2026-02501: Protection of Federal Property; Technical Amendment

Federal Register, Volume 91 Issue 26 (Monday, February 9, 2026) [Federal Register Volume 91, Number 26 (Monday, February 9, 2026)] [Rules and Regulations] [Page 5665] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-02501] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 91, No. 26 / Monday, February 9, 2026 / Rules and Regulations [[Page 5665]] DEPARTMENT OF HOMELAND SECURITY 6 CFR Part 139 RIN 1601-AB17 Protection of Federal Property; Technical Amendment

Agency

Department of Homeland Security (DHS).

Action

Final rule; technical amendment. -----------------------------------------------------------------------

Summary

On June 9, 2025, DHS adopted regulations governing the protection of Federal property. These regulations contained cross references to old General Services Administration (GSA) regulations that have since been rescinded. This rule corrects the DHS regulations by removing these rescinded GSA cross-references. Additionally, this rule revises the language of the section regarding photography to clarify the prohibitions on photography and recording.

Dates

This rule is effective as of February 9, 2026.

For Further Information Contact

Mr. David Hess, Deputy Director, FPS Policy, Communications and Engagement, 202-447-0800, [email protected].

Supplementary Information

On June 9, 2025, the Department of Homeland Security (DHS), published a final rule that adopted regulations governing the protection of Federal property in new part 139 to chapter 1 of title 6 of the Code of Federal Regulations (CFR). 90 FR 24217. Many of the provisions promulgated by the final rule were derived from analogous old GSA regulations contained in chapter 102, part 102-74, subpart C, of title 41 of the CFR and, thus, contained cross references to part 102-74. On December 16, 2025, GSA published a final rule that removed subpart D of part 102-74 of title 41 of the CFR. 90 FR 58408, 58409 (Dec. 16, 2025). The cross references to subpart D of part 102-74 contained in Federal Protective Service (FPS) regulations thus are now obsolete. Accordingly, DHS is issuing this final rule to remove these cross-references. Specifically, this final rule removes cross references to part 102-74 found in Sec. Sec. 139.55, 139.60, and 139.70. Finally, DHS is revising Sec. 139.65 for overall readability and to clarify the rules regarding photography and recording of Federal facilities and grounds. Specifically, DHS is revising paragraph (a) to make clear that the existing language referencing ``rule'' or ``order'' includes any Federal court order or rule, as originally intended though not expressly stated. Additionally, DHS is also reconciling the language in paragraph (b) to make clear that the general rule in paragraph (a) applies (i.e., the exceptions contained in paragraph (b) only apply when there is no applicable security regulation, rule, order, or directive, including any Federal court order or rule prohibiting photography or recording). These changes serve to maintain the original intent of this section and mirror the prior GSA regulations which these new regulations were founded upon. See Protection of Federal Property, 90 FR 4398, 4412 (``This [photography and recording] section would mirror, though not replicate a similar provision in the GSA regulations . . . The proposed substantive language would provide better clarity and notice to the public of the precise nature of prohibited and permitted recording conduct[.]''). List of Subjects in 6 CFR Part 139 Aircraft, Alcohol and alcoholic beverages, Animals, Buildings and facilities, Civil disorders, Crime, Explosives, Federal buildings and facilities, Firearms, Gambling, Government employees, Government property, Government property management, Homeland Security, Law enforcement, Law enforcement officers, Penalties, Public buildings, Safety, Security measures, Terrorism, Tobacco, Unmanned aircraft. For the reasons set forth in the preamble, DHS amends 6 CFR part 139 as set forth below: PART 139--CONDUCT ON FEDERAL PROPERTY 0