24 July 1998 Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html ------------------------------------------------------------------------- [Federal Register: July 24, 1998 (Volume 63, Number 142)] [Rules and Regulations] [Page 39729-39731] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr24jy98-12] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Federal Law Enforcement Training Center 31 CFR Part 700 Regulations Governing Conduct in Federal Law Enforcement Training Center (FLECT) Buildings and on the Grounds in Glynco, Georgia, Artesia, New Mexico, the FLETC Washington Office, and Any Other Temporary Site the FLETC May Occupy AGENCY: Federal Law Enforcement Training Center (FLETC). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends the regulations governing conduct in Federal Law Enforcement Training Center (FLETC) buildings and grounds. The existing regulations apply only to the FLETC buildings and grounds in Glynco, Georgia. This final rule modifies the existing regulations to include the FLETC Artesia facility in New Mexico, the FLETC Washington Office, and any other temporary site the FLETC may occupy. EFFECTIVE DATES: July 24, 1998. FOR FURTHER INFORMATION CONTACT: Stephen M. Bodolay, 912-267-2441. SUPPLEMENTARY INFORMATION: The Federal Law Enforcement Training Center (FLETC) facility in Artesia, New Mexico, the FLETC Washington Office, and any other temporary site the FLETC may occupy are included in 31 CFR 700. Section 301 of Title 5, United States Code, and Treasury Order 140-01 (September 20, 1994) authorize the Director, FLETC, to make all needful rules and regulations governing conduct in FLETC's buildings and on its grounds. This final rule prohibits discrimination or harassment of other persons on the property, requires compliance with instructions of uniformed security officers, prohibits the taking of photographs of students without their consent, restricts the smoking of cigarettes, cigars and pipes, and requires that bicycles be equipped with appropriate safety devices. [[Page 39730]] Executive Order 12866 Because this rule relates to agency organization and management, it is not subject to Executive Order 12866. Adminstrative Procedure Act Because this Treasury decision relates to agency organization and management and is procedural in nature, notice and public procedure and a delayed effective date are inapplicable pursuant to Section 553(a)(2) of Title 5, United States Code. Regulatory Flexibility Act Because no notice of proposed rulemaking is required for this final rule, the provisions of the Regulatory Flexibility Act do not apply. Drafting Information The principal author of this document is Stephen M. Bodolay, Office of Legal Counsel, Federal Law Enforcement Training Center. List of Subjects in 31 CFR Part 700 Federal buildings and facilities. 31 CFR part 700 is revised to read as follows: PART 700--REGULATIONS GOVERNING CONDUCT IN OR ON THE FEDERAL LAW ENFORCEMENT TRAINING CENTER (FLETC) BUILDINGS AND GROUNDS Sec. 700.2 Applicability. 700.3 Recording presence. 700.4 Preservation of property. 700.5 Compliance with signs and directions. 700.6 Nuisances. 700.7 Alcoholic beverages, narcotics, and drugs. 700.8 Soliciting, vending, debt collection, and distribution of handbills. 700.9 Photographs for news, advertising, or commercial purposes. 700.10 Vehicular and pedestrian traffic. 700.11 Weapons and explosives. 700.12 Authority to search persons and vehicles. 700.13 Nondiscrimination. 700.14 Smoking. Authority: 5 U.S.C. 301; 31 U.S.C. 321; Treasury Department Order No. 140-01, dated September 20, 1994; 41 FR 5869, dated Feb. 10, 1996. Sec. 700.2 Applicability. The regulations in this part apply to the buildings and surrounding property of the FLETC, Glynco, Georgia; Artesia, New Mexico; FLECT's Washington Office; any other temporary site FLETC may occupy; and to all persons entering such buildings or property. Sec. 700.3 Recording presence. Except as otherwise ordered, the property shall be closed to the general public. Admission to the property will be limited to authorized individuals who will be required to obtain a visitor's pass and/or display identification documents, in accordance with FLETC policy. Sec. 700.4 Preservation of property. It shall be unlawful for any person without proper authority to willfully destroy, damage, deface, or remove property (including Federal records) or any part thereof or any furnishing therein. Sec. 700.5 Compliance with signs and directions. Persons in and on the property shall comply with