Federal Register / Vol. 72, No. 101 / Friday, May 25, 2007 / Rules and Regulations 29247 

■ In consideration of the following, and 

pursuant to the authority contained in 

the Commodity Exchange Act, and in 

particular, section 2(a)(11) of the 

Commodity Exchange act, 7 U.S.C. 

2a(11), the Commission hereby amends 

Chapter I of title 17 of the Code of 

Federal Regulations a follows: 

PART 2—OFFICIAL SEAL 

■ 1. The authority citation for part 2 is 

revised to read as follows: 

Authority: 7 U.S.C. 2a(11). 

■ 2. Part 2 is amended by adding a new 

section 2.4 to read as follows: 

* * * * * 

§ 2.4 Employee Recreation Association’s 

Use of Commission Seal 

(a) As a specific exception to the 

provisions of 17 CFR 2.2 and 2.3, the 

Commodity Futures Trading 

Commission Employee Recreation 

Association (‘‘Association’’) is hereby 

authorized to use the Commission seal 

as an imprint upon sport apparel (e.g., 

hats, clothing, accessories, etc.) and 

novelty items (e.g., office mugs, 

lanyards, badge holders, stationary 

items, among other); 

(b) The Association may sell or 

distribute above said items imprinted 

with the Commission seal to members of 

the Association or others to meet its 

fundraising goals and/or in conjunction 

with its sports, social or similar events. 

Issued in Washington, DC, on the 22nd of 

May 2007, by the Commission. 

Eileen A. Donovan, 

Acting Secretary of the Commission. 

[FR Doc. 07–2605 Filed 5–24–07; 8:45 am] 

BILLING CODE 6351–01–M 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Part 10 

[CBP Dec. 07–26; USCBP–2006–0012] 

RIN 1505–AB64 

Dominican Republic—Central 

America—United States Free Trade 

Agreement 

AGENCIES: U.S. Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Final rule. 

SUMMARY: This document adopts as a 

final rule, with some changes, interim 

amendments to title 19 of the Code of 

Federal Regulations (‘‘CFR’’) which 

were published in the Federal Register 

on March 7, 2006, as CBP Dec. 06–06 to 

set forth the conditions and 

requirements that apply for purposes of 

submitting requests to U.S. Customs and 

Border Protection for refunds of any 

excess customs duties paid with respect 

to entries of textile or apparel goods 

entitled to retroactive application of 

preferential tariff treatment under the 

Dominican Republic—Central 

America—United States Free Trade 

Agreement. 

EFFECTIVE DATE: Final rule effective May 

25, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Operational aspects: Robert Abels, 

Textile Operations, Office of 

International Trade, (202) 344–1959. 

Legal aspects: Cynthia Reese, Tariff 

Classification and Marking Branch, 

Office of International Trade, (202) 572–

8812. 

SUPPLEMENTARY INFORMATION: 

Background 

The Dominican Republic—Central 

America—United States Free Trade 

Agreement (‘‘CAFTA–DR’’ or 

‘‘Agreement’’) was entered into by the 

governments of Costa Rica, the 

Dominican Republic, El Salvador, 

Guatemala, Honduras, Nicaragua, and 

the United States on August 5, 2004. 

The CAFTA–DR was approved by the 

U.S. Congress with the enactment on 

August 2, 2005, of the Dominican 

Republic-Central America-United States 

Free Trade Agreement Implementation 

Act (the ‘‘Act’’), Public Law 109–53, 119 

Stat. 462 (19 U.S.C. 4001 et seq.). 

Section 205 of the Act (19 U.S.C. 

4034), as recently amended by section 

1634(d) of the Pension Protection Act of 

2006 (Pub. L. 109–280), implements 

Article 3.20 of the CAFTA–DR by 

providing for the retroactive application 

of the preferential tariff provisions of 

the Agreement with respect to certain 

entries of qualifying textile or apparel 

goods of eligible CAFTA–DR countries. 

