83 FR 18939 - Restricted Buildings and Grounds
DEPARTMENT OF HOMELAND SECURITY
Secret Service Federal Register Volume 83, Issue 84 (May 1, 2018)
Secret Service
Federal Register Volume 83, Issue 84 (May 1, 2018)
| Page Range | 18939-18941 | |
| FR Document | 2018-09230 |
[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)] [Rules and Regulations] [Pages 18939-18941] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09230] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Secret Service 31 CFR Part 408 Restricted Buildings and Grounds AGENCY: U.S. Secret Service, Department of Homeland Security. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule repeals outdated U.S. Secret Service (``USSS'') regulations concerning the designation of and access to a temporary residence of the President or other USSS protectee. Due to amendments to the relevant statutory authority, the USSS regulations are no longer necessary. This final rule removes these outdated regulations, thereby bringing the CFR into alignment with the terms of the statutory authority and eliminating unnecessary provisions. DATES: Effective Date: May 1, 2018. FOR FURTHER INFORMATION CONTACT: Catherine Milhoan, USSS Office of Government and Public Affairs, (202) 406-5708. SUPPLEMENTARY INFORMATION: Background As part of the Omnibus Crime Control Act of 1970, Congress enacted 18 U.S.C. 1752 (Temporary residence of the President) (``Section 1752''), making it unlawful to willfully and knowingly enter or remain in any building or grounds designated by the Secretary of the Treasury as a temporary residence of the President or the temporary offices of the President and his staff. Public Law 91-644, Title V, Sec. 18, 84 Stat. 1891-92 (Jan. 2, 1971). Subsection (d) of Section 1752 further authorized the Secretary of the Treasury: (1) To designate by regulation the buildings and grounds which constitute the temporary residences of the President and the temporary offices of the President and his staff, and (2) to prescribe regulations governing ingress or egress to such buildings and grounds and to posted, cordoned off, or otherwise restricted areas where the President is or will be temporarily visiting. Department of Treasury regulations designating the temporary residence of the President and the temporary offices of the President and his staff and governing ingress and egress to those buildings and grounds are set forth in Chapter IV, part 408 of title 31 of the Code of Federal Regulations and consist of sections 408.1-408.3 (31 CFR 408.1-408.3). Section 1752 has been amended several times since its enactment in 1971. For example, amendments in 1982 modified subsection (d) to include the authority to issue regulations concerning the residences of USSS protectees in addition to the President. But further modifications in 2006 have eliminated the need for implementing regulations and have removed provisions regarding the issuance of regulations. Need for Correction In 2006, the Secret Service Authorization and Technical Modification Act of 2005, Public Law 109-177, Title VI, Sec. 602, 120 Stat. 252 (Mar. 9, 2006), amended Section 1752 to eliminate any reference to regulations. Subsection (d), which [[Page 18940]] authorized the Secretary of the Treasury to issue regulations, was stricken. References to residences as ``designated'' were also eliminated throughout the text. Instead, the offense conduct was described as willfully and knowingly entering or remaining in any posted, cordoned off, or otherwise restricted area of a building or grounds where the President or other person protected by the USSS is or will be temporarily visiting or in any posted, cordoned off, or otherwise restricted area of a building or grounds so restricted in conjunction with an event designated as an event of national significance. With those amendments, the regulations found at 31 CFR part 408 became obsolete. While Section 1752 was amended again in 2012, the authorization to the promulgate regulations was not reintroduced, and the statute in its current form makes no reference to regulation. Those amendments, made in the Federal Restricted Buildings and Grounds Improvement Act of 2011, Public Law 112-98, Sec. 2, 126 Stat. 263 (Mar. 8, 2012), reflect the most recent expression of Congressional intent. As in 2006, the 2012 amendments to Section 1752 reflect that the offense conduct is fully described in the text of the statute itself. Rather than identifying restricted residences and offices through regulation, the 2012 statutory amendments define those venues as any posted, cordoned off, or otherwise restricted of the White House or its grounds, the Vice President's official residence and its grounds, the building or grounds where a Secret Service protectee is or will be temporarily visiting, or a building or grounds that is restricted in conjunction with an event designated as a special event of national significance. There have been no amendments to Section 1752 since 2012. The regulations found in part 408 were not removed after the enactment of the Secret Service Authorization and Technical Modification Act of 2005 or the Federal Restricted Buildings and Grounds Improvement Act of 2011. The regulations have also not been updated since 1984, well before the statutory language was changed in 2006 to eliminate all references to regulation. For instance, the regulations