SUPPLEMENTARY INFORMATION:

I. Background

This action amends NIST's regulations at 15 CFR part 265, which govern traffic and conduct on the grounds of NIST's sites in Gaithersburg, Maryland, and Boulder and Fort Collins, Colorado. The regulations at part 265 were initially promulgated on November 26, 1974 (39 FR 41170), and they were subsequently amended on November 24, 1976 (41 FR 51787), September 18, 1990 (55 FR 38316), and, most recently, December 27, 1991 (56 FR 66969).

The cited statutory authorities for these regulations are 15 U.S.C. 278e(b) and 15 U.S.C. 277. The former authorizes the Secretary of Commerce to undertake “the care, maintenance, protection, repair, and alteration of [NIST] buildings and other plant facilities, equipment, and property,” 15 U.S.C. 278e(b); and the latter states that the Secretary “shall . . . make regulations . . . as he may deem necessary for carrying this chapter into effect,” 15 U.S.C. 277. As relevant, the more specific of these two provisions, 15 U.S.C. 278e(b), centers around the physical preservation of NIST's buildings and other property. ( printed page 54215)

The regulations at part 265 contain citations to 40 U.S.C. 318 and 318c, both of which were reclassified and restated as 40 U.S.C. 1315 in 2002 (Pub. L. 107-217). See15 CFR 265.1(b), 265.51. Part 265 also contains a reference to the regulations at 15 CFR part 0, which were removed on January 15, 2026 (91 FR 1674), given, among other considerations, the extensive Executive Branch-wide regulations regarding employee responsibilities and conduct at 5 CFR parts 735, 2634, 2635, and 2641. See15 CFR 265.2.

II. Discussion

This action amends the regulations at part 265 in the following ways.

First, this action removes several regulatory restrictions on on-site personal conduct that are statutorily and practically unwarranted. As noted above, the more specific of the two cited statutory authorities underlying part 265 is 15 U.S.C. 278e(b), and that provision is centered around the physical preservation of NIST's buildings and other property. Most of the regulatory provisions set forth in part 265 have a reasonable and sufficient connection to that statutory objective. See, e.g.,15 CFR 265.1(b) (contemplating the appointment of uniformed guards for NIST sites); 15 CFR 265.11-265.22 (setting forth various traffic and vehicular regulations); 15 CFR 265.35(a) (prohibiting the obstruction of entrances, lobbies, elevators, stairways, and other spaces); 15 CFR 265.35(b) (prohibiting littering); 15 CFR 265.39 (prohibiting the possession of weapons and explosives). However, several of the regulatory restrictions on on-site personal conduct—specifically, §§ 265.4, 265.35(a), 265.36, 265.37, 265.38, 265.40, and 265.41—have, at most, a highly-attenuated connection to the physical preservation of NIST property. See15 CFR 265.4 (prohibiting the making or giving of false statements or reports); 15 CFR 265.35(a) (prohibiting willfully disrupting official business and engaging in disorderly conduct); 15 CFR 265.36 (prohibiting the consumption and use of intoxicating beverages); 15 CFR 265.37 (prohibiting the possession, sale, consumption, or use of narcotics and other drugs); 15 CFR 265.38 (prohibiting entering or remaining on site while noticeably impaired); 15 CFR 265.40 (prohibiting discrimination on the basis of race, creed, color, sex, or national origin); 15 CFR 265.41 (prohibiting gambling). Such restrictions thus pose substantial statutory conformity concerns.

These specified restrictions on on-site personal conduct also are overwhelmingly unnecessary, given the applicability of state law, see15 CFR 265.5; the regulatory requirement to comply with directions from NIST's on-site uniformed guards, see15 CFR 265.2; the statutory prohibition on false statements, see18 U.S.C. 1001; the extensive Executive Branch-wide regulations regarding employee responsibilities and conduct, see5 CFR parts 735, 2634, 2635, and 2641; and other Federal laws and regulations.

Thus, the removal of these specified restrictions on on-site personal conduct will help ensure statutory conformity, streamline part 265, reduce regulatory redundancy, and reduce the possibility of confusion.

