Restricted Buildings and Grounds, 18939-18941 [2018-09230]

Download as PDF Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations MS, from ‘‘Intermittent, 1000 to 0300 local time, as activated by NOTAM at least 24 hours in advance,’’ to ‘‘Intermittent by NOTAM at least 24 hours in advance.’’ Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal. No comments were received. The Rule The FAA is amending 14 CFR part 73 by changing the time of designation for restricted area R–4403A, Stennis Space Center, MS, from ‘‘Intermittent, 1000 to 0300 local time, as activated by NOTAM at least 24 hours in advance,’’ to ‘‘Intermittent by NOTAM at least 24 hours in advance.’’ This change is required to provide the additional restricted area activation time needed to accommodate NASA’s SLS Core Stage engine testing program. The current boundaries and designated altitude for R–4403A remain unchanged. Additionally, this action does not affect restricted areas R–4403B, C, E, or F (Note: there is no ‘‘D’’ subdivision). amozie on DSK30RV082PROD with RULES Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review The FAA determined the modification of restricted area R–4403A, Stennis Space Center, MS, to be within the scope of the Navy and NASA’s Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) for the Redesignation and Expansion of Restricted Airspace R– 4403 to Support Military Air-To-Ground Munitions Training and NASA Rocket Engine Testing At Stennis Space Center, Mississippi dated November 24, 2015; and the FAA’s decision document adopting the airspace portion of the VerDate Sep<11>2014 16:12 Apr 30, 2018 Jkt 244001 above cited EA titled ‘‘Federal Aviation Administration, Adoption of the Environmental Assessment and FONSI/ ROD for Redesignation and Expansion of Restricted Airspace R–4403, Stennis Space Center, Hancock and Pearl River County, MS, and St Tammany Parrish, LA, signed on March 22, 2016; and that no further environmental review is required. List of Subjects in 14 CFR Part 73 Airspace, Prohibited areas, Restricted areas. The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 73 as follows: PART 73—SPECIAL USE AIRSPACE 1. The authority citation for part 73 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 73.44 [Amended] 2. Section 73.44 is amended as follows: * * * * * ■ R–4403A Stennis Space Center, MS [Amended] By removing ‘‘Time of Designation. Intermittent, 1000 to 0300 local time, as activated by NOTAM at least 24 hours in advance,’’ and adding in their place: Time of designation. Intermittent by NOTAM at least 24 hours in advance. Issued in Washington, DC, on April 24, 2018. Rodger A. Dean, Jr., Manager, Airspace Policy Group. [FR Doc. 2018–09101 Filed 4–30–18; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Secret Service 31 CFR Part 408 Restricted Buildings and Grounds U.S. Secret Service, Department of Homeland Security. ACTION: Final rule. AGENCY: This final rule repeals outdated U.S. Secret Service (‘‘USSS’’) regulations concerning the designation of and access to a temporary residence of the President or other USSS protectee. Due to amendments to the relevant statutory authority, the USSS regulations are no longer necessary. SUMMARY: PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 18939 This final rule removes these outdated regulations, thereby bringing the CFR into alignment with the terms of the statutory authority and eliminating unnecessary provisions. DATES: Effective Date: May 1, 2018. FOR FURTHER INFORMATION CONTACT: Catherine Milhoan, USSS Office of Government and Public Affairs, (202) 406–5708. SUPPLEMENTARY INFORMATION: Background As part of the Omnibus Crime Control Act of 1970, Congress enacted 18 U.S.C. 1752 (Temporary residence of the President) (‘‘Section 1752’’), making it unlawful to willfully and knowingly enter or remain in any building or grounds designated by the Secretary of the Treasury as a temporary residence of the President or the temporary offices of the President and his staff. Public Law 91–644, Title V, Sec. 18, 84 Stat. 1891– 92 (Jan. 2, 1971). Subsection (d) of Section 1752 further authorized the Secretary of the Treasury: (1) To designate by regulation the buildings and grounds which constitute the temporary residences of the President and the temporary offices of the President and his staff, and (2) to prescribe regulations governing ingress or egress to such buildings and grounds and to posted, cordoned off, or otherwise