[Federal Register Volume 61, Number 5 (Monday, January 8, 1996)]
[Rules and Regulations]
[Pages 541-544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-202]



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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Parts 40b and 234


Conduct on the Pentagon Reservation

AGENCY: Office of the Secretary, DoD.

ACTION: Interim final rule with request for comments.

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SUMMARY: This document revises DoD policy concerning conduct on the 
Pentagon Reservation. The revisions are intended to ensure that DoD 
regulations are consistent with the statutory authority on which they 
are based, and to promote the safer, more efficient, and more secure 
operation of the Pentagon Reservation.

DATES: This rule is effective January 8, 1996. Comments are requested 
by March 8, 1996.

ADDRESSES: Forward comments to Washington Headquarters Services, Office 
of General Counsel, 1155 Defense Pentagon Room 1D197, Washington, DC 
20301-1155.

FOR FURTHER INFORMATION CONTACT:
Thomas R. Brooke, (703) 693-7374.

SUPPLEMENTARY INFORMATION: The current regulations governing conduct on 
the Pentagon Reservation were promulgated following the transfer of 
control of the Pentagon Reservation from the General Services 
Administration to the Department of Defense. Based on enforcement 
experience gained since that time, the Department of Defense now seeks 
to revise those regulations to ensure their consistency with the 
statutory authority on which they are based, and to promote the safer, 
more efficient, and more secure operation of the Pentagon Reservation.

Executive Order 12866, ``Regulatory Planning and Review''

    This rule is not a significant rule as defined under section 
3(f)(1) through 3(f)(4) of Executive Order 12866.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    This rule will not have a significant economic impact on a 
substantial number of small entities because it affects only those 
entities and persons who are on the Pentagon Reservation.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Ch. 44)

    It has been certified that this rule does not impose any reporting 
or recordkeeping requirements under the Paperwork Reduction Act of 
1980.

List of Subjects in 32 CFR Parts 40b and 234

    Alcohol abuse, Drug testing; Federal buildings and facilities, 
Security measures, Traffic regulations.

    Accordingly, chapter I of title 32 of the Code of Federal 
Regulations, under the authority of 10 U.S.C. 301, is amended by 
removing part 40b and adding part 234 to read as follows:

[[Page 542]]


PART 234--CONDUCT ON THE PENTAGON RESERVATION

Sec.
234.1  Definitions.
234.2  Applicability.
234.3  State law applicable.
234.4  Admission to property.
234.5  Trespassing.
234.6  Interfering with agency functions.
234.7  Disorderly conduct.
234.8  Preservation of property.
234.9  Explosives.
234.10  Weapons.
234.11  Alcoholic beverages and controlled substances.
234.12  Restriction on animals.
234.13  Soliciting, vending, and debt collection.
234.14  Posting of materials.
234.15  Use of visual recording devices.
234.16  Gambling.
234.17  Vehicles and traffic safety.
234.18  Enforcement of parking regulations.
234.19  Penalties and effect on other laws.

    Authority: 10 U.S.C. 131 and 2674(c).s


Sec. 234.1  Definitions.