currently list the President's designated temporary residence in Santa Barbara County, California, as it was in the Reagan Administration. The existing regulations are now obsolete and retaining them maintains an inconsistency between the terms of the statute itself and the outdated regulations. As a result, USSS is repealing part 408 in its entirety. This change will align the provisions of the CFR with the express language of the statute and eliminate any potential confusion as to the offense conduct at issue in Section 1752. Executive Orders 13563, 12866, and 13771 Executive Orders 13563 and 12866 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (``Reducing Regulation and Controlling Regulatory Costs'') directs agencies to reduce regulation and control regulatory costs. This rule is not a ``significant regulatory action,'' under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget has not reviewed this regulation. DHS considers this final rule to be an Executive Order 13771 deregulatory action. See OMB's Memorandum titled ``Guidance Implementing Executive Order 13771, Titled `Reducing Regulation and Controlling Regulatory Costs' '' (April 5, 2017). This rule will serve to remove obsolete provisions and will eliminate any inconsistency between the offense conduct set forth in Section 1752 and the outdated regulatory provisions. This rule will not affect the current application of the terms of the statute. Instead, the rule will provide greater clarity for the public of its application. Therefore, this rule will not impose any costs on USSS or the public. DHS believes that removing the obsolete regulations will reduce confusion for the public and that streamlining the regulations will provide non-monetized efficiencies. Inapplicability of Notice and Delayed Effective Date Pursuant to 5 U.S.C. 553(b)(B) of the Administrative Procedure Act (APA), an agency may, for good cause, find that notice and public comment procedure on a rule is impracticable, unnecessary, or contrary to the public interest. Part 408 of 31 CFR contains obsolete regulations, which are no longer required pursuant to statutory authority. Further, USSS believes that maintaining outdated regulations causes confusion for the public. Therefore, USSS has determined that it would be unnecessary and contrary to the public interest to delay publication of this rule in final form pending an opportunity for public comment. Under 5 U.S.C. 553(d)(3) of the APA, USSS has, for the same reasons, determined that there is good cause for this final rule to become effective immediately upon publication. USSS currently applies the terms of Section 1752 as they appear in the text of the statute as a matter of law. The repeal of obsolete regulations will serve to align the Code of Federal Regulations with the terms of the authorizing statute itself. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended by the Small Business Regulatory Enforcement and Fairness Act of 1996, requires agencies to assess the impact of regulations on small entities. A small entity may be a small business (defined as any independently owned and operated business not dominant in its field that qualifies as a small business per the Small Business Act); a small not-for-profit organization; or a small governmental jurisdiction (locality with fewer than 50,000 people). The Regulatory Flexibility Act applies only to rules subject to notice and comment rulemaking requirements under the APA or any other law (5 U.S.C. 553(a)(2)). Because this rule is not subject to such notice and comment rulemaking requirements, the provisions of the Regulatory Flexibility Act do not apply. However, as discussed above in the ``Executive Orders 13563, 12866, and 13771'' section, this rule will impose no costs on the public, including small entities, because it merely eliminates outdated USSS regulations. Signing Authority Prior to March 1, 2003, USSS was a component of the Department of the Treasury. On November 25, 2002, the President signed the Homeland Security Act of 2002, 6 U.S.C. 101 et seq., Public Law 107-296, (the ``HSA''), establishing the Department of Homeland Security (``DHS''). Pursuant to section 821 of the HSA, the USSS was transferred from Treasury to DHS effective March 1, 2003. Accordingly, this final rule to repeal Treasury regulations impacting USSS functions may be signed by the Secretary of Homeland Security. List of Subjects in 31 CFR Part 408 Federal buildings and facilities, Security measures. [[Page 18941]] PART 408--[REMOVED AND RESERVED] 0 Under 18 U.S.C. 1752 and for the reasons discussed in the preamble, amend 31 CFR chapter IV by removing and reserving part 408. Claire M. Grady, Acting Deputy Secretary. [FR Doc. 2018-09230 Filed 4-30-18; 8:45 am] BILLING CODE 9110-18-P
![Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations 18939
MS, from ‘‘Intermittent, 1000 to 0300 above cited EA titled ‘‘Federal Aviation This final rule removes these outdated
local time, as activated by NOTAM at Administration, Adoption of the regulations, thereby bringing the CFR
least 24 hours in advance,’’ to Environmental Assessment and FONSI/ into alignment with the terms of the
‘‘Intermittent by NOTAM at least 24 ROD for Redesignation and Expansion statutory authority and eliminating
hours in advance.’’ Interested parties of Restricted Airspace R–4403, Stennis unnecessary provisions.