Specifically, section 205(a) provides 

that, notwithstanding 19 U.S.C. 1514 or 

any other provision of law, an entry of 

a textile or apparel good will be 

liquidated or reliquidated at the 

applicable rate of duty for that good set 

out in Annex 3.3 of the Agreement, and 

the Secretary of the Treasury will refund 

any excess customs duties paid with 

respect to that entry, if it meets four 

conditions: (1) The textile or apparel 

good must be of a CAFTA–DR country 

that the United States Trade 

Representative has designated as an 

eligible country for purposes of section 

205; (2) The good would have qualified 

as an originating good under section 203 

of the Act if the good had been entered 

after the date of entry into force of the 

Agreement for that country; (3) The 

entry was made on or after January 1, 

2004, and before the date of the entry 

into force of the Agreement with respect 

to that country or any other CAFTA–DR 

country; and (4) Customs duties were 

paid in excess of the applicable rate of 

duty for that good set out in Annex 3.3 

of the Agreement. 

Section 205(b) of the Act provides 

that the United States Trade 

Representative will determine which 

CAFTA–DR countries are eligible 

countries for purposes of this section 

and will publish a list of those countries 

in the Federal Register. 

Section 205(c) of the Act provides that 

liquidation or reliquidation may be 

made under section 205(a) with respect 

to an entry of a textile or apparel good 

only if a request for such liquidation or 

reliquidation is filed with CBP, within 

such period as CBP shall establish by 

regulation in consultation with the 

Secretary of the Treasury, that contains 

sufficient information to enable CBP: (1) 

To locate the entry or to reconstruct the 

entry if it cannot be located; and (2) to 

determine that the good satisfies the 

conditions set out in section 205(a). 

Section 205(d) states that, as used in 

section 205, the term ‘‘entry’’ includes 

a withdrawal from warehouse for 

consumption. 

On March 7, 2006, U.S. Customs and 

Border Protection (‘‘CBP’’) published in 

the Federal Register (71 FR 11304) as 

CBP Dec. 06–06 an interim rule that 

amended the CBP regulations by adding 

a new subpart J to Part 10 and new 

section 10.699 to set forth the 

conditions and requirements that apply 

for purposes of requesting refunds 

pursuant to section 205 of the Act. 

Pursuant to section 205(c) of the Act, 

the interim amendments included a 

provision establishing the time period 

within which requests for refunds of 

any excess customs duties paid with 

respect to entries of textile or apparel 

goods of an eligible CAFTA–DR country 

must be submitted to CBP. The interim 

rule provided that requests for refunds 

must be filed with CBP by the later of 

December 31, 2006, or the date that is 

90 days after the entry into force of the 

Agreement with respect to that country. 

The interim rule also noted that 

section 10.699 provides that any refund 

of excess customs duties made pursuant 

to that section will be accompanied by 

interest from the date of the affected 

entry. 

Although the interim regulatory 

amendments were promulgated without 


cprice-sewell on PROD1PC71 with RULES
29248 Federal Register / Vol. 72, No. 101 / Friday, May 25, 2007 / Rules and Regulations 

prior public notice and comment 

procedures and took effect on March 7, 

2006, CBP Dec. 06–06 provided for the 

submission of public comments which 

would be considered before adoption of 

the interim regulations as a final rule. 

The prescribed public comment period 

closed on May 8, 2006. 

Discussion of Comments 

Two commenters responded to the 

solicitation of comments on the interim 

regulations set forth in CBP Dec. 06–06. 

The comments are discussed below. 

Comment 

Both commenters urged that CBP 

modify the deadline for the submission 

of requests for refunds of any excess 

customs duties paid with respect to 

entries of textile or apparel goods of an 

eligible CAFTA–DR country. One 

commenter recommended that the 

deadline be changed to the later of 

December 31, 2006, or the date that is 

180 days after the entry into force of the 

Agreement with respect to that country. 

According to this commenter, 180 days 

is more appropriate than the 90 days 

specified in the interim rule as the 

former period mirrors the deadline for 

filing a protest under 19 U.S.C. 

