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					                                                                                          Monday,
                                                                                          December 13, 2004




                                                                                          Part XII

                                                                                          Department of
                                                                                          Justice
                                                                                          Semiannual Regulatory Agenda




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     73404                Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda


     DEPARTMENT OF JUSTICE (DOJ)



     DEPARTMENT OF JUSTICE                                                 Office of Legal Policy, Department of                                       succeeding 12 months. This edition of
                                                                           Justice, Room 4252, 950 Pennsylvania                                        the Department’s regulatory agenda
     8 CFR Ch. V                                                           Avenue NW., Washington, DC 20530,                                           includes three regulations requiring
                                                                           (202) 514-8059.                                                             such a review: ‘‘Commerce in
     21 CFR Ch. I                                                                                                                                      Explosives (Including Explosives in the
                                                                           SUPPLEMENTARY INFORMATION:       For this
                                                                           edition of the Department of Justice’s                                      Fireworks Industry)’’ (RIN 1140-AA01);
     27 CFR Ch. II
                                                                           regulatory agenda, the most important                                       ‘‘Nondiscrimination on the Basis of
     28 CFR Ch. I, V                                                       significant regulatory actions are                                          Disability in Public Accommodations
                                                                           included in The Regulatory Plan, which                                      and Commercial Facilities’’ (RIN 1190-
     Regulatory Agenda                                                     appears in part II of this issue of the                                     AA44); and ‘‘Nondiscrimination on the
                                                                           Federal Register. The Regulatory Plan                                       Basis of Disability in State and Local
     AGENCY: Department of Justice.
                                                                           entries are listed in the table of contents                                 Government Services’’ (RIN 1190-
     ACTION: Semiannual regulatory agenda.                                 below and are denoted by a bracketed                                        AA46). In accordance with the RFA,
                                                                           bold reference, which directs the reader                                    comments are specifically invited on
     SUMMARY: The Department of Justice is                                 to the appropriate sequence number in                                       these regulations. Those comments
     publishing its fall 2004 regulatory                                   part II.                                                                    should be addressed to the contact
     agenda pursuant to Executive Order                                      The Regulatory Flexibility Act (RFA)                                      persons listed in the entries for these
     12866 ‘‘Regulatory Planning and                                       requires that, each year, the Department                                    items.
     Review,’’ 58 FR 51735, and the                                        publish a list of those regulations that
     Regulatory Flexibility Act, 5 U.S.C.                                  have a significant economic impact                                          Dated: October 6, 2004.
     sections 601-612 (1988).                                              upon a substantial number of small                                          Daniel J. Bryant,
     FOR FURTHER INFORMATION CONTACT:                                      entities and are to be reviewed under                                       Assistant Attorney General, Office of Legal
     Robert Hinchman, Senior Counsel,                                      section 610 of the Act during the                                           Policy.

                                                                      Bureau of Prisons—Proposed Rule Stage
                                                                                                                                                                                                          Regulation
      Sequence                                                                                            Title                                                                                            Identifier
       Number                                                                                                                                                                                               Number

         1847         Inmate Discipline—Subpart Revision ............................................................................................................................                     1120–AB18
         1848         Victim/Witness Notification ............................................................................................................................................            1120–AB25
         1849         Autopsies .......................................................................................................................................................................   1120–AB26
         1850         Searching and Detaining or Arresting Non-Inmates .....................................................................................................                              1120–AB28
         1851         Incoming Publications: Security Measures ...................................................................................................................                        1120–AB31
         1852         Classification and Program Review ..............................................................................................................................                    1120–AB32


                                                                           Bureau of Prisons—Final Rule Stage
                                                                                                                                                                                                          Regulation
      Sequence                                                                                            Title                                                                                            Identifier
       Number                                                                                                                                                                                               Number

         1853         Intensive Confinement Centers .....................................................................................................................................                 1120–AA11
         1854         Literacy Program ...........................................................................................................................................................        1120–AA33
         1855         Telephone Regulations and Inmate Financial Responsibility .......................................................................................                                   1120–AA39
         1856         Telephone Regulations and Inmate Financial Responsibility .......................................................................................                                   1120–AA49
         1857         Good Conduct Time ......................................................................................................................................................            1120–AA62
         1858         Designation of Offenses Subject to Sex Offender Release Notification .......................................................................                                        1120–AA85
         1859         Drug Abuse Treatment Programs: Disincentives and Enhanced Incentives ................................................................                                               1120–AA88
         1860         Searches of Housing Units, Inmates, Inmate Work Areas, and Persons Other Than Inmates: Electronic Devices ...                                                                       1120–AA90
         1861         Drug Testing Program ...................................................................................................................................................            1120–AA95
         1862         Release of Information ..................................................................................................................................................           1120–AA96
         1863         Correspondence: Inspection of Outgoing General Correspondence ............................................................................                                          1120–AA98
         1864         Infectious Disease Management ...................................................................................................................................                   1120–AB03
         1865         District of Columbia Educational Good Time Credit .....................................................................................................                             1120–AB05
         1866         Suicide Prevention Program .........................................................................................................................................                1120–AB06
         1867         Drug Abuse Treatment Program: Subpart Revision and Clarification ..........................................................................                                         1120–AB07
         1868         National Security; Prevention of Acts of Violence and Terrorism .................................................................................                                   1120–AB08
         1869         Inmate Fees for Health Care Services .........................................................................................................................                      1120–AB11
         1870         Good Conduct Time: Aliens With Confirmed Orders of Deportation, Exclusion, or Removal .....................................                                                         1120–AB12
         1871         Civil Contempt of Court Commitments: Revision To Accommodate Commitments Under the DC Code ...................                                                                      1120–AB13
         1872         Central Inmate Monitoring (CIM) System: Streamlining Rules .....................................................................................                                    1120–AB14
         1873         Bureau of Prisons Emergencies ...................................................................................................................................                   1120–AB17



