Rule2026-00927
Federal Management Regulation; Conduct on Federal Property
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 20, 2026
Effective
January 20, 2026
Issuing agencies
General Services Administration
Abstract
The General Services Administration (GSA), in consultation with the Department of Homeland Security (DHS), is removing and reserving a subpart of the Federal Management Regulation (FMR) pertaining to conduct on Federal property. DHS recently published a final rule, effective November 5, 2025, establishing regulations for the protection of Federal property. GSA's final rule will remove GSA regulations that are duplicative of DHS's new regulation. This final rule supports the deregulatory requirements of Executive Order issued January 31, 2025, titled "Unleashing Prosperity Through Deregulation."
Full Text
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<title>Federal Register, Volume 91 Issue 12 (Tuesday, January 20, 2026)</title>
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[Federal Register Volume 91, Number 12 (Tuesday, January 20, 2026)]
[Rules and Regulations]
[Pages 2316-2317]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00927]
[[Page 2316]]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-74
[FMR Case 2025-16; Docket No. GSA-FMR-2025-0016; Sequence No. 1]
RIN 3090-AL11
Federal Management Regulation; Conduct on Federal Property
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Final rule.
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SUMMARY: The General Services Administration (GSA), in consultation
with the Department of Homeland Security (DHS), is removing and
reserving a subpart of the Federal Management Regulation (FMR)
pertaining to conduct on Federal property. DHS recently published a
final rule, effective November 5, 2025, establishing regulations for
the protection of Federal property. GSA's final rule will remove GSA
regulations that are duplicative of DHS's new regulation. This final
rule supports the deregulatory requirements of Executive Order issued
January 31, 2025, titled ``Unleashing Prosperity Through
Deregulation.''
DATES: Effective date: January 20, 2026.
FOR FURTHER INFORMATION CONTACT: Alexander Kurien, Deputy Associate
Administrator, Office of Government-wide Policy, at 202-208-7642 or
<a href="/cdn-cgi/l/email-protection#d5b4b9b0adb4bbb1b0a7fbbea0a7bcb0bb95b2a6b4fbb2baa3"><span class="__cf_email__" data-cfemail="2a4b464f524b444e4f5804415f58434f446a4d594b044d455c">[email protected]</span></a>, for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat Division at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#276074667542407442446740544609404851"><span class="__cf_email__" data-cfemail="d394809281b6b480b6b093b4a0b2fdb4bca5">[email protected]</span></a>. Please cite
FMR Case 2025-16.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule amends the FMR to align with the Administration's
priorities set forth in Executive Order (E.O.) 14192, Unleashing
Prosperity Through Deregulation, dated January 31, 2025. As E.O. 14192
states, agencies must work to alleviate the burden on those impacted by
regulations. Regulations rescinded in this rulemaking are duplicative
of regulations specified by other agencies and/or are not required by
statute, and are not necessary to carry out the Administrator's
functions under Subtitle I of Title 40, United States Code. Their
removal does not change either the underlying statute or any
regulations maintained by other agencies. GSA has determined that
reducing the number of redundant regulations will lead to less
confusion, as there will be one source for the statutory or regulatory
requirement.
The Homeland Security Act of 2002, Public Law 107-296, 116 Stat.
2135 (Nov. 25, 2002) (the Act), transferred the authority for law
enforcement and related security functions for Federal properties from
the GSA to the Secretary of DHS. In furtherance of the Act, and in
consultation with the Administrator of GSA, DHS published the proposed
rule for the protection of Federal property in the Federal Register (90
FR 4398) (January 15, 2025).
Prior to the proposed rule, DHS relied upon the regulations
governing personal conduct on Federal property found in 41 CFR part
102-74 subpart C. The FMR is only applicable to property under the
jurisdiction, custody, or control of GSA (not all property protected by
the Federal Protective Service) and applies only when the conduct is
committed on the property itself and not adjacent thereto. Accordingly,
the FMR is not comprehensive of DHS authority under 40 U.S.C. 1315 to
protect Federal property falling within DHS's jurisdiction. Additional
explanation about the changes between DHS regulation and the FMR can be
found in the proposed rule at 90 FR 4398, 4401-4413.