Second, this action updates or removes certain outdated regulatory language. Specifically, this action (i) updates § 265.1(b) by replacing the reference to 40 U.S.C. 318 with a reference to 40 U.S.C. 1315, which is now the applicable statutory provision; (ii) removes § 265.51, which similarly contains an outdated reference to 40 U.S.C. 318c and, more generally, constitutes a now-disfavored regulatory criminal penalty provision under Executive Order 14294; (iii) updates and amends § 265.2 by removing the references to the regulations at 15 CFR Part, which are no longer in effect, and by adding a brief acknowledgement of 15 U.S.C. 278e(b) to better orient the reader as to the underlying statutory objective; and (iv) removes § 265.17, the section governing parking permits, as NIST no longer requires parking permits on site. These amendments are necessary to maintain the accuracy and currency of part 265, to minimize the possibility of confusion, and, in the case of § 265.51, to remove an unnecessary criminal penalty provision consistent with the broader regulatory policies.

Third, this action amends § 265.43, the section governing the presence of animals on site, to broaden the exception for seeing eye dogs of blind persons to instead cover all appropriate service dogs for persons with disabilities. This amendment will effectively remove arbitrary limitations on the on-site use of service dogs ( i.e., the limitation to seeing eye dogs and the limitation to blind persons). This amendment will promote accessibility and reduce regulatory burden for certain persons with disabilities, while maintaining the general regulatory prohibition on the presence of pets and other animals.

Regulatory Classifications

A. Administrative Procedure Act

Pursuant to 5 U.S.C. 553(b)(B), the Department finds good cause to waive the prior notice and opportunity for public participation requirements of the Administrative Procedure Act for this final rule. The Department has determined that prior notice and opportunity for public participation is unnecessary, because this rule merely (i) removes regulatory restrictions on personal conduct at NIST sites that exceed the bounds of the underlying statutory authorities and are duplicative of ample other legal and regulatory restrictions on personal conduct; (ii) updates or removes certain regulatory sections to properly reflect the current state of other legal, regulatory, and administrative authorities and requirements; and (iii) broadens an arbitrarily-limited exception for seeing eye dogs for blind persons to instead cover all appropriate service dogs for persons with disabilities. None of the language being removed or otherwise amended by this rule is required by any statute, and all of the removals and amendments made by this rule are consistent with the Department's commitment and obligation to ensure statutory conformity and to minimize unnecessary regulatory burden. Public participation is also impracticable because it could not cure the statutorily-excessive nature of the regulatory restrictions on personal conduct untethered to the physical preservation of NIST property; nor could it cure the plainly outdated requirements and references to other authorities. As for broadening the exception to allow for all appropriate service dogs, the public interest is best served by implementing this change as quickly as possible, without conducting notice and comment, as the current language poses an arbitrary barrier to persons with disabilities and is potentially in conflict with the Department's legal obligations regarding accommodation.

For the same reason, the Department has determined that delaying the effectiveness of this rule would be contrary to the public interest. The described removals and amendments will streamline part 265, reduce regulatory excess and inaccuracies, and promote accessibility for persons who require service dogs—all of which will immediately benefit the public at little to no cost. In addition, these regulatory revisions do not require any affected entity to take advance action to come into compliance. The Department therefore finds good cause to waive the public notice and comment period under 553(b)(B) and to waive the 30-day delay in effectiveness under 553(d)(3).

Furthermore, to the extent that this rule removes restrictions on on-site conduct (§§ 265.4, 265.17, 265.35(a), ( printed page 54216) 265.36, 265.37, 265.38, 265.40, and 265.41) and expands the exception for seeing eye dogs to encompass all appropriate service dogs (§ 265.43), it constitutes a substantive that “relieves . . . restriction[s]” and thus can take effect upon publication pursuant to 553(d)(1).

B. Executive Orders 12866, 14192, and 13132

The Office of Management and Budget has determined this rule is not significant pursuant to Executive Order (E.O.) 12866. This rule is an E.O. 14192 deregulatory action. This rule does not contain policies having federalism implications as the term is defined in E.O. 13132.

C. Regulatory Flexibility Act

Because a notice of proposed rulemaking and an opportunity for public participation are not required to be given for this rule by 5 U.S.C. 553(b)(B), the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no regulatory flexibility analysis is required, and none has been prepared.

D. Paperwork Reduction Act

This rule will not impose additional reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, et seq.

Accordingly, for the reasons set forth above, part 265 of title 15 of the Code of Federal Regulations is amended as follows:

91 FR 54214