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                          Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                                                                     73405

     DOJ



                                                                Bureau of Prisons—Final Rule Stage (Continued)
                                                                                                                                                                                                            Regulation
      Sequence                                                                                             Title                                                                                             Identifier
       Number                                                                                                                                                                                                 Number

         1874         Administrative Safeguards for Psychiatric Treatment and Medication .........................................................................                                          1120–AB20
         1875         Clarifying of Release Gratuities—Release Transportation Regulations To More Closely Conform to Statutory Pro-
                       visions ..........................................................................................................................................................................   1120–AB21
         1876         Community Confinement ...............................................................................................................................................                 1120–AB27
         1877         Over-the-Counter Medications: Technical Correction ...................................................................................................                                1120–AB29


                                                                          Bureau of Prisons—Completed Actions
                                                                                                                                                                                                            Regulation
      Sequence                                                                                             Title                                                                                             Identifier
       Number                                                                                                                                                                                                 Number

         1878         Inmate Commissary Account Deposit Procedures .......................................................................................................                                  1120–AA86
         1879         Comments on UNICOR Business Operations: Clarification of Addresses ...................................................................                                                1120–AB15
         1880         Admission and Orientation Program: Removal From Rules .........................................................................................                                       1120–AB16
         1881         Progress Reports Rules Revision .................................................................................................................................                     1120–AB24


                                                                             Civil Rights Division—Prerule Stage
                                                                                                                                                                                                            Regulation
      Sequence                                                                                             Title                                                                                             Identifier
       Number                                                                                                                                                                                                 Number

         1882         Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities (Section 610
                       Review) (Reg Plan Seq No. 86) ................................................................................................................................                       1190–AA44
         1883         Nondiscrimination on the Basis of Disability in State and Local Government Services (Section 610 Review) (Reg
                       Plan Seq No. 87) ........................................................................................................................................................            1190–AA46
        References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.

                                                                     Civil Rights Division—Proposed Rule Stage
                                                                                                                                                                                                            Regulation
      Sequence                                                                                             Title                                                                                             Identifier
       Number                                                                                                                                                                                                 Number

         1884         American Competitiveness and Workforce Improvement Act of 1998 Complaint Process .........................................                                                            1190–AA48
         1885         Amendments to Procedures Advising States and Political Subdivisions Specially Covered Under the Voting Rights
                       Act How To Seek Preclearance From the Attorney General of Proposed Voting Changes ......................................                                                             1190–AA51
         1886         Amendments to Coordination of Enforcement of Nondiscrimination in Federally Assisted Programs and Implemen-
                       tation of Executive Order 12250 ..................................................................................................................................                   1190–AA52
         1887         Procedures To Review Police Departments for a Pattern or Practice of Conduct That Deprives Persons of Rights,
                       Privileges, or Immunities Secured or Protected by the Constitution or Laws of the U.S. ..........................................                                                    1190–AA53


                                                                        Civil Rights Division—Completed Actions
                                                                                                                                                                                                            Regulation
      Sequence                                                                                             Title                                                                                             Identifier
       Number                                                                                                                                                                                                 Number

         1888         Nondiscrimination on the Basis of Disability in State and Local Government Services; Public Accommodations and
                       Commercial Facilities; Accessibility Standards; Recreation Facilities .........................................................................                                      1190–AA47
         1889         Nondiscrimination on the Basis of Disability in State or Local Government Facilities; Public Accommodations and
                       Commercial Facilities; Accessibility Standards; Play Areas ........................................................................................                                  1190–AA50




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     73406                Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     DOJ



                                  Bureau of Alcohol, Tobacco, Firearms, and Explosives—Proposed Rule Stage
                                                                                                                                                                                          Regulation
      Sequence                                                                                    Title                                                                                    Identifier
       Number                                                                                                                                                                               Number

         1890         Commerce in Firearms and Ammunition—Importation of Firearm Frames, Receivers, and Barrels ...........................                                               1140–AA22
         1891         Machine Guns, Destructive Devices, and Certain Other Firearms—Amended Definition of ‘‘Pistol’’ ..........................                                           1140–AA23
         1892         Commerce in Explosives—Amended Definition of Propellant Actuated Device ..........................................................                                  1140–AA24


