[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Proposed Rules]
[Pages 11001-11002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02859]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 3

[Docket Number--NIH-2020-0002]
RIN 0925-AA67


Conduct of Persons and Traffic on the National Institutes of 
Health Federal Enclave

AGENCY: National Institutes of Health, HHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Department of Health and Human Services (HHS or 
Department), through the National Institutes of Health (NIH), proposes 
to amend the existing regulation for the conduct of persons and traffic 
on the NIH enclave in Bethesda, Maryland, in order to update certain 
provisions of the regulation.

DATES: Comments must be received on or before April 29, 2022.

ADDRESSES: You may send comments, identified by Docket Number NIH-2020-
0002 and/or RIN 0925-AA67 by any of the following methods:

Electronic Submissions

    You may send comments electronically in the following way:
     Federal rulemaking Portal: www.regulations.gov. Follow the 
instructions for sending comments.

Written Submissions

    You may send written comments in the following ways:
    Please allow sufficient time for mailed comments to be received 
before the close of the comment period.
     Mail (for paper or CD-ROM submissions): Daniel Hernandez, 
NIH Regulations Officer, National Institutes of Health, Office of 
Management Assessment, Rockledge 1, 6701 Rockledge Drive, Suite 601, 
Room 601-T, MSC 7901, Bethesda, Maryland 20817-7901.
     Hand delivery/courier (for paper or CD-ROM submissions): 
Daniel Hernandez, NIH Regulations Officer, National Institutes of 
Health, Office of Management Assessment, Rockledge 1, 6705 Rockledge 
Drive, Suite 601, Room 601-T, Room 601-T, MSC 7901, Bethesda, Maryland 
20892-7901.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Identifier Number (RIN) for this 
Rulemaking. All comments will be posted without change to 
www.regulations.gov, including any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to the eRulemaking Portal at www.regulations.gov 
and insert the docket number provided in brackets in the heading on 
page one of this document into the ``search'' box and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Daniel Hernandez, NIH Regulations 
Officer, Office of Management Assessment, NIH, Rockledge 1, 6705 
Rockledge Drive, Suite 601, Room 601-T, Bethesda, MD 20817--MSC 7901, 
by email at [email protected], or by telephone at 301-435-3343 
(not a toll-free number).

SUPPLEMENTARY INFORMATION:

1. Background

    On November 16, 2020, the Department of Health and Human Services 
(HHS or Department) issued a direct final rule (85 FR 72899-72912) 
amending certain regulations, as part of its Regulatory Clean Up 
Initiative, to make miscellaneous corrections, including correcting 
references to other regulations, misspellings and other typographical 
errors. These corrections included changes to the regulation codified 
at 45 CFR part 3 concerning the conduct of persons and traffic on the 
National Institutes of Health Federal Enclave. With this notice of 
proposed rulemaking (NPRM), the Department proposes to make several 
additional changes to 45 CFR part 3 that are necessary to further 
update the regulation. These additional changes were determined to be 
necessary following the review of the regulation conducted by NIH in 
2019.

2. Summary of Proposed Changes

    With this NPRM, we propose to make several changes to the 
regulation at 45 CFR part 3 concerning the conduct of persons and 
traffic on the National Institutes of Health Federal Enclave that are 
necessary to ensure the regulation is up-to-date.
    Specifically, in Subpart A of the regulation, we propose to amend 
section 3.4 by removing the last sentence that specifies the Police 
Office's main location and telephone number. The NIH Police Department 
may be relocated in the future under the current campus master plan. 
Removing the sentence will eliminate the need in the future to amend 
the regulation any time the NIH Police Department is relocated.
    In Subpart C of the regulation, we propose to amend section 3.42 by 
revising the last sentence of paragraph (b) to update several terms. 
The existing last sentence states that the use of a dog by a 
handicapped person to assist that person is authorized. NIH proposes to 
update this sentence by replacing the term ``dog'' with the term 
``service animal''. NIH also proposes to update this sentence by 
removing the term ``handicapped person'' and replacing it with the term 
``a person with a disability'' to reflect current and accepted use of 
the term. The proposed revised sentence is ``The use of a service 
animal by a person with a disability to assist that person is 
authorized.''
    Additionally, in Subpart C, we propose to amend section 3.42 by 
revising paragraph (f) to state that except as part of an approved 
medical research protocol a person may not smoke on the enclave. The 
existing language does not prohibit smoking outside of buildings on the 
enclave. As a tobacco-free campus, NIH does not allow smoking inside or 
outside buildings. The proposed change makes this clear in the 
regulation.
    In Subpart D, we propose to amend section 3.61 by revising 
paragraph (a) to state that a person found guilty of violating any 
provision of the regulations in this part is subject to a fine or 
imprisonment of not more than thirty days or both, for each violation 
(U.S. Pub. L. 107-296, Homeland Security Act of 2002). The existing 
language states that a person found guilty of violating any provision 
of the regulation is subject to a fine of not more that $50 or 
imprisonment, or both for each violation. The dollar amount of fines 
can increase at any time. In fact, the current fine amount is more than 
$50. Not stating a specific dollar amount for the fine in paragraph (a) 
will eliminate any future need to amend the regulation when incremental 
increases in the fine amount occur. Information about fines is publicly 
available.
    The purpose of this NPRM is to invite comment concerning these 
proposed actions. We provide the following as public information,

