possession on the property of any numbers slip or ticket, 
record, notation, receipt or other writing of a type ordinarily used in 
any illegal form of gambling, unless explained to the satisfaction of 
the Director or the Director's designee, shall be evidence of 
participation in an illegal form of gambling on the property.
    (h) Intoxicating substances, illegal narcotics, and other 
controlled substances. The possession, use, consumption, or being under 
the influence of intoxicating substances, illegal narcotics, and other 
controlled substances (see 21 CFR part 1308) while entering and on the 
property is prohibited. BEP Police may direct a person to complete a 
field sobriety test or breathalyzer test upon reasonable suspicion of 
intoxication or influence. The Director may authorize the possession, 
use, and consumption of alcoholic beverages on BEP property for 
infrequent, special occasions. Such authorization must be in writing.
    (i) Soliciting, vending, debt collection, and distribution of 
handbills. Fundraising for any cause other than the Combined Federal 
Campaign or other cause authorized by the Office of Personnel 
Management, the commercial soliciting and vending of all kinds, the 
display or distribution of commercial advertising, or the collecting of 
private debts other than as provided by law, in or on the property is 
prohibited. This rule does not apply to BEP concessions or notices 
posted by authorized employees on the bulletin boards. Distribution of 
material such as pamphlets, handbills, and flyers is prohibited without 
prior approval from the Director or the Director's designee.
    (j) Photographs and recordings. The taking of photographs on the 
property is prohibited without permission of the Director or the 
Director's designee. The taking of voice or video recordings on the 
property is prohibited without the permission of the Director or the 
Director's designee. Note: The property includes the Tour and Visitor 
Center and the limited areas accessible for public tour.
    (k) Animals. Animals, except service animals, shall not be brought 
on the property for other than official purposes.
    (l) Vehicular and pedestrian traffic. (1) Drivers of all vehicles 
on the property shall drive in a careful and safe manner at all times 
and shall comply with the signals and directions of BEP Police and all 
posted traffic signs. Drivers are subject to all applicable motor 
vehicle laws and regulations of the surrounding jurisdiction.
    (2) The blocking of entrances, driveways, walks, loading platforms, 
fire hydrants, or standpipes on the property is prohibited.
    (3) Parking on the property is not allowed without a permit or 
authority. Parking without a permit or authority, not in accordance 
with a permit or authority, or contrary to the direction of BEP Police, 
authorized officials, and posted signs or notices is prohibited.
    (m) Weapons and explosives. No person on the property shall carry 
firearms, explosives, or other dangerous or deadly weapons as defined 
by Title 18 United States Code, either openly or concealed, except for 
official purposes.
    (n) Smoking. Smoking on the property is not permitted except in 
designated smoking areas.
    (o) Penalties and other law. (1) Violations of this part shall be 
punishable by a fine of not more than $5,000 or the maximum extent 
allowable under the United States Code, whichever is greater, or 
imprisonment of not more than 30 days, or both in accordance with 40 
United States Code, Section 1315.
    (2) Violations of 18 United States Code, Section 930 (dangerous 
weapon clause) shall be punishable by a fine of $100,000 or 
imprisonment for not more than a year, or both, unless there is intent 
to commit a crime with the weapon, in which case the punishment shall 
be a fine of $250,000 or imprisonment for not more than five years, or 
both.
    (3) Nothing contained in this part shall be construed to abrogate 
any other Federal, District of Columbia, or Texas law or regulations, 
or any Tarrant County ordinance applicable to the property.


[[Page 11434]]


    Dated: February 24, 2016.
Leonard R. Olijar,
Director.
[FR Doc. 2016-04817 Filed 3-3-16; 8:45 am]
BILLING CODE 4840-01-P



                                                11432                  Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations

                                                Temporary Amendments to the                              of the Chief Counsel, Department of the               Bureau certifies that this final rule will
                                                Regulations                                              Treasury, Bureau of Engraving and                     not have a significant economic impact
                                                  Accordingly, 26 CFR part 1 is                          Printing, by phone at (202) 874–2500.                 on a substantial number of small entities
                                                amended as follows:                                      SUPPLEMENTARY INFORMATION:                            because this final rule primarily affects
                                                                                                                                                               individuals accessing BEP property and
                                                                                                         I. Background                                         is not likely to affect any small
                                                PART 1—INCOME TAXES
                                                                                                            The mission of the Bureau of                       businesses.
                                                ■ Paragraph 1. The authority citation                    Engraving and Printing is to develop
                                                                                                         and produce United States currency                    III. Unfunded Mandates Reform Act of
                                                for part 1 is amended by adding an entry
                                                                                                         notes, trusted worldwide. BEP prints                  1995
                                                in numerical order to read in part as
                                                follows:                                                 billions of dollars in currency—referred                 The Bureau certifies that no actions
                                                    Authority: 26 U. S. C. 7805 * * *
                                                                                                         to as Federal Reserve notes—each year                 were deemed necessary under the
                                                                                                         for delivery to the Federal Reserve                   Unfunded Mandates Reform Act of
                                                *      *      *       *      *                           System. Due to the sensitive nature of                1995. Furthermore, this final rule will
                                                  Section 1.6035–2T also issued under 26                 currency production operations, the                   not result in the expenditure by State,
                                                U.S.C. 6035.                                             Bureau is generally closed to the public.             local, and tribal governments, in the
                                                *     *     *    *     *                                 Limited areas of the Bureau, however,                 aggregate, or by the private sector, of
                                                ■ Par. 2. Section 1.6035–2T is added to                  are accessible for public tours during                $100,000,000 or more in any one year,
                                                read as follows:                                         certain authorized dates and times. Any               and will not significantly or uniquely
                                                                                                         individual entering, exiting, or on the               affect small governments.
                                                § 1.6035–2T       Transitional relief.                   Bureau’s property is subject to the rules
                                                                                                         of conduct as prescribed within the                   IV. Regulatory Planning and Review
                                                   (a) Statements due before March 31,
                                                                                                         regulations, and violations may result in             (Executive Orders 12866 and 13563)
                                                2016. Executors and other persons
                                                required to file or furnish a statement                  criminal prosecution. The BEP has a                     This final rule is not a significant
                                                under section 6035(a)(1) or (a)(2) before                high degree of security due to producing              regulatory action as defined in
                                                March 31, 2016, need not do so until                     United States currency notes, and                     Executive Order 12866. Executive Order
                                                March 31, 2016.                                          individuals entering, exiting, and on the             13563 calls for public participation and
                                                   (b) Effective/applicability date. This                property are placed on notice that they               an open exchange of ideas in the
                                                section is effective/applicable to                       are subject to search and inspection of               regulatory process and seeks regulations
                                                executors and other persons who file a                   their person, personal items and                      that are accessible, consistent, written in
                                                return required by section 6018(a) or (b)                property while entering, exiting, and on              plain language, and easy to understand.
                                                after July 31, 2015.                                     the property.                                         The Bureau has developed this final
                                                                                                            This final rule updates the Bureau’s               rule in a manner consistent with these
                                                John Dalrymple,                                          1994 (59 FR 41978) regulations that                   principles.
                                                Deputy Commissioner for Services and                     concern conduct on BEP property. The