                                      Bureau of Alcohol, Tobacco, Firearms, and Explosives—Final Rule Stage
                                                                                                                                                                                          Regulation
      Sequence                                                                                    Title                                                                                    Identifier
       Number                                                                                                                                                                               Number

         1893         27 CFR Part 55 Identification Markings Placed on Imported Explosive Materials .......................................................                               1140–AA02
         1894         27 CFR 55 Commerce in Explosives—Explosive Pest Control Devices ......................................................................                              1140–AA03
         1895         27 CFR 178 Commerce in Firearms and Ammunition (Omnibus Consolidated Appropriations Act of 1997) .............                                                      1140–AA04


                                    Bureau of Alcohol, Tobacco, Firearms, and Explosives—Long-Term Actions
                                                                                                                                                                                          Regulation
      Sequence                                                                                    Title                                                                                    Identifier
       Number                                                                                                                                                                               Number

         1896         Implementation of the Safe Explosives Act, Title XI, Subtitle C, of Public Law 107-296 ............................................                                 1140–AA00
         1897         27 CFR 55 Commerce in Explosives (Including Explosives in the Fireworks Industry) (Rulemaking Resulting
                       From a Section 610 Review) .....................................................................................................................................   1140–AA01
         1898         27 CFR 178 Residency Requirement for Persons Acquiring Firearms ........................................................................                            1140–AA05
         1899         27 CFR 55 Implementation of Public Law 104-208, the Omnibus Consolidated Appropriations Act of 1997, Relat-
                       ing to the Establishment of a National Repository for Arson and Explosives Information .........................................                                   1140–AA06
         1900         27 CFR 178 Implementation of Public Law 106-58, Treasury and General Government Appropriations Act, 2000 ..                                                         1140–AA07
         1901         27 CFR 178 Public Law 105-277, Making Omnibus Consolidated and Emergency Supplemental Appropriations for
                       FY ‘99 Relating to Firearms Disabilities for Nonimmigrant Aliens ..............................................................................                    1140–AA08
         1902         27 CFR 178 Implementation of Public Law 105-277 Relating to Secure Gun Storage ...............................................                                      1140–AA10
         1903         Implementation of the Safe Explosives Act, Title XI, Subtitle C, of Public Law 107-296—Delivery of Explosive Ma-
                       terials by Common or Contract Carrier .......................................................................................................................      1140–AA20
         1904         Waiver for Firearm Prohibition on Nonimmigrant Visa Holders ....................................................................................                    1140–AA21


                                                     Drug Enforcement Administration—Proposed Rule Stage
                                                                                                                                                                                          Regulation
      Sequence                                                                                    Title                                                                                    Identifier
       Number                                                                                                                                                                               Number

         1905         Guidelines for Providing Controlled Substances to Ocean Vessels .............................................................................                       1117–AA40
         1906         Electronic Prescriptions for Controlled Substances ......................................................................................................           1117–AA61
         1907         Reorganization and Clarification of DEA Regulations ..................................................................................................              1117–AA63
         1908         Chemical Mixtures Containing Gamma-Butyrolactone .................................................................................................                  1117–AA64
         1909         Chemical Mixtures Containing Listed Forms of Phosphorus ........................................................................................                    1117–AA66
         1910         Chemical Registration and Reregistration Fees ...........................................................................................................           1117–AA72
         1911         Clarification of Registration Requirements for Individual Practitioners .........................................................................                   1117–AA89
         1912         Control of Sodium Permanganate as a List II Chemical ..............................................................................................                 1117–AA90
         1913         Electronic Application for Controlled Substances and Listed Chemical Registration: Technical Amendments ...........                                                 1117–AA91
         1914         Revision of Reporting Requirements for Imports and Exports of List I and List II Chemicals .....................................                                    1117–AA92
         1915         Changes in the Regulation of Iodine and Its Chemical Mixtures .................................................................................                     1117–AA93


                                                         Drug Enforcement Administration—Final Rule Stage
                                                                                                                                                                                          Regulation
      Sequence                                                                                    Title                                                                                    Identifier
       Number                                                                                                                                                                               Number

         1916         Definition and Registration of Reverse Distributors ......................................................................................................          1117–AA19



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                          Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                                                                    73407

     DOJ



                                                 Drug Enforcement Administration—Final Rule Stage (Continued)
                                                                                                                                                                                                           Regulation
      Sequence                                                                                            Title                                                                                             Identifier
       Number                                                                                                                                                                                                Number

