[Federal Register Volume 63, Number 114 (Monday, June 15, 1998)]
[Rules and Regulations]
[Pages 32618-32621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15189]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 234
Conduct on the Pentagon Reservation
AGENCY: Department of Defense, Washington Headquarters Services.
ACTION: Final rule.
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SUMMARY: This document revises DoD policy concerning conduct on the
Pentagon Reservation. The revisions are intended to ensure that DoD
regulations are consistent with the statutory authority on which they
are based, and to promote the safer, more efficient, and more secure
operation of the Pentagon Reservation.
EFFECTIVE DATE: June 15, 1998.
FOR FURTHER INFORMATION CONTACT:
Thomas R. Brooke, Office of General Counsel, Washington Headquarters
Services, 1155 Defense Pentagon Room 1D197, Washington, DC 20301-1155,
telephone (703) 693-7374.
SUPPLEMENTARY INFORMATION: On January 8, 1996, the Department of
Defense published an interim final rule in the Federal Register (61 FR
541). Comments from the public were invited, but none were received. In
the two years since the interim final rule was published, the
Department has identified six sections requiring minor changes and has
recognized the need to add one additional section.
The first change is the combination of the definitions of firearm
and weapon in Sec. 234.1. Because there is no functional reason to keep
the definitions separate, they have been combined under the definition
of weapon.
The second change is the incorporation of Sec. 234.3 into
Sec. 234.17. Section 234.17 is the main provision addressing the use of
vehicles on the Pentagon Reservation. As such, it is the natural place
for the regulations to note that, in general, traffic and the use of
vehicles are governed by state law. Also, to remove any ambiguity as to
the application of state traffic laws, the following sentence has been
added: ``Violating a provision of State law is prohibited.''
The third change is the amendment of the language of Sec. 234.8.
The interim language is awkward in that it reads in part, ``[D]amage to
[]private property is prohibited.'' The meaning of the provision is
conveyed more straightforwardly in the final version, which prohibits
``destroying or damaging private property.'' Also, the word
``willfully'' has been added to distinguish between intentional and
accidental acts. This distinction is consistent with the statutory
authority for the regulations, which provides a criminal penalty only
for willful violations of the regulations. Finally, the section's
prohibition against the ``creation of any hazard to persons or things''
has been deleted because the subject is already addressed in the
previous section, at Sec. 234.7(d).
The fourth change is an amendment to the language of Sec. 234.10.
Because certain implements used for construction and other lawful
purposes fall under this regulation's definition of ``weapons,''
paragraph (b) of that section, has been amended to allow the exemption
of weapons used in support of a ``security, law enforcement, or other
lawful purpose.''
The fifth change, for the sake of clarity and accuracy, is the
replacement of the word ``use'' in Sec. 234.11, referring to alcoholic
beverages, with the term ``consumption.''
The sixth change, to remove any ambiguity as to the application of
certain parking-related Department of Defense regulations and state
laws, is the addition of the following clause in Sec. 234.18, which
addresses the enforcement of parking regulations: ``violating such
provisions is prohibited.''
Finally, a new Sec. 234.5 has been added. Section 40b.3 of the
former regulations governing conduct at the Pentagon required
compliance with official signs and the lawful directions of police
officers. The provision covering directions from police officers was
incorporated into the interim final version of Sec. 234.6, but the
officials signs provision was mistakenly left out of the interim final
regulations. The final version of Sec. 234.5 restores that provision.
The language of the section is almost identical to the General Services
Administration official signs provision found at 41 CFR part 101-
20.304.
It has been certified that this rule is not a significant rule as
defined under section 3(f)(1) through 3(f)(4) of Executive Order 12866.
Further, it has been certified that this rule will not have a
significant economic impact on a substantial number of small entities
because it affects only those entities and persons who are on the
Pentagon Reservation. Finally, it has been certified that this rule
does not impose any reporting or recordkeeping requirements under the
Paperwork Reduction Act of 1995.
List of Subjects in 32 CFR Part 234
Alcohol abuse, Drug testing, Federal buildings and facilities,
Security measures, Traffic regulations.
[[Page 32619]]
Accordingly, chapter I of title 32 of the Code of Federal
Regulations under the authority of 10 U.S.C. 301 is amended by revising
part 234 to read as follows:
PART 234--CONDUCT ON THE PENTAGON RESERVATION
Sec.