    As used in this part:
    Authorized person. An employee or agent of the Defense Protective 
Service, or any other Department of Defense employee or agent who has 
delegated authority to enforce the provisions of this part.
    Firearm. A loaded or unloaded pistol, rifle, shotgun, or other 
weapon which is designed to, or may be readily converted to, expel a 
projectile by the ignition of a propellant.
    Operator. A person who operates, drives, controls, otherwise has 
charge of, or is in actual physical control of a mechanical mode of 
transportation or any other mechanical equipment.
    Pentagon Reservation. Area of land and improvements thereon, 
located in Arlington, Virginia, on which the Pentagon Office Building, 
Federal Building Number 2, the Pentagon heating and sewage treatment 
plants, and other related facilities are located, including all 
roadways, walkways, waterways, and all areas designated for the parking 
of vehicles.
    Permit. A written authorization to engage in uses or activities 
that are otherwise prohibited, restricted, or regulated.
    Possession. Exercising direct physical control or dominion, with or 
without ownership, over property.
    State law. The applicable and nonconflicting laws, statutes, 
regulations, ordinances, and codes of the state(s) and other political 
subdivision(s) within whose exterior boundaries the Pentagon 
Reservation or a portion thereof is located.
    Traffic. Pedestrians, ridden or herded animals, vehicles, and other 
conveyances, either singly or together, while using any road, path, 
street, or other thoroughfare for the purposes of travel.
    Vehicle. Any vehicle that is self-propelled or designed for self-
propulsion, any motorized vehicle, and any vehicle drawn by or designed 
to be drawn by a motor vehicle, including any device in, upon, or by 
which any person or property is or can be transported or drawn upon a 
highway, hallway, or pathway; to include any device moved by human or 
animal power, whether required to be licensed in any state or 
otherwise.
    Weapons. Any firearm, compressed gas, or spring-powered pistol or 
rifle, bow and arrow, crossbow, blowgun, spear gun, hand-thrown spear, 
slingshot, irritant gas device, explosive device, or any other 
implement designed to discharge missiles; or a weapon, device, 
instrument, material, or substance, animate or inanimate, that is used 
for or is readily capable of, causing death or serious bodily injury, 
including any weapon the possession of which is prohibited under the 
laws of the state in which the Pentagon Reservation or portion thereof 
is located; except that such term does not include a pocket knife with 
a blade of less than 2\1/2\ inches in length.


Sec. 234.2  Applicability.

    The provisions of this part apply to all areas, lands, and waters 
on or adjoining the Pentagon Reservation and under the jurisdiction of 
the United States, and to all persons entering in or on the property. 
They supplement those penal provisions of Title 18, United States Code, 
relating to crimes and criminal procedures and those provisions of 
State law that are federal criminal offenses by virtue of the 
Assimilative Crimes Act, 18 U.S.C. 13.


Sec. 234.3  State law applicable.

    Unless specifically addressed by regulations in this part, traffic 
and the use of vehicles within the Pentagon Reservation are governed by 
State law.


Sec. 234.4  Admission to property.

    (a) Access to the Pentagon Reservation or facilities thereon shall 
be restricted in accordance with Department of Defense Administrative 
Instruction Number 30 \1\ in order to ensure the orderly and secure 
conduct of Department of Defense business. Admission to facilities or 
restricted areas shall be limited to employees and other persons with 
proper authorization.

    \1\ Forward written requests for copies of the document to the 
Directorate for Freedom of Information and Security Review, Rm 
2C757, Pentagon, Washington DC 20301-1400.
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    (b) All persons entering or upon the Pentagon Reservation shall, 
when required and/or requested, display identification to authorized 
persons.
    (c) All packages, briefcases, and other containers brought into, 
on, or being removed from facilities or restricted areas on the 
Pentagon Reservation are subject to inspection and search by authorized 
persons. Persons entering on facilities or restricted areas who refuse 
to permit an inspection and search will be denied entry.
    (d) Any person or organization desiring to conduct activities 
anywhere on the Pentagon Reservation shall file an application for 
permit with the applicable Building Management Office. Such application 
shall be made on a form provided by the Department of Defense and shall 
be submitted in the manner specified by the Department of Defense. 
Violation of the conditions of a permit issued in accordance with this 
section is prohibited and may result in the loss of access to the 
Pentagon Reservation.


Sec. 234.5  Trespassing.

    (a) Trespassing, entering, or remaining in or upon property not 
open to the public, except with the express invitation or consent of 
the person or persons having lawful control of the property, is 
prohibited. Failure to obey an order to leave under paragraph (b) of 
this section, or reentry upon property after being ordered to leave or 
not reenter under paragraph (b) of this section, is also prohibited.
    (b) Any person who violates a Department of Defense rule or 
regulation may be ordered to leave the Pentagon Reservation by an 
authorized person. A violator's reentry may also be prohibited.


Sec. 234.6  Interfering with agency functions.