         1917         Exemption of Chemical Mixtures ...................................................................................................................................                   1117–AA31
         1918         Chemical Registration and Reregistration Fees ...........................................................................................................                            1117–AA50
         1919         Electronic Orders for Schedule I and II Controlled Substances ...................................................................................                                    1117–AA60
         1920         Security Requirements for Handlers of Pseudoephedrine, Ephedrine, and Phenylpropanolamine .............................                                                              1117–AA62
         1921         Chemical Registration Waivers; Exemption From Chemical Registration Fees for Certain Persons ..........................                                                              1117–AA67
         1922         Authority for Practitioners To Dispense or Prescribe Approved Narcotic Substances for Maintenance or Detoxifica-
                       tion Treatment ..............................................................................................................................................................       1117–AA68
         1923         Recordkeeping and Reporting Requirements for Drug Products Containing Gamma Hydroxybutyric Acid (GHB) ....                                                                           1117–AA71
         1924         Reports by Registrants of Theft or Significant Loss of Controlled Substances ...........................................................                                             1117–AA73
         1925         Preventing the Accumulation of Surplus Controlled Substances at Long-Term Care Facilities ..................................                                                         1117–AA75


                                                           Drug Enforcement Administration—Completed Actions
                                                                                                                                                                                                           Regulation
      Sequence                                                                                            Title                                                                                             Identifier
       Number                                                                                                                                                                                                Number

         1926         Exemption From Import/Export Requirements for Personal Medical Use ....................................................................                                              1117–AA56


                                                 Executive Office for Immigration Review—Proposed Rule Stage
                                                                                                                                                                                                           Regulation
      Sequence                                                                                            Title                                                                                             Identifier
       Number                                                                                                                                                                                                Number

         1927         Suspension of Deportation and Cancellation of Removal for Certain Battered Spouses and Children; Motions To
                       Reopen for Certain Battered Spouses and Children ...................................................................................................                                1125–AA35
         1928         Background and Security Investigation Checks in Proceedings Before Immigration Judges and the Board of Immi-
                       gration Appeals ............................................................................................................................................................        1125–AA44
         1929         International Matchmaking Organizations; Civil Penalties ............................................................................................                                1125–AA45
         1930         Implementation of the Numerical Limit on Asylum Grants and Refugee Admission Based on Resistance to Coer-
                       cive Population Control Measures ...............................................................................................................................                    1125–AA48
         1931         Executive Office for Immigration Review; Rules Governing Immigration Proceedings ................................................                                                    1125–AA53


                                                      Executive Office for Immigration Review—Final Rule Stage
                                                                                                                                                                                                           Regulation
      Sequence                                                                                            Title                                                                                             Identifier
       Number                                                                                                                                                                                                Number

         1932         Suspension of Deportation and Cancellation of Removal ............................................................................................                                   1125–AA25
         1933         Authorities Delegated to the Director of the Executive Office for Immigration Review and the Chief Immigration
                       Judge ...........................................................................................................................................................................   1125–AA27
         1934         Protective Orders in Immigration Administration Proceedings .....................................................................................                                    1125–AA38
         1935         Executive Office for Immigration Review Attorney/Representative Registry ................................................................                                            1125–AA39
         1936         Transfer of Jurisdiction Over Appeals of Fines From the Board of Immigration Appeals to the Office of the Chief
                       Administrative Hearing Officer .....................................................................................................................................                1125–AA41
         1937         Definitions; Fees; Powers and Authority of DHS Officers in Removal Proceedings ....................................................                                                  1125–AA43
         1938         Asylum Claims Made by Aliens Arriving From Canada at Land-Border Ports-of-Entry ...............................................                                                      1125–AA46
         1939         Review of Custody Determinations ...............................................................................................................................                     1125–AA47
         1940         Reopened Proceedings on Petitions for Alien Entrepreneur Immigrant Classification (EB-5 Visas) ...........................                                                           1125–AA49
         1941         Execution of Removal Orders; Countries to Which Aliens May Be Removed .............................................................                                                  1125–AA50
         1942         Information Relating to Aliens’ Duty To Surrender When Ordered Removed From the United States .......................                                                                1125–AA51
         1943         Venue in Removal Proceedings ....................................................................................................................................                    1125–AA52




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     73408                Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     DOJ



                                                  Executive Office for Immigration Review—Long-Term Actions
                                                                                                                                                                                                  Regulation
      Sequence                                                                                        Title                                                                                        Identifier
       Number                                                                                                                                                                                       Number

         1944         Authority of Immigration Judges To Issue Civil Money Penalties ................................................................................                             1125–AA18
         1945         Motions To Reopen for Suspension of Deportation and Special Rule Cancellation of Removal Pursuant to Section
                       1505(c) of the LIFE Act Amendments .........................................................................................................................               1125–AA31


                                                  Executive Office for Immigration Review—Completed Actions
                                                                                                                                                                                                  Regulation
      Sequence                                                                                        Title                                                                                        Identifier
       Number                                                                                                                                                                                       Number

         1946         Section 212(c) Relief for Aliens With Certain Criminal Convictions Before April 1, 1997 ............................................                                        1125–AA33


                                                        Federal Bureau of Investigation—Proposed Rule Stage
                                                                                                                                                                                                  Regulation
      Sequence                                                                                        Title                                                                                        Identifier
       Number                                                                                                                                                                                       Number

         1947         Enhanced Exchange of Criminal History Record and Nonserious Offense Identification Records .............................                                                    1110–AA20