1514(c)(3). In addition, the commenter 

stated that a 180-day period would be 

fairer to importers of goods from 

CAFTA–DR countries that may not 

accede to the Agreement until after 

December 31, 2006. 

The second commenter stated that the 

deadline should be the later of 

December 31, 2006, or the date that is 

90 days after the entry into force of the 

Agreement of the ‘‘last CAFTA–DR 

country.’’ This commenter advised that 

extending the deadline in this manner 

addresses a potential situation in which 

a good of a CAFTA–DR country for 

which the Agreement has entered into 

force is made from inputs (e.g., fabric) 

from a second CAFTA–DR country for 

which the Agreement has not entered 

into force at the time that the refund 

period for the good expires. According 

to the commenter, without the suggested 

modification in the deadline, the inputs 

from the second CAFTA–DR country 

would appear to be disregarded in 

determining whether the good qualifies 

as originating and thus eligible for a 

refund of any excess duties paid. 

CBP’s Response 

CBP agrees with the second 

commenter’s suggested modification. As 

indicated in the background portion of 

this final rule, section 1634(d) of the 

Pension Protection Act of 2006 recently 

amended the Act. That amendment 

added to section 205(a)(2) the words ‘‘or 

any other CAFTA–DR country’’

immediately following the words ‘‘with 

respect to that country’’. (See the third 

condition for goods to qualify for a 

refund of duty under section 205(a), as 

stated in the background section above.) 

CBP believes that the words ‘‘that 

country or any other CAFTA–DR 

country’’ as used in the Act are intended 

to mean ‘‘the last CAFTA–DR country.’’

In conformance with this amendment to 

the Act, CBP, in consultation with the 

Department of the Treasury, has 

determined that the period within 

which refund requests must be filed, as 

set forth in § 10.699(c), should be 

modified to permit such requests for 

goods of an eligible CAFTA–DR country 

to be filed within 90 days after the date 

of the entry into force of the Agreement 

for the last CAFTA–DR country. This 

modification has the effect of extending 

the period within which refund requests 

must be submitted to CBP for goods of 

all but the last CAFTA–DR country. 

Section 10.699(c) has been amended in 

this final rule document to reflect the 

above modification, which addresses 

the potential problem identified by the 

second commenter. Section 10.699(d) 

has also been amended to add a 

definition of ‘‘last CAFTA–DR country’’

to clarify that this term means, ‘‘of Costa 

Rica, the Dominican Republic, El 

Salvador, Guatemala, Honduras, and 

Nicaragua, the last country for which 

the Agreement enters into force.’’

CBP submits that the first 

commenter’s suggested modification 

(substituting 180 days for 90 days) is 

unnecessary in view of the modification 

of the deadline for the submission of 

refund requests effected by the 

amendment to 10.699(c) discussed 

above. CBP believes that the revised 

period within which requests for 

refunds must be submitted to CBP 

affords entities ample time to prepare 

and submit such requests. This is 

especially true considering that the 

importing public has had since March 7, 

2006 (the date of publication of CBP 

Dec. 06–06 in the Federal Register) to 

ascertain which entries of textile or 

apparel goods from CAFTA–DR 

countries may be eligible for refunds of 

any excess customs duties paid, and to 

prepare requests for refunds with 

respect to those entries. 

Comment 

A commenter requested that CBP 

issue a clarification regarding when 

‘‘* * * companies are able to submit 

refund requests when the CAFTA–DR 

has not yet entered into force for a 

country that is the source of an input 

used in an originating good that is 

eligible for refunds.’’ The commenter’s 

understanding is that a refund request 

may be submitted in such a situation 

only after the Agreement has entered 

into force with respect to the CAFTA–

DR country that is the source of the 

input. 

