[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Rules and Regulations]
[Page 44493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20383]



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 Rules and Regulations
                                                 Federal Register
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 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.
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  Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / 
Rules and Regulations  

[[Page 44493]]



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, Department of Homeland Security.

ACTION: Notification of temporary extension of the applicability of 
regulations.

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SUMMARY: The Acting Secretary of Homeland Security, pursuant to the 
Homeland Security Act of 2002, has temporarily extended the 
applicability of certain regulations governing conduct on federal 
property to certain areas within the United States Border Patrol's San 
Diego Sector allowing for their enforcement. This temporary 
administrative extension enables the Department of Homeland Security 
(DHS) to protect and secure Federal property at or near the project 
areas for border wall prototypes and fence replacement near the city of 
San Diego, including but not limited to, project sites, staging areas, 
access roads, and buildings temporarily erected to support construction 
activities and to carry out its statutory obligations to protect and 
secure the nation's borders. The project areas for border wall 
prototype and fence replacement are situated within a geographic area 
that starts at the Pacific Ocean and extends to approximately one mile 
east of Border Monument 251.

DATES: Pursuant to 40 U.S.C. 1315(d), the extension began on September 
19, 2017 and will continue for the duration of the construction 
activities related to the fence replacement and border wall prototype 
projects near the city of San Diego.

FOR FURTHER INFORMATION CONTACT: Joshua A. Vayer, Division Director, 
Protective Operations Division, Federal Protective Service, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Pursuant to section 1706 of the Homeland Security Act of 2002, 40 
U.S.C. 1315(a); Public Law 107-296, 116 Stat. 2135 (Nov. 25, 2002), 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 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 and to enforce these regulations to any 
property owned or occupied by the Federal Government.
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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 Extension of Applicability of Regulations Governing Conduct 
on Federal Property to Certain Areas in the Vicinity of the Border Near 
the City of San Diego

    DHS is replacing existing border fence with bollard wall and 
constructing border wall prototypes near the city of San Diego in the 
United States Border Patrol's San Diego Sector pursuant to several 
statutory and executive directives.\3\ In order to protect and secure 
the property at or near the border wall prototype and fence replacement 
project areas, including, but not limited to, project sites, staging 
areas, access roads, and buildings temporarily erected to support 
construction activities, I temporarily extended the applicability, 
allowing the enforcement, of regulations governing the conduct of 
individuals on federal property to areas in or around the fence 
replacement and border wall prototype project areas, pursuant to 40 
U.S.C. 1315(d)(2)(A). The project areas for border wall prototype and 
fence replacement are situated within a geographic area that starts at 
the Pacific Ocean and extends to approximately one mile east of Border 
Monument 251. Specifically, I temporarily extended the applicability, 
allowing the enforcement, of the regulations in 41 CFR part 102-74, 
subpart C, to any property owned or occupied by the Federal Government 
at or near the fence replacement and border wall prototype project 
areas near the city of San Diego.
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    \3\ The statutory and executive directives relating to the 
construction of the border wall prototypes include, but are not 
limited to, section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996, Public Law 104-208, Div. C, 
110 Stat. 3009-546, 3009-554 (Sept. 30, 1996) (8 U.S.C. 1103 note), 
as amended by the REAL ID Act of 2005, Public Law 109-13, Div. B, 
119 Stat. 231, 302, 306 (May 11, 2005) (8 U.S.C. 1103 note), as 
amended by the Secure Fence Act of 2006, Public Law 109-367, section 
3, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1103 note), as amended 
by the Department of Homeland Security Appropriations Act, 2008, 
Public Law 110-161, Div. E, Title V, section 564, 121 Stat. 2090 
(Dec. 26, 2007) (8 U.S.C. 1103 note), Section 2 of the Secure Fence 
Act of 2006, Public Law 109-367, 120 Stat. 2638 (Oct. 26, 2006) (8 
U.S.C. 1701 note), and E.O. 13767.
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    The regulations in 41 CFR part 102-74, subpart C, will remain 
applicable and enforceable at these locations for the duration of the 
construction related to the fence replacement and border wall 
prototypes near the city of San Diego.

Elaine C. Duke,
Acting Secretary of Homeland Security.
[FR Doc. 2017-20383 Filed 9-22-17; 8:45 am]
 BILLING CODE 4410-10-P