[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Rules and Regulations]
[Page 63775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26812]



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 Rules and Regulations
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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 
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  Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / 
Rules and Regulations  

[[Page 63775]]



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, DHS.

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

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SUMMARY: The Secretary of Homeland Security, pursuant to the Homeland 
Security Act of 2002, has temporarily extended the applicability and 
enforcement of certain regulations governing conduct on Federal 
property that is under the administrative jurisdiction and control of 
U.S. Customs and Border Protection (CBP) along the southwest border. 
This temporary administrative extension enables DHS to protect and 
secure Federal property along the southwest border within the control 
of CBP's San Diego Field Office, Tucson Field Office, Laredo Field 
Office and El Paso Field Office, and to carry out DHS's statutory 
obligations to protect and secure the nation's borders. The Federal 
property subject to this notice is limited to the specific geographic 
area within the administrative control of CBP along the length of the 
U.S. border with Mexico.

DATES: Pursuant to 40 U.S.C. 1315(d), the extension began on November 
17, 2018 and will continue until May 31, 2019.

FOR FURTHER INFORMATION CONTACT: Joshua A. Vayer, 703-235-6082, 
[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 on such property.
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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 Under the Administrative 
Jurisdiction and Control of U.S. Customs and Border Protection Along 
the Southwest Border

    Throughout October and November 2018, a large group of Central 
American migrants is traveling as part of a caravan toward the 
Southwest Border of the United States. Acts of violence against 
immigration security services have been reported. As part of 
Department-wide efforts to mitigate security challenges which may arise 
as the migrants approach the Southwest Border of the United States, 
including the possibility of access to Federal property by unauthorized 
individuals, planning for an appropriate response is warranted. 
Specifically, this action will afford Federal law enforcement officers 
a wide range of enforcement tools to enforce Federal rules pertaining 
to individuals' conduct on the Federal property. The affected Federal 
property is along the Southwest Border of the United States and within 
the control of CBP's San Diego Field Office, Tucson Field Office, 
Laredo Field Office, and El Paso Field Office including but not limited 
to ports of entry, access roads, barriers, parking structures, and 
buildings temporarily erected to support processing of the large group 
of migrants. The Federal property that is subject to this notice is 
limited to the specific geographic area within the U.S. Border with 
Mexico. 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 above-specified 
property along the Southwest Border of the United States.
    The regulations in 41 CFR part 102-74, subpart C, will remain 
applicable and enforceable at these locations along the Southwest 
Border of the United States for six months after the date of my 
signature of this notice.

    Dated: November 17, 2018.
Kirstjen M. Nielsen,
Secretary of Homeland Security.
[FR Doc. 2018-26812 Filed 12-11-18; 8:45 am]
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