CBP’s Response 

The answer to this commenter’s 

question depends on whether the good 

(of an eligible CAFTA–DR country for 

which the Agreement has entered into 

force) would in fact have qualified as an 

originating good if the good had been 

entered after the date of entry into force 

of the Agreement for that country. An 

input (used in the production of the 

good) sourced from a CAFTA–DR 

country for which the Agreement has 

not yet entered into force may affect the 

determination of whether the good 

would have qualified as originating 

under the applicable CAFTA–DR rules 

of origin. If the good would have 

qualified as originating without taking 

into account the input, then a request 

for a refund of any excess duties paid 

may be submitted to CBP after the date 

of entry into force of the Agreement for 

the country in which the good (not the 

input) was produced but not later than 

90 days after the Agreement enters into 

force for the last CAFTA–DR country. 

However, if the good would qualify as 

originating only if that input qualifies as 

originating, then a refund request may 

be submitted to CBP only after the 

Agreement enters into force for the 

CAFTA–DR country that is the source of 

the input (but not later than 90 days 

after the date of the entry into force of 

the Agreement for the last CAFTA–DR 

country). 

In regard to goods made from inputs 

sourced from countries for which the 

Agreement has not yet entered into 

force, importers (or other entities that 

may submit refund requests) are advised 

to prepare such requests in advance and 

to submit them to CBP after the 

Agreement enters into force for all the 

CAFTA–DR countries that contributed 

toward the production that qualifies the 

goods as originating. 

Comment 

A commenter urged CBP to provide 

examples of the type of information that 

would be considered satisfactory to 

enable CBP to locate the entry or to 

reconstruct the entry that is the subject 

of a refund request. The commenter 

stated the current language in 

§ 10.699(c), requiring a refund request to 

include ‘‘sufficient information’’ to 

enable CBP to locate or reconstruct an 

entry, is overly broad and fails to 

provide the trade community with a 

reasonable indication of the type of 

information that must be submitted. 


cprice-sewell on PROD1PC71 with RULES
Federal Register / Vol. 72, No. 101 / Friday, May 25, 2007 / Rules and Regulations 29249 

CBP’s Response 

To enable CBP to locate or reconstruct 

an entry, the refund request should 

include a copy of the entry summary if 

at all possible. If a copy of the entry 

summary is unavailable, however, other 

information may be submitted for 

purposes of enabling CBP to reconstruct 

the entry from its automated 

commercial system. Such information 

would include the entry number, entry 

date, importer number, manufacturer 

identification code (MID), and the 

goods’ country of origin. Refund 

requests should clearly specify the 

goods (by line item) covered by an entry 

for which refunds are being sought. If 

only a portion of a line item is 

encompassed by a refund request, the 

quantity in dozens should be indicated. 

Additional Changes to the Regulations 

In addition to the regulatory changes 

identified and discussed above in 

connection with the discussion of 

public comments received in response 

to CBP Dec. 06–06, the final rulemaking 

text set forth below incorporates the 

following additional changes, which 

CBP believes are necessary either to 

conform § 10.699 to the recent 

amendment to section 205(a)(2) of the 

Act made by section 1634(d) of the 

Pension Protection Act of 2006 or as a 

result of further internal review of the 

interim regulatory text: 

1. The § 10.699 heading has been 

revised to correct errors in capitalization 

and punctuation; 

2. In § 10.699(a), the second sentence 

has been revised to add the words ‘‘, as 

amended by section 1634(d) of the 

Pension Protection Act of 2006 (Pub. L. 

109–280)’’ to the end of the sentence; 

3. In § 10.699(a), the third sentence 

has been revised to add the words ‘‘, as 

amended,’’ immediately following the 

words ‘‘the Act’’; and 

4. In § 10.699(b), the introductory text 

has been revised to remove the words 

‘‘that country’’ and add, in their place, 

the words ‘‘the last CAFTA–DR 

country’’. 

Conclusion 

Accordingly, based on the analysis of 

the comments received and the recent 

legislative change, CBP has determined 

to adopt the interim regulations 

published as CBP Dec. 06–06 as a final 

rule with certain amendments as 

discussed above and as set forth below. 