restricted areas where the President is or will be temporarily visiting. Department of Treasury regulations designating the temporary residence of the President and the temporary offices of the President and his staff and governing ingress and egress to those buildings and grounds are set forth in Chapter IV, part 408 of title 31 of the Code of Federal Regulations and consist of sections 408.1–408.3 (31 CFR 408.1– 408.3). Section 1752 has been amended several times since its enactment in 1971. For example, amendments in 1982 modified subsection (d) to include the authority to issue regulations concerning the residences of USSS protectees in addition to the President. But further modifications in 2006 have eliminated the need for implementing regulations and have removed provisions regarding the issuance of regulations. Need for Correction In 2006, the Secret Service Authorization and Technical Modification Act of 2005, Public Law 109–177, Title VI, Sec. 602, 120 Stat. 252 (Mar. 9, 2006), amended Section 1752 to eliminate any reference to regulations. Subsection (d), which E:\FR\FM\01MYR1.SGM 01MYR1 amozie on DSK30RV082PROD with RULES 18940 Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations authorized the Secretary of the Treasury to issue regulations, was stricken. References to residences as ‘‘designated’’ were also eliminated throughout the text. Instead, the offense conduct was described as willfully and knowingly entering or remaining in any posted, cordoned off, or otherwise restricted area of a building or grounds where the President or other person protected by the USSS is or will be temporarily visiting or in any posted, cordoned off, or otherwise restricted area of a building or grounds so restricted in conjunction with an event designated as an event of national significance. With those amendments, the regulations found at 31 CFR part 408 became obsolete. While Section 1752 was amended again in 2012, the authorization to the promulgate regulations was not reintroduced, and the statute in its current form makes no reference to regulation. Those amendments, made in the Federal Restricted Buildings and Grounds Improvement Act of 2011, Public Law 112–98, Sec. 2, 126 Stat. 263 (Mar. 8, 2012), reflect the most recent expression of Congressional intent. As in 2006, the 2012 amendments to Section 1752 reflect that the offense conduct is fully described in the text of the statute itself. Rather than identifying restricted residences and offices through regulation, the 2012 statutory amendments define those venues as any posted, cordoned off, or otherwise restricted of the White House or its grounds, the Vice President’s official residence and its grounds, the building or grounds where a Secret Service protectee is or will be temporarily visiting, or a building or grounds that is restricted in conjunction with an event designated as a special event of national significance. There have been no amendments to Section 1752 since 2012. The regulations found in part 408 were not removed after the enactment of the Secret Service Authorization and Technical Modification Act of 2005 or the Federal Restricted Buildings and Grounds Improvement Act of 2011. The regulations have also not been updated since 1984, well before the statutory language was changed in 2006 to eliminate all references to regulation. For instance, the regulations currently list the President’s designated temporary residence in Santa Barbara County, California, as it was in the Reagan Administration. The existing regulations are now obsolete and retaining them maintains an inconsistency between the terms of the statute itself and the outdated regulations. As a result, USSS is VerDate Sep<11>2014 16:12 Apr 30, 2018 Jkt 244001 repealing part 408 in its entirety. This change will align the provisions of the CFR with the express language of the statute and eliminate any potential confusion as to the offense conduct at issue in Section 1752. Executive Orders 13563, 12866, and 13771 Executive Orders 13563 and 12866 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (‘‘Reducing Regulation and Controlling Regulatory Costs’’) directs agencies to reduce regulation and control regulatory costs. This rule is not a ‘‘significant regulatory action,’’ under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget has not reviewed this regulation. DHS considers this final rule to be an Executive Order 13771 deregulatory action. See OMB’s