the instructions of uniformed FLETC security officers, other authorized officials, official signs of a prohibitory or directory nature, and all applicable statutes and regulations. Sec. 700.6 Nuisances. The use of loud, abusive, or profane language, except as part of an authorized practical training exercise, unwarranted loitering, unauthorized assembly, the creation of any hazard to persons or things, improper disposal of rubbish, or the commission of any disorderly conduct on the property is prohibited. Prohibited actions in the preceding sentence are limited to those actions which impede, obstruct, or otherwise interfere with the Government's business which includes, among other things, the maintenance of the facility, protection of persons and property, and the smooth administration of academic activities and supporting services. The entry, without specific permission, upon any part of the property to which authorized visitors do not customarily have access, is prohibited. Sec. 700.7 Alcoholic beverages, narcotics, and drugs. Entering or being on the property, or operating a motor vehicle thereon, by a person under the influence of alcoholic beverages, narcotics, hallucinogenic or dangerous drugs, or marijuana is prohibited. The possession or use of any unlawful drug or substance contrary to the provisions of Federal, State, or local law in or on the property is prohibited. Sec. 700.8 Soliciting, vending, debt collection and distribution of handbills. The unauthorized soliciting for charity and contributions, commercial soliciting and vending of all kinds, the display or distribution of commercial advertising, or the collecting of private debts, other than legal service of process, in or on the property, is prohibited. This prohibition does not apply to Federal Law Enforcement Training Center concessions or notices posted by authorized employees on the bulletin boards. Distribution of material such as pamphlets, handbills, and flyers is prohibited without prior approval of the Director. Sec. 700.9 Photographs for news, advertising, or commercial purposes. Photographs for news, advertising, or commercial purposes may be taken on the property only with the prior permission of the Director. Taking photographs of a student is prohibited without the consent of the student. Sec. 700.10 Vehicular and pedestrian traffic. (a) Drivers of all vehicles on the property shall drive in a careful and safe manner at all times and shall comply with the signals and directions of security officers and all posted traffic signs. All persons on the property must comply with all applicable Federal, State, and local laws. All drivers operating a vehicle on property roadways must possess a valid driver's license. (b) The blocking of entrances, driveways, walks, loading platforms, or fire-hydrants in or on the property is prohibited. (c) Parking is permitted only in authorized locations. (d) This section may be supplemented from time to time by the Director by the issuance and posting of traffic directives. When so issued and posted, such directives shall have the same force and effect as if made a part hereof. Sec. 700.11 Weapons and explosives. No person, while on the property, shall carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, except for authorized training or official purposes, in accordance with FLETC regulations. Sec. 700.12 Authority to search persons and vehicles. Persons and vehicles entering upon FLETC facilities are subject to search by authorized security officers. Sec. 700.13 Nondiscrimination. (a) No one entering upon FLETC property shall discriminate against or harass any other person on such property, on the basis of race, color, religion, national origin, sex, sexual orientation, age, or disability, Sexual harassment is a form of sex discrimination and is expressly prohibited. [[Page 39731]] (b) Appropriate action will be taken against any person who violates any discrimination prohibition contained in paragraph (a) of this section. However, this section does not create any legal rights enforceable against the Department of the Treasury, its officers, or employees, or any other person. Although this section does not create any enforceable rights, actions in violation of the section may still result in civil or criminal action in accordance with applicable laws. Sec. 700.14 Smoking. Smoking of cigarettes, cigars and pipes is prohibited in all FLETC buildings and vehicles. Ralph W. Basham, Director. [FR Doc. 98-19493 Filed 7-23-98; 8:45 am] BILLING CODE 4810-32-M