[Federal Register Volume 65, Number 150 (Thursday, August 3, 2000)]
[Rules and Regulations]
[Pages 47663-47664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19622]



[[Page 47663]]

=======================================================================
-----------------------------------------------------------------------

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1204

RIN 2700-AC38


Inspection of Persons and Personal Effects at NASA Installations 
or on NASA Property; Trespass or Unauthorized Introduction of Weapons 
or Dangerous Materials

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NASA published on January 19, 2000 an ``Interim rule with 
request for comments,'' titled ``Inspection of Persons and Personal 
Effects on NASA Property.'' NASA received and considered one letter in 
response to the request for comments on the interim rule. Consequently, 
the interim rule was further clarified as noted below. Accordingly, 
Subpart 10 of 14 CFR Part 1204 is retitled ``Inspection of Persons and 
Personal Effects at NASA Installations or on NASA Property; Trespass or 
Unauthorized Introduction of Weapons or Dangerous Materials.'' In 
addition, language is added to clarify that the updated regulation 
merely reflects current Federal policy and NASA practice of upgraded 
security measures; and a new introductory statement is provided before 
reciting the provision of 18 U.S.C. Section 799.
    To avoid confusion and for ease of reference, Subpart 10 of 14 CFR 
Part 1204--``Inspection of Persons and Personal Effects at NASA 
Installations or on NASA Property; Trespass or Unauthorized 
Introduction of Weapons or Dangerous Materials''--is republished in its 
entirety as a Final rule.

DATES: Effective Date: This rule is effective August 3, 2000.

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

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, Dangerous materials, Employees, Explosives, Facilities, 
Federal buildings, Firearms, Inspections, Installations, Persons, 
Property, Real estate, Security, Trespass, Weapons.

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

PART 1204--ADMINISTRATIVE AUTHORITY AND POLICY

    1. 14 CFR part 1204, Subpart 10 is revised to read as follows:

Subpart 10--Inspection of Persons and Personal Effects at NASA 
Installations or on NASA Property; Trespass or Unauthorized 
Introduction of Weapons or Dangerous Materials

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--Inspection of Persons and Personal Effects at NASA 
Installations or on NASA Property; Trespass or Unauthorized 
Introduction of Weapons or Dangerous Materials

    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 proscribes unauthorized entry or the 
unauthorized introduction of weapons or other dangerous instruments or 
materials at any NASA installation.


Sec. 1204.1001  Policy.

    (a) 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.
    (b) It is determined that this policy is intended to comply with 
the heightened security measures for installations owned or occupied by 
Federal agencies (in this case NASA), to mitigate threats to such 
installations and to better protect the persons and property thereon.


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 notices:

    (1) CONSENT TO INSPECTION: Your entry into, continued presence 
on, or exit from, this installation is contingent upon your consent 
to inspection of person and property.
    (2) UNAUTHORIZED INTRODUCTION OF WEAPONS OR DANGEROUS MATERIALS 
IS PROHIBITED: Unless specifically authorized by NASA, you may not 
carry, transport, introduce, store, or use firearms or other 
dangerous weapons, explosives or other incendiary devices, or other 
dangerous instrument or material likely to produce substantial 
injury or damage to persons or property.

    (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

[[Page 47664]]

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 paragraph (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.

    Please take notice that anyone violating these regulations may be 
cited for violating Title 18 of the 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], or imprisoned 
not more than one year, or both.

Daniel S. Goldin,
Administrator.
[FR Doc. 00-19622 Filed 8-2-00; 8:45 am]
BILLING CODE 7510-01-U