    The following are prohibited:
    (a) Interference. Threatening, resisting, intimidating, or 
intentionally interfering with a government employee or agent engaged 
in an official duty, or on account of the performance of an official 
duty.
    (b) Violation of a lawful order. Violating the lawful order of a 
government employee or agent authorized to maintain order and control 
public access and movement during fire fighting operations, search and 
rescue operations, law enforcement actions, and emergency operations 
that involve a threat to public safety or government resources, or 
other activities where the control of public movement 

[[Page 543]]
and activities is necessary to maintain order and public health or 
safety.
    (c) False information. Knowingly giving a false or fictitious 
report or other false information:
    (1) To an authorized person investigating an accident or violation 
of law or regulation; or
    (2) On an application for a permit.
    (d) False report. Knowingly giving a false report for the purpose 
of misleading a government employee or agent in the conduct of official 
duties, or making a false report that causes a response by the 
government to a fictitious event.


Sec. 234.7  Disorderly conduct.

    A person commits disorderly conduct when, with intent to cause 
public alarm, nuisance, jeopardy, or violence, or knowingly or 
recklessly creating a risk thereof, such person commits any of the 
following prohibited acts:
    (a) Engages in fighting or threatening, or in violent behavior.
    (b) Uses language, an utterance, or gesture, or engages in a 
display or act that is obscene, physically threatening or menacing, or 
done in a manner that is likely to inflict injury or incite an 
immediate breach of the peace.
    (c) Makes noise that is unreasonable, considering the nature and 
purpose of the actor's conduct, location, time of day or night, and 
other factors that would govern the conduct of a reasonably prudent 
person under the circumstances.
    (d) Creates or maintains a hazardous or physically offensive 
condition.
    (e) Impedes or threatens the security of persons or property, or 
which disrupts the performance of official duties by Department of 
Defense employees, or which obstructs the use of areas such as 
entrances, foyers, lobbies, corridors, concourses, offices, elevators, 
stairways, roadways, driveways, walkways, or parking lots.


Sec. 234.8  Preservation of property.

    The destruction of, or damage to, private property is prohibited. 
The creation of any hazard to persons or things, the throwing of 
articles of any kind from or at buildings or persons, improper disposal 
of rubbish, and open fires are prohibited.


Sec. 234.9  Explosives.

    (a) Using, possessing, storing, or transporting explosives, 
blasting agents or explosive materials is prohibited, except pursuant 
to the terms and conditions of a permit issued by the applicable 
Building Management Office. When permitted, the use, possession, 
storage and transportation shall be in accordance with applicable 
Federal and State laws.
    (b) Using or possessing fireworks or firecrackers is prohibited, 
except in designated areas under such conditions as may be established 
by the applicable Building Management Office or pursuant to the terms 
and conditions of a permit issued by the applicable Building Management 
Office, and in accordance with applicable State law.
    (c) Violation of the conditions established by the applicable 
Building Management Office or of the terms and conditions of a permit 
issued in accordance with this section is prohibited and may result in 
the loss of access to the Pentagon Reservation.


Sec. 234.10  Weapons.

    (a) Except as otherwise authorized under this section, the 
following are prohibited:
    (1) Possessing a weapon.
    (2) Carrying a weapon.
    (3) Using a weapon.
    (b) This section does not apply to any agency or Department of 
Defense component that has received prior written approval from the 
Defense Protective Service to carry, transport, or use a weapon in 
support of a security or law enforcement purpose while on the Pentagon 
Reservation.


Sec. 234.11  Alcoholic beverages and controlled substances.

    (a) Alcoholic beverages.
    The use of alcoholic beverages or the possession of an open 
container of an alcoholic beverage within the Pentagon Reservation is 
prohibited unless authorized by the Director, Washington Headquarters 
Services, or his designee, or the Heads of the Military Department, or 
their designees. Written notice of such authorizations shall be 
provided to the Defense Protective Service.
    (b) Controlled substances.
    The following are prohibited:
    (1) The delivery of a controlled substance, except when 
distribution is made by a Licensed physician or pharmacist in 
accordance with applicable law. For the purposes of this paragraph, 
delivery means the actual, attempted, or constructive transfer of a 
controlled substance.
    (2) The possession of a controlled substance, unless such substance 
was obtained by the possessor directly from, or pursuant to a valid 
prescription or order by, a licensed physician or pharmacist, or as 
otherwise allowed by Federal or State law.
    (c) Presence on the Pentagon Reservation when under the influence 
of alcohol, a drug, or a controlled substance to a degree that may 
endanger oneself or another person, or damage property is prohibited.