Regulatory Impact Analysis

    We have examined the impacts of this proposed rule under Executive 
Order (E.O.) 12866, Regulatory Planning and Review; E.O. 13563, 
Improving Regulation and Regulatory Review; and E.O. 13132, Federalism; 
the Regulatory Flexibility Act (5 U.S.C. 601-612); and the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).

[[Page 11002]]

Executive Orders 12866 and 13563

    E.O. 12866, Regulatory Planning and Review, and E.O. 13563, 
Improving Regulation and Regulatory Review, direct Federal agencies to 
assess all costs and benefits of available regulatory alternatives and, 
if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity) for 
all significant regulatory actions. A regulatory impact analysis (RIA) 
must be prepared for major rules with economically significant effects 
($100 million or more in any one year). Based on our analysis, we 
believe the proposed rulemaking does not constitute a significant or 
economically significant regulatory action.

Executive Order 13132

    Executive Order 13132, Federalism, requires Federal agencies to 
consult with State and local government officials in the development of 
regulatory policies and with federalism implications. We have reviewed 
the proposed rule as required under the Order and have determined that 
it will not have a significant potential negative impact on States, in 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government does not have any federalism implications. The Secretary 
asserts that this proposed rule will not have effect on the States or 
on the distribution of power and responsibilities among the various 
levels of government.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-612) requires Federal 
agencies to analyze regulatory options that would minimize any 
significant impact of the rule on small entities. For the purpose of 
this analysis, small entities include small business concerns as 
defined by the Small Business Administration (SBA), usually businesses 
with fewer than 500 employees. The Secretary asserts that the proposed 
rule will not create a significant economic impact on a substantial 
number of small entities, and therefore a regulatory flexibility 
analysis, is not required.

Unfunded Mandates Act of 1995

    Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires 
Federal agencies to prepare a written statement which includes an 
assessment of anticipated costs and benefits before proposing ``any 
rule that includes any Federal mandate that may result in the 
expenditure by State, local, and tribal organizations, in the 
aggregate, or by the private sector, of $100,000,000 or more (adjusted 
annually for inflation with base year of 1995) in any one year.'' The 
current inflation-adjusted statutory threshold is approximately $156 
million based on the Bureau of Labor Statistics inflation calculator. 
This rule will not result in a one-year expenditure that would meet or 
exceed that amount.

Paperwork Reduction Act

    This proposed rule does not contain any information collection 
requirements which are subject to Office of Management and Budget (OMB) 
approval under the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 
35).

List of Subjects in 45 CFR Part 3

    Conduct, Federal buildings and facilities, Government property, 
Traffic regulations, Firearms.

    For reasons presented in the preamble, it is proposed to amend 
title 45 of the Code of Federal Regulations by revising Part 3, as set 
forth below.

PART 3--CONDUCT OF PERSONS AND TRAFFIC ON THE NATIONAL INSITUTES OF 
HEALTH FEDERAL ENCLAVE

0
1. The authority citation for part 3 continues to read as follows:

    Authority:  40 U.S.C. 318-318d. 486; Delegation of Authority, 33 
FR 604.


Sec.  3.4   [Amended]

0
2. Amend Sec.  3.4 by removing the last sentence of the paragraph.
0
3. Amend Sec.  3.42 by revising the last sentence in paragraph (b) and 
paragraph (f) to read as follows:


Sec.  3.42   Restricted activities.

* * * * *
    (b) * * * The use of a service animal by a person with a disability 
to assist that person is authorized.
* * * * *
    (f) Smoking. Except as part of an approved medical research 
protocol, a person may not smoke on the enclave.
* * * * *
0
4. Amend Sec.  3.61 by revising paragraph (a) to read as follows:


Sec.  3.61   Penalties.

    (a) A person found guilty of violating any provision of the 
regulations in this part is subject to a fine or imprisonment of not 
more than thirty days or both, for each violation (U.S. Pub. L. 107-
296, Homeland Security Act of 2002).
* * * * *

Xavier Becerra,
Secretary, Department of Health and Human Services.
[FR Doc. 2022-02859 Filed 2-25-22; 8:45 am]
BILLING CODE 4140-01-P