[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Rules and Regulations]
[Page 63775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26812]
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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.
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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.
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\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]
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