                                                            Federal Bureau of Investigation—Final Rule Stage
                                                                                                                                                                                                  Regulation
      Sequence                                                                                        Title                                                                                        Identifier
       Number                                                                                                                                                                                       Number

         1948         Implementation of the National Stolen Passenger Motor Vehicle Information System (NSPMVIS) ............................                                                     1110–AA01
         1949         Regulations Under the Pam Lychner Sexual Offender Tracking and Identification Act ...............................................                                           1110–AA04
         1950         Final Notice of Capacity; Supplement To Respond to Remand ...................................................................................                               1110–AA10
         1951         Communications Assistance for Law Enforcement Act: Definitions of ‘‘Replaced’’ and ‘‘Significantly Upgraded or
                       Otherwise Undergone Major Modification’’ ..................................................................................................................                1110–AA21
         1952         Implementation of Sections 104 and 109 of the Communications Assistance for Law Enforcement Act—Notice of
                       Actual and Maximum Capacity: Paging, MSS, SMR, and ESMR ...............................................................................                                    1110–AA22


                                                          Federal Bureau of Investigation—Completed Actions
                                                                                                                                                                                                  Regulation
      Sequence                                                                                        Title                                                                                        Identifier
       Number                                                                                                                                                                                       Number

         1953         National Instant Criminal Background Check System ..................................................................................................                        1110–AA07


                                                                       Legal Activities—Proposed Rule Stage
                                                                                                                                                                                                  Regulation
      Sequence                                                                                        Title                                                                                        Identifier
       Number                                                                                                                                                                                       Number

         1954         Reporting Under the Protection of Children From Sexual Predators Act as Amended ...............................................                                             1105–AB06


                                                                           Legal Activities—Final Rule Stage
                                                                                                                                                                                                  Regulation
      Sequence                                                                                        Title                                                                                        Identifier
       Number                                                                                                                                                                                       Number

         1955         Designation of Agencies To Receive and Investigate Reports Required Under the Protection of Children From
                       Sexual Predators Act ...................................................................................................................................................   1105–AA65
         1956         Ethical Standards for Attorneys for the Government ....................................................................................................                     1105–AA67



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                          Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                                                                     73409

     DOJ



                                                                   Legal Activities—Final Rule Stage (Continued)
                                                                                                                                                                                                            Regulation
      Sequence                                                                                             Title                                                                                             Identifier
       Number                                                                                                                                                                                                 Number

         1957         Minimum Qualifications for Annuity Brokers in Connection With Structured Settlements Entered Into by the United
                       States ...........................................................................................................................................................................   1105–AA82
         1958         Inspection of Records Relating to Depiction of Sexually Explicit Performances ..........................................................                                              1105–AB05
         1959         STOP Violence Against Women Formula Grant Program and STOP Violence Against Indian Women Discretionary
                       Grant Program: Clarification of Match Requirement ...................................................................................................                                1105–AB07


                                                                            Legal Activities—Long-Term Actions
                                                                                                                                                                                                            Regulation
      Sequence                                                                                             Title                                                                                             Identifier
       Number                                                                                                                                                                                                 Number

         1960         National Motor Vehicle Title Information System (NMVTIS) Reporting Regulations ....................................................                                                   1105–AA71
         1961         Enhanced Notice and Release Procedures for Owners of Seized Property Pursuant to the CAFRA of 2000; Dis-
                       position of Seized Property too Costly To Maintain; Consolidation of Department Regulations ................................                                                         1105–AA74


                                                               Office of Justice Programs—Proposed Rule Stage
                                                                                                                                                                                                            Regulation
      Sequence                                                                                             Title                                                                                             Identifier
       Number                                                                                                                                                                                                 Number

         1962         Public Safety Officers’ Benefits Program ......................................................................................................................                       1121–AA56
         1963         Criminal Intelligence Systems Operating Policies .........................................................................................................                            1121–AA59
         1964         International Terrorism Victim Expense Reimbursement Program ...............................................................................                                          1121–AA63
         1965         Victims of Crime Act (VOCA) Crime Victim Compensation Program Regulations .......................................................                                                     1121–AA68
         1966         Victim of Crime Act (VOCA) Victim Assistance Program .............................................................................................                                    1121–AA69


                                                                   Office of Justice Programs—Final Rule Stage
                                                                                                                                                                                                            Regulation
      Sequence                                                                                             Title                                                                                             Identifier
       Number                                                                                                                                                                                                 Number

         1967         Correctional Facilities on Tribal Lands Grant Program .................................................................................................                               1121–AA41
         1968         Bulletproof Vest Partnership Grant Acts of 1998 and 2000 .........................................................................................                                    1121–AA48
         1969         Environmental Impact Review Procedures for the VOI/TIS Grant Program ................................................................                                                 1121–AA52
         1970         Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-
                       Free Workplace (Grants) .............................................................................................................................................                1121–AA57


                                                                 Office of Justice Programs—Completed Actions
                                                                                                                                                                                                            Regulation
      Sequence                                                                                             Title                                                                                             Identifier
       Number                                                                                                                                                                                                 Number

