Conduct on the Pentagon Reservation, 29250-29254 [E7-10022]
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United States), 1321, 1481, 1484, 1498, 1508,
1623, 1624, 3314;
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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;
I 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’’;
I 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
I 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:
I
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§ 10.699
duties.
Refunds of excess customs
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(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.
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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]
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Conduct on the Pentagon Reservation
Department of Defense,
Washington Headquarters Services.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule administrative
revises DoD policy concerning conduct
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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.
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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
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the Assistant to the Secretary of Defense
for Public Affairs. Furthermore, it shall
be unlawful to make any photograph,
sketch, picture, drawing, map or
graphical representation of the Pentagon
Reservation and Raven Rock Mountain
Complex without first obtaining the
necessary permission.
The ninth change is a revision to
§ 234.18. Previously, parking regulations
were enforced in accordance with
Administrative Instruction (AI) Number
88.1 This document has been renamed
‘‘The Pentagon Parking Program.’’ This
section was revised to reflect that
change. In addition, the word
‘‘Installation Commander’’ was added to
the list of personnel that can authorize
new parking regulations or restrictions
at the Pentagon and at Raven Rock
Mountain Complex.
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 record keeping
requirements under the Paperwork
Reduction Act of 1995.
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:
I
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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.
234.16 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).
1 Copies may be obtained at https://www.dtic.mil/
whs/directives/corres/ins2.html.
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§ 234.1
Definitions.
As used in this part.
Authorized person. An employee or
agent of the Pentagon Force Protection
Agency, 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.
Pursuant to 10 U.S.C. 674, the Pentagon
Reservation also includes the area of
land known as Raven Rock Mountain
Complex (‘‘RRMC’’), located in Adams
County, Pennsylvania, and Site ‘‘C,’’
which is located in Washington County,
Maryland, and other related facilities.
The Pentagon Reservation shall include
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 or 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; any bow and
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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 AI Number 30 2 and
other applicable Department of Defense
rules and regulations 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.
Forward written requests for copies of
the document to Washington
Headquarters Services, Executive
Services Division, Freedom of
Information Division, 1155 Defense
Pentagon, Washington, DC 20301–1155.
(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
2 Copies may be obtained at https://www.dtic.mil/
whs/directives/corres/ins2.html.
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or Installation Commander. 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.
§ 234.7
Disorderly conduct.
Persons on the Pentagon Reservation
shall at all times comply with official
signs of a prohibitory, regulatory, or
directory nature.
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 disrupts the
performance of official duties by
Department of Defense employees, or
obstructs the use of areas such as
entrances, foyers, lobbies, corridors,
concourses, offices, elevators, stairways,
roadways, driveways, walkways, or
parking lots.
§ 234.6
§ 234.8
§ 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.
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§ 234.5
Compliance with official signs.
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
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.
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Preservation of property.
Willfully destroying or damaging
private or government 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
or Installation Commander. 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.
(c) Violation of the conditions
established by the applicable Building
Management Office or Installation
Commander 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:
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(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 Pentagon
Force Protection Agency or the
Installation Commander 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, the Installation
Commander, or the Heads of the
Military Departments, or their
designees. Written notice of such
authorizations shall be provided to the
Pentagon Force Protection Agency.
(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
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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
§ 234.3(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 or Installation
Commander under § 234.3(d).
§ 234.15
Use of visual recording devices.
(a) The use of cameras or other visual
recording devices on the Pentagon
Reservation is prohibited, unless the use
of such items are approved by the
Pentagon Force Protection Agency, the
Installation Commander, or the Office of
the Assistant to the Secretary of Defense
for Public Affairs.
(b) It shall be unlawful to make any
photograph, sketch, picture, drawing,
map or graphical representation of the
Pentagon Reservation without first
obtaining permission of the Pentagon
Force Protection Agency, Installation
Commander, or the Office of the
Assistant to the Secretary of Defense for
Public Affairs.
