[Federal Register Volume 90, Number 212 (Wednesday, November 5, 2025)]
[Rules and Regulations]
[Pages 49247-49248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-19793]
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Rules and Regulations
Federal Register
________________________________________________________________________
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.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 90, No. 212 / Wednesday, November 5, 2025 /
Rules and Regulations
[[Page 49247]]
DEPARTMENT OF HOMELAND SECURITY
6 CFR Part 139
RIN 1601-AB17
Protection of Federal Property; Changed Effective Date
AGENCY: Department of Homeland Security.
ACTION: Final rule; change in effective date.
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SUMMARY: On June 9, 2025, DHS published a final rule promulgating
regulations for the protection of Federal property. That rule set
January 1, 2026, as the effective date for those regulations. This
final rule changes the effective date for those regulations to November
5, 2025. This final rule makes no other changes.
DATES: This final rule is effective November 5, 2025. The effective
date of the final rule published June 9, 2025, at 90 FR 24217, is
changed from January 1, 2026, to November 5, 2025.
FOR FURTHER INFORMATION CONTACT: Mr. David Hess, Deputy Director, FPS
Policy, Communications and Engagement, 202-447-0800,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On June 9, 2025, DHS published a final rule for the protection of
federal property (90 FR 24217) (June 2025 rule). That rule implements
regulations to protect property and prescribe reasonable penalties for
misconduct. Specifically, the June 2025 rule makes the following
changes:
Codifies the full scope of DHS's statutory authority to
protect all federal buildings that fall within the jurisdiction of the
Department of Homeland Security (DHS), rather than only GSA properties;
Permits the charging of criminal activity occurring off
federal property in accordance with 40 U.S.C. 1315 authority;
Modifies the list of prohibited conduct to include, among
other things, impersonation of security personnel, trespassing into
closed areas, the wearing of masks when committing crimes, and
tampering with computer systems;
Updates definitions to account for evolving technologies
and emerging threats such as unmanned aircraft and new tobacco
products; and
Clarifies and specifies in more detail the definition of
``disorderly conduct.''
DHS set the effective date for the June 2025 rule at January 1,
2026. DHS included that effective date in the regulatory text. See 90
FR 24217, 24218 (Setting forth effective date in 6 CFR 139.5(e)). As
DHS explained in the June 2025 rule, the time was necessary to make
preparations such as training officers and publishing new signage.
II. Discussion
This final rule moves up the effective date of the June 2025 rule
and then amends 6 CFR part 139 to reflect the new effective date. The
June 2025 rule set the effective date at January 1, 2026. This final
rule amends that effective date to Nov. 5, 2025. Thus, through this
final rule, the effective date for the regulations under part 139 is
Nov. 5, 2025. Finally, DHS, through this final rule, is also changing 6
CFR 139.5(e)--which originally marked January 1, 2026 as the effective
date for the regulations published under part 139 of chapter 1 of title
6 of the Code of Federal Regulations--to now reflect the updated
effective date as set forth by this final rule.
III. Administrative Procedure Act
Under the Administrative Procedure Act (APA), agencies must
generally provide advance notice and an opportunity for comment before
issuing a rule. The APA exempts rules from such notice-and-comment
requirements when the agency, for ``good cause,'' finds that such
procedures are impracticable, unnecessary, or contrary to the public
interest. See 5 U.S.C. 553(b)(B). In addition, the APA requires
agencies to delay the effective date of final rules by at least 30
days. See 5 U.S.C. 553(d).
DHS finds that there is ``good cause'' to bypass notice-and-comment
rulemaking and a delayed effective date, because such procedures are
impracticable here.\1\ There is an immediate need for DHS to move up
the effective date of the June 2025 rule, because of the recent
increase in civil unrest, targeting of federal law enforcement
officials, and destruction of federal property across U.S.
jurisdictions.
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\1\ The ``impracticable'' prong of the good cause exception
``excuses notice and comment in emergency situations . . . or where
delay could result in serious harm.'' Jifry v. FAA, 370 F.3d 1174,
1179 (D.C. Cir. 2004) (citations omitted).
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Over the last few months, there has been a substantial rise in
civil unrest near federal buildings, destruction of federal property,
and violence perpetrated against federal officials.\2\ Federal law
enforcement officials, people on federal property and federal buildings
have been subject to continual attacks, assaults, and even killings. In
July of 2025, rioters at an ICE facility in Portland ``attacked law
enforcement officials, destroyed federal property, and have posted
death threats at the facility. Outside of the facility, graffiti on the
sidewalk reads `Kill Your Masters'.'' \3\ In September of 2025, a
sniper opened fire at an ICE field office in Dallas Texas, where
``[t]he shooter fired indiscriminately at the ICE building . . . Three
detainees were shot. One detainee [died], and the other two are in
critical condition.'' \4\ More recently in
[[Page 49248]]
Chicago, assailants attacked law enforcement officers where they
``rammed federal agents with their vehicles. The woman . . . driving
one of the vehicles, was armed with a semi-automatic weapon and has a
history of doxing federal agents.'' \5\ Indeed the Attorney General
wrote on September 29, 2025, that ``Riots in Los Angeles and Portland
reflect a more than 1,000 percent increase in attacks on U.S.
