[Federal Register: August 3, 2000 (Volume 65, Number 150)]
[Rules and Regulations]

[Page 47663-47664]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03au00-4]

[[Page 47663]]

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1204

RIN 2700-AC38

Inspection of Persons and Personal Effects at NASA Installations
or on NASA Property; Trespass or Unauthorized Introduction of Weapons
or Dangerous Materials

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

———————————————————————–

SUMMARY: NASA published on January 19, 2000 an “Interim rule with
request for comments,” titled “Inspection of Persons and Personal
Effects on NASA Property.” NASA received and considered one letter in
response to the request for comments on the interim rule. Consequently,
the interim rule was further clarified as noted below. Accordingly,
Subpart 10 of 14 CFR Part 1204 is retitled “Inspection of Persons and
Personal Effects at NASA Installations or on NASA Property; Trespass or
Unauthorized Introduction of Weapons or Dangerous Materials.” In
addition, language is added to clarify that the updated regulation
merely reflects current Federal policy and NASA practice of upgraded
security measures; and a new introductory statement is provided before
reciting the provision of 18 U.S.C. Section 799.

To avoid confusion and for ease of reference, Subpart 10 of 14 CFR
Part 1204–“Inspection of Persons and Personal Effects at NASA
Installations or on NASA Property; Trespass or Unauthorized
Introduction of Weapons or Dangerous Materials”–is republished in its
entirety as a Final rule.

DATES: Effective Date: This rule is effective August 3, 2000.

ADDRESSES: NASA Security Management Office, Code JS, NASA Headquarters,
Washington, DC 20546.

FOR FURTHER INFORMATION CONTACT: Mark R.J. Borsi, 202-358-2457.

SUPPLEMENTARY INFORMATION: This action revises Subpart 10 of 14 CFR
part 1204 to update the regulation consistent with current Federal
policy and Agency practice.

The National Aeronautics and Space Administration has determined
that:

1. This rule is not subject to the requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601-612, since it will not exert a
significant economic impact on a substantial number of small entities.

2. This rule is not a major rule as defined in Executive Order
12866.

List of Subjects in 14 CFR Part 1204

Conduct, Dangerous materials, Employees, Explosives, Facilities,
Federal buildings, Firearms, Inspections, Installations, Persons,
Property, Real estate, Security, Trespass, Weapons.

For reasons set out in the Preamble, 14 CFR part 1204 is amended as
follows:

PART 1204–ADMINISTRATIVE AUTHORITY AND POLICY

1. 14 CFR part 1204, Subpart 10 is revised to read as follows:

Subpart 10–Inspection of Persons and Personal Effects at NASA
Installations or on NASA Property; Trespass or Unauthorized
Introduction of Weapons or Dangerous Materials

Sec.:
1204.1000 Scope of subpart.
1204.1001 Policy.
1204.1002 Responsibility.
1204.1003 Procedures.
1204.1004 Trespass.
1204.1005 Unauthorized introduction of firearms or weapons,
explosives, or other dangerous materials.
1204.1006 Violations.

Subpart 10–Inspection of Persons and Personal Effects at NASA
Installations or on NASA Property; Trespass or Unauthorized
Introduction of Weapons or Dangerous Materials

Authority: 42 U.S.C. 2455.

Sec. 1204.1000 Scope of subpart.

This subpart establishes NASA policy and prescribes minimum
procedures concerning the inspection of persons and property in their
possession while entering, or on, or exiting NASA real property or
installations (including NASA Headquarters, Centers, or Component
Facilities). In addition, it proscribes unauthorized entry or the
unauthorized introduction of weapons or other dangerous instruments or
materials at any NASA installation.

Sec. 1204.1001 Policy.

(a) In the interest of national security, NASA will provide
appropriate and adequate protection or security for personnel,
property, installations (including NASA Headquarters, Centers, and
Component Facilities), and information in its possession or custody. In
furtherance of this policy, NASA reserves the right to conduct an
inspection of any person, including any property in the person’s
possession or control, as a condition of admission to, continued
presence on, or exiting from, any NASA installation.

