Proposed Rule2022-02859
Conduct of Persons and Traffic on the National Institutes of Health Federal Enclave
Primary source
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Published
February 28, 2022
Issuing agencies
Health and Human Services Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 39 (Monday, February 28, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02859]
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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, HHS.
ACTION: Notice of proposed rulemaking.
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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:
<bullet> Federal rulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. 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.
<bullet> 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.
<bullet> 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
<a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to the eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>
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 <a href="/cdn-cgi/l/email-protection#72161a17001c131c161708321f131b1e5c1c1b1a5c151d04"><span class="__cf_email__" data-cfemail="31555954435f505f55544b715c50585d1f5f58591f565e47">[email protected]</span></a>, 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
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