Immigration and Customs Enforcement (ICE) officers since January 21,
2025, compared to the same period last year.'' \6\
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\2\ Billal Rahman, Hundreds of Anti-ICE Protesters Storm
Facility, Newsweek (Jun. 19, 2025), https://www.newsweek.com/anti-ice-protests-immigration-portland-2088048; Madison Colombo, ICE
director reveals dangerous nightly Antifa `battle' as Trump prepares
federal deployment to Portland, Fox News (Oct. 2, 2025), https://www.foxnews.com/media/ice-director-reveals-dangerous-nightly-antifa-battle-trump-prepares-federal-deployment-portland; Adam Sabes, Blue
city officers open to feds' help fighting crime crisis as leaders
spew `anti-police rhetoric': union pres, Fox News (Oct. 9, 2025),
https://www.foxnews.com/us/blue-city-officers-open-feds-help-fighting-crime-crisis-leaders-spew-anti-police-rhetoric-union-pres
(``Camilla Wamsley, director of Portland's ICE office, previously
told Fox News that the agency's facility has been confronted with
violence for over 100 straight nights[.]'').
\3\ Anarchists and Rioters in Portland Illegally Dox ICE
Officers and Federal Law Enforcement, DHS.GOV (Jul. 11, 2025),
https://www.dhs.gov/news/2025/07/11/anarchists-and-rioters-portland-illegally-dox-ice-officers-and-federal-law.
\4\ DHS Issues Statement on Targeted Attack on Dallas ICE
Facility, DHS.GOV (Sept. 24, 2025), https://www.dhs.gov/news/2025/09/24/dhs-issues-statement-targeted-attack-dallas-ice-facility
(Documenting attack on ICE Facility in Texas). A second detainee
later died from his injuries. A 2nd detainee--a father of 4--dies
after a gunman opened fire at an ICE office in Dallas, CNN (Sept.
30, 2025), https://www.cnn.com/2025/09/30/us/dallas-ice-facility-shooting-detainee-dies.
\5\ UPDATE: DHS Deploys Special Operations After Multiple
Violent Attacks on Federal Law Enforcement by Domestic Terrorists in
Chicago, DHS.GOV (Oct. 4, 2025), https://www.dhs.gov/news/2025/10/04/update-dhs-deploys-special-operations-after-multiple-violent-attacks-federal-law (Documenting an attack against CBP officials in
Chicago).
\6\ Memorandum for the Director of the Federal Bureau of
Investigation, Ending Political Violence Against ICE (Sept. 29,
2025) (citations and quotations omitted), available at https://www.justice.gov/opa/pr/attorney-general-bondi-issues-memo-ending-political-violence-against-ice.
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DHS must immediately address this cascade of violence, which is
threatening the lives of federal law enforcement officers and the
safety of federal property on a daily basis. Accordingly, the
Department is moving up the effective date of the June 2025 rule.
For a summary of the statutory and regulatory findings and analyses
regarding this rulemaking, please refer to the findings and analyses
published in the June 2025 rule and the January 1, 2025 proposed rule
at 90 FR 4398, which are adopted herein.
List of Subjects in 6 CFR Part 139
Aircraft, Alcohol and alcoholic beverages, Animals, Buildings and
facilities, Civil disorders, Crime, Explosives, Federal buildings and
facilities, Firearms, Gambling, Government employees, Government
property, Government property management, Homeland Security, Law
enforcement, Law enforcement officers, Penalties, Public buildings,
Safety, Security measures, Terrorism, Tobacco, Unmanned aircraft.
For the reasons set forth in the preamble, DHS amends 6 CFR part
139 as follows:
PART 139--CONDUCT ON FEDERAL PROPERTY
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1. The authority citation for part 139 continues to read as follows:
Authority: 6 U.S.C. 203(3) and 232(a); 40 U.S.C. 586(c) and
1315.
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2. In Sec. 139.5, revise paragraph (e) to read as follows:
Sec. 139.5 Scope, applicability, and agency cooperation.
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(e) Effective Date. The regulations in this part are effective Nov.
5, 2025.
Kristi Noem,
Secretary of Homeland Security.
[FR Doc. 2025-19793 Filed 11-4-25; 8:45 am]
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