were invited to participate in this Space Center, Hancock and Pearl River DATES: Effective Date: May 1, 2018.
rulemaking effort by submitting written County, MS, and St Tammany Parrish, FOR FURTHER INFORMATION CONTACT:
comments on the proposal. No LA, signed on March 22, 2016; and that Catherine Milhoan, USSS Office of
comments were received. no further environmental review is Government and Public Affairs, (202)
The Rule required. 406–5708.
The FAA is amending 14 CFR part 73 List of Subjects in 14 CFR Part 73 SUPPLEMENTARY INFORMATION:
by changing the time of designation for Airspace, Prohibited areas, Restricted Background
restricted area R–4403A, Stennis Space areas.
Center, MS, from ‘‘Intermittent, 1000 to As part of the Omnibus Crime Control
0300 local time, as activated by NOTAM The Amendment Act of 1970, Congress enacted 18 U.S.C.
at least 24 hours in advance,’’ to In consideration of the foregoing, the 1752 (Temporary residence of the
‘‘Intermittent by NOTAM at least 24 Federal Aviation Administration President) (‘‘Section 1752’’), making it
hours in advance.’’ amends 14 CFR part 73 as follows: unlawful to willfully and knowingly
This change is required to provide the enter or remain in any building or
additional restricted area activation time PART 73—SPECIAL USE AIRSPACE grounds designated by the Secretary of
needed to accommodate NASA’s SLS the Treasury as a temporary residence of
Core Stage engine testing program. The ■ 1. The authority citation for part 73 the President or the temporary offices of
current boundaries and designated continues to read as follows: the President and his staff. Public Law
altitude for R–4403A remain Authority: 49 U.S.C. 106(f), 106(g); 40103, 91–644, Title V, Sec. 18, 84 Stat. 1891–
unchanged. Additionally, this action 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 92 (Jan. 2, 1971). Subsection (d) of
does not affect restricted areas R–4403B, 1959–1963 Comp., p. 389. Section 1752 further authorized the
C, E, or F (Note: there is no ‘‘D’’ Secretary of the Treasury:
§ 73.44 [Amended]
subdivision). (1) To designate by regulation the
■ 2. Section 73.44 is amended as buildings and grounds which constitute
Regulatory Notices and Analyses follows: the temporary residences of the
The FAA has determined that this * * * * * President and the temporary offices of
regulation only involves an established the President and his staff, and
R–4403A Stennis Space Center, MS
body of technical regulations for which (2) to prescribe regulations governing
[Amended]
frequent and routine amendments are ingress or egress to such buildings and
necessary to keep them operationally By removing ‘‘Time of Designation. grounds and to posted, cordoned off, or
Intermittent, 1000 to 0300 local time, as
current. It, therefore: (1) Is not a otherwise restricted areas where the
activated by NOTAM at least 24 hours in
‘‘significant regulatory action’’ under advance,’’ and adding in their place: President is or will be temporarily
Executive Order 12866; (2) is not a Time of designation. Intermittent by visiting.
‘‘significant rule’’ under Department of NOTAM at least 24 hours in advance. Department of Treasury regulations
Transportation (DOT) Regulatory designating the temporary residence of
Issued in Washington, DC, on April 24,
Policies and Procedures (44 FR 11034; 2018. the President and the temporary offices
February 26, 1979); and (3) does not of the President and his staff and
Rodger A. Dean, Jr.,
warrant preparation of a regulatory governing ingress and egress to those
Manager, Airspace Policy Group.