Inapplicability of Delayed Effective 

Date Requirement 

Under the Administrative Procedure 

Act (‘‘APA’’) (5 U.S.C. 553), agencies 

generally are required to publish final 

amendments at least 30 days prior to 

their effective date. However, sections 

553(d)(1) and (d)(3) of the APA exempt 

agencies from the requirement of 

publishing notice of final rules at least 

30 days prior to their effective date 

when a substantive rule grants or 

recognizes an exemption or relieves a 

restriction and when the agency finds 

that good cause exists for not meeting 

the advance publication requirement. 

As discussed previously, the changes to 

the interim regulations made by this 

final rule document, which conform to 

a recent amendment to the Act, seek to 

ensure that retroactive preferential tariff 

treatment under the Agreement is 

accorded to qualifying textile or apparel 

goods made in an eligible CAFTA–DR 

country from inputs from one or more 

other eligible CAFTA–DR countries. For 

this reason, CBP has determined that 

these regulations relieve restrictions and 

that good cause exists for dispensing 

with a delayed effective date. 

Executive Order 12866 

CBP has determined that this 

document is not a regulation or rule 

subject to the provisions of Executive 

Order 12866 of September 30, 1993 (58 

FR 51735, October 1993), because it 

pertains to a foreign affairs function of 

the United States and implements 

certain preferential tariff treatment 

provisions of an international agreement 

and, therefore, is specifically exempted 

by section 3(d)(2) of Executive Order 

12866. 

Regulatory Flexibility Act 

CBP Dec. 06–06 was issued as an 

interim rule rather than as a notice of 

proposed rulemaking because CBP had 

determined that: (1) The interim 

regulations involve a foreign affairs 

function of the United States pursuant 

to section 553(a)(1) of the 

Administrative Procedure Act (APA); 

and (2) prior public notice and comment 

procedures on these regulations were 

impracticable, unnecessary, and 

contrary to the public interest pursuant 

to section 553(b)(B) of the APA. Because 

no notice of proposed rulemaking was 

required, the provisions of the 

Regulatory Flexibility Act, as amended 

(5 U.S.C. 601 et seq.), do not apply. 

Accordingly, this final rule is not 

subject to the regulatory analysis 

requirements or other requirements of 5 

U.S.C. 603 and 604. 

Paperwork Reduction Act 

The collection of information 

contained in this final rule has 

previously been reviewed and approved 

by the Office of Management and 

Budget in accordance with the 

requirements of the Paperwork 

Reduction Act (44 U.S.C. 3507) under 

control number 1651–0125. The 

collection of information in these 

regulations is in § 10.699. This 

information is required in connection 

with requests for refunds of any excess 

customs duties paid with respect to 

entries of textile or apparel goods 

entitled to retroactive application of 

preferential tariff treatment under the 

CAFTA–DR and the Act and will be 

used by CBP to determine eligibility for 

such refunds under the CAFTA–DR and 

the Act. The likely respondents are 

business organizations, including 

importers, exporters and manufacturers. 

The estimated average annual burden 

associated with the collection of 

information in this final rule is 96 

minutes per respondent or 

recordkeeper. Comments concerning the 

accuracy of this burden estimate and 

suggestions for reducing that burden 

should be directed to the Office of 

Management and Budget, Attention: 

Desk Officer for the Department of 

Treasury, Office of Information and 

Regulatory Affairs, Washington, DC 

20503. A copy should also be sent to the 

Trade and Commercial Regulations 

Branch, Regulations and Rulings, U.S. 

Customs and Border Protection, 1300 

Pennsylvania Avenue, NW. (Mint 

Annex), Washington, DC 20229. 

Signing Authority 

This document is being issued in 

accordance with § 0.1(a)(1) of the CBP 

regulations (19 CFR 0.1(a)(1)), 

pertaining to the authority of the 

Secretary of the Treasury (or his/her 

delegate) to approve regulations related 

to certain CBP revenue functions. 