                                                Enforcement,                                             final rule removes certain obsolete                   List of Subjects in 31 CFR Part 605
                                                  Approved: January 22, 2016.                            language, clarifies the rules of conduct                Federal buildings and facilities.
                                                Mark J. Mazur,                                           on the property, and increases the                      For the reasons stated in the
                                                Assistant Secretary of Treasury (Tax Policy).            maximum penalty amount permitted for                  preamble, the Bureau of Engraving and
                                                [FR Doc. 2016–04716 Filed 3–2–16; 4:15 pm]               violations to $5,000 in accordance with               Printing amends 31 CFR part 605 to read
                                                BILLING CODE 4830–01–P
                                                                                                         18 U.S.C. 3571. The final rule also omits             as follows:
                                                                                                         the term Special as used in the previous
                                                                                                         regulations when referring to the BEP                 PART 605—REGULATIONS
                                                DEPARTMENT OF THE TREASURY                               Police. The term Special was                          GOVERNING CONDUCT IN BUREAU
                                                                                                         unnecessary and could lead to potential               OF ENGRAVING AND PRINTING
                                                Bureau of Engraving and Printing                         confusion. This change has no effect on               BUILDINGS AND ON THE GROUNDS
                                                                                                         the legal authority and jurisdiction of               OF WASHINGTON, DC AND FORT
                                                31 CFR Part 605                                          the BEP Police. The rights and                        WORTH, TEXAS
                                                                                                         responsibilities of the BEP Police
                                                Conduct on Bureau of Engraving and                       remain unchanged.                                     ■ 1. The authority citation for part 605
                                                Printing Property                                           The notice of proposed rulemaking                  continues to read as follows:
                                                                                                         was published on December 10, 2015,                     Authority: 5 U.S.C. 301; Delegation,
                                                AGENCY:  Bureau of Engraving and
                                                                                                         and provided a 60-day comment period,                 Administrator, General Services, dated
                                                Printing, Treasury.
                                                                                                         which ended on February 8, 2016. No                   December 3, 1992; Treasury Delegation,
                                                ACTION: Final rule.                                      comments were received. Based on the                  Assistant Secretary (Management), dated
                                                                                                         rationale set forth in the SUPPLEMENTARY              February 4, 1993.
                                                SUMMARY:   The Department of the
                                                                                                         INFORMATION to the notice of proposed                 ■   2. Revise § 605.1 to read as follows:
                                                Treasury, Bureau of Engraving and
                                                Printing (BEP or Bureau) is amending its                 rulemaking and in this final rule, the
                                                                                                         BEP is adopting the proposed rule as a                § 605.1 Conduct on Bureau of Engraving
                                                regulations in order to remove certain                                                                         and Printing property.
                                                obsolete language, clarify the rules of                  final rule with the slight modifications
                                                                                                         of adding the words ‘‘search or’’ before                (a) Applicability. These regulations
                                                conduct on the property, and increase                                                                          apply to the buildings and grounds of
                                                the maximum penalty amount permitted                     the word ‘‘inspection’’ in paragraphs
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                         (b)(6), (b)(7), and (b)(8) to ensure clarity          the Bureau of Engraving and Printing
                                                for violations to $5,000 in accordance                                                                         (BEP) located in Washington, DC, at
                                                with the United States Code.                             and consistency between related
                                                                                                         provisions.                                           14th and C Streets SW., and in Fort
                                                DATES: This regulation is effective April                                                                      Worth, Texas, at 9000 Blue Mound
                                                4, 2016.                                                 II. Regulatory Flexibility Act                        Road, and to all persons entering on
                                                FOR FURTHER INFORMATION CONTACT:                            In accordance with the Regulatory                  such property. Unless otherwise stated,
                                                Mark Hoggan, Attorney-Advisor, Office                    Flexibility Act (5 U.S.C 601 et seq.), the            BEP buildings and grounds are referred