234.1 Definitions.
234.2 Applicability.
234.3 Admission to property.
234.4 Trespassing.
234.5 Compliance with official signs.
234.6 Interfering with agency functions.
234.7 Disorderly conduct.
234.8 Preservation of property.
234.9 Explosives.
234.10 Weapons.
234.11 Alcoholic beverages and controlled substances.
234.12 Restriction on animals.
234.13 Soliciting, vending, and debt collection.
234.14 Posting of materials.
234.15 Use of visual recording devices.
235.16 Gambling.
234.17 Vehicles and traffic safety.
234.18 Enforcement of parking regulations.
234.19 Penalties and effect on other laws.
Authority: 10 U.S.C. 131 and 2674(c).
Sec. 234.1 Definitions.
As used in this part.
Authorized person. An employee or agent of the Defense Protective
Service, or any other Department of Defense employee or agent who has
delegated authority to enforce the provisions of this part.
Operator. A person who operates, drives, controls, otherwise has
charge of, or is in actual physical control of a mechanical mode of
transportation or any other mechanical equipment.
Pentagon Reservation. Area of land and improvements thereon,
located in Arlington, Virginia, on which the Pentagon Office Building,
Federal Building Number 2, the Pentagon heating and sewage treatment
plants, and other related facilities are located, including all
roadways, walkways, waterways, and all areas designated for the parking
of vehicles.
Permit. A written authorization to engage in uses or activities
that are otherwise prohibited, restricted, or regulated.
Possession. Exercising direct physical control of dominion, with or
without ownership, over property.
State law. The applicable and nonconflicting laws, statutes,
regulations, ordinances, and codes of the state(s) and other political
subdivision(s) within whose exterior boundaries the Pentagon
Reservation or a portion thereof is located.
Traffic. Pedestrians, ridden or herded animals, vehicles, and other
conveyances, either singly or together, while using any road, path,
street, or other thoroughfare for the purposes of travel.
Vehicle. Any vehicle that is self-propelled or designed for self-
propulsion, any motorized vehicle, and any vehicle drawn by or designed
to be drawn by a motor vehicle, including any device in, upon, or by
which any person or property is or can be transported or drawn upon a
highway, hallway, or pathway; to include any device moved by human or
animal power, whether required to be licensed in any state or
otherwise.
Weapons. Any loaded or unloaded pistol, rifle, shotgun, or other
device which is designed to, or may be readily converted to, expel a
projectile by the ignition of a propellant, by compressed gas, or by
spring power; and bow and arrow, crossbow, blowgun, spear gun, hand-
thrown spear, slingshot, irritant gas device, explosive device, or any
other implement designed to discharge missiles; any other weapon,
device, instrument, material, or substance, animate or inanimate that
is used for or is readily capable of, causing death or serious bodily
injury, including any weapon the possession of which is prohibited
under the laws of the state in which the Pentagon Reservation or
portion thereof is located; except that such term does not include a
pocket knife with a blade of less than 2\1/2\ inches in length.
Sec. 234.2 Applicability.
The provisions of this part apply to all areas, lands, and waters
on or adjoining the Pentagon Reservation and under the jurisdiction of
the United States, and to all persons entering in or on the property.
They supplement those penal provisions of Title 18, United States Code,
relating to crimes and criminal procedure and those provisions of State
law that are federal criminal offenses by virtue of the Assimilative
Crimes Act, 18 U.S.C. 13.
Sec. 234.3 Admission to property.
(a) Access to the Pentagon Reservation or facilities thereon shall
be restricted in accordance with Department of Defense Administrative
Instruction Number 30 \1\ in order to ensure the orderly and secure
conduct of Department of Defense business. Admission to facilities or
restricted areas shall be limited to employees and other persons with
proper authorization.
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\1\ Forward written requests for copies of the document to the
Directorate for Freedom of Information and Security Review, Room
2C757, 1400 Defense Pentagon, Washington, D.C. 20301-1400.
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(b) All persons entering or upon the Pentagon Reservation shall,
when required and/or requested, display identification to authorized
persons.
(c) All packages, briefcases, and other containers brought into,
on, or being removed from facilities or restricted areas on the
Pentagon Reservation are subject to inspection and search by authorized
persons. Persons entering on facilities or restricted areas who refuse
to permit an inspection and search will be denied entry.
