Traffic and Conduct on the Grounds of Certain National Institute of Standards and Technology Sites

Issuing agencies

Abstract

By this rule, NIST amends its regulations governing traffic and conduct at its sites in Gaithersburg, Maryland, and Boulder and Fort Collins, Colorado. This rule amends those regulations by removing excessive and redundant restrictions on personal conduct, updating or removing sections with outdated references or requirements, and broadening an exception regarding the use of service dogs. This action is necessary to ensure that NIST's regulations conform to the scope of the underlying statutory authorities and to reduce regulatory complexity, redundancy, and burden. This action is intended to promote statutory conformity, administrative efficiency, and accessibility for people with disabilities, without imposing any new obligations or costs on the public.

Full Text

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<title>Federal Register, Volume 91 Issue 161 (Friday, August 21, 2026)</title>
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[Federal Register Volume 91, Number 161 (Friday, August 21, 2026)]
[Rules and Regulations]
[Pages 54214-54216]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17082]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

15 CFR Part 265

[Docket No. 260804-0183]
RIN 0693-AB75


Traffic and Conduct on the Grounds of Certain National Institute 
of Standards and Technology Sites

AGENCY: National Institute of Standards and Technology (NIST), 
Department of Commerce (Department).

ACTION: Final rule.

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SUMMARY: By this rule, NIST amends its regulations governing traffic 
and conduct at its sites in Gaithersburg, Maryland, and Boulder and 
Fort Collins, Colorado. This rule amends those regulations by removing 
excessive and redundant restrictions on personal conduct, updating or 
removing sections with outdated references or requirements, and 
broadening an exception regarding the use of service dogs. This action 
is necessary to ensure that NIST's regulations conform to the scope of 
the underlying statutory authorities and to reduce regulatory 
complexity, redundancy, and burden. This action is intended to promote 
statutory conformity, administrative efficiency, and accessibility for 
people with disabilities, without imposing any new obligations or costs 
on the public.

DATES: The rule is effective August 21, 2026.

FOR FURTHER INFORMATION CONTACT: Daniel Sweeney, Deputy General Counsel 
for Economic, Statistical, and Regulatory Affairs, Office of the 
General Counsel, at (202) 482-1395.

SUPPLEMENTARY INFORMATION:

I. Background

    This action amends NIST's regulations at 15 CFR part 265, which 
govern traffic and conduct on the grounds of NIST's sites in 
Gaithersburg, Maryland, and Boulder and Fort Collins, Colorado. The 
regulations at part 265 were initially promulgated on November 26, 1974 
(39 FR 41170), and they were subsequently amended on November 24, 1976 
(41 FR 51787), September 18, 1990 (55 FR 38316), and, most recently, 
December 27, 1991 (56 FR 66969).
    The cited statutory authorities for these regulations are 15 U.S.C. 
278e(b) and 15 U.S.C. 277. The former authorizes the Secretary of 
Commerce to undertake ``the care, maintenance, protection, repair, and 
alteration of [NIST] buildings and other plant facilities, equipment, 
and property,'' 15 U.S.C. 278e(b); and the latter states that the 
Secretary ``shall . . . make regulations . . . as he may deem necessary 
for carrying this chapter into effect,'' 15 U.S.C. 277. As relevant, 
the more specific of these two provisions, 15 U.S.C. 278e(b), centers 
around the physical preservation of NIST's buildings and other 
property.

[[Page 54215]]

    The regulations at part 265 contain citations to 40 U.S.C. 318 and 
318c, both of which were reclassified and restated as 40 U.S.C. 1315 in 
2002 (Pub. L. 107-217). See 15 CFR 265.1(b), 265.51. Part 265 also 
contains a reference to the regulations at 15 CFR part 0, which were 
removed on January 15, 2026 (91 FR 1674), given, among other 
considerations, the extensive Executive Branch-wide regulations 
regarding employee responsibilities and conduct at 5 CFR parts 735, 
2634, 2635, and 2641. See 15 CFR 265.2.