Memorandum titled ‘‘Guidance Implementing Executive Order 13771, Titled ‘Reducing Regulation and Controlling Regulatory Costs’ ’’ (April 5, 2017). This rule will serve to remove obsolete provisions and will eliminate any inconsistency between the offense conduct set forth in Section 1752 and the outdated regulatory provisions. This rule will not affect the current application of the terms of the statute. Instead, the rule will provide greater clarity for the public of its application. Therefore, this rule will not impose any costs on USSS or the public. DHS believes that removing the obsolete regulations will reduce confusion for the public and that streamlining the regulations will provide non-monetized efficiencies. Inapplicability of Notice and Delayed Effective Date Pursuant to 5 U.S.C. 553(b)(B) of the Administrative Procedure Act (APA), an agency may, for good cause, find that notice and public comment procedure on a rule is impracticable, unnecessary, or contrary to the public interest. Part 408 of 31 CFR contains obsolete regulations, which are no longer required pursuant to statutory authority. Further, USSS believes that maintaining outdated regulations causes confusion PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 for the public. Therefore, USSS has determined that it would be unnecessary and contrary to the public interest to delay publication of this rule in final form pending an opportunity for public comment. Under 5 U.S.C. 553(d)(3) of the APA, USSS has, for the same reasons, determined that there is good cause for this final rule to become effective immediately upon publication. USSS currently applies the terms of Section 1752 as they appear in the text of the statute as a matter of law. The repeal of obsolete regulations will serve to align the Code of Federal Regulations with the terms of the authorizing statute itself. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended by the Small Business Regulatory Enforcement and Fairness Act of 1996, requires agencies to assess the impact of regulations on small entities. A small entity may be a small business (defined as any independently owned and operated business not dominant in its field that qualifies as a small business per the Small Business Act); a small notfor-profit organization; or a small governmental jurisdiction (locality with fewer than 50,000 people). The Regulatory Flexibility Act applies only to rules subject to notice and comment rulemaking requirements under the APA or any other law (5 U.S.C. 553(a)(2)). Because this rule is not subject to such notice and comment rulemaking requirements, the provisions of the Regulatory Flexibility Act do not apply. However, as discussed above in the ‘‘Executive Orders 13563, 12866, and 13771’’ section, this rule will impose no costs on the public, including small entities, because it merely eliminates outdated USSS regulations. Signing Authority Prior to March 1, 2003, USSS was a component of the Department of the Treasury. On November 25, 2002, the President signed the Homeland Security Act of 2002, 6 U.S.C. 101 et seq., Public Law 107–296, (the ‘‘HSA’’), establishing the Department of Homeland Security (‘‘DHS’’). Pursuant to section 821 of the HSA, the USSS was transferred from Treasury to DHS effective March 1, 2003. Accordingly, this final rule to repeal Treasury regulations impacting USSS functions may be signed by the Secretary of Homeland Security. List of Subjects in 31 CFR Part 408 Federal buildings and facilities, Security measures. E:\FR\FM\01MYR1.SGM 01MYR1 Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations § Section U.S.C. United States Code PART 408—[REMOVED AND RESERVED] Under 18 U.S.C. 1752 and for the reasons discussed in the preamble, amend 31 CFR chapter IV by removing and reserving part 408. ■ Claire M. Grady, Acting Deputy Secretary. [FR Doc. 2018–09230 Filed 4–30–18; 8:45 am] BILLING CODE 9110–18–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG 2017–1080] RIN 1625–AA00 Safety Zone; Sabine River, Orange, Texas Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for certain navigable waters of the Sabine River, shoreline to shoreline, adjacent to the public boat ramp located in Orange, TX. This action is necessary to protect persons and vessels from hazards associated with a high speed boat race competition in Orange, TX. Entry of vessels or persons into this zone is prohibited unless authorized by the Captain of the Port Marine