         1971         STOP Violence Against Women Formula Grant Program and STOP Violence Against Indian Women Discretionary
                       Grant Program: Clarification of Match Requirement ...................................................................................................                                1121–AA67




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     73410               Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     Department of Justice (DOJ)                                                                                                     Proposed Rule Stage
     Bureau of Prisons (BOP)

     1847. INMATE DISCIPLINE—SUBPART                         Timetable:                                            CFR Citation: None
     REVISION                                                Action                       Date        FR Cite      Legal Deadline: None
     Priority: Substantive, Nonsignificant                                                                         Abstract: In this document, the Bureau
                                                             NPRM                     12/00/04
     Legal Authority: 5 USC 301; 18 USC                                                                            of Prisons (Bureau) proposes to amend
                                                             Regulatory Flexibility Analysis
     3621 to 3622, 4001, 4042, 4081 to 4082;                                                                       its regulations on searching and
                                                             Required: No
     18 USC 4161 to 4166, 5006 to 5024,                                                                            detaining or arresting non-inmates. This
     5039; 28 USC 509 to 510                                 Small Entities Affected: No                           revision reorganizes current rules and
     CFR Citation: 28 CFR 541                                Government Levels Affected: None                      makes other changes for clarity. We
                                                                                                                   also make changes that would subject
     Legal Deadline: None                                    Agency Contact: Sarah N. Qureshi,
                                                                                                                   non-inmates to random pat searches as
     Abstract: In this document, the Bureau                  Rules Administrator, Department of
                                                                                                                   a condition of entry to a Bureau
     of Prisons (Bureau) proposes to amend                   Justice, Bureau of Prisons, 320 First
                                                                                                                   facility.
     its Inmate Discipline and Special                       Street NW, HOLC Building,
     Housing Unit (SHU) regulations. We                      Washington, DC 20534                                  Timetable:
     intend this amendment to streamline                     Phone: 202 307–2105                                   Action                    Date        FR Cite
     and clarify these regulations,                          Fax: 202 305–4577
                                                             Email: squreshi@bop.gov                               NPRM                    02/00/05
     eliminating unnecessary text and
     obsolete language and removing                          RIN: 1120–AB25                                        Regulatory Flexibility Analysis
     internal agency procedures (guidance to                                                                       Required: No
     staff on how to implement disciplinary                                                                        Small Entities Affected: No
     processes) that need not be in rules                    1849. AUTOPSIES
                                                                                                                   Government Levels Affected: None
     text. The changes involve extensive                     Priority: Substantive, Nonsignificant.
     reorganization and updates to obsolete                  Major status under 5 USC 801 is                       Agency Contact: Sarah N. Qureshi,
     and unnecessary disciplinary codes and                  undetermined.                                         Rules Administrator, Department of
     processes.                                                                                                    Justice, Bureau of Prisons, 320 First
                                                             Legal Authority: 5 USC 301; 18 USC
     Timetable:                                                                                                    Street NW, HOLC Building,
                                                             3621, 3622, 3624, 4001, 4005, 4042,
                                                                                                                   Washington, DC 20534
     Action                     Date          FR Cite        4045, 4081, 4082 (Repealed in part as
                                                                                                                   Phone: 202 307–2105
                                                             to offenses committed on or after
     NPRM                     01/00/05                                                                             Fax: 202 305–4577
                                                             November 1, 1987), 4241 to 4247, 5006
                                                                                                                   Email: squreshi@bop.gov
     Regulatory Flexibility Analysis                         to 5024 (Repealed October 12, 1984)
     Required: No                                                                                                  RIN: 1120–AB28
                                                             CFR Citation: 28 CFR 549.80
     Small Entities Affected: No                             Legal Deadline: None
     Government Levels Affected: None                                                                              1851. ∑ INCOMING PUBLICATIONS:
                                                             Abstract: In this document, the Bureau                SECURITY MEASURES
     Agency Contact: Sarah N. Qureshi,                       of Prisons (Bureau) streamlines the rule
     Rules Administrator, Department of                      on autopsies by removing internal                     Priority: Other Significant
     Justice, Bureau of Prisons, 320 First                   agency management procedures that                     Legal Authority: 5 USC 301, 551, 552a;
     Street NW, HOLC Building,                               need not be stated in regulation.                     18 USC 1791, 3621, 3622, 3624, 4001,
     Washington, DC 20534                                                                                          4042, 4081, 4082 (Repealed in part as
                                                             Timetable:
     Phone: 202 307–2105                                                                                           to offenses committed on or after
     Fax: 202 305–4577                                       Action                       Date        FR Cite      November 1, 1987); 18 USC 5006 to
     Email: squreshi@bop.gov                                 NPRM                     12/00/04                     5024 (Repealed October 12, 1984, as to
     RIN: 1120–AB18                                          Regulatory Flexibility Analysis                       offenses committed after that date.); 28
                                                             Required: No                                          USC 509, 510, 530C(b)(6)
     1848. VICTIM/WITNESS NOTIFICATION                       Small Entities Affected: No                           CFR Citation: 28 CFR 540
     Priority: Substantive, Nonsignificant.                  Government Levels Affected: None                      Legal Deadline: None
     Major status under 5 USC 801 is                                                                               Abstract: In this document, the Bureau
     undetermined.                                           Agency Contact: Sarah N. Qureshi,
                                                             Rules Administrator, Department of                    of Prisons (Bureau) revises its
     Legal Authority: Not Yet Determined                     Justice, Bureau of Prisons, 320 First                 regulations on incoming publications.
     CFR Citation: None                                      Street NW, HOLC Building,                             This proposed rule streamlines and
                                                             Washington, DC 20534                                  reorganizes the regulations. The
     Legal Deadline: None                                                                                          amendment provides that inmates in all
                                                             Phone: 202 307–2105
     Abstract: In this document, the Bureau                  Fax: 202 305–4577                                     Bureau institutions may receive
     of Prisons (Bureau) revises its rules on                Email: squreshi@bop.gov                               publications, whether hardcover or
     Victim/Witness Notifications to more                                                                          softcover, only from a publisher, book
     accurately reflect updated and                          RIN: 1120–AB26                                        club, or bookstore. This amendment is
     streamlined program processes and to                                                                          necessary to reduce the amount of
     clarify existing provisions by using                    1850. SEARCHING AND DETAINING                         contraband introduced into Federal
     simpler organization and language. For                  OR ARRESTING NON–INMATES                              prisons through materials sent by mail.
     further simplification, we remove                                                                             The presence of contraband in the
     language relating solely to internal                    Priority: Other Significant                           prisons, including drugs, weapons, and
     agency practices and procedures.                        Legal Authority: Not Yet Determined                   escape-related materials poses grave