II. Discussion

    This action amends the regulations at part 265 in the following 
ways.
    First, this action removes several regulatory restrictions on on-
site personal conduct that are statutorily and practically unwarranted. 
As noted above, the more specific of the two cited statutory 
authorities underlying part 265 is 15 U.S.C. 278e(b), and that 
provision is centered around the physical preservation of NIST's 
buildings and other property. Most of the regulatory provisions set 
forth in part 265 have a reasonable and sufficient connection to that 
statutory objective. See, e.g., 15 CFR 265.1(b) (contemplating the 
appointment of uniformed guards for NIST sites); 15 CFR 265.11-265.22 
(setting forth various traffic and vehicular regulations); 15 CFR 
265.35(a) (prohibiting the obstruction of entrances, lobbies, 
elevators, stairways, and other spaces); 15 CFR 265.35(b) (prohibiting 
littering); 15 CFR 265.39 (prohibiting the possession of weapons and 
explosives). However, several of the regulatory restrictions on on-site 
personal conduct--specifically, Sec. Sec.  265.4, 265.35(a), 265.36, 
265.37, 265.38, 265.40, and 265.41--have, at most, a highly-attenuated 
connection to the physical preservation of NIST property. See 15 CFR 
265.4 (prohibiting the making or giving of false statements or 
reports); 15 CFR 265.35(a) (prohibiting willfully disrupting official 
business and engaging in disorderly conduct); 15 CFR 265.36 
(prohibiting the consumption and use of intoxicating beverages); 15 CFR 
265.37 (prohibiting the possession, sale, consumption, or use of 
narcotics and other drugs); 15 CFR 265.38 (prohibiting entering or 
remaining on site while noticeably impaired); 15 CFR 265.40 
(prohibiting discrimination on the basis of race, creed, color, sex, or 
national origin); 15 CFR 265.41 (prohibiting gambling). Such 
restrictions thus pose substantial statutory conformity concerns.
    These specified restrictions on on-site personal conduct also are 
overwhelmingly unnecessary, given the applicability of state law, see 
15 CFR 265.5; the regulatory requirement to comply with directions from 
NIST's on-site uniformed guards, see 15 CFR 265.2; the statutory 
prohibition on false statements, see 18 U.S.C. 1001; the extensive 
Executive Branch-wide regulations regarding employee responsibilities 
and conduct, see 5 CFR parts 735, 2634, 2635, and 2641; and other 
Federal laws and regulations.
    Thus, the removal of these specified restrictions on on-site 
personal conduct will help ensure statutory conformity, streamline part 
265, reduce regulatory redundancy, and reduce the possibility of 
confusion.
    Second, this action updates or removes certain outdated regulatory 
language. Specifically, this action (i) updates Sec.  265.1(b) by 
replacing the reference to 40 U.S.C. 318 with a reference to 40 U.S.C. 
1315, which is now the applicable statutory provision; (ii) removes 
Sec.  265.51, which similarly contains an outdated reference to 40 
U.S.C. 318c and, more generally, constitutes a now-disfavored 
regulatory criminal penalty provision under Executive Order 14294; 
(iii) updates and amends Sec.  265.2 by removing the references to the 
regulations at 15 CFR Part, which are no longer in effect, and by 
adding a brief acknowledgement of 15 U.S.C. 278e(b) to better orient 
the reader as to the underlying statutory objective; and (iv) removes 
Sec.  265.17, the section governing parking permits, as NIST no longer 
requires parking permits on site. These amendments are necessary to 
maintain the accuracy and currency of part 265, to minimize the 
possibility of confusion, and, in the case of Sec.  265.51, to remove 
an unnecessary criminal penalty provision consistent with the broader 
regulatory policies.
    Third, this action amends Sec.  265.43, the section governing the 
presence of animals on site, to broaden the exception for seeing eye 
dogs of blind persons to instead cover all appropriate service dogs for 
persons with disabilities. This amendment will effectively remove 
arbitrary limitations on the on-site use of service dogs (i.e., the 
limitation to seeing eye dogs and the limitation to blind persons). 
This amendment will promote accessibility and reduce regulatory burden 
for certain persons with disabilities, while maintaining the general 
regulatory prohibition on the presence of pets and other animals.

Regulatory Classifications

A. Administrative Procedure Act

    Pursuant to 5 U.S.C. 553(b)(B), the Department finds good cause to 
waive the prior notice and opportunity for public participation 
requirements of the Administrative Procedure Act for this final rule. 
The Department has determined that prior notice and opportunity for 
public participation is unnecessary, because this rule merely (i) 
removes regulatory restrictions on personal conduct at NIST sites that 
exceed the bounds of the underlying statutory authorities and are 
duplicative of ample other legal and regulatory restrictions on 
personal conduct; (ii) updates or removes certain regulatory sections 
to properly reflect the current state of other legal, regulatory, and 
administrative authorities and requirements; and (iii) broadens an 
arbitrarily-limited exception for seeing eye dogs for blind persons to 
instead cover all appropriate service dogs for persons with 
disabilities. None of the language being removed or otherwise amended 
by this rule is required by any statute, and all of the removals and 
amendments made by this rule are consistent with the Department's 
commitment and obligation to ensure statutory conformity and to 
minimize unnecessary regulatory burden. Public participation is also 
impracticable because it could not cure the statutorily-excessive 
nature of the regulatory restrictions on personal conduct untethered to 
the physical preservation of NIST property; nor could it cure the 
plainly outdated requirements and references to other authorities. As 
for broadening the exception to allow for all appropriate service dogs, 
the public interest is best served by implementing this change as 
quickly as possible, without conducting notice and comment, as the 
current language poses an arbitrary barrier to persons with 
disabilities and is potentially in conflict with the Department's legal 
obligations regarding accommodation.
    For the same reason, the Department has determined that delaying 
the effectiveness of this rule would be contrary to the public 
interest. The described removals and amendments will streamline part 
265, reduce regulatory excess and inaccuracies, and promote 
accessibility for persons who require service dogs--all of which will 
immediately benefit the public at little to no cost. In addition, these 
regulatory revisions do not require any affected entity to take advance 
action to come into compliance. The Department therefore finds good 
cause to waive the public notice and comment period under 553(b)(B) and 
to waive the 30-day delay in effectiveness under 553(d)(3).
    Furthermore, to the extent that this rule removes restrictions on 
on-site conduct (Sec. Sec.  265.4, 265.17, 265.35(a),