evaluation as the anticipated impact is buildings and grounds are set forth in
[FR Doc. 2018–09101 Filed 4–30–18; 8:45 am] Chapter IV, part 408 of title 31 of the
so minimal. Since this is a routine
matter that only affects air traffic BILLING CODE 4910–13–P Code of Federal Regulations and consist
procedures and air navigation, it is of sections 408.1–408.3 (31 CFR 408.1–
certified that this rule, when 408.3). Section 1752 has been amended
promulgated, does not have a significant DEPARTMENT OF HOMELAND several times since its enactment in
economic impact on a substantial SECURITY 1971. For example, amendments in 1982
number of small entities under the modified subsection (d) to include the
criteria of the Regulatory Flexibility Act. Secret Service authority to issue regulations
concerning the residences of USSS
Environmental Review 31 CFR Part 408 protectees in addition to the President.
The FAA determined the modification But further modifications in 2006 have
of restricted area R–4403A, Stennis Restricted Buildings and Grounds
eliminated the need for implementing
Space Center, MS, to be within the AGENCY: U.S. Secret Service, regulations and have removed
scope of the Navy and NASA’s Department of Homeland Security. provisions regarding the issuance of
Environmental Assessment (EA) and ACTION: Final rule. regulations.
Finding of No Significant Impact
(FONSI) for the Redesignation and SUMMARY: This final rule repeals Need for Correction
Expansion of Restricted Airspace R– outdated U.S. Secret Service (‘‘USSS’’) In 2006, the Secret Service
amozie on DSK30RV082PROD with RULES
4403 to Support Military Air-To-Ground regulations concerning the designation Authorization and Technical
Munitions Training and NASA Rocket of and access to a temporary residence Modification Act of 2005, Public Law
Engine Testing At Stennis Space Center, of the President or other USSS 109–177, Title VI, Sec. 602, 120 Stat.
Mississippi dated November 24, 2015; protectee. Due to amendments to the 252 (Mar. 9, 2006), amended Section
and the FAA’s decision document relevant statutory authority, the USSS 1752 to eliminate any reference to
adopting the airspace portion of the regulations are no longer necessary. regulations. Subsection (d), which
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PART 408—[REMOVED AND § Section river, adjacent to the public boat ramp
RESERVED] U.S.C. United States Code located in Orange, TX bounded by the
II. Background Information and Navy Pier One at latitude 30°05′50″ N to
■ Under 18 U.S.C. 1752 and for the the north and latitude 30°05′33″ N to the
Regulatory History
reasons discussed in the preamble, south. The duration of the safety zone
amend 31 CFR chapter IV by removing The Coast Guard is issuing this is intended to protect participants,
and reserving part 408. temporary rule without prior notice and spectators, and other persons and
opportunity to comment pursuant to vessels, in the navigable waters of the
Claire M. Grady, authority under section 4(a) of the
Acting Deputy Secretary.
Sabine River during the high speed boat
Administrative Procedure Act (APA) (5 races and will include breaks and
[FR Doc. 2018–09230 Filed 4–30–18; 8:45 am] U.S.C. 553(b)). This provision opportunity for vessels to transit
BILLING CODE 9110–18–P authorizes an agency to issue a rule through the regulated area.
without prior notice and opportunity to No vessel or person is permitted to
comment when the agency for good enter the safety zone without obtaining
DEPARTMENT OF HOMELAND cause finds that those procedures are
SECURITY permission from the COTP or a
‘‘impracticable, unnecessary, or contrary designated representative. They may be
to the public interest.’’ Under 5 U.S.C. contacted on VHF–FM channel 13 or 16,
Coast Guard 553(b)(3)(B), the Coast Guard finds that or by telephone at 409–719–5070. A
good cause exists for not publishing a designated representative may be a
33 CFR Part 165 notice of proposed rulemaking (NPRM) Patrol Commander (PATCOM). The
[Docket Number USCG 2017–1080] with respect to this rule because it is PATCOM may be aboard either a Coast
impracticable. This safety zone must be Guard or Coast Guard Auxiliary vessel.