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§ 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
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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, 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
or 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 (c)(1)
of this section shall also apply to an
operator who is or has been legally
entitled to use alcohol or another drug.
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(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
(c)(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
to 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 (c)(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 paragraphs (c)(3)
and (c)(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 the Pentagon
Reservation Parking Program 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
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29254
Federal Register / Vol. 72, No. 101 / Friday, May 25, 2007 / Rules and Regulations
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, or the Installation
Commander, 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
laws.
Penalties and effect on other
(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: May 18, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison
Officer, DoD.
[FR Doc. E7–10022 Filed 5–24–07; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD09–07–012]
RIN 1625–AA00
Safety Zone; Great Lakes Naval
Training Center Harbor, North Chicago,
IL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
cprice-sewell on PROD1PC71 with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone
around Great Lakes Naval Training
Center Harbor. This zone is intended to
control the movement of vessels on
portions of Lake Michigan and Great
Lakes Naval Training Center Harbor
during the Spill of National Significance
(SONS) exercise on June 19 and 20,
2007. This zone is necessary to protect
the public from the hazards associated
with ships and boats deploying oil
containment equipment.
DATES: This rule is effective from June
19, 2007 through June 20, 2007.
VerDate Aug<31>2005
15:34 May 24, 2007
Jkt 211001
Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket [CGD09–07–012] and are
available for inspection or copying at
Coast Guard Sector Lake Michigan
(spw), 2420 South Lincoln Memorial
Drive, Milwaukee, WI 53207 between 8
a.m. and 3 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
CWO Brad Hinken, Prevention
Department, Coast Guard Sector Lake
Michigan, Milwaukee, WI at (414) 747–
7154.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Regulatory Information
On April, 19, 2007, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone, Great Lake Naval
Training Center Harbor, North Chicago,
IL in the Federal Register (72 FR
19675). We received no letters
commenting on the proposed rule. No
public meeting was requested and none
was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. This safety zone is necessary
to protect the public from the hazards
associated with ships and boats
deploying oil containment equipment.
Insufficient time existed to provide full
notice, and delaying establishment of
the zone would have increased risks to
public safety and been contrary to the
public interest.
Background and Purpose
This temporary safety zone is
necessary to ensure the safety of vessels
and people from hazards associated
with numerous vessels deploying oil
containment booms and conducting
diving operations. Based on the
experiences in other Captain of the Port
zones, the Captain of the Port Lake
Michigan has determined that numerous
vessels engaged in the deployment of oil
containment booms in close proximity
to watercraft pose significant risks to
public safety and property. The likely
combination of large numbers of
recreation vessels and congested
waterways could result in serious
injuries or fatalities. Establishing a
safety zone to control vessel movement
around the location of the SONS
exercise will help ensure the safety of
persons and property at these events
and help minimize the associated risks.
Discussion of Rule
A temporary safety zone is necessary
to ensure the safety of vessels during the
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
deployment and recovery of oil
containment booms in conjunction with
the SONS exercise. The safety zone will
be enforced between 8 a.m. and 6 p.m.,
each day, on June 19 and 20, 2007.
The safety zone for the SONS exercise
will encompass all waters of Lake
Michigan and Great Lakes Naval
Training Center Harbor from the
shoreline to 2,200 yards east, 1,900
yards north, and 2,900 yards south of
Great Lakes Light 2 (Lightlist number
20285) and bounded by a line with of
point of origin at 42°20′12″ N, 087°48′
W; then west to 42°20′12″ N, 087°50′ W;
then south to 42°17′ N, 087°50′ W; then
east to 42°17′ N, 087°48′ W; then north
to the point of origin (NAD 83).
