83_FR_64013 83 FR 63775 - Temporary Extension of Applicability of Regulations Governing Conduct on Federal Property

83 FR 63775 - Temporary Extension of Applicability of Regulations Governing Conduct on Federal Property

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 83, Issue 238 (December 12, 2018)

Page Range63775-63775
FR Document2018-26812

The Secretary of Homeland Security, pursuant to the Homeland Security Act of 2002, has temporarily extended the applicability and enforcement of certain regulations governing conduct on Federal property that is under the administrative jurisdiction and control of U.S. Customs and Border Protection (CBP) along the southwest border. This temporary administrative extension enables DHS to protect and secure Federal property along the southwest border within the control of CBP's San Diego Field Office, Tucson Field Office, Laredo Field Office and El Paso Field Office, and to carry out DHS's statutory obligations to protect and secure the nation's borders. The Federal property subject to this notice is limited to the specific geographic area within the administrative control of CBP along the length of the U.S. border with Mexico.

Federal Register, Volume 83 Issue 238 (Wednesday, December 12, 2018)
[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Rules and Regulations]
[Page 63775]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26812]



========================================================================
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. 238 / Wednesday, December 12, 2018 / 
Rules and Regulations

[[Page 63775]]



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, DHS.

ACTION: Notification of temporary extension of the applicability of 
regulations.

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SUMMARY: The Secretary of Homeland Security, pursuant to the Homeland 
Security Act of 2002, has temporarily extended the applicability and 
enforcement of certain regulations governing conduct on Federal 
property that is under the administrative jurisdiction and control of 
U.S. Customs and Border Protection (CBP) along the southwest border. 
This temporary administrative extension enables DHS to protect and 
secure Federal property along the southwest border within the control 
of CBP's San Diego Field Office, Tucson Field Office, Laredo Field 
Office and El Paso Field Office, and to carry out DHS's statutory 
obligations to protect and secure the nation's borders. The Federal 
property subject to this notice is limited to the specific geographic 
area within the administrative control of CBP along the length of the 
U.S. border with Mexico.

DATES: Pursuant to 40 U.S.C. 1315(d), the extension began on November 
17, 2018 and will continue until May 31, 2019.

FOR FURTHER INFORMATION CONTACT: Joshua A. Vayer, 703-235-6082, 
[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 on such property.
---------------------------------------------------------------------------

    \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.
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Temporary Administrative Extension of Applicability of Regulations 
Governing Conduct on Federal Property Under the Administrative 
Jurisdiction and Control of U.S. Customs and Border Protection Along 
the Southwest Border

    Throughout October and November 2018, a large group of Central 
American migrants is traveling as part of a caravan toward the 
Southwest Border of the United States. Acts of violence against 
immigration security services have been reported. As part of 
Department-wide efforts to mitigate security challenges which may arise 
as the migrants approach the Southwest Border of the United States, 
including the possibility of access to Federal property by unauthorized 
individuals, planning for an appropriate response is warranted. 
Specifically, this action will afford Federal law enforcement officers 
a wide range of enforcement tools to enforce Federal rules pertaining 
to individuals' conduct on the Federal property. The affected Federal 
property is along the Southwest Border of the United States and within 
the control of CBP's San Diego Field Office, Tucson Field Office, 
Laredo Field Office, and El Paso Field Office including but not limited 
to ports of entry, access roads, barriers, parking structures, and 
buildings temporarily erected to support processing of the large group 
of migrants. The Federal property that is subject to this notice is 
limited to the specific geographic area within the U.S. Border with 
Mexico. 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 above-specified 
property along the Southwest Border of the United States.
    The regulations in 41 CFR part 102-74, subpart C, will remain 
applicable and enforceable at these locations along the Southwest 
Border of the United States for six months after the date of my 
signature of this notice.

    Dated: November 17, 2018.
Kirstjen M. Nielsen,
Secretary of Homeland Security.
[FR Doc. 2018-26812 Filed 12-11-18; 8:45 am]
 BILLING CODE 9110-9P-P



                                                                                                                                                                                                63775

                                           Rules and Regulations                                                                                         Federal Register
                                                                                                                                                         Vol. 83, No. 238