List of Subjects in 19 CFR Part 10 

Customs duties and inspection, Entry, 

Imports, Preference programs, Reporting 

and recordkeeping requirements, Trade 

agreements. 

Amendments to CBP Regulations 

■ Accordingly, the interim rule 

amending part 10 of the CBP regulations 

(19 CFR part 10), which was published 

at 71 FR 11304 on March 7, 2006, is 

adopted as a final rule with certain 

changes as discussed above and set forth 

below. 

PART 10—ARTICLES CONDITIONALLY 

FREE, SUBJECT TO A REDUCED 

RATE, ETC. 

■ 1. The general authority citation for 

part 10 and the specific authority for 

Subpart J continue to read as follows: 

Authority: 19 U.S.C. 66, 1202 (General 

Note 3(i), Harmonized Tariff Schedule of the 


cprice-sewell on PROD1PC71 with RULES
29250 Federal Register / Vol. 72, No. 101 / Friday, May 25, 2007 / Rules and Regulations 

United States), 1321, 1481, 1484, 1498, 1508, 

1623, 1624, 3314; 

* * * * * 

Section 10.699 also issued under Pub. L. 

109–53, 119 Stat. 462. 

■ 2. In § 10.699: 

■ a. The section heading is revised. 

■ b. Paragraph (a) is amended by adding 

the words ‘‘, as amended by § 1634(d) of 

the Pension Protection Act of 2006 (Pub. 

L. 109–280)’’ to the end of the second 

sentence, and by adding the words ‘‘, as 

amended,’’ immediately following the 

words ‘‘the Act’’ in the third sentence; 

■ c. Paragraph (b) introductory text is 

amended by removing the words ‘‘that 

country’’ and adding, in their place, the 

words ‘‘the last CAFTA–DR country’’; 

■ d. Paragraph (c) introductory text is 

amended by removing the words ‘‘by 

the later of December 31, 2006, or the 

date that is’’ and adding, in their place, 

the word ‘‘within’’, and by removing the 

words ‘‘that country’’ and adding, in 

their place, the words ‘‘the last CAFTA–

DR country’’; and 

■ e. Current paragraph (d)(2) is redesignated as paragraph (d)(3) and a 

new paragraph (d)(2) is added. 

The revised section heading and new 

paragraph (d)(2) read as follows: 

§ 10.699 Refunds of excess customs 

duties. 

* * * * * 

(d) * * * 

(2) ‘‘Last CAFTA–DR country’’ means, 

of Costa Rica, the Dominican Republic, 

El Salvador, Guatemala, Honduras, and 

Nicaragua, the last country for which 

the Agreement enters into force. 

* * * * * 

Deborah J. Spero, 

Acting Commissioner, Customs and Border 

Protection. 

Approved: May 21, 2007. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 07–2587 Filed 5–24–07; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 234 

[DoD–2006–OS–0031; 0790–AI09] 

Conduct on the Pentagon Reservation 

AGENCY: Department of Defense, 

Washington Headquarters Services. 

ACTION: Final rule. 

SUMMARY: This rule administrative 

revises DoD policy concerning conduct 

on the Pentagon Reservation and Raven 

Rock Mountain Complex. In 2003, 

Congress amended 10 U.S.C. 2674(g) so 

that the ‘‘Pentagon Reservation’’ also 

included the land and physical facilities 

at the Raven Rock Mountain Complex. 

Given this amendment, the Department 

has recognized the need to amend rules 

and regulations under 32 CFR Part 234 

so that they are applicable to Raven 

Rock Mountain Complex. Therefore, 

minor and administrative changes to the 

rules and regulations were necessary. 

DATES: Effective Date: May 25, 2007. 

FOR FURTHER INFORMATION CONTACT: Bill 

Brazis, Office of General Counsel, 

Washington Headquarters Services, 

1155 Defense Pentagon Room 1D197, 

Washington, DC 20301–1155. 