(d) Any person or organization desiring to conduct activities
anywhere on the Pentagon Reservation shall file an application for
permit with the applicable Building Management Office. Such application
shall be made on a form provided by the Department of Defense and shall
be submitted in the manner specified by the Department of Defense.
Violation of the conditions of a permit issued in accordance with this
section is prohibited and may result in the loss of access to the
Pentagon Reservation.
Sec. 234.4 Trespassing.
(a) Trespassing, entering, or remaining in or upon property not
open to the public, except with the express invitation or consent of
the person or persons having lawful control of the property, is
prohibited. Failure to obey an order to leave under paragraph (b) of
this section, or reentry upon property after being ordered to leave or
not reenter under paragraph (b) of this section, is also prohibited.
(b) Any person who violates a Department of Defense rule or
regulation may be ordered to leave the Pentagon Reservation by an
authorized person. A violator's reentry may also be prohibited.
Sec. 234.5 Compliance with official signs.
Persons on the Pentagon Reservation shall at all times comply with
official signs of a prohibitory, regulatory, or directory nature.
Sec. 234.6 Interfering with agency functions.
The following are prohibited:
(a) Interference. Threatening, resisting, intimidating, or
intentionally interfering with a government employee or agent engaged
in an official duty, or on account of the performance of an official
duty.
(b) Violation of a lawful order. Violating the lawful order of a
government employee or agent authorized to maintain order and control
public access and movement during fire fighting operations, search
[[Page 32620]]
and rescue operations, law enforcement actions, and emergency
operations that involve a threat to public safety or government
resources, or other activities where the control of public movement and
activities is necessary to maintain order and public health or safety.
(c) False information. Knowingly giving a false or fictitious
report or other false information:
(1) To an authorized person investigating an accident or violation
of law or regulation, or
(2) On an application for a permit.
(d) False report. Knowingly giving a false report for the purpose
of misleading a government employee or agent in the conduct of official
duties, or making a false report that causes a response by the
government to a fictitious event.
Sec. 234.7 Disorderly conduct.
A person commits disorderly conduct when, with intent to cause
public alarm, nuisance, jeopardy, or violence, or knowingly or
recklessly creating a risk thereof, such person commits any of the
following prohibited acts:
(a) Engages in fighting or threatening, or in violent behavior.
(b) Uses language, an utterance, or gesture, or engages in a
display or act that is obscene, physically threatening or menacing, or
done in a manner that is likely to inflict injury or incite an
immediate breach of the peace.
(c) Makes noise that is unreasonable, considering the nature and
purpose of the actor's conduct, location, time of day or night, and
other factors that would govern the conduct of a reasonably prudent
person under the circumstances.
(d) Creates or maintains a hazardous or physically offensive
condition.
(e) Impedes or threatens the security of persons or property, or
which disrupts the performance of official duties by Department of
Defense employees, or which obstructs the use of areas such as
entrances, foyers, lobbies, corridors, concourses, offices, elevators,
stairways, roadways, driveways, walkways, or parking lots.
Sec. 234.8 Preservation of property.
Willfully destroying or damaging private property is prohibited.
The throwing of articles of any kind from or at buildings or persons,
improper disposal of rubbish, and open fires are also prohibited.
Sec. 234.9 Explosives.
(a) Using, possessing, storing, or transporting explosives,
blasting agents or explosive materials is prohibited, except pursuant
to the terms and conditions of a permit issued by the applicable
Building Management Office. When permitted, the use, possession,
storage and transportation shall be in accordance with applicable
Federal and State law.
(b) Using or possessing fireworks or firecrackers is prohibited,
except in designated areas under such conditions as may be established
by the applicable Building Management Office or pursuant to the terms
and conditions of a permit issued by the applicable Building Management
Office, and in accordance with applicable State law.
(c) Violation of the conditions established by the applicable
Building Management Office or of the terms and conditions of a permit
issued in accordance with this section is prohibited and may result in
the loss of access to the Pentagon Reservation.
Sec. 234.10 Weapons.
(a) Except as otherwise authorized under this section, the
following are prohibited:
(1) Possessing a weapon.
(2) Carrying a weapon.
(3) Using a weapon.