                                                                                                                                                         Wednesday, December 12, 2018



                                           This section of the FEDERAL REGISTER                    Secretary of Homeland Security is                     Laredo Field Office, and El Paso Field
                                           contains regulatory documents having general            responsible for protecting the buildings,             Office including but not limited to ports
                                           applicability and legal effect, most of which           grounds, and property owned, occupied,                of entry, access roads, barriers, parking
                                           are keyed to and codified in the Code of                or secured by the Federal government                  structures, and buildings temporarily
                                           Federal Regulations, which is published under           (including any agency, instrumentality,               erected to support processing of the
                                           50 titles pursuant to 44 U.S.C. 1510.
                                                                                                   or wholly owned or mixed ownership                    large group of migrants. The Federal
                                           The Code of Federal Regulations is sold by              corporation thereof) and the persons on               property that is subject to this notice is
                                           the Superintendent of Documents.                        the property. To carry out this mandate,              limited to the specific geographic area
                                                                                                   the Department is authorized to enforce               within the U.S. Border with Mexico.
                                                                                                   the applicable Federal regulations for                Specifically, I temporarily extended the
                                           DEPARTMENT OF HOMELAND                                  the protection of persons and property                applicability, allowing the enforcement,
                                           SECURITY                                                set forth in 41 CFR part 102–74, subpart              of the regulations in 41 CFR part 102–
                                                                                                   C.1 These regulations govern conduct on               74, subpart C, for the protection and
                                           Office of the Secretary                                 Federal property and set forth the                    administration of property owned or
                                                                                                   relevant criminal penalties. Although                 occupied by the Federal Government
                                           6 CFR Chapter I                                         these regulations apply to all property               and persons on the above-specified
                                                                                                   under the authority of the General                    property along the Southwest Border of
                                           Temporary Extension of Applicability
                                                                                                   Services Administration and to all                    the United States.
                                           of Regulations Governing Conduct on
                                                                                                   person entering in or on such property,2                 The regulations in 41 CFR part 102–
                                           Federal Property
                                                                                                   the Secretary of Homeland Security is                 74, subpart C, will remain applicable
                                           AGENCY:  Office of the Secretary, DHS.                  authorized pursuant to 40 U.S.C.                      and enforceable at these locations along
                                           ACTION: Notification of temporary                       1315(d)(2)(A) to extend the applicability             the Southwest Border of the United
                                           extension of the applicability of                       of these regulations to any property                  States for six months after the date of
                                           regulations.                                            owned or occupied by the Federal                      my signature of this notice.
                                                                                                   government and to enforce them on
                                           SUMMARY:    The Secretary of Homeland                                                                           Dated: November 17, 2018.
                                                                                                   such property.
                                           Security, pursuant to the Homeland                                                                            Kirstjen M. Nielsen,
                                           Security Act of 2002, has temporarily                   Temporary Administrative Extension of                 Secretary of Homeland Security.
                                           extended the applicability and                          Applicability of Regulations Governing                [FR Doc. 2018–26812 Filed 12–11–18; 8:45 am]
                                           enforcement of certain regulations                      Conduct on Federal Property Under the
                                                                                                                                                         BILLING CODE 9110–9P–P
                                           governing conduct on Federal property                   Administrative Jurisdiction and Control
                                           that is under the administrative                        of U.S. Customs and Border Protection
                                           jurisdiction and control of U.S. Customs                Along the Southwest Border
                                                                                                                                                         DEPARTMENT OF AGRICULTURE
                                           and Border Protection (CBP) along the                      Throughout October and November
                                           southwest border. This temporary                        2018, a large group of Central American               Food and Nutrition Service
                                           administrative extension enables DHS to                 migrants is traveling as part of a caravan
                                           protect and secure Federal property                     toward the Southwest Border of the                    7 CFR Parts 210, 215, 220, and 226
                                           along the southwest border within the                   United States. Acts of violence against
                                                                                                   immigration security services have been               [FNS–2017–0021]
                                           control of CBP’s San Diego Field Office,
                                           Tucson Field Office, Laredo Field Office                reported. As part of Department-wide                  RIN 0584–AE53
                                           and El Paso Field Office, and to carry                  efforts to mitigate security challenges
                                           out DHS’s statutory obligations to                      which may arise as the migrants                       Child Nutrition Programs: Flexibilities
                                           protect and secure the nation’s borders.                approach the Southwest Border of the                  for Milk, Whole Grains, and Sodium
                                           The Federal property subject to this                    United States, including the possibility              Requirements
                                           notice is limited to the specific                       of access to Federal property by
                                                                                                   unauthorized individuals, planning for                AGENCY:  Food and Nutrition Service
                                           geographic area within the                                                                                    (FNS), USDA.
                                           administrative control of CBP along the                 an appropriate response is warranted.
                                           length of the U.S. border with Mexico.                  Specifically, this action will afford                 ACTION: Final rule.
                                           DATES: Pursuant to 40 U.S.C. 1315(d),
                                                                                                   Federal law enforcement officers a wide
                                                                                                   range of enforcement tools to enforce                 SUMMARY:   This final rule will codify,
                                           the extension began on November 17,                                                                           with some extensions, three menu
                                           2018 and will continue until May 31,                    Federal rules pertaining to individuals’
                                                                                                   conduct on the Federal property. The                  planning flexibilities temporarily
                                           2019.                                                                                                         established by the interim final rule of
                                                                                                   affected Federal property is along the
                                           FOR FURTHER INFORMATION CONTACT:                        Southwest Border of the United States                 the same title published November 30,
                                           Joshua A. Vayer, 703–235–6082,                          and within the control of CBP’s San                   2017. First, it will broaden the milk
                                           joshua.s.vayer@hq.dhs.gov.                              Diego Field Office, Tucson Field Office,              options in the National School Lunch
                                                                                                                                                         Program and School Breakfast Program
amozie on DSK3GDR082PROD with RULES




                                           SUPPLEMENTARY INFORMATION:
                                                                                                     1 Although these regulations were issued prior to   by allowing local operators to
                                           Background                                              the Homeland Security Act, per section 1512 of the    permanently offer flavored, low-fat
                                             Pursuant to section 1706 of the                       Act, these regulations remain the relevant            milk. For consistency across nutrition
                                                                                                   regulations for purposes of the protection and
                                           Homeland Security Act of 2002, Public                   administration of property owned or occupied by       programs, it will also allow flavored,
                                           Law 107–296, 116 Stat. 2135 (Nov. 25,                   the Federal government.                               low-fat milk in the Special Milk
                                           2002), as codified at 40 U.S.C. 1315, the                 2 See 41 CFR 102–74.365.                            Program for Children and in the Child


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Document Created: 2018-12-12 01:39:53
Document Modified: 2018-12-12 01:39:53
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
ActionNotification of temporary extension of the applicability of regulations.
DatesPursuant to 40 U.S.C. 1315(d), the extension began on November 17, 2018 and will continue until May 31, 2019.
ContactJoshua A. Vayer, 703-235-6082, [email protected]
FR Citation83 FR 63775 

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