Safety Unit Port Arthur. DATES: This rule is effective from 8:30 a.m. on May 19, 2018 through 6 p.m. on May 20, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2017– 1080 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Scott Whalen, Marine Safety Unit Port Arthur, U.S. Coast Guard; telephone 409–719–5086, email Scott.K.Whalen@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: amozie on DSK30RV082PROD with RULES I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Marine Safety Unit Port Arthur DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking PATCOM Patrol Commander VerDate Sep<11>2014 16:12 Apr 30, 2018 Jkt 244001 II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. This safety zone must be established by May 19, 2018 and we lack sufficient time to provide a reasonable comment period and then consider those comments before issuing this rule. The NPRM process would delay the establishment of the safety zone until after the dates of the high speed boat races and compromise public safety. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable and contrary to public interest because immediate action is needed to protecting participants, spectators, and other persons and vessels from the potential hazards during a high speed boat race on a navigable waterway. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Marine Safety Unit Port Arthur (COTP) has determined that the potential hazards associated with high speed boat races are a safety concern for vessels operating on the Sabine River. Possible hazards include risks of injury or death from near or actual contact among participant vessels and spectators or mariners traversing through the safety zone. This rule is needed to protect all waterway users, including event participants and spectators, before, during, and after the scheduled event. IV. Discussion of the Rule This rule establishes a temporary safety zone from 8:30 a.m. through 6 p.m. each day on from May 19, 2018 through May 20, 2018. The safety zone covers all navigable waters of the Sabine River, extending the entire width of the PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 18941 river, adjacent to the public boat ramp located in Orange, TX bounded by the Navy Pier One at latitude 30°05′50″ N to the north and latitude 30°05′33″ N to the south. The duration of the safety zone is intended to protect participants, spectators, and other persons and vessels, in the navigable waters of the Sabine River during the high speed boat races and will include breaks and opportunity for vessels to transit through the regulated area. No vessel or person is permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. They may be contacted on VHF–FM channel 13 or 16, or by telephone at 409–719–5070. A designated representative may be a Patrol Commander (PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF–FM (156.8 MHz) by the call sign ‘‘PATCOM’’. The ‘‘official patrol vessels’’ consist of any Coast Guard, state, or local law enforcement and sponsor provided vessels assigned or approved by the COTP or a designated representative to patrol the zone. All persons and vessels not registered with the sponsor as participants or official patrol vessels are considered spectators. Spectator vessels desiring to transit the zone may do so only with prior approval of the COTP or a designated representative and when so directed by that officer must be operated at a minimum safe navigation speed in a manner that will not endanger any other vessels. No spectator vessel shall anchor, block, loiter, or impede the through transit of official patrol vessels in the zone during the effective dates and times, unless cleared for entry by or through the COTP or a designated representative. Any spectator vessel may anchor outside the zone, but may not anchor in, block, or loiter in a navigable channel. Spectator vessels may be moored to a waterfront facility within the zone in such a way that they shall not interfere with the progress of the event. Such mooring must be complete at least 30 minutes prior to the establishment of the zone and remain moored through the duration of the event. The COTP or a designated representative may forbid and control the movement of all vessels in the zone. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the directions given. Failure to do so may result in expulsion from the zone, citation for failure to comply, or both. E:\FR\FM\01MYR1.SGM 01MYR1