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                         Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                  73411

     DOJ—BOP                                                                                                                        Proposed Rule Stage


     dangers to staff, inmates and the public.               Small Entities Affected: No                           program review to remove unnecessary
     We considered alternate solutions to                    Government Levels Affected: None                      regulations and to ensure that
     the problem of intercepting contraband,                                                                       classification and program review
     such as the use of technological                        Agency Contact: Sarah N. Qureshi,                     procedures adequately address inmate
     security devices or increased staffing,                 Rules Administrator, Department of                    needs.
     but determined that these options were                  Justice, Bureau of Prisons, 320 First
                                                             Street NW, HOLC Building,                             Timetable:
     impracticable. This revision also adds
     advertising mail (advertising brochures,                Washington, DC 20534                                  Action                    Date        FR Cite
     flyers, catalogs, and similar materials                 Phone: 202 307–2105
                                                                                                                   NPRM                    02/00/05
     whose primary purpose is to sell a                      Fax: 202 305–4577
                                                                                                                   NPRM Comment            04/00/05
     product or service) as a reason for                     Email: squreshi@bop.gov
                                                                                                                    Period End
     rejection of an incoming publication.                   RIN: 1120–AB31
     Advertising brochures, flyers, catalogs,                                                                      Regulatory Flexibility Analysis
     and similar materials whose primary                                                                           Required: No
     purpose is to sell a product(s) or                      1852. ∑ CLASSIFICATION AND
                                                                                                                   Small Entities Affected: No
     service(s) will not be delivered to the                 PROGRAM REVIEW
     inmate and will be destroyed without                    Priority: Substantive, Nonsignificant.                Government Levels Affected: None
     further notice to the inmate or sender.                 Major status under 5 USC 801 is                       Agency Contact: Sarah N. Qureshi,
     Timetable:                                              undetermined.                                         Rules Administrator, Department of
                                                             Legal Authority: Not Yet Determined                   Justice, Bureau of Prisons, 320 First
     Action                     Date          FR Cite                                                              Street NW, HOLC Building,
                                                             CFR Citation: 28 CFR 524                              Washington, DC 20534
     NPRM                     02/00/05
     NPRM Comment             04/00/05                       Legal Deadline: None                                  Phone: 202 307–2105
      Period End                                                                                                   Fax: 202 305–4577
                                                             Abstract: In this document, the Bureau
                                                                                                                   Email: squreshi@bop.gov
     Regulatory Flexibility Analysis                         of Prisons (Bureau) proposes to revise
     Required: No                                            its regulations on classification and                 RIN: 1120–AB32


     Department of Justice (DOJ)                                                                                                            Final Rule Stage
     Bureau of Prisons (BOP)