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                                                                     Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations                                         11433

                                                to in these regulations as the                             (f) Nuisances. The use of loud,                    the property is prohibited without the
                                                ‘‘property.’’                                           abusive, or profane language, loitering,              permission of the Director or the
                                                   (b) Limited access. (1) The property is              unauthorized assembly, the creation of                Director’s designee. Note: The property
                                                a high-security facility and shall, in                  any hazard to persons or property,                    includes the Tour and Visitor Center
                                                general, be closed to the public. Except                improper disposal of rubbish, spitting,               and the limited areas accessible for
                                                as specified in this paragraph (b), access              prurient prying, the commission of any                public tour.
                                                is limited to BEP employees and those                   obscene or indecent act, or any other
                                                                                                                                                                 (k) Animals. Animals, except service
                                                persons having official business with                   disorderly conduct on the property is
                                                BEP. Failure to comply with any                         prohibited. The throwing of any articles              animals, shall not be brought on the
                                                regulations of this part may result in                  of any kind in, upon, or from the                     property for other than official
                                                denial of access or removal from the                    property and climbing upon any                        purposes.
                                                property.                                               unauthorized portion of the property is                  (l) Vehicular and pedestrian traffic.
                                                   (2) Public tours of limited areas of the             prohibited.                                           (1) Drivers of all vehicles on the
                                                property are available during such times                   (g) Gambling. (1) Participation in                 property shall drive in a careful and safe
                                                as the Director may prescribe.                          games for money or other property, the                manner at all times and shall comply
                                                   (3) Limited areas of the property may                operation of gambling devices, the                    with the signals and directions of BEP
                                                be open to persons authorized by the                    conduct of a lottery or pool, the selling             Police and all posted traffic signs.
                                                Director or the Director’s designee.                    or purchasing of numbers, tickets, or                 Drivers are subject to all applicable
                                                   (4) All persons entering and exiting                 any other gambling on the property is                 motor vehicle laws and regulations of
                                                the property may be required to present                 prohibited.                                           the surrounding jurisdiction.
                                                suitable identification and may be                         (2) Possession on the property of any
                                                required to sign entry logs or registers.               numbers slip or ticket, record, notation,                (2) The blocking of entrances,
                                                   (5) All persons entering and exiting                 receipt or other writing of a type                    driveways, walks, loading platforms,
                                                the property may be subject to screening                ordinarily used in any illegal form of                fire hydrants, or standpipes on the
                                                devices and shall submit to screening                   gambling, unless explained to the                     property is prohibited.
                                                upon request by BEP Police or                           satisfaction of the Director or the                      (3) Parking on the property is not
                                                authorized officials.                                   Director’s designee, shall be evidence of             allowed without a permit or authority.
                                                   (6) All persons entering and exiting                 participation in an illegal form of                   Parking without a permit or authority,
                                                the property may be subject to search or                gambling on the property.                             not in accordance with a permit or
                                                inspection of their person, handbags,                      (h) Intoxicating substances, illegal
                                                                                                                                                              authority, or contrary to the direction of
                                                briefcases, and other handheld articles                 narcotics, and other controlled
                                                                                                                                                              BEP Police, authorized officials, and
                                                by BEP Police or authorized officials.                  substances. The possession, use,
                                                                                                                                                              posted signs or notices is prohibited.
                                                All persons on the property may be                      consumption, or being under the
                                                subject to additional search or                         influence of intoxicating substances,                    (m) Weapons and explosives. No
                                                inspection by BEP Police or authorized                  illegal narcotics, and other controlled               person on the property shall carry
                                                officials upon entry, exit, and request.                substances (see 21 CFR part 1308) while               firearms, explosives, or other dangerous
                                                   (7) All motor vehicles entering,                     entering and on the property is                       or deadly weapons as defined by Title
                                                exiting, or located on the property are                 prohibited. BEP Police may direct a                   18 United States Code, either openly or
                                                subject to search or inspection of the                  person to complete a field sobriety test              concealed, except for official purposes.
                                                exterior and interior compartments by                   or breathalyzer test upon reasonable                     (n) Smoking. Smoking on the property
                                                BEP Police or authorized officials at any               suspicion of intoxication or influence.               is not permitted except in designated
                                                time.                                                   The Director may authorize the                        smoking areas.
                                                   (8) All lockers, cabinets, closets, desks            possession, use, and consumption of
                                                or similar storage areas on the property                alcoholic beverages on BEP property for                  (o) Penalties and other law. (1)
                                                are subject to search or inspection by                  infrequent, special occasions. Such                   Violations of this part shall be
                                                BEP Police or authorized officials.                     authorization must be in writing.                     punishable by a fine of not more than
                                                   (9) All computers, data storage                         (i) Soliciting, vending, debt collection,          $5,000 or the maximum extent
                                                devices, and data files owned or                        and distribution of handbills.                        allowable under the United States Code,
                                                controlled by BEP are subject to search                 Fundraising for any cause other than the              whichever is greater, or imprisonment
                                                or inspection at any time.                              Combined Federal Campaign or other                    of not more than 30 days, or both in
                                                   (10) Any entrance onto the property                  cause authorized by the Office of                     accordance with 40 United States Code,
                                                without official permission is                          Personnel Management, the commercial                  Section 1315.
                                                prohibited.                                             soliciting and vending of all kinds, the                 (2) Violations of 18 United States
                                                   (c) Video monitoring. All persons                    display or distribution of commercial                 Code, Section 930 (dangerous weapon
                                                entering, exiting, and on the property                  advertising, or the collecting of private             clause) shall be punishable by a fine of
                                                will be monitored by video. Most                        debts other than as provided by law, in               $100,000 or imprisonment for not more
                                                internal areas of the property, especially              or on the property is prohibited. This                than a year, or both, unless there is
                                                production areas, are continuously                      rule does not apply to BEP concessions                intent to commit a crime with the
                                                monitored by video. Any video image                     or notices posted by authorized                       weapon, in which case the punishment
                                                may be recorded.                                        employees on the bulletin boards.                     shall be a fine of $250,000 or
                                                   (d) Preservation of property. It shall be            Distribution of material such as
                                                                                                                                                              imprisonment for not more than five
                                                unlawful for any person, without proper                 pamphlets, handbills, and flyers is
                                                                                                                                                              years, or both.
jstallworth on DSK7TPTVN1PROD with RULES