Agencies

[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Rules and Regulations]
[Pages 18939-18941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09230]


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DEPARTMENT OF HOMELAND SECURITY

Secret Service

31 CFR Part 408


Restricted Buildings and Grounds

AGENCY: U.S. Secret Service, Department of Homeland Security.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule repeals outdated U.S. Secret Service 
(``USSS'') regulations concerning the designation of and access to a 
temporary residence of the President or other USSS protectee. Due to 
amendments to the relevant statutory authority, the USSS regulations 
are no longer necessary. This final rule removes these outdated 
regulations, thereby bringing the CFR into alignment with the terms of 
the statutory authority and eliminating unnecessary provisions.

DATES: Effective Date: May 1, 2018.

FOR FURTHER INFORMATION CONTACT: Catherine Milhoan, USSS Office of 
Government and Public Affairs, (202) 406-5708.

SUPPLEMENTARY INFORMATION: 

Background

    As part of the Omnibus Crime Control Act of 1970, Congress enacted 
18 U.S.C. 1752 (Temporary residence of the President) (``Section 
1752''), making it unlawful to willfully and knowingly enter or remain 
in any building or grounds designated by the Secretary of the Treasury 
as a temporary residence of the President or the temporary offices of 
the President and his staff. Public Law 91-644, Title V, Sec. 18, 84 
Stat. 1891-92 (Jan. 2, 1971). Subsection (d) of Section 1752 further 
authorized the Secretary of the Treasury:
    (1) To designate by regulation the buildings and grounds which 
constitute the temporary residences of the President and the temporary 
offices of the President and his staff, and
    (2) to prescribe regulations governing ingress or egress to such 
buildings and grounds and to posted, cordoned off, or otherwise 
restricted areas where the President is or will be temporarily 
visiting.
    Department of Treasury regulations designating the temporary 
residence of the President and the temporary offices of the President 
and his staff and governing ingress and egress to those buildings and 
grounds are set forth in Chapter IV, part 408 of title 31 of the Code 
of Federal Regulations and consist of sections 408.1-408.3 (31 CFR 
408.1-408.3). Section 1752 has been amended several times since its 
enactment in 1971. For example, amendments in 1982 modified subsection 
(d) to include the authority to issue regulations concerning the 
residences of USSS protectees in addition to the President. But further 
modifications in 2006 have eliminated the need for implementing 
regulations and have removed provisions regarding the issuance of 
regulations.

Need for Correction

    In 2006, the Secret Service Authorization and Technical 
Modification Act of 2005, Public Law 109-177, Title VI, Sec. 602, 120 
Stat. 252 (Mar. 9, 2006), amended Section 1752 to eliminate any 
reference to regulations. Subsection (d), which

[[Page 18940]]

authorized the Secretary of the Treasury to issue regulations, was 
stricken. References to residences as ``designated'' were also 
eliminated throughout the text. Instead, the offense conduct was 
described as willfully and knowingly entering or remaining in any 
posted, cordoned off, or otherwise restricted area of a building or 
grounds where the President or other person protected by the USSS is or 
will be temporarily visiting or in any posted, cordoned off, or 
otherwise restricted area of a building or grounds so restricted in 
conjunction with an event designated as an event of national 
significance. With those amendments, the regulations found at 31 CFR 
part 408 became obsolete.
    While Section 1752 was amended again in 2012, the authorization to 
the promulgate regulations was not reintroduced, and the statute in its 
current form makes no reference to regulation. Those amendments, made 
in the Federal Restricted Buildings and Grounds Improvement Act of 
2011, Public Law 112-98, Sec. 2, 126 Stat. 263 (Mar. 8, 2012), reflect 
the most recent expression of Congressional intent. As in 2006, the 
2012 amendments to Section 1752 reflect that the offense conduct is 
fully described in the text of the statute itself. Rather than 
identifying restricted residences and offices through regulation, the 
2012 statutory amendments define those venues as any posted, cordoned 
off, or otherwise restricted of the White House or its grounds, the 
Vice President's official residence and its grounds, the building or 
grounds where a Secret Service protectee is or will be temporarily 
visiting, or a building or grounds that is restricted in conjunction 
with an event designated as a special event of national significance. 
There have been no amendments to Section 1752 since 2012.
    The regulations found in part 408 were not removed after the 
enactment of the Secret Service Authorization and Technical 
Modification Act of 2005 or the Federal Restricted Buildings and 
Grounds Improvement Act of 2011. The regulations have also not been 
updated since 1984, well before the statutory language was changed in 
2006 to eliminate all references to regulation. For instance, the 
regulations currently list the President's designated temporary 
residence in Santa Barbara County, California, as it was in the Reagan 
Administration.
    The existing regulations are now obsolete and retaining them 
maintains an inconsistency between the terms of the statute itself and 
the outdated regulations. As a result, USSS is repealing part 408 in 
its entirety. This change will align the provisions of the CFR with the 
express language of the statute and eliminate any potential confusion 
as to the offense conduct at issue in Section 1752.

