[Federal Register Volume 64, Number 111 (Thursday, June 10, 1999)]
[Rules and Regulations]
[Pages 31136-31139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14326]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
Conduct at the Mt. Weather Emergency Assistance Center and at the
National Emergency Training Center
44 CFR Part 15
RIN 3067-AC83
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Final rule.
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SUMMARY: This final rule makes certain technical amendments to 44 CFR
part 15 to reflect the name change of a FEMA facility, to effect other
minor changes governing conduct at the Mt. Weather Emergency Assistance
Center (Mt. Weather) and at the National Emergency Training Center
(NETC), and to consolidate the rules applicable to both facilities.
EFFECTIVE DATE: This rule is effective on July 12, 1999.
FOR FURTHER INFORMATION CONTACT: For information on Mt. Weather,
contact John L. Matticks, Senior Resident Manager, Mt. Weather
Emergency Assistance Center, Federal Emergency Management Agency,
Washington, DC 20472, (telephone) (540) 542-2001, (facsimile) (540)
542-2005, or (email) John.Matticks@fema.gov; for information on the
National Emergency Training Center, Ronald P. Face, Jr., Assistant
Administrator, United States Fire Administration, Federal Emergency
Management Agency, Emmitsburg, MD 21727, (telephone) (301) 447-1223,
(facsimile) (301) 447-1052, or (email) ron.face@fema.gov.
SUPPLEMENTARY INFORMATION. Throughout this preamble and rule the term
``we'' means the Federal Emergency Management Agency or FEMA.
This final rule makes certain technical amendments to 44 CFR part
15, as follows:
1. We changed the heading of part 15 from ``Conduct at the FEMA
Special Facility'' to ``Conduct at the Mt. Weather Emergency Assistance
Center and at the National Emergency Training Center.''
2. Part 15 previously contained two subparts, the one relating to
the ``Special Facility'', now Mt. Weather, and the other to the NETC.
In this final rule we eliminated the subparts and consolidated the
rules, while separately treating rules that differ at the two
facilities.
3. We changed all references from ``the Special Facility'' to the
``Mt. Weather Emergency Assistance Center'' or to ``Mt. Weather''.
3. We changed the format of certain sections for purposes of
clarity.
4. We changed a reference to the ``Manual on Fund Raising within
the Federal Service'' to the current requirements under 5 CFR 950,
Solicitation of Federal Civilian and Uniformed Service Personnel for
Contribution to Private Voluntary Organizations.
5. We changed certain Public Law and Statutes at Large citations to
United States Code citations for consistency within 44 CFR and to
assure those using the latest version of the United States Code that
they have the latest version of law involved.
Administrative Procedure Act Determination
FEMA is publishing this final rule without opportunity for prior
public comment under the Administrative Procedure Act, 5 U.S.C. 553.
This final rule is a rule of agency organization, procedure, or
practice that is excepted from the prior public comment requirements of
the Sec. 553(b). The rule makes nonsubstantive, nonsignificant changes
in 44 CFR 15 to change the heading of part 15, to change references
from ``the Special Facility'' to the ``Mt. Weather Emergency Assistance
Center'' or to ``Mt. Weather'', to change the format of certain
sections, to change certain references and citations to more current
ones, and to consolidate rules for Mt. Weather and the NETC.
Executive Order 12866, Regulatory Planning and Review
This final rule is not a significant regulatory action within the
meaning of Sec. 2(f) of E.O. 12866 of September 30, 1993, 58 FR 51735,
but attempts to adhere to the regulatory principles set forth in E.O.
12866. The Office of Management and Budget has not reviewed the final
rule under E.O. 12866.
[[Page 31137]]
Regulatory Flexibility Act
I certify that this rule is not a major rule under Executive Order
12291. It will not have significant impact on a substantial number of
small entities within the meaning of the Regulatory Flexibility Act,
and we do not expect it (1) to affect adversely the availability of
disaster assistance funding to small entities, (2) to have significant
secondary or incidental effects on a substantial number of small
entities, or (3) to create any additional burden on small entities. We
have not prepared a regulatory flexibility analysis of this proposed
rule.
Paperwork Reduction Act
This final rule does not contain a collection of information and
therefore is not subject to the provisions of the Paperwork Reduction
Act of 1995.