Sec. 234.12  Restriction on animals.

    Animals, except guide dogs for persons with disabilities, shall not 
be brought upon the Pentagon Reservation for other than official 
purposes.


Sec. 234.13  Soliciting, vending, and debt collection.

    Commercial or political soliciting, vending of all kinds, 
displaying or distributing commercial advertising, collecting private 
debts or soliciting alms upon the Pentagon Reservation is prohibited. 
This does not apply to:
    (a) National or local drives for funds for welfare, health, or 
other purposes as authorized by 5 CFR parts 110 and 950, Solicitation 
of Federal Civilian and Uniformed Services Personnel for Contributions 
to Private Voluntary Organizations, issued by the U.S. Office of 
Personnel Management under Executive Order 12353, 3 CFR, 1982 Comp., p. 
139, as amended.
    (b) Personal notices posted on authorized bulletin boards, and in 
compliance with building rules governing the use of such authorized 
bulletin boards, advertising to sell or rent property of Pentagon 
Reservation employees or their immediate families.
    (c) Solicitation of labor organization membership or dues 
authorized by the Department of Defense under the Civil Service Reform 
Act of 1978.
    (d) Licensees, or their agents and employees, with respect to space 
licensed for their use.
    (e) Solicitations conducted by organizations composed of civilian 
employees of the Department of Defense or members of the uniformed 
services among their own members for organizational support or for the 
benefit of welfare funds for their members, after compliance with the 
requirements of Sec. 234.4(d).


Sec. 234.14   Posting of materials.

    Posting or affixing materials, such as pamphlets, handbills, or 
fliers on the Pentagon Reservation is prohibited except as provided by 
Sec. 234.13(b) or when conducted as part of activities approved by the 
applicable Building Management Office under Sec. 234.4(d).


Sec. 234.15  Use of visual recording devices.

    The use of cameras or other visual recording devices in restricted 
areas or in internal offices must be approved by the Department of 
Defense component occupying the space. Photographs for advertising or 
commercial purposes may only be taken with the permission of the Office 
of the Assistant to the Secretary of Defense for Public Affairs.

[[Page 544]]



Sec. 234.16  Gambling.

    Gambling in any form, or the operation of gambling devices, is 
prohibited. This prohibition shall not apply to the vending or exchange 
of chances by licensed blind operators of vending facilities for any 
lottery set forth in a State law and authorized by the provisions of 
the Randolph-Sheppard Act (20 U.S.C. 107 et seq.).


Sec. 234.17  Vehicles and traffic safety.