(b) This section does not apply to any agency or Department of
Defense component that has received prior written approval from the
Defense Protective Service to carry, transport, or use a weapon in
support of a security, law enforcement, or other lawful purpose while
on the Pentagon Reservation.
Sec. 234.11 Alcoholic beverages and controlled substances.
(a) Alcoholic beverages. The consumption of alcoholic beverages or
the possession of an open container of an alcoholic beverage within the
Pentagon Reservation is prohibited unless authorized by the Director,
Washington Headquarters Services, or his designee, or the Heads of the
Military Departments, or their designees. Written notice of such
authorizations shall be provided to the Defense Protective Service.
(b) Controlled substances. The following are prohibited:
(1) The delivery of a controlled substance, except when
distribution is made by a licensed physician or pharmacist in
accordance with applicable law. For the purposes of this paragraph,
delivery means the actual, attempted, or constructive transfer of a
controlled substance.
(2) The possession of a controlled substance, unless such substance
was obtained by the possessor directly from, or pursuant to a valid
prescription or order by, a licensed physician or pharmacist, or as
otherwise allowed by Federal or State law.
(c) Presence on the Pentagon Reservation when under the influence
of alcohol, a drug, a controlled substance, or any combination thereof,
to a degree that may endanger oneself or another person, or damage
property, is prohibited.
Sec. 234.12 Restriction on animals.
Animals, except guide dogs for persons with disabilities, shall not
be brought upon the Pentagon Reservation for other than official
purposes.
Sec. 234.13 Soliciting, vending, and debt collection.
Commercial or political soliciting, vending of all kinds,
displaying or distributing commercial advertising, collecting private
debts or soliciting alms upon the Pentagon Reservation is prohibited.
This does not apply to:
(a) National or local drives for funds for welfare, health, or
other purposes as authorized by 5 CFR parts 110 and 950, Solicitation
of Federal Civilian and Uniformed Services Personnel for Contributions
to Private Voluntary Organizations, issued by the U.S. Office of
Personnel Management under Executive Order 12353, 3 CFR, 1982 Comp., p.
139, as amended.
(b) Personal notices posted on authorized bulletin boards, and in
compliance with building rules governing the use of such authorized
bulletin boards, advertising to sell or rent property of Pentagon
Reservation employees or their immediate families.
(c) Solicitation of labor organization membership or dues
authorized by the Department of Defense under the Civil Service Reform
Act of 1978.
(d) Licensees, or their agents and employees, with respect to space
licensed for their use.
(e) Solicitations conducted by organizations composed of civilian
employees of the Department of Defense or members of the uniformed
services among their own members for organizational support or for the
benefit of welfare funds for their members, after compliance with the
requirements of Sec. 234.4(d).
Sec. 234.14 Posting of materials.
Posting or affixing materials, such as pamphlets, handbills, or
fliers on the Pentagon Reservation is prohibited except as provided by
Sec. 234.13(b) or when conducted as part of activities approved by the
applicable Building Management Office under Sec. 234.4(d).
Sec. 234.15 Use of visual recording devices
The use of cameras or other visual recording devices in restricted
areas or
[[Page 32621]]
in internal offices must be approved by the Department of Defense
component occupying the space. Photographs for advertising or
commercial purposes may only be taken with the permission of the Office
of the Assistant to the Secretary of Defense for Public Affairs.
Sec. 234.16 Gambling.
Gambling in any form, or the operation of gambling devices, is
prohibited. This prohibition shall not apply to the vending or exchange
of chances by licensed blind operators of vending facilities for any
lottery set forth in a State law and authorized by the provisions of
the Randolph-Sheppard Act (20 U.S.C. 107, et seq.).
Sec. 234.17 Vehicles and traffic safety.
(a) In general. Unless specifically addressed by regulations in
this part, traffic and the use of vehicles within the Pentagon
Reservation are governed by State law. Violating a provision of State
law is prohibited.
(b) Open container of an alcoholic beverage. (1) Each person within
a vehicle is responsible for complying with the provisions of this
section that pertain to carrying an open container. The operator of a
vehicle is the person responsible for complying with the provisions of
this section that pertain to the storage of an open container.
(2) Carrying or storing a bottle, can, or other receptacle
containing an alcoholic beverage that is open or has been opened, or
whose seal is broken, or the contents of which have been partially
removed, within a vehicle on the Pentagon Reservation is prohibited.