Congressional Review of Agency Rulemaking
We have submitted this final rule to the Congress and to the
General Accounting Office under the Congressional Review of Agency
Rulemaking Act, Pub. L. 104-121. The rule is not a ``major rule''
within the meaning of that Act. It is an administrative action in
support of normal day-to-day activities. It does not result in nor is
it likely to result in an annual effect on the economy of $100,000,000
or more; it will not result in a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions; and it will not have ``significant
adverse effects'' on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises.
This final rule is exempt (1) from the requirements of the
Regulatory Flexibility Act, and (2) from the Paperwork Reduction Act.
The rule is not an unfunded Federal mandate within the meaning of the
Unfunded Mandates Reform Act of 1995, Pub. L. 104-4. It does not meet
the $100,000,000 threshold of that Act, and any enforceable duties are
imposed as a condition of Federal assistance or a duty arising from
participation in a voluntary Federal program.
List of Subjects in 44 CFR Part 15
Federal buildings and facilities, Penalties.
Accordingly, we revise 44 CFR Part 15 to read as follows:
PART 15--CONDUCT AT THE MT. WEATHER EMERGENCY ASSISTANCE CENTER AND
AT THE NATIONAL EMERGENCY TRAINING CENTER
Sec.
15.1 Applicability.
15.2 Definitions.
15.3 Access to Mt. Weather.
15.4 Inspection.
15.5 Preservation of property.
15.6 Compliance with signs and directions.
15.7 Disturbances.
15.8 Gambling.
15.9 Alcoholic beverages and narcotics.
15.10 Soliciting, vending, and debt collection.
15.11 Distribution of handbills.
15.12 Photographs and other depictions.
15.13 Dogs and other animals.
15.14 Vehicular and pedestrian traffic.
15.15 Weapons and explosives.
15.16 Penalties.
15.17. Other laws.
Authority: Reorganization Plan No. 3 of 1978, 43 FR 41943, 3
CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31, 1979, 44 FR 19367, 3
CFR, 1979 Comp., p. 376; E.O. 12148, 44 FR 13239, 3 CFR, 1979 Comp.,
p. 412; Federal Fire Prevention and Control Act of 1974, 15 U.S.C.
2201 et seq.; delegation of authority from the Administrator of
General Services, dated July 18, 1979; Pub.L. 80-566, approved June
1, 1948, 40 U.S.C. 318-318d; and the Federal Property and
Administrative Services Act of 1949, 40 U.S.C. 271 et seq.
Sec. 15.1 Applicability.
The rules and regulations in this part apply to all persons
entering, while on, or leaving all the property known as the Mt.
Weather Emergency Assistance Center (Mt. Weather) located at 19844 Blue
Ridge Mountain Road, Bluemont, Virginia 20135, and all the property
known as the National Emergency Training Center (NETC), located on
16825 South Seton Avenue in Emmitsburg, Maryland, which the Federal
Emergency Management Agency (FEMA) owns, operates and controls.
Sec. 15.2 Definitions.
Terms used in part 15 have these meanings:
Administrator means the Administrator, United States Fire
Administration, FEMA.
Director means the Director of the Federal Emergency Management
Agency.
FEMA means the Federal Emergency Management Agency.
Mt. Weather means the Mt. Weather Emergency Assistance Center,
Bluemont, VA.
NETC means the National Emergency Training Center, Emmitsburg, MD.
Senior Resident Manager means the Senior Resident Manager, Mt.
Weather Emergency Assistance Center.
We means the Federal Emergency Management Agency or FEMA.
Sec. 15.3 Access to Mt. Weather.
Mt. Weather contains classified material and areas that we must
protect in the interest of national security. The facility is a
restricted area. We deny access to Mt. Weather to the general public
and limit access to those persons having official business related to
the missions and operations of Mt. Weather. The Director or the Senior
Resident Manager must approve all persons and vehicles entering Mt.
Weather. All persons must register with the Mt. Weather Police/Security
Force and must receive a Mt. Weather identification badge and vehicle
parking decal or permit to enter or remain on the premises. No person
will enter or remain on Mt. Weather premises unless he or she has
received permission from the Director or the Senior Resident Manager
and has complied with these procedures.
Sec. 15.4 Inspection.
(a) In general. All vehicles, packages, handbags, briefcases, and
other containers being brought into, while on or being removed from Mt.
Weather or the NETC are subject to inspection by the Police/Security
Force and other authorized officials. A full search of a vehicle or
person may accompany an arrest.
(b) Inspection at Mt. Weather. We authorize inspection at Mt.
