[Federal Register Volume 65, Number 12 (Wednesday, January 19, 2000)]
[Rules and Regulations]
[Pages 2865-2867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1126]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1204

RIN 2700-AC38


Inspection of Persons and Personal Effects on NASA Property

AGENCY:  National Aeronautics and Space Administration (NASA).

ACTION:  Interim rule with request for comments.

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SUMMARY:  NASA is amending 14 CFR part 1204 by revising Subpart 10, 
``Inspection of Persons and Personal Effects on NASA Property.'' This 
revision updates the subpart consistent with current Federal policy and 
NASA practice. It prohibits certain conduct on NASA installations. 
Accordingly, Subpart 10 of 14 CFR part 1204 has also been retitled, 
``Conduct or Trespass, and Inspection of Persons and Personal 
Effects.''

DATES:  Effective Date: This rule is effective May 18, 2000.
    Comment Date: Comments due on or before March 20, 2000.

ADDRESSES:  Send comments to NASA Security Management Office, Code JS, 
NASA Headquarters, Washington, DC 20546.

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FOR FURTHER INFORMATION CONTACT:  Mark R.J. Borsi, 202-358-2457.

SUPPLEMENTARY INFORMATION:  This action revises Subpart 10 of 14 CFR 
part 1204 to update the regulation consistent with current Federal 
policy and Agency practice. The National Aeronautics and Space 
Administration has determined that:
    1. This rule is not subject to the requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601-612, since it will not exert a 
significant economic impact on a substantial number of small entities.
    2. This rule is not a major rule as defined in Executive Order 
12866.

List of Subjects in 14 CFR Part 1204

    Conduct, Federal buildings or property (including real estate), 
Government contractors, Government employees or personnel, Inspections, 
Installations, Security, Trespass, Weapons.

    For reasons set out in the Preamble, 14 CFR part 1204 is amended as 
follows:

PART 1204--ADMINISTRATIVE AUTHORITY AND POLICY I111. 14 CFR part 
1204, subpart 10 is revised to read as follows:

Subpart 10--Conduct or Trespass, and Inspection of Persons and Personal 
Effects
Sec.
1204.1000   Scope of subpart.
1204.1001   Policy.
1204.1002   Responsibility.
1204.1003   Procedures.
1204.1004   Trespass.
1204.1005   Unauthorized introduction of firearms or weapons, 
explosives, or other dangerous materials.
1204.1006   Violations.

Subpart 10--Conduct or Trespass, and Inspection of Persons and 
Personal Effects

    Authority: 42 U.S.C. 2455.


Sec. 1204.1000  Scope of subpart.

    This subpart establishes NASA policy and prescribes minimum 
procedures concerning the inspection of persons and property in their 
possession while entering, or on, or exiting NASA real property or 
installations (including NASA Headquarters, Centers, or Component 
Facilities). In addition, it prohibits unauthorized entry and 
proscribes conduct at any NASA installation.


Sec. 1204.1001  Policy.

    In the interest of national security, NASA will provide appropriate 
and adequate protection or security for personnel, property, 
installations (including NASA Headquarters, Centers, and Component 
Facilities), and information in its possession or custody. In 
furtherance of this policy, NASA reserves the right to conduct an 
inspection of any person, including any property in the person's 
possession or control, as a condition of admission to, continued 
presence on, or exiting from, any NASA installation.


Sec. 1204.1002  Responsibility.

    The NASA Center Directors and the Associate Administrator for 
Headquarters Operations are responsible for implementing the provisions 
of this subpart. In implementing this subpart, these officials will 
coordinate their action with appropriate officials of other affected 
agencies.


Sec. 1204.1003  Procedures.

    (a) All entrances to NASA real property or installations (including 
NASA Headquarters, Centers, or Component Facilities) will be 
conspicuously posted with the following notice:

    Entry into, continued presence on, or exiting from, this real 
property, facility, or installation is contigent upon your consent 
to inspection of your person, and property in your possession or 
under your control.
    Unauthorized carrying, transporting, or otherwise introducing or 
causing to be introduced, or using firearms or other dangerous 
weapons, explosives or other incendiary devices, or other dangerous 
instrument, substance, or material likely to produce substantial 
injury or damage to persons or property, into or upon this real 
property, facility, or installation, is prohibited.

    (b) Only NASA security personnel or members of the installation's 
uniformed security force will conduct inspections pursuant to this 
subpart. Such inspections will be conducted in accordance with 
guidelines established by the Director, Security Management Office, 
NASA Headquarters.
    (c) If an individual does not consent to an inspection, it will not 
be conducted, but the individual will be denied admission to, or be 
escorted off the installation.
    (d) If, during an inspection, an individual is found to be in 
unauthorized possession of items believed to represent a threat to the 
safety or security of the installation, the individual will be denied 
admission to or be escorted off the installation, and appropriate law 
enforcement authorities will be notified immediately.
    (e) If, during an inspection conducted pursuant to this subpart, an 
individual is in possession of U.S. Government property without proper 
authorization, that person will be required to relinquish the property 
to the security representative pending proper authorization for the 
possession of the property or its removal from the installation. The 
individual relinquishing the property will be provided with a receipt 
for the property.


Sec. 1204.1004  Trespass.

    Unauthorized entry upon any NASA real property or installation is 
prohibited.


Sec. 1204.1005  Unauthorized introduction of firearms or weapons, 
explosives, or other dangerous materials.

    (a) The unauthorized carrying, transporting, or otherwise 
introducing or causing to be introduced, or using firearms or other 
dangerous weapons, explosives or other incendiary devices, or other 
dangerous instrument, substance, or material likely to produce 
substantial injury or damage to persons or property, into or upon NASA 
real property, facility, or installation, is prohibited.
    (b) paragraph (a) of this section shall not apply to:
    (1) The lawful performance of official duties by an officer, agent, 
or employee of the United States, a State, or a political subdivision 
thereof, or NASA contractor, who is authorized to carry firearms or 
other material covered by paragrapy (a) of this section.
    (2) The lawful carrying of firearms or other dangerous weapons at 
or on a NASA installation after written prior approval has been 
obtained from the installation Security Office in connection with 
sanctioned hunting, range practice, or other lawful purpose.


Sec. 1204.1006  Violations.

    We will enforce violation as provided in Title 18 United States 
Code (U.S.C), Section 799 which states that whoever willfully shall 
violate, attempt to violate, or conspire to violate any regulation or 
order promulgated by the Administrator of the National Aeronautics and 
Space Administration for the protection or security of any laboratory, 
station, base, or other facility, or part thereof, or any aircraft, 
missile, spacecraft, or similar vehicle, or part thereof, or other 
property or equipment in the custody of the Administration [NASA], or 
any real or personal property or equipment in the custody of any 
contractor under any contract with the Administration or any 
subcontractor of any such contractor, shall be fined under this title 
[Title 18],

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or imprisoned not more than one year, or both.

Daniel S. Goldin,
Administrator.
[FR Doc. 00-1126 Filed 1-18-00; 8:45 am]
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