32618 Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 /Rules and Regulations

3See footnote to § 212.1(b).

4See footnote to § 212.1(b).

5See footnote to § 212.1(b).

6See footnote to § 212.1(b).

and any other applicable statutes and

regulations are complied within the

operation of the private organization.

(k) Income shall not accrue to

individual members except through

wages and salaries as employees of the

private organization or as award

recognition for service rendered to the

private organization or military

community. The head of a DoD

installation concerned may approve the

operation of private organizations, such

as investment clubs, in which the

investment of members’ personal funds

result in a return on investment directly

and solely to the individual members.

(l) No person because of race, color,

creed, sex, age, disability or national

origin shall be unlawfully denied

membership, unlawfully excluded from

participation, or otherwise subjected to

unlawful discrimination by any private

organization on a DoD installation

covered by this part. DoD installations

will publicly disseminate information

on procedures for individuals to follow

at the local installation when unlawful

discrimination by private organizations

is suspected.

(m) Applicable laws on labor

standards for employment shall be

observed.

(n) This part does not apply to the

following organizations, which are

governed by DoD Directives and

Instructions as referenced:

(1) Scouting organizations operating

at U.S. military installations located

overseas (DoD Instruction 1015.9).3

(2) American National Red Cross (DoD

Directive 1330.5).4

(3) United Service Organizations, Inc.

(DoD Directive 1330.12).5

(4) United Seamen’s Service (DoD

Directive 1330.16).6

(5) Financial Institutions on DoD

Installations (32 CFR part 231).

(o) Certain unofficial activities may be

conducted on DoD installations, but

need not be formally authorized because

of the limited scope of their activities,

membership or funds. Examples are

office coffee funds, flower funds, and

similar small, informal activities and

funds. DoD Components shall establish

the basis upon which such informal

activities and funds shall operate.

Dated: June 9, 1998.

Patricia L. Toppings,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 98–15808 Filed 6–12–98; 8:45 am]

BILLING CODE 5000–04–M

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.

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

§ 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 § 234.3 into § 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 § 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 § 234.7(d).

The fourth change is an amendment

to the language of § 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 § 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

§ 234.18, which addresses the

enforcement of parking regulations:

‘‘violating such provisions is

prohibited.’’

Finally, a new § 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 § 234.6, but the officials signs

provision was mistakenly left out of the

interim final regulations. The final

version of § 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.
Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 /Rules and Regulations 32619

1Forward 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.

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).

§ 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 selfpropelled or designed for selfpropulsion, 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 21⁄2

inches in length.

§ 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.

§ 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.

(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.

§ 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.

§ 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.

§ 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
32620 Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 /Rules and Regulations

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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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

§ 234.4(d).

§ 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 § 234.13(b) or

when conducted as part of activities

approved by the applicable Building

Management Office under § 234.4(d).

§ 234.15 Use of visual recording devices

The use of cameras or other visual

recording devices in restricted areas or
Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 /Rules and Regulations 32621

2See footnote 1 to § 234.3(a).

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.

§ 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 RandolphSheppard Act (20 U.S.C. 107, et seq.).

§ 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.

§ 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.

§ 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

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA181–0069; FRL–6110–2]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, South

Coast Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.