Weather to prevent the possession and use of items prohibited by these
rules and regulations or by other applicable laws, to prevent theft of
property and to prevent the wrongful obtaining of defense information
under 18 U.S.C. 793. If individuals object to such inspections they
must tell the officer on duty at the entrance gate before entering Mt.
Weather. The Police/Security Force and other authorized officials must
not authorize or allow individuals who refuse to permit an inspection
of their vehicle or possessions to enter the premises of Mt. Weather.
Sec. 15.5 Preservation of property.
At both Mt. Weather and NETC we prohibit:
(a) The improper disposal of rubbish;
(b) Willful destruction of or damage to property;
(c) Theft of property;
(d) Creation of any hazard on the property to persons or things;
(e) Throwing articles of any kind from or at a building;
(f) Climbing upon a fence; or
(g) Climbing upon the roof or any part of a building.
[[Page 31138]]
Sec. 15.6 Compliance with signs and directions.
Persons at Mt. Weather and the NETC must comply at all times with
official signs that prohibit, regulate, or direct, and with the
directions of the Police/Security Force and other authorized officials.
Sec. 15.7 Disturbances.
At both Mt. Weather and NETC we prohibit any unwarranted loitering,
disorderly conduct, or other conduct at Mt. Weather and NETC that:
(a) Creates loud or unusual noise or a nuisance;
(b) Unreasonably obstructs the usual use of classrooms, dormitory
rooms, entrances, foyers, lobbies, corridors, offices, elevators,
stairways, roadways or parking lots;
(c) Otherwise impedes or disrupts the performance of official
duties by government employees or government contractors;
(d) Interferes with the delivery of educational or other programs;
or
(e) Prevents persons from obtaining in a timely manner the
administrative services provided at both facilities.
Sec. 15.8 Gambling.
We prohibit participating in games for money or other personal
property, including the operation of gambling devices, the conduct of a
lottery or pool, or the sale or purchase of numbers tickets at both
facilities.
Sec. 15.9 Alcoholic beverages and narcotics.
At both Mt. Weather and the NETC we prohibit:
(a) Operating a motor vehicle by any person under the influence of
alcoholic beverages, narcotic drugs, hallucinogens, marijuana,
barbiturates or amphetamines as defined in Title 21 of the Annotated
Code of Maryland, Transportation, sec. 21-902 or in Title 18.2, ch. 7,
Art. 2 of the Code of Virginia, secs. 18.2-266 and 18.2-266.1, as
applicable;
(b) Entering upon or while on either property being under the
influence of or using or possessing any narcotic drug, marijuana,
hallucinogen, barbiturate or amphetamine. This prohibition does not
apply in cases where a licensed physician has prescribed the drug for
the person;
(c) Entering upon either property or being on either property under
the influence of alcoholic beverages;
(d) Bringing alcoholic beverages, narcotic drugs, hallucinogens,
marijuana, barbiturates or amphetamines onto the premises unless the
Director, the Senior Resident Manager, or the Administrator or designee
for the NETC authorizes it in writing; and
(e) Use of alcoholic beverages on the property except:
(1) In the Balloon Shed Lounge at Mt. Weather and in other
locations that the Director or the Senior Resident Manager authorizes
in writing; and
(2) In the Student Center at the NETC and other locations that the
Director or the Administrator, or designee, authorizes in writing.
Sec. 15.10 Soliciting, vending, and debt collection.
(a) We prohibit soliciting alms and contributions, commercial or
political soliciting and vending of all kinds, displaying or
distributing commercial advertising, or collecting private debts unless
the Director for either facility or the Senior Resident Manager approve
the activities in writing and in advance.
(b) The prohibitions of this section do not apply to:
(1) National or local drives for funds for welfare, health, or
other purposes as authorized by 5 CFR part 950, Solicitation of Federal
Civilian and Uniformed Service Personnel for Contributions to Private
Voluntary Organizations. The Director, or the Senior Resident Manager,
or the Administrator for the NETC or designee, must approve all such
national or local drives before they are conducted on either premises;
(2) Authorized concessions;
(3) Personal notices posted by employees on authorized bulletin
boards; and
(4) Solicitation of labor organization membership or dues
authorized by occupant agencies under the Civil Service Reform Act of
1978, 5 U.S.C. 7101 et seq.
Sec. 15.11 Distribution of handbills.