                                                authority, to willfully destroy, damage,                prohibited without prior approval from
                                                deface, or remove property.                             the Director or the Director’s designee.                 (3) Nothing contained in this part
                                                   (e) Compliance with instructions and                    (j) Photographs and recordings. The                shall be construed to abrogate any other
                                                signs. All persons on the property shall                taking of photographs on the property is              Federal, District of Columbia, or Texas
                                                comply with the instructions of BEP                     prohibited without permission of the                  law or regulations, or any Tarrant
                                                Police, authorized officials, and posted                Director or the Director’s designee. The              County ordinance applicable to the
                                                signs or notices.                                       taking of voice or video recordings on                property.


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                                                11434                Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations

                                                  Dated: February 24, 2016.                             Victoria Barge Canal, Bloomington,                    bridge will still be required to open on
                                                Leonard R. Olijar,                                      Texas’’ in the Federal Register (79 FR                signal for the passage of vessels.
                                                Director.                                               78304). We received no comments on
                                                                                                                                                              IV. Discussion of Comments, Changes
                                                [FR Doc. 2016–04817 Filed 3–3–16; 8:45 am]              this temporary deviation. No public
                                                                                                                                                              and the Final Rule
                                                BILLING CODE 4840–01–P
                                                                                                        meeting was requested, and none was
                                                                                                        held. However, a contractor raised an                   As discussed above, a temporary
                                                                                                        issue regarding the requirements of                   deviation was published on December
                                                                                                        dispatchers to contact the vessels when               30, 2014, and an interim rule was
                                                DEPARTMENT OF HOMELAND                                                                                        published on July 10, 2015. The Coast
                                                                                                        a vessel entered the two-mile bridge
                                                SECURITY                                                                                                      Guard provided separate 60-day
                                                                                                        zone. In response to this concern, the
                                                Coast Guard                                             Coast Guard decided that prior to                     comment periods for the temporary
                                                                                                        issuance of a final rule, further                     deviation and the interim rule. No
                                                33 CFR Part 117                                         comments would be accepted under an                   comments were received and no
                                                                                                        interim rule.                                         changes to the final rule have been
                                                [Docket No. USCG–2014–0952]                                On July 10, 2015, the Coast Guard                  made.
                                                RIN 1625–AA09                                           published an interim rule with request
                                                                                                                                                              V. Regulatory Analyses
                                                                                                        for comments entitled ‘‘Drawbridge
                                                Drawbridge Operation Regulation;                        Operation Regulation; Victoria Barge                    We developed this rule after
                                                Victoria Barge Canal, Bloomington, TX                   Canal, Bloomington, Texas’’ in the                    considering numerous statutes and
                                                                                                        Federal Register (80 FR 39683). The                   executive orders (E.O.s) related to
                                                AGENCY:    Coast Guard, DHS.                            interim rule allowed mariners to                      rulemaking. Below we summarize our
                                                ACTION:   Final rule.                                   continue transit while the bridge was                 analyses based on a number of these
                                                                                                        being remotely operated and comment                   statutes and E.O.s, and we discuss First
                                                SUMMARY:   The Coast Guard is modifying                 as to whether the proposed method of                  Amendment rights of protesters.
                                                the method of operation for the Victoria                operation was sufficient to ensure the
                                                Barge Canal Railroad Bridge (‘‘bridge’’)                                                                      A. Regulatory Planning and Review
                                                                                                        safety of vessels transiting the area. We
                                                across the Victoria Barge Canal, mile                   did not receive any comments on the                      E.O.s 12866 and 13563 direct agencies
                                                29.4, at Bloomington, Victoria County,                  interim rule. No public meeting was                   to assess the costs and benefits of
                                                Texas. This final rule makes permanent                  requested, and none was held.                         available regulatory alternatives and, if
                                                the change in method of operation to                                                                          regulation is necessary, to select
                                                allow the bridge owner to operate the                   III. Legal Authority and Need for Rule                regulatory approaches that maximize
                                                bridge remotely from a dispatching                         The Coast Guard is issuing this rule               net benefits. E.O. 13563 emphasizes the