[[Page 54216]]

265.36, 265.37, 265.38, 265.40, and 265.41) and expands the exception 
for seeing eye dogs to encompass all appropriate service dogs (Sec.  
265.43), it constitutes a substantive that ``relieves . . . 
restriction[s]'' and thus can take effect upon publication pursuant to 
553(d)(1).

B. Executive Orders 12866, 14192, and 13132

    The Office of Management and Budget has determined this rule is not 
significant pursuant to Executive Order (E.O.) 12866. This rule is an 
E.O. 14192 deregulatory action. This rule does not contain policies 
having federalism implications as the term is defined in E.O. 13132.

C. Regulatory Flexibility Act

    Because a notice of proposed rulemaking and an opportunity for 
public participation are not required to be given for this rule by 5 
U.S.C. 553(b)(B), the analytical requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, 
no regulatory flexibility analysis is required, and none has been 
prepared.

D. Paperwork Reduction Act

    This rule will not impose additional reporting or recordkeeping 
requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, 
et seq.

List of Subjects in 15 CFR Part 265

    Government property, Traffic and conduct regulations, Buildings and 
grounds, Safety, Penalties.

Alicia Chambers,
NIST Executive Secretariat.

    Accordingly, for the reasons set forth above, part 265 of title 15 
of the Code of Federal Regulations is amended as follows:

PART 265--REGULATIONS GOVERNING TRAFFIC AND CONDUCT ON THE GROUNDS 
OF THE NATIONAL INSTITUTE OF STANDARDS & TECHNOLOGY, GAITHERSBURG, 
MARYLAND, AND BOULDER AND FORT COLLINS, COLORADO

0
1. The authority citation for part 265 continues to read as follows:

    Authority: Sec. 9, 31 Stat. 1450, as amended (15 U.S.C. 277). 
Applies sec. 1, 72 Stat 1711, as amended, (15 U.S.C. 278e(b)).

Subpart A--General

0
2. Amend Sec.  265.1 by revising paragraph (b) to read as follows:


Sec.  265.1  Definitions.

* * * * *
    (b) Uniformed guard means a designated employee appointed by the 
Director purposes of carrying out the authority of a U.S. Special 
Policeman, consistent with 40 U.S.C. 1315.
* * * * *

0
3. Revise Sec.  265.2 to read as follows:


Sec.  265.2  Applicability.

    The regulations in this part establish rules with respect to motor 
vehicles and conduct on the site. These regulations are intended to 
promote the maintenance and protection of site buildings, facilities, 
equipment, and property, as authorized by 15 U.S.C. 278e(b); and to 
supplement the government-wide rules and regulations regarding employee 
responsibilities and conduct at 5 U.S.C. 375 and 5 U.S.C. 2635, the 
officially issued orders and regulations of the Department of Commerce 
and the National Institute of Standards & Technology, and all other 
applicable Federal and State laws and regulations.


Sec.  265.4  [Reserved]

0
4. Remove and reserve Sec.  265.4.


Sec.  265.17  [Reserved]

0
5. Remove and reserve Sec.  265.17.

0
6. Amend Sec.  265.35 by revising paragraph (a) to read as follows:


Sec.  265.35  Nuisances.

    (a) No person shall unreasonably obstruct the usual use of 
entrances, foyers, lobbies, corridors, offices, elevators, stairways, 
parking lots, sidewalks, or road.
* * * * *


Sec. Sec.  265.36 through 265.38  [Reserved]

0
7. Remove and reserve Sec. Sec.  265.36 through 265.38.


Sec. Sec.  265.40 through 265.41  [Reserved]

0
8. Remove and reserve Sec. Sec.  265.40 through 265.41.

0
9. Revise Sec.  265.43 to read as follows:


Sec.  265.43  Pets and other animals.

    Except in connection with the conduct of official business on the 
site or with the approval of the Associate Director for Administration 
(Executive Officer, IBS/Boulder, for sites in Colorado), no person 
shall bring upon the site any cat, dog, or other animal, provided, 
however, that persons with disabilities may have the use of appropriate 
service dogs.

Subpart D [Removed and Reserved]

0
10. Remove and reserve subpart D, consisting of Sec.  265.51.

[FR Doc. 2026-17082 Filed 8-20-26; 8:45 am]
BILLING CODE 3510-13-P


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