We prohibit the distribution of materials such as pamphlets,
handbills or flyers, and the displaying of placards or posting of
materials on bulletin boards or elsewhere at Mt. Weather and the NETC
unless the Director, the Senior Resident Manager, or the Administrator
for the NETC or designee, approves such distribution or display, or
when such distribution or display is conducted as part of authorized
government activities.
Sec. 15.12 Photographs and other depictions.
(a) Photographs and other depictions at Mt. Weather. We prohibit
taking photographs and making notes, sketches, or diagrams of
buildings, grounds or other features of Mt. Weather, or the possession
of a camera while at Mt. Weather except when the Director or the Senior
Resident Manager approves in advance.
(b) Photographs and other depictions at the NETC. (1) Photographs
may be taken inside classroom or office areas of the NETC only with the
consent of the occupants. Except where security regulations apply or a
Federal court order or rule prohibits it, photographs may be taken in
entrances, lobbies, foyers, corridors, or auditoriums when used for
public meetings.
(2) Subject to the foregoing prohibitions, photographs for
advertising and commercial purposes may be taken only with written
permission of the Assistant Administrator, Management Operations and
Student Support, United States Fire Administration, Federal Emergency
Management Agency, Emmitsburg, MD 21727, (telephone) (301) 447-1223,
(facsimile) (301) 447-1052, or other authorized official where
photographs are to be taken.
Sec. 15.13 Dogs and other animals.
Dogs and other animals, except seeing-eye dogs, must not be brought
onto Mt. Weather grounds or into the buildings at NETC for other than
official purposes.
Sec. 15.14 Vehicular and pedestrian traffic.
(a) Drivers of all vehicles entering or while at Mt. Weather or the
NETC must drive carefully and safely at all times and must obey the
signals and directions of the Police/Security Force or other authorized
officials and all posted traffic signs;
(b) Drivers must comply with NETC parking requirements and vehicle
registration requirements;
(c) At both Mt. Weather and the NETC we prohibit:
(1) Blocking entrances, driveways, walks, loading platforms, or
fire hydrants on the property; and
(2) Parking without authority, parking in unauthorized locations or
in locations reserved for other persons, or parking contrary to the
direction of posted signs.
(3) Where warning signs are posted vehicles parked in violation may
be removed at the owners' risk and expense.
(d) The Director or the Senior Resident Manager or the
Administrator for the NETC or designee may issue and post specific
supplemental traffic directives if needed. When issued and posted
supplemental traffic directives will have the same force and effect as
if they were in these rules. Proof that a parked motor vehicle violated
these rules or directives may be taken as prima facie evidence that the
registered owner was responsible for the violation.
[[Page 31139]]
Sec. 15.15 Weapons and explosives.
No person entering or while at Mt. Weather or the NETC will carry
or possess firearms, other dangerous or deadly weapons, explosives or
items intended to be used or that could reasonably be used to fabricate
an explosive or incendiary device, either openly or concealed, except:
(a) For official purposes if the Director or the Senior Resident
Manager or the Administrator for the NETC or designee approves; and
(b) In accordance with FEMA policy governing the possession of
firearms.
Sec. 15.16 Penalties.
(a) Misconduct. (1) Whoever is found guilty of violating any of
these rules and regulations is subject to a fine of not more than $50
or imprisonment for not more than 30 days, or both. (See 40 U.S.C.
318c.)
(2) We will process any misconduct at NETC according to FEMA/NETC
policy or instructions.
(b) Parking violations. We may tow at the owner's expense any
vehicles parked in violation of State law, FEMA, Mt. Weather, or NETC
instructions.
Sec. 15.17. Other laws.
Nothing in the rules and regulations in this part will be construed
to abolish any other Federal laws or any State and local laws and
regulations applicable to Mt. Weather or NETC premises. The rules and
regulations in this part supplement penal provisions of Title 18,
United States Code, relating to Crimes and Criminal Procedure, which
apply without regard to the place of the offense and to those penal
provisions that apply in areas under the special maritime and
territorial jurisdiction of the United States, as defined in 18 U.S.C.
7. They supersede provisions of State law, however, that Federal law
makes criminal offenses under the Assimilated Crimes Act (18 U.S.C. 13)
to the extent that State laws conflict with these regulations. State
and local criminal laws apply as such only to the extent that the State
reserved such authority to itself by the State consent or cession
statute or that a Federal statute vests such authority in the State.
Dated: May 26, 1999.
James L. Witt,
Director.
[FR Doc. 99-14326 Filed 6-9-99; 8:45 am]
BILLING CODE 6718-06-P