(3) This section does not apply to:
(i) An open container stored in the trunk of a vehicle or, if a
vehicle is not equipped with a trunk, to an open container stored in
some other portion of the vehicle designed for the storage of luggage
and not normally occupied by or readily accessible to the operator or
passengers; or
(ii) An open container stored in the living quarters of a motor
home or camper;
(4) For the purpose of paragraph (a)(3)(i) of this section, a
utility compartment or glove compartment is deemed to be readily
accessible to the operator and passengers of a vehicle.
(c) Operating under the influence of alcohol, drugs, or controlled
substances. (1) Operating or being in actual physical control of a
vehicle is prohibited while:
(i) Under the influence of alcohol, a drug or drugs, a controlled
substance or controlled substances, or any combination thereof, to a
degree that renders the operator incapable of safe operation; or
(ii) The alcohol concentration in the operator's blood or breath is
0.08 grams of more of alcohol per 100 milliliters of blood or 0.08
grams or more of alcohol per 210 liters of breath. Provided, however,
that if State law that applies to operating a vehicle while under the
influence of alcohol establishes more restrictive limits of alcohol
concentration in the operator's blood or breath, those limits supersede
the limits specified in this paragraph.
(2) The provisions of paragraph (b)(1) of this section shall also
apply to an operator who is or has been legally entitled to use alcohol
or another drug.
(3) Tests. (i) At the request or direction of an authorized person
who has probable cause to believe that an operator of a vehicle within
the Pentagon Reservation has violated a provision of paragraph (b)(1)
of this section, the operator shall submit to one or more tests of the
blood, breath, saliva, or urine for the purpose of determining blood
alcohol, drug, and controlled substance content.
(ii) Refusal by an operator to submit a test is prohibited and may
result in detention and citation by an authorized person. Proof of
refusal may be admissible in any related judicial proceeding.
(iii) Any test or tests for the presence of alcohol, drugs, and
controlled substances shall be determined by and administered at the
direction of an authorized person.
(iv) Any test shall be conducted by using accepted scientific
methods and equipment of proven accuracy and reliability operated by
personnel certified in its use.
(4) Presumptive levels. (i) The results of chemical or other
quantitative tests are intended to supplement the elements of probable
cause used as the basis for the arrest of an operator charged with a
violation of this section. If the alcohol concentration in the
operator's blood or breath at the time of the testing is less than the
alcohol concentration specified in paragraph (b)(1)(ii) of this
section, this fact does not give rise to any presumption that the
operator is or is not under the influence of alcohol.
(ii) The provisions of paragraph (b)(4)(i) of this section are not
intended to limit the introduction of any other competent evidence
bearing upon the question of whether the operator, at the time of the
alleged violation, was under the influence of alcohol, a drug or drugs,
or a controlled substance or controlled substances, or any combination
thereof.
Sec. 234.18 Enforcement of parking regulations.
Parking regulations for the Pentagon Reservation shall be enforced
in accordance with Department of Defense Administrative Instruction
Number 88 \2\ and State law; violating such provisions is prohibited. A
vehicle parked in any location without authorization, or parked
contrary to the directions of posted signs or markings, shall be
subject to removal at the owner's risk and expense, in addition to any
penalties imposed. The Department of Defense assumes no responsibility
for the payment of any fees or costs related to such removal which may
be charged to the owner of the vehicle by the towing organization. This
section may be supplemented from time to time with the approval of the
Director, Washington Headquarters Services, or his designee, by the
issuance and posting of such parking directives as may be required, and
when so issued and posted such directive shall have the same force and
effect as if made a part hereof.
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\2\ See footnote 1 to Sec. 234.3(a).
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Sec. 234.19 Penalties and effect on other laws.
(a) Whoever shall be found guilty of willfully violating any rule
or regulation enumerated in this part is subject to the penalties
imposed by Federal law for the commission of a Class B misdemeanor
offense.
(b) Whoever violates any rule or regulation enumerated in this part
is liable to the United States for a civil penalty of not more than
$1,000.
(c) Nothing in this part shall be construed to abrogate any other
Federal laws.
Dated: June 3, 1998.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 98-15189 Filed 6-12-98; 8:45 am]
BILLING CODE 5000-04-M
