Rule2023-00121
Conduct of Persons and Traffic on the National Institutes of Health Federal Enclave
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 9, 2023
Effective
February 8, 2023
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), 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.
Full Text
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<title>Federal Register, Volume 88 Issue 5 (Monday, January 9, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#a9cdc1ccdbc7c8c7cdccd3e9c4c8c0c587c7c0c187cec6df"><span class="__cf_email__" data-cfemail="0c6864697e626d626869764c616d656022626564226b637a">[email protected]</span></a>, 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
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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]
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2. Section 3.4 is amended by removing the last sentence of the
paragraph.
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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.
* * * * *
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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
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