(b) It is determined that this policy is intended to comply with
the heightened security measures for installations owned or occupied by
Federal agencies (in this case NASA), to mitigate threats to such
installations and to better protect the persons and property thereon.

Sec. 1204.1002 Responsibility.

The NASA Center Directors and the Associate Administrator for
Headquarters Operations are responsible for implementing the provisions
of this subpart. In implementing this subpart, these officials will
coordinate their action with appropriate officials of other affected
agencies.

Sec. 1204.1003 Procedures.

(a) All entrances to NASA real property or installations (including
NASA Headquarters, Centers, or Component Facilities) will be
conspicuously posted with the following notices:

(1) CONSENT TO INSPECTION: Your entry into, continued presence
on, or exit from, this installation is contingent upon your consent
to inspection of person and property.

(2) UNAUTHORIZED INTRODUCTION OF WEAPONS OR DANGEROUS MATERIALS
IS PROHIBITED: Unless specifically authorized by NASA, you may not
carry, transport, introduce, store, or use firearms or other
dangerous weapons, explosives or other incendiary devices, or other
dangerous instrument or material likely to produce substantial
injury or damage to persons or property.

(b) Only NASA security personnel or members of the installation’s
uniformed security force will conduct inspections pursuant to this
subpart. Such inspections will be conducted in accordance with
guidelines established by the Director, Security Management Office,
NASA Headquarters.

(c) If an individual does not consent to an inspection, it will not
be conducted, but the individual will be denied admission to, or be
escorted off the installation.

(d) If, during an inspection, an individual is found to be in
unauthorized possession of items believed to represent a threat to the
safety or security of the installation, the individual will be denied
admission to or be escorted off the installation, and appropriate law
enforcement authorities will be notified immediately.

(e) If, during an inspection conducted pursuant to this subpart, an
individual is in possession of U.S. Government property without proper
authorization, that person will be required to

[[Page 47664]]

relinquish the property to the security representative pending proper
authorization for the possession of the property or its removal from
the installation. The individual relinquishing the property will be
provided with a receipt for the property.

Sec. 1204.1004 Trespass.

Unauthorized entry upon any NASA real property or installation is
prohibited.

Sec. 1204.1005 Unauthorized introduction of firearms or weapons,
explosives, or other dangerous materials.

(a) The unauthorized carrying, transporting, or otherwise
introducing or causing to be introduced, or using firearms or other
dangerous weapons, explosives or other incendiary devices, or other
dangerous instrument, substance, or material likely to produce
substantial injury or damage to persons or property, into or upon NASA
real property, facility, or installation, is prohibited.

(b) Paragraph (a) of this section shall not apply to:

(1) The lawful performance of official duties by an officer, agent,
or employee of the United States, a State, or a political subdivision
thereof, or NASA contractor, who is authorized to carry firearms or
other material covered by paragraph (a) of this section.

(2) The lawful carrying of firearms or other dangerous weapons at
or on a NASA installation after written prior approval has been
obtained from the installation Security Office in connection with
sanctioned hunting, range practice, or other lawful purpose.

Sec. 1204.1006 Violations.

Please take notice that anyone violating these regulations may be
cited for violating Title 18 of the United States Code (U.S.C.) Section
799, which states that whoever willfully shall violate, attempt to
violate, or conspire to violate any regulation or order promulgated by
the Administrator of the National Aeronautics and Space Administration
for the protection or security of any laboratory, station, base or
other facility, or part thereof, or any aircraft, missile, spacecraft,
or similar vehicle, or part thereof, or other property or equipment in
the custody of the Administration [NASA], or any real or personal
property or equipment in the custody of any contractor under any
contract with the Administration or any subcontractor of any such
contractor, shall be fined under this title [Title 18], or imprisoned
not more than one year, or both.

Daniel S. Goldin,

Administrator.

[FR Doc. 00–19622 Filed 8-2-00; 8:45 am]
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