                                                center in Spring, Texas. This final rule                under authority 33 U.S.C. 499. The                    importance of quantifying both costs
                                                increases the efficiency of operations                  bridge owner, the Victoria County                     and benefits, of reducing costs, of
                                                while allowing for the safe navigation of               Navigation District, in conjunction with              harmonizing rules, and of promoting
                                                vessels through the bridge.                             the Union Pacific Railroad (UPRR)                     flexibility. This rule has not been
                                                DATES: This rule is effective March 4,                  requested permission to remotely                      designated a ‘‘significant regulatory
                                                2016.                                                   operate the Victoria Barge Canal                      action,’’ under E.O. 12866. Accordingly,
                                                ADDRESSES:   To view documents                          Railroad Bridge across the Victoria                   it has not been reviewed by the Office
                                                mentioned in this preamble as being                     Barge Canal, mile 29.4 at Bloomington,                of Management and Budget.
                                                available in the docket, go to http://                  Victoria County, Texas. Traffic on the                   This regulatory action determination
                                                www.regulations.gov, type [USCG–                        waterway consists of commercial                       is based on the ability that vessels can
                                                2014–0952]. In the ‘‘SEARCH’’ box and                   traffic—primarily vessels and tows                    still transit the bridge. This final rule
                                                click ‘‘SEARCH.’’ Click on Open Docket                  providing services to the Port of                     allows all vessels utilizing this stretch of
                                                Folder on the line associated with this                 Victoria, and no reported recreational                the waterway to continue to transit the
                                                rulemaking.                                             traffic transits the waterway. The                    waterway unencumbered while
                                                                                                        vertical lift bridge has a vertical                   providing for the bridge owner to
                                                FOR FURTHER INFORMATION CONTACT: If
                                                                                                        clearance of 22 feet above high water in              operate the bridge from a remote
                                                you have questions on this rule, call or
                                                                                                        the closed-to-navigation position and 50              location. Vessel operators should not
                                                email Ms. Geri Robinson; Bridge
                                                                                                        feet above high water in the open-to-                 see any changes in the efficiency of
                                                Administration Branch, Coast Guard;
                                                                                                        navigation position.                                  vessel movements as the bridge will still
                                                telephone 504–671–2128, email                              Presently, the bridge opens on signal              be required to open on signal for the
                                                geri.a.robinson@uscg.mil.                               for the passage of vessels in accordance              passage of vessels.
                                                SUPPLEMENTARY INFORMATION:                              with 33 CFR 117.991. Under the
                                                                                                        Temporary Deviation published on                      B. Impact on Small Entities
                                                I. Table of Abbreviations
                                                                                                        December 30, 2014, and the interim rule                  The Regulatory Flexibility Act of 1980
                                                CFR Code of Federal Regulations                         published on July 10, 2015, this bridge               (RFA), 5 U.S.C. 601–612, as amended,
                                                DHS Department of Homeland Security                                                                           requires federal agencies to consider the
                                                                                                        has been remotely operated for the past
                                                E.O. Executive order
                                                                                                        year and mariners will not notice any                 potential impact of regulations on small
                                                FR Federal Register
                                                Pub. L. Public Law                                      changes to the ongoing method of                      entities during rulemaking. The term
                                                § Section                                               operation of the bridge.                              ‘‘small entities’’ comprises small
                                                U.S.C. United States Code                                  This final rule allows all vessels                 businesses, not-for-profit organizations
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                        utilizing this stretch of the waterway to             that are independently owned and
                                                II. Background Information and                          continue to transit the waterway                      operated and are not dominant in their
                                                Regulatory History                                      unencumbered while providing for the                  fields, and governmental jurisdictions
                                                   On December 30, 2014, we published                   bridge owner to operate the bridge from               with populations of less than 50,000.
                                                a temporary deviation from regulations;                 a remote location. Vessel operators                   The Coast Guard received no comments
                                                request for comments (TD) entitled                      should not see any changes in the                     from the Small Business Administration
                                                ‘‘Drawbridge Operation Regulation;                      efficiency of vessel movements as the                 on this rule. The Coast Guard certifies


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Document Created: 2018-02-02 15:05:48
Document Modified: 2018-02-02 15:05:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis regulation is effective April 4, 2016.
ContactMark Hoggan, Attorney-Advisor, Office of the Chief Counsel, Department of the Treasury, Bureau of Engraving and Printing, by phone at (202) 874-2500.
FR Citation81 FR 11432 

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