This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

44493 

Vol. 82, No. 184 

Monday, September 25, 2017 

1Although these regulations were issued prior to 

the Homeland Security Act, per section 1512 of the 

Act, these regulations remain the relevant 

regulations for purposes of the protection and 

administration of property owned or occupied by 

the Federal Government. 

2See 41 CFR 102–74.365. 

3The statutory and executive directives relating 

to the construction of the border wall prototypes 

include, but are not limited to, section 102 of the 

Illegal Immigration Reform and Immigrant 

Responsibility Act of 1996, Public Law 104–208, 

Div. C, 110 Stat. 3009–546, 3009–554 (Sept. 30, 

1996) (8 U.S.C. 1103 note), as amended by the 

REAL ID Act of 2005, Public Law 109–13, Div. B, 

119 Stat. 231, 302, 306 (May 11, 2005) (8 U.S.C. 

1103 note), as amended by the Secure Fence Act of 

2006, Public Law 109–367, section 3, 120 Stat. 2638 

(Oct. 26, 2006) (8 U.S.C. 1103 note), as amended by 

the Department of Homeland Security 

Appropriations Act, 2008, Public Law 110–161, 

Div. E, Title V, section 564, 121 Stat. 2090 (Dec. 26, 

2007) (8 U.S.C. 1103 note), Section 2 of the Secure 

Fence Act of 2006, Public Law 109–367, 120 Stat. 

2638 (Oct. 26, 2006) (8 U.S.C. 1701 note), and E.O. 

13767. 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Chapter I 

Temporary Extension of Applicability 

of Regulations Governing Conduct on 

Federal Property 

AGENCY: Office of the Secretary, 

Department of Homeland Security. 

ACTION: Notification of temporary 

extension of the applicability of 

regulations. 

SUMMARY: The Acting Secretary of 

Homeland Security, pursuant to the 

Homeland Security Act of 2002, has 

temporarily extended the applicability 

of certain regulations governing conduct 

on federal property to certain areas 

within the United States Border Patrol’s 

San Diego Sector allowing for their 

enforcement. This temporary 

administrative extension enables the 

Department of Homeland Security 

(DHS) to protect and secure Federal 

property at or near the project areas for 

border wall prototypes and fence 

replacement near the city of San Diego, 

including but not limited to, project 

sites, staging areas, access roads, and 

buildings temporarily erected to support 

construction activities and to carry out 

its statutory obligations to protect and 

secure the nation’s borders. The project 

areas for border wall prototype and 

fence replacement are situated within a 

geographic area that starts at the Pacific 

Ocean and extends to approximately 

one mile east of Border Monument 251. 

DATES: Pursuant to 40 U.S.C. 1315(d), 

the extension began on September 19, 

2017 and will continue for the duration 

of the construction activities related to 

the fence replacement and border wall 

prototype projects near the city of San 

Diego. 

FOR FURTHER INFORMATION CONTACT: 

Joshua A. Vayer, Division Director, 

Protective Operations Division, Federal 

Protective Service, joshua.s.vayer@

hq.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Pursuant to section 1706 of the 

Homeland Security Act of 2002, 40 

U.S.C. 1315(a); Public Law 107–296, 116 

Stat. 2135 (Nov. 25, 2002), the Secretary 

of Homeland Security is responsible for 

protecting the buildings, grounds, and 

property owned, occupied, or secured 

by the Federal Government (including 

any agency, instrumentality, or wholly 

owned or mixed ownership corporation 

thereof) and the persons on the 

property. To carry out this mandate, the 

Department is authorized to enforce the 

applicable Federal regulations for the 

protection of persons and property set 

forth in 41 CFR 102–74, subpart C.1

These regulations govern conduct on 

federal property and set forth the 

relevant criminal penalties. Although 

these regulations apply to all property 

under the authority of the General 

Services Administration and to all 

person entering in or on such property,2

the Secretary of Homeland Security is 

authorized pursuant to 40 U.S.C. 

1315(d)(2)(A) to extend the applicability 

of and to enforce these regulations to 

any property owned or occupied by the 

Federal Government. 

Temporary Extension of Applicability 

of Regulations Governing Conduct on 

Federal Property to Certain Areas in 

the Vicinity of the Border Near the City 

of San Diego 

DHS is replacing existing border fence 

with bollard wall and constructing 

border wall prototypes near the city of 

San Diego in the United States Border 

Patrol’s San Diego Sector pursuant to 

several statutory and executive 

directives.3 In order to protect and 

secure the property at or near the border 

wall prototype and fence replacement 

project areas, including, but not limited 

to, project sites, staging areas, access 

roads, and buildings temporarily erected 

to support construction activities, I 

temporarily extended the applicability, 

allowing the enforcement, of regulations 

governing the conduct of individuals on 

federal property to areas in or around 

the fence replacement and border wall 

prototype project areas, pursuant to 40 

U.S.C. 1315(d)(2)(A). The project areas 

for border wall prototype and fence 

replacement are situated within a 

geographic area that starts at the Pacific 

Ocean and extends to approximately 

one mile east of Border Monument 251. 

Specifically, I temporarily extended the 

applicability, allowing the enforcement, 

of the regulations in 41 CFR part 102– 

74, subpart C, to any property owned or 

occupied by the Federal Government at 

or near the fence replacement and 

border wall prototype project areas near 

the city of San Diego. 

The regulations in 41 CFR part 102– 

74, subpart C, will remain applicable 

and enforceable at these locations for 

the duration of the construction related 

to the fence replacement and border 

wall prototypes near the city of San 

Diego. 

Elaine C. Duke, 

Acting Secretary of Homeland Security. 

[FR Doc. 2017–20383 Filed 9–22–17; 8:45 am] 

BILLING CODE 4410–10–P 

FEDERAL FINANCIAL INSTITUTIONS 

EXAMINATION COUNCIL 

12 CFR Part 1102 

[Docket No. AS17–07] 

Collection and Transmission of Annual 

AMC Registry Fees 

AGENCY: Appraisal Subcommittee of the 

Federal Financial Institutions 

Examination Council (ASC). 

ACTION: Final rule. 


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