Executive Orders 13563, 12866, and 13771

    Executive Orders 13563 and 12866 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs'') directs agencies to reduce regulation 
and control regulatory costs. This rule is not a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866. 
Accordingly, the Office of Management and Budget has not reviewed this 
regulation.
    DHS considers this final rule to be an Executive Order 13771 
deregulatory action. See OMB's Memorandum titled ``Guidance 
Implementing Executive Order 13771, Titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (April 5, 2017).
    This rule will serve to remove obsolete provisions and will 
eliminate any inconsistency between the offense conduct set forth in 
Section 1752 and the outdated regulatory provisions. This rule will not 
affect the current application of the terms of the statute. Instead, 
the rule will provide greater clarity for the public of its 
application. Therefore, this rule will not impose any costs on USSS or 
the public. DHS believes that removing the obsolete regulations will 
reduce confusion for the public and that streamlining the regulations 
will provide non-monetized efficiencies.

Inapplicability of Notice and Delayed Effective Date

    Pursuant to 5 U.S.C. 553(b)(B) of the Administrative Procedure Act 
(APA), an agency may, for good cause, find that notice and public 
comment procedure on a rule is impracticable, unnecessary, or contrary 
to the public interest. Part 408 of 31 CFR contains obsolete 
regulations, which are no longer required pursuant to statutory 
authority. Further, USSS believes that maintaining outdated regulations 
causes confusion for the public. Therefore, USSS has determined that it 
would be unnecessary and contrary to the public interest to delay 
publication of this rule in final form pending an opportunity for 
public comment.
    Under 5 U.S.C. 553(d)(3) of the APA, USSS has, for the same 
reasons, determined that there is good cause for this final rule to 
become effective immediately upon publication. USSS currently applies 
the terms of Section 1752 as they appear in the text of the statute as 
a matter of law. The repeal of obsolete regulations will serve to align 
the Code of Federal Regulations with the terms of the authorizing 
statute itself.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended 
by the Small Business Regulatory Enforcement and Fairness Act of 1996, 
requires agencies to assess the impact of regulations on small 
entities. A small entity may be a small business (defined as any 
independently owned and operated business not dominant in its field 
that qualifies as a small business per the Small Business Act); a small 
not-for-profit organization; or a small governmental jurisdiction 
(locality with fewer than 50,000 people). The Regulatory Flexibility 
Act applies only to rules subject to notice and comment rulemaking 
requirements under the APA or any other law (5 U.S.C. 553(a)(2)). 
Because this rule is not subject to such notice and comment rulemaking 
requirements, the provisions of the Regulatory Flexibility Act do not 
apply. However, as discussed above in the ``Executive Orders 13563, 
12866, and 13771'' section, this rule will impose no costs on the 
public, including small entities, because it merely eliminates outdated 
USSS regulations.

Signing Authority

    Prior to March 1, 2003, USSS was a component of the Department of 
the Treasury. On November 25, 2002, the President signed the Homeland 
Security Act of 2002, 6 U.S.C. 101 et seq., Public Law 107-296, (the 
``HSA''), establishing the Department of Homeland Security (``DHS''). 
Pursuant to section 821 of the HSA, the USSS was transferred from 
Treasury to DHS effective March 1, 2003. Accordingly, this final rule 
to repeal Treasury regulations impacting USSS functions may be signed 
by the Secretary of Homeland Security.

List of Subjects in 31 CFR Part 408

    Federal buildings and facilities, Security measures.

[[Page 18941]]

PART 408--[REMOVED AND RESERVED]

0
Under 18 U.S.C. 1752 and for the reasons discussed in the preamble, 
amend 31 CFR chapter IV by removing and reserving part 408.

Claire M. Grady,
Acting Deputy Secretary.
[FR Doc. 2018-09230 Filed 4-30-18; 8:45 am]
BILLING CODE 9110-18-P