[Federal Register Volume 91, Number 26 (Monday, February 9, 2026)]
[Rules and Regulations]
[Page 5665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-02501]
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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. 91, No. 26 / Monday, February 9, 2026 / Rules
and Regulations
[[Page 5665]]
DEPARTMENT OF HOMELAND SECURITY
6 CFR Part 139
RIN 1601-AB17
Protection of Federal Property; Technical Amendment
AGENCY: Department of Homeland Security (DHS).
ACTION: Final rule; technical amendment.
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SUMMARY: On June 9, 2025, DHS adopted regulations governing the
protection of Federal property. These regulations contained cross
references to old General Services Administration (GSA) regulations
that have since been rescinded. This rule corrects the DHS regulations
by removing these rescinded GSA cross-references. Additionally, this
rule revises the language of the section regarding photography to
clarify the prohibitions on photography and recording.
DATES: This rule is effective as of February 9, 2026.
FOR FURTHER INFORMATION CONTACT: Mr. David Hess, Deputy Director, FPS
Policy, Communications and Engagement, 202-447-0800,
[email protected].
SUPPLEMENTARY INFORMATION: On June 9, 2025, the Department of Homeland
Security (DHS), published a final rule that adopted regulations
governing the protection of Federal property in new part 139 to chapter
1 of title 6 of the Code of Federal Regulations (CFR). 90 FR 24217.
Many of the provisions promulgated by the final rule were derived from
analogous old GSA regulations contained in chapter 102, part 102-74,
subpart C, of title 41 of the CFR and, thus, contained cross references
to part 102-74.
On December 16, 2025, GSA published a final rule that removed
subpart D of part 102-74 of title 41 of the CFR. 90 FR 58408, 58409
(Dec. 16, 2025). The cross references to subpart D of part 102-74
contained in Federal Protective Service (FPS) regulations thus are now
obsolete. Accordingly, DHS is issuing this final rule to remove these
cross-references. Specifically, this final rule removes cross
references to part 102-74 found in Sec. Sec. 139.55, 139.60, and
139.70.
Finally, DHS is revising Sec. 139.65 for overall readability and
to clarify the rules regarding photography and recording of Federal
facilities and grounds. Specifically, DHS is revising paragraph (a) to
make clear that the existing language referencing ``rule'' or ``order''
includes any Federal court order or rule, as originally intended though
not expressly stated. Additionally, DHS is also reconciling the
language in paragraph (b) to make clear that the general rule in
paragraph (a) applies (i.e., the exceptions contained in paragraph (b)
only apply when there is no applicable security regulation, rule,
order, or directive, including any Federal court order or rule
prohibiting photography or recording). These changes serve to maintain
the original intent of this section and mirror the prior GSA
regulations which these new regulations were founded upon. See
Protection of Federal Property, 90 FR 4398, 4412 (``This [photography
and recording] section would mirror, though not replicate a similar
provision in the GSA regulations . . . The proposed substantive
language would provide better clarity and notice to the public of the
precise nature of prohibited and permitted recording conduct[.]'').
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 set forth below:
PART 139--CONDUCT ON FEDERAL PROPERTY
0
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.
Sec. 139.55 [Amended]
0
2. Amend Sec. 139.55(b)(3) by removing the text ``in accordance with
41 CFR part 102-74, subpart D'', and adding, in its place, the text
``as prescribed by GSA''.
Sec. 139.60 [Amended]
0
3. Amend Sec. 139.60(b)(2) by removing the text ``as specified in 41
CFR 102-74, subpart D,''.
0
4. Amend Sec. 139.65 by revising paragraph (a) and paragraph (b)
introductory text to read as follows:
Sec. 139.65 Photography and recording.
(a) General. Any person on Federal property is prohibited from
photographing or creating video, image, or audio recordings of Federal
facilities and grounds in contravention of any security regulation,
rule, order, or directive, including any Federal Court Order or Rule;
or in a manner that impedes or disrupts access to, or operations on,
Federal property.
(b) Exceptions. When not prohibited by a security regulation, rule,
order, or directive, including any Federal Court Order or Rule, the
following activities are allowed:
* * * * *
Sec. 139.70 [Amended]
0
5. Amend Sec. 139.70(b)(2) by removing the text ``consistent with 41
CFR 102-74.265 through 102-74.310''.
Kristi Noem,
Secretary of Homeland Security.
[FR Doc. 2026-02501 Filed 2-6-26; 8:45 am]
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