    (a) Open container of alcoholic beverage.
    (1) Each person within a vehicle is responsible for complying with 
the provisions of this section that pertain to carrying an open 
container. The operator of a vehicle is the person responsible for 
complying with the provisions of this section that pertain to the 
storage of an open container.
    (2) Carrying or storing a bottle, can, or other receptacle 
containing an alcoholic beverage that is open or has been opened, or 
whose seal is broken, or the contents of which have been partially 
removed, within a vehicle on the Pentagon Reservation is prohibited.
    (3) This section does not apply to:
    (i) An open container stored in the trunk of a vehicle or, if a 
vehicle is not equipped with a trunk, to an open container stored in 
some other portion of the vehicle designed for the storage of luggage 
and not normally occupied by or readily accessible to the operator or 
passengers; or
    (ii) An open container stored in the living quarters of a motor 
home or camper.
    (4) For the purpose of paragraph (a)(3)(i) of this section, a 
utility compartment or glove compartment is deemed to be readily 
accessible to the operator and passengers of a vehicle.
    (b) Operating under the influence of alcohol, drugs, or controlled 
substances.
    (1) Operating or being in actual physical control of a vehicle is 
prohibited while:
    (i) Under the influence of alcohol, a drug or drugs, a controlled 
substance or controlled substances, or any combination thereof, to a 
degree that renders the operator incapable of safe operation; or
    (ii) The alcohol concentration in the operator's blood or breath is 
0.08 gram or more of alcohol per 100 milliliters of blood or 0.08 gram 
or more of alcohol per 210 liters of breath. Provided, however, that if 
State law that applies to operating a vehicle while under the influence 
of alcohol establishes more restrictive limits of alcohol concentration 
in the operator's blood or breath, those limits supersede the limits 
specified in this paragraph (b).
    (2) The provisions of paragraph (b)(1) of this section shall also 
apply to an operator who is or has been legally entitled to use alcohol 
or another drug.
    (3) Tests.
    (1) At the request or direction of an authorized person who has 
probable cause to believe that an operator of a vehicle within the 
Pentagon Reservation has violated a provision of paragraph (b)(1) of 
this section, the operator shall submit to one or more tests of the 
blood, breath, saliva, or urine for the purpose of determining blood 
alcohol, drug, and controlled substance content.
    (ii) Refusal by an operator to submit to a test is prohibited and 
may result in detention and citation by an authorized person. Proof of 
refusal may be admissible in any related judicial proceeding.
    (iii) Any test or tests for the presence of alcohol, drugs, and 
controlled substances shall be determined by and administered at the 
direction of an authorized person.
    (iv) Any test shall be conducted by using accepted scientific 
methods and equipment of proven accuracy and reliability operated by 
personnel certified in its use.
    (4) Presumptive levels.
    (i) The results of chemical or other quantitative tests are 
intended to supplement the elements of probable cause used as the basis 
for the arrest of an operator charged with a violation of this section. 
If the alcohol concentration in the operator's blood or breath at the 
time of the testing is less than the alcohol concentration specified in 
paragraph (b)(1)(ii) of this section, this fact does not give rise to 
any presumption that the operator is or is not under the influence of 
alcohol.
    (ii) The provisions of paragraph (b)(4)(i) of this section are not 
intended to limit the introduction of any other competent evidence 
bearing upon the question of whether the operator, at the time of the 
alleged violation, was under the influence of alcohol, a drug or drugs, 
or a controlled substance or controlled substances, or any combination 
thereof.


Sec. 234.18  Enforcement of parking regulations.

    Parking regulations for the Pentagon Reservation shall be enforced 
in accordance with Department of Defense Administrative Instruction 
Number 88 \2\ and State law. A vehicle parked in any location without 
authorization, or parked contrary to the directions of posted signs or 
markings, shall be subject to removal at the owner's risk and expense, 
in addition to any penalties imposed. The Department of Defense assumes 
no responsibility for the payment of any fees or costs related to such 
removal which may be charged to the owner of the vehicle by the towing 
organization. This section may be supplemented from time to time with 
the approval of the Director, Washington Headquarters Services, or his 
designee, by the issuance and posting of such parking directives as may 
be required, and when so issued and posted such directive shall have 
the same force and effect as if made a part thereof.

    \2\ See footnote 1 to Sec. 234.4(a).
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Sec. 234.19  Penalties and effect on other laws.

    (a) Whoever shall be found guilty of willfully violating any rule 
or regulation enumerated in this part is subject to the penalties 
imposed by Federal law for the commission of a Class B misdemeanor 
offense.
    (b) Whoever violates any rule or regulation enumerated in this part 
is liable to the United States for a civil penalty of not more than 
$1,000.
    (c) Nothing in this part shall be construed to abrogate any other 
Federal laws.

    Dated: January 3, 1996.
L.M. Bynum,
Alternate OSD Federal Register Officer, Department of Defense.
[FR Doc. 96-202 Filed 1-5-96; 8:45 am]
BILLING CODE 5000-04-M