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the designated onscene representative. Entry into,
transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port
Lake Michigan or his designated onscene representative. The Captain of the
Port or his designated on-scene
representative may be contacted via
VHF Channel 16.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
The Coast Guard will only enforce
this safety zone for 10 hours a day on
the two days specified. This safety zone
has been designed to allow vessels to
transit unrestricted to portions of the
harbor not affected by the zone. The
Captain of the Port will allow vessels to
enter and depart Great Lakes Naval
Training Center Harbor. The Coast
Guard expects insignificant adverse
impact to mariners from the activation
of this zone.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
E:\FR\FM\25MYR1.SGM
25MYR1
]]>Agencies
[Federal Register Volume 72, Number 101 (Friday, May 25, 2007)]
[Rules and Regulations]
[Pages 29250-29254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10022]
=======================================================================
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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.
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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
Sec. 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 Sec. 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 Sec. 234.1.
The third change is the amendment of the language of Sec. 234.3.
In Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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
[[Page 29251]]
the Assistant to the Secretary of Defense for Public Affairs.
Furthermore, it shall be unlawful to make any photograph, sketch,
picture, drawing, map or graphical representation of the Pentagon
Reservation and Raven Rock Mountain Complex without first obtaining the
necessary permission.
The ninth change is a revision to Sec. 234.18. Previously, parking
regulations were enforced in accordance with Administrative Instruction
(AI) Number 88.\1\ This document has been renamed ``The Pentagon
Parking Program.'' This section was revised to reflect that change. In
addition, the word ``Installation Commander'' was added to the list of
personnel that can authorize new parking regulations or restrictions at
the Pentagon and at Raven Rock Mountain Complex.
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\1\ Copies may be obtained at https://www.dtic.mil/whs/
directives/corres/ins2.html.
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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 record keeping requirements under the
Paperwork Reduction Act of 1995.
0
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.
234.16 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 Pentagon Force
Protection Agency, 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. Pursuant to 10 U.S.C.
674, the Pentagon Reservation also includes the area of land known as
Raven Rock Mountain Complex (``RRMC''), located in Adams County,
Pennsylvania, and Site ``C,'' which is located in Washington County,
Maryland, and other related facilities. The Pentagon Reservation shall
include 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 or 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; any 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 AI Number 30 \2\ and other applicable
Department of Defense rules and regulations 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. Forward written requests for
copies of the document to Washington Headquarters Services, Executive
Services Division, Freedom of Information Division, 1155 Defense
Pentagon, Washington, DC 20301-1155.
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\2\ Copies may be obtained at https://www.dtic.mil/whs/
directives/corres/ins2.html.
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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
[[Page 29252]]
or Installation Commander. 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 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
disrupts the performance of official duties by Department of Defense
employees, or 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 or government 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 or Installation Commander. 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.
(c) Violation of the conditions established by the applicable
Building Management Office or Installation Commander 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
Pentagon Force Protection Agency or the Installation Commander 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, the Installation
Commander, or the Heads of the Military Departments, or their
designees. Written notice of such authorizations shall be provided to
the Pentagon Force Protection Agency.
(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
[[Page 29253]]
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. 234.3(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 or Installation Commander under
Sec. 234.3(d).
Sec. 234.15 Use of visual recording devices.
(a) The use of cameras or other visual recording devices on the
Pentagon Reservation is prohibited, unless the use of such items are
approved by the Pentagon Force Protection Agency, the Installation
Commander, or the Office of the Assistant to the Secretary of Defense
for Public Affairs.
(b) It shall be unlawful to make any photograph, sketch, picture,
drawing, map or graphical representation of the Pentagon Reservation
without first obtaining permission of the Pentagon Force Protection
Agency, Installation Commander, or 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, 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 or 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 (c)(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 (c)(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 to 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 (c)(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 paragraphs (c)(3) and (c)(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 the Pentagon Reservation Parking Program 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
[[Page 29254]]
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, or the
Installation Commander, 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.
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: May 18, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, DoD.
[FR Doc. E7-10022 Filed 5-24-07; 8:45 am]
BILLING CODE 5001-06-P