DHS published the final rule promulgating regulations for the
protection of Federal property (90 FR 24217) (June 9, 2025). That rule
set January 1, 2026, as the effective date for those regulations. On
November 5, 2025, DHS published another final rule changing the
effective date for those regulations from January 1, 2026, to November
5, 2025 (90 FR 49247). DHS's regulation is codified at 6 CFR part 139.
II. Discussion of Final Rule--Summary of Changes
GSA is removing the regulations that are duplicative of the DHS
regulation or statute. A summary of the changes is as follows:
Part 102-74--Facility Management: Removed and reserved subpart C
and removed Appendix to Part 102-74.
III. Cost and Benefit Analysis
DHS completed a regulatory impact analysis as part of the published
proposed rule (90 FR 4398). There is no cost associated with GSA
deleting its regulations because DHS regulations are already in effect
as of November 5, 2025 (90 FR 49247). The benefit of GSA deleting its
regulations is to prevent confusion and allow DHS to be the single
source of the regulatory requirement.
IV. Administrative Procedure Act
This rulemaking is exempt from the advance notice-and-comment and
delayed-effective-date requirements of the Administrative Procedure Act
(APA) pursuant to 5 U.S.C. 553(a)(2), because this rulemaking relates
to agency management or personnel or to public property, loans, grants,
benefits, or contracts. This rulemaking relates to both GSA's agency
management and public property because it applies to federally owned
facilities under the jurisdiction, custody and control of GSA.
V. Executive Orders 12866, 13563, and 14192
E.O. 12866 (Regulatory Planning and Review) directs 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).
E.O. 13563 (Improving Regulation and Regulatory Review) emphasizes the
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility. OMB's Office of
Information and Regulatory Affairs (OIRA) has determined that this rule
is a significant regulatory action and, therefore, it was reviewed
under Section 6(b) of E.O. 12866. This action is considered an E.O.
14192 deregulatory action.
VI. Congressional Review Act
Subtitle E of the Small Business Regulatory Enforcement Fairness
Act of 1996 (codified at 5 U.S.C. 801-808), is also known as the
Congressional Review Act (CRA). CRA generally provides that before a
rule may take effect, unless excepted, the agency promulgating the rule
must submit a rule report, which includes a copy of the rule, to each
chamber of the Congress and to the Comptroller General of the United
States. This action is excepted from CRA reporting requirements
prescribed under 5 U.S.C. 801 as it relates to agency management or
personnel and to GSA organization, procedure, or practice that does not
substantially affect the rights or obligations of non-agency parties, 5
U.S.C. 804(3), and is therefore not a ``rule'' for purposes of the CRA.
This deregulatory action also does not meet the definition of a rule at
5 U.S.C. 551(4). OIRA has further determined that this action does not
meet the definition of a major rule under 5 U.S.C. 804(2).
[[Page 2317]]
VII. Regulatory Flexibility Act
This final rule will not have a significant economic impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. This final rule is
also exempt from the APA pursuant to 5 U.S.C. 553(a)(2) because it
applies to agency management or personnel or to public property, loans,
grants, benefits, or contracts. Therefore, a Regulatory Flexibility
Analysis was not performed.
VIII. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FMR do not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors, or members of the public that require the approval of OMB
under 44 U.S.C. 3501, et seq.
List of Subjects in 41 CFR Part 102-74
Blind, Concessions, Energy conservation, Federal buildings and
facilities, Fire prevention, Government property management, Parking,
Rates and fares.
Edward C. Forst,
Administrator of General Services.
For the reasons stated in the preamble, and under the authority of
40 U.S.C. 121(c), the General Services Administration amends 41 CFR
part 102-74 as follows:
PART 102-74--FACILITY MANAGEMENT
Subpart C--[Removed and Reserved]
0
1. Remove and reserve subpart C, consisting of Sec. Sec. 102-74.365
through 102-74.455.
Appendix to Part 102-74--Rules and Regulations Governing Conduct on
Federal Property--[Removed]
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2. Remove appendix A to part 102-74.
[FR Doc. 2026-00927 Filed 1-16-26; 8:45 am]
BILLING CODE P
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</html>Indexed from Federal Register on January 20, 2026.
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