[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Rules and Regulations]
[Pages 1134-1135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00121]


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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, Department of Health and Human 
Services (HHS).

ACTION: Final rule.

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

DATES: This final rule is effective February 8, 2023.

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: 

I. Background

    On November 16, 2020, the Department of Health and Human Services 
(HHS or Department) issued a direct final rule (85 FR 72899) 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 final rule the 
Department makes 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.
    HHS announced its intention to take this rulemaking action in the 
notice of proposed rulemaking (NPRM) titled ``Conduct of Persons and 
Traffic on the National Institutes of Health Federal Enclave'' 
published in the Federal Register on February 28, 2022 (87 FR 11001). 
In the NPRM we provided a sixty-day comment period. The comment period 
ended on April 29, 2022.
    In the NPRM, we proposed making 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.
    In subpart A of the regulation, we proposed amending Sec.  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 eliminates the need in the future to amend the regulation 
any time the NIH Police Department is relocated.
    In subpart C of the regulation, we proposed amending Sec.  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. We proposed 
updating this sentence by replacing the term ``dog'' with the term 
``service animal''. We also proposed 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.
    Additionally, in subpart C, we proposed amending Sec.  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 change makes this clear in the regulation.
    In subpart D, we proposed amending Sec.  3.61 by revising paragraph 
(a) to state that a person found guilty of violating any provision of 
the regulation in this part is subject to a fine or imprisonment of not 
more than thirty days or both, for each violation (Pub. L. 107-296, 
Homeland Security Act of 2002). The United States District Court for 
the District of Maryland determines the fine/fee schedule for 
violations of 45 CFR part 3. Traffic related violations on the NIH 
Federal enclave are covered by the Maryland District Court. Not stating 
a specific dollar amount for the fine in paragraph (a) eliminates any 
future need to amend the regulation when incremental increases in the 
fine amount occur. Information regarding 45 CFR part 3 violations can 
be found through the United States Attorney's Office for the District 
of Maryland or the United States Central Violations Bureau in San 
Antonio, Texas.

II. Summary of Public Comments

    We did not receive any comments in response to the NPRM. 
Consequently, we did not make any changes to what we proposed in the 
previous NPRM. The final rule is the same as what we proposed in the 
previous NPRM.
    We provide the following as public information.

[[Page 1135]]

Regulatory Impact Analysis

    We examined the impacts of this final rule under Executive Order 
(E.O.) 12866, Regulatory Planning and Review; E.O. 13563, Improving 
Regulation and Regulatory Review; 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).

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 this final rule 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 reviewed the 
final rule as required under the order and 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 and does not have any federalism implications. The Secretary 
asserts that this final 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 final 
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 that 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 for 2022 is 
approximately $165 million based on the Gross Domestic Product 
deflator. This final rule will not result in a one-year expenditure 
that would meet or exceed that amount.

Paperwork Reduction Act

    This final rule does not contain any information collection 
requirements that 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, Firearms, Government 
property, Traffic regulations.

    For reasons presented in the preamble, 45 CFR part 3 is amended as 
set forth below.

PART 3--CONDUCT OF PERSONS AND TRAFFIC ON THE NATIONAL INSTITUTES 
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. Section 3.4 is amended by removing the last sentence of the 
paragraph.

0
3. Section 3.42 is amended 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. Section 3.61 is amended 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 (Pub. L. 107-296, 
Homeland Security Act of 2002).
* * * * *

Xavier Becerra,
Secretary, Department of Health and Human Services.
[FR Doc. 2023-00121 Filed 1-6-23; 8:45 am]
BILLING CODE 4140-01-P