[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Rules and Regulations]
[Page 30031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13725]



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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. 83, No. 124 / Wednesday, June 27, 2018 / 
Rules and Regulations  

[[Page 30031]]



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 (DHS).

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

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SUMMARY: This document announces that the 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 a certain area within the United States 
Border Patrol's El Centro Sector allowing for their enforcement. This 
temporary administrative extension enables DHS to protect and secure 
federal property at or near the project area for replacement border 
barrier near the city of Calexico, California, including but not 
limited to, project sites, staging areas, access roads, and buildings 
temporarily erected to support construction activities, and to carry 
out DHS's statutory obligations to protect and secure the nation's 
borders. The project area for border barrier replacement is situated 
within a geographic area that starts at the Calexico West Port of 
Entry, and extends approximately three miles west along the southern 
U.S. border.

DATES: Pursuant to 40 U.S.C. 1315(d), the extension began on May 20, 
2018 and will continue for the duration of the construction activities 
related to the border barrier replacement project near the city of 
Calexico, California.

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, 
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.
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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 to Certain Areas in the Vicinity 
of the Border Near the City of Calexico

    DHS is replacing existing border fence with bollard wall near the 
city of Calexico in the United States Border Patrol's El Centro Sector 
pursuant to several statutory and executive directives.\3\ In order to 
protect and secure the property at or near the border barrier 
replacement project area, 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 
border barrier replacement project area, pursuant to 40 U.S.C. 
1315(d)(2)(A). The project area for border barrier replacement wall and 
fence replacement is situated within a geographic area that starts at 
the Calexico West Port of Entry, and extends to approximately three 
miles west along the southern U.S. border. 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 property at or near the border barrier replacement 
project area near the city of Calexico, California.
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    \3\ The statutory and executive directives relating to the 
construction of the border wall replacement fencing 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), the 
Secure Fence Act of 2006, Public Law 109-367, section 3, 120 Stat. 
2638 (Oct. 26, 2006) (8 U.S.C. 1103 note), and 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 
l09-367, 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 border barrier replacement near the city of 
Calexico, California.

Kirstjen M. Nielsen,
Secretary of Homeland Security.
[FR Doc. 2018-13725 Filed 6-26-18; 8:45 am]
 BILLING CODE 4410-10-P