SUPPLEMENTARY INFORMATION: 

Justification for Final Rule 

Because the amendments and 

revisions to this final rule are only 

administrative in nature, it is 

impracticable and contrary to the public 

interest to precede it with a notice of 

proposed rulemaking and an 

opportunity for public comment. The 

administrative corrections described in 

this rule are necessary to make the rules 

applicable to Raven Rock Mountain 

Complex, which is now part of the 

Pentagon Reservation. The additional 

changes are nonsubstantive in nature. 

Therefore, the Department finds that 

there is good cause under section 

553(b)(3)(b) of the Administrative 

Procedure Act (5 U.S.C. 551 et seq.) to 

make these corrections and changes 

without first issuing a notice of 

proposed rulemaking. For the same 

reasons, the Department finds that there 

is good cause under section 553(d)(3) of 

the Administrative Procedure Act to 

make this final rule effective 

immediately. 

The Department has identified six 

sections requiring minor changes and 

has recognized the need to add one 

additional section. 

The first change is in the definition of 

‘‘Authorized person’’ in § 234.1. The 

definition of ‘‘Authorized person’’ now 

refers to an employee or agent of the 

Pentagon Force Protection Agency, 

formerly known as the Defense 

Protective Service. 

The second change is in the definition 

of ‘‘Pentagon Reservation’’ under 

§ 234.1. Because Raven Rock Mountain 

Complex is now considered part of the 

‘‘Pentagon Reservation,’’ as specified in 

10 U.S.C. 2674(g), the description of the 

area of land known as Raven Rock 

Mountain Complex was added to the 

definition of ‘‘Pentagon Reservation’’

under § 234.1. 

The third change is the amendment of 

the language of § 234.3. In § 234.3(d), 

the Department added ‘‘Installation 

Commander’’ to the list of authorized 

personnel who can review applications 

for permits for certain activities on the 

Pentagon Reservation, including Raven 

Rock Mountain Complex. Raven Rock 

Mountain Complex is under the custody 

and control of an ‘‘Installation 

Commander.’’

The fourth change is the amendment 

of the language of § 234.8. This section 

prohibited willfully destroying or 

damaging private and government 

property. The word ‘‘and’’ was changed 

to ‘‘or’’ to prohibit damaging private or 

government property on the Pentagon 

Reservation. Courts have misconstrued 

this section to only prohibit the 

destroying or damaging of both private 

and government property, but not such 

property individually. 

The fifth change is the amendment to 

§ 234.9. Previously, this section 

prohibited using or possessing fireworks 

or firecrackers, except with permission 

of the Pentagon Building Management 

Office. The amendment seeks to 

prohibit using or possessing such items 

entirely. Furthermore, the words 

‘‘Installation Commander’’ were added 

to paragraphs 234.9 (a) and (c) as 

authorized personnel who can review 

applications for permits for certain 

activities on the Pentagon Reservation, 

including Raven Rock Mountain 

Complex. 

The sixth change is an amendment to 

the language of § 234.10. ‘‘Defense 

Protective Service’’ was changed to 

‘‘Pentagon Force Protection Agency or 

the Installation Commander’’ as the 

agency or person who can authorize 

carrying of a weapon at the Pentagon or 

Raven Rock Mountain Complex. 

The seventh change is an amendment 

to the language of § 234.11. ‘‘Defense 

Protective Service’’ was changed to 

‘‘Pentagon Force Protection Agency’’. In 

addition, the word ‘‘Installation 

Commander’’ was added as a person 

who can authorize the use of alcoholic 

beverages for certain events at Raven 

Rock Mountain Complex. 

The eighth change is a revision to 

§ 234.15, governing the use of visual and 

recording devices. Previously, the use of 

cameras and visual recording devices 

was prohibited in restricted areas or in 

internal offices without the approval of 

the Office of the Assistant to the 

Secretary of Defense for Public Affairs. 

This section was revised to prohibit all 

photography on the Pentagon 

Reservation and Raven Rock Mountain 

Complex without approval of the 

Pentagon Force Protection Agency, the 

Installation Commander, or the Office of 


cprice-sewell on PROD1PC71 with RULES