RIN 1625–AA00
established by May 19, 2018 and we The PATCOM may be contacted on
Safety Zone; Sabine River, Orange, lack sufficient time to provide a Channel 16 VHF–FM (156.8 MHz) by
Texas reasonable comment period and then the call sign ‘‘PATCOM’’. The ‘‘official
consider those comments before issuing patrol vessels’’ consist of any Coast
AGENCY: Coast Guard, DHS. this rule. The NPRM process would Guard, state, or local law enforcement
ACTION: Temporary final rule. delay the establishment of the safety and sponsor provided vessels assigned
zone until after the dates of the high or approved by the COTP or a
SUMMARY: The Coast Guard is speed boat races and compromise public
establishing a temporary safety zone for designated representative to patrol the
safety. zone. All persons and vessels not
certain navigable waters of the Sabine Under 5 U.S.C. 553(d)(3), the Coast
River, shoreline to shoreline, adjacent to registered with the sponsor as
Guard finds that good cause exists for
the public boat ramp located in Orange, participants or official patrol vessels are
making it effective less than 30 days
TX. This action is necessary to protect considered spectators.
after publication in the Federal
persons and vessels from hazards Register. Delaying the effective date of Spectator vessels desiring to transit
associated with a high speed boat race this rule would be impracticable and the zone may do so only with prior
competition in Orange, TX. Entry of contrary to public interest because approval of the COTP or a designated
vessels or persons into this zone is immediate action is needed to representative and when so directed by
prohibited unless authorized by the protecting participants, spectators, and that officer must be operated at a
Captain of the Port Marine Safety Unit other persons and vessels from the minimum safe navigation speed in a
Port Arthur. potential hazards during a high speed manner that will not endanger any other
DATES: This rule is effective from 8:30 boat race on a navigable waterway. vessels. No spectator vessel shall
a.m. on May 19, 2018 through 6 p.m. on anchor, block, loiter, or impede the
May 20, 2018. III. Legal Authority and Need for Rule through transit of official patrol vessels
The Coast Guard is issuing this rule in the zone during the effective dates
ADDRESSES: To view documents
under authority in 33 U.S.C. 1231. The and times, unless cleared for entry by or
mentioned in this preamble as being
Captain of the Port Marine Safety Unit through the COTP or a designated
available in the docket, go to http://
Port Arthur (COTP) has determined that representative. Any spectator vessel
www.regulations.gov, type USCG–2017–
the potential hazards associated with may anchor outside the zone, but may
1080 in the ‘‘SEARCH’’ box and click
high speed boat races are a safety not anchor in, block, or loiter in a
‘‘SEARCH.’’ Click on Open Docket
concern for vessels operating on the navigable channel. Spectator vessels
Folder on the line associated with this
Sabine River. Possible hazards include may be moored to a waterfront facility
rule.
risks of injury or death from near or within the zone in such a way that they
FOR FURTHER INFORMATION CONTACT: If
actual contact among participant vessels shall not interfere with the progress of
you have questions on this rule, call or the event. Such mooring must be
email Mr. Scott Whalen, Marine Safety and spectators or mariners traversing
through the safety zone. This rule is complete at least 30 minutes prior to the
Unit Port Arthur, U.S. Coast Guard; establishment of the zone and remain
telephone 409–719–5086, email needed to protect all waterway users,
including event participants and moored through the duration of the
Scott.K.Whalen@uscg.mil. event.
spectators, before, during, and after the
SUPPLEMENTARY INFORMATION: The COTP or a designated
scheduled event.
I. Table of Abbreviations representative may forbid and control
IV. Discussion of the Rule the movement of all vessels in the zone.
amozie on DSK30RV082PROD with RULES
CFR Code of Federal Regulations This rule establishes a temporary When hailed or signaled by an official
COTP Captain of the Port Marine Safety
Unit Port Arthur
safety zone from 8:30 a.m. through 6 patrol vessel, a vessel shall come to an
DHS Department of Homeland Security p.m. each day on from May 19, 2018 immediate stop and comply with the
FR Federal Register through May 20, 2018. The safety zone directions given. Failure to do so may
NPRM Notice of proposed rulemaking covers all navigable waters of the Sabine result in expulsion from the zone,
PATCOM Patrol Commander River, extending the entire width of the citation for failure to comply, or both.
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Document Created: 2018-05-01 00:24:51
Document Modified: 2018-05-01 00:24:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective Date: May 1, 2018. | |
| Contact | Catherine Milhoan, USSS Office of Government and Public Affairs, (202) 406-5708. | |
| FR Citation | 83 FR 18939 | |
| CFR Associated | Federal Buildings and Facilities and Security Measures |
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