     1853. INTENSIVE CONFINEMENT                             Regulatory Flexibility Analysis                       Timetable:
     CENTERS                                                 Required: No                                          Action                    Date        FR Cite
     Priority: Substantive, Nonsignificant                   Small Entities Affected: No                           Interim Final Rule      09/26/97 62 FR 50791
     Legal Authority: 18 USC 3621 to 3622;                   Government Levels Affected: None                      Interim Final Rule      11/03/97
     18 USC 3624; 18 USC 4001; 18 USC                                                                                 Effective
     4042; 18 USC 4046; 18 USC 4081 to                       Agency Contact: Sarah N. Qureshi,                     Interim Final Rule      11/25/97
     4082; 18 USC 5006 to 5024; 18 USC                       Rules Administrator, Department of                       Comment Period
                                                             Justice, Bureau of Prisons, 320 First                    End
     5039; 28 USC 509 to 510
                                                             Street NW, HOLC Building,                             Final Action            02/00/05
     CFR Citation: 28 CFR 524.31 to 524.34                   Washington, DC 20534                                  Regulatory Flexibility Analysis
     Legal Deadline: None                                    Phone: 202 307–2105                                   Required: No
                                                             Fax: 202 305–4577
     Abstract: This document finalizes                                                                             Small Entities Affected: No
                                                             Email: squreshi@bop.gov
     procedures for the operation of a                                                                             Government Levels Affected: None
     specialized program combining features                  RIN: 1120–AA11
     of a military boot camp with the                                                                              Agency Contact: Sarah N. Qureshi,
                                                                                                                   Rules Administrator, Department of
     traditional correctional values of the                  1854. LITERACY PROGRAM                                Justice, Bureau of Prisons, 320 First
     Bureau of Prisons. Inmates who
                                                             Priority: Substantive, Nonsignificant                 Street NW, HOLC Building,
     successfully complete this program may
                                                                                                                   Washington, DC 20534
     be placed in community-based
                                                             Legal Authority: 18 USC 3621 to 3622;                 Phone: 202 307–2105
     programs for longer periods of time
                                                             18 USC 3624; 18 USC 4001; 18 USC                      Fax: 202 305–4577
     than ordinarily permitted.
                                                             4042; 18 USC 4081 to 4082; 18 USC                     Email: squreshi@bop.gov
     Timetable:                                              5006 to 5024; 18 USC 5039; 28 USC                     RIN: 1120–AA33
     Action                     Date          FR Cite        509 to 510
     Interim Final Rule       04/26/96 61 FR 18658           CFR Citation: 28 CFR 544.70 to 544.76                 1855. TELEPHONE REGULATIONS
     Interim Final Rule       05/28/96                       Legal Deadline: None                                  AND INMATE FINANCIAL
        Effective                                                                                                  RESPONSIBILITY
     Interim Final Rule       06/25/96                       Abstract: This document makes
        Comment Period                                       changes to the Bureau’s literacy                      Priority: Substantive, Nonsignificant
        End                                                  program regulations for the sake of                   Legal Authority: 18 USC 3621 to 3622;
     Final Action             11/00/04                       clarification or simplification.                      18 USC 3624; 18 USC 4001; 18 USC


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     73412               Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     DOJ—BOP                                                                                                                               Final Rule Stage


     4042; 18 USC 4081 to 4082; 18 USC                       1856. TELEPHONE REGULATIONS                           Legal Deadline: None
     5006 to 5024; 18 USC 5039                               AND INMATE FINANCIAL                                  Abstract: This document notes the
                                                             RESPONSIBILITY                                        statutory requirements for the awarding
     CFR Citation: 28 CFR 540
                                                             Priority: Substantive, Nonsignificant                 of good conduct time, including the
     Legal Deadline: None                                                                                          Bureau’s consideration in instances
                                                             Legal Authority: 5 USC 551; 18 USC
     Abstract: The Bureau of Prisons                         3663; 18 USC 4001; 18 USC 4042; 18                    where the inmate does not have a high
     (Bureau) is withdrawing certain                         USC 4081; 18 USC 4082; 18 USC 5006                    school diploma or GED and is not
     provisions in its rules on telephone                    to 5024; 5 USC 552a; 18 USC 1791;                     making satisfactory progress toward
     regulations and on the inmate financial                 18 USC 3013; 18 USC 3571; 18 USC                      earning a high school diploma or GED.
     responsibility program (IFRP) which                     3572; 18 USC 3621; 18 USC 3622; 18                    Timetable:
     were published in the Federal Register                  USC 3624
     on April 4, 1994 (59 FR 15812).                                                                               Action                    Date        FR Cite
                                                             CFR Citation: 28 CFR 540.105; 28 CFR
     In the April 4, 1994, revision of its                   545.11                                                Interim Final Rule      09/26/97 62 FR 50786
     rules on telephone regulations and on                                                                         Interim Final Rule      11/03/97
                                                             Legal Deadline: None                                     Effective
     the IFRP, the Bureau delayed the
                                                             Abstract: On January 2, 1996, BOP                     Interim Final Rule      11/25/97
     effective date for provisions in sections                                                                        Comment Period
     540.105(c) and 545.11(d)(10), which                     published an NPRM proposing
                                                             limitations on telephone privileges and                  End
     imposed limitations on the telephone                                                                          Final Action            03/00/05
     privileges of inmates refusing to                       commissary privileges for inmates who
     participate in the IFRP. These                          refuse to participate in the inmate                   Regulatory Flexibility Analysis
     provisions were to become effective                     financial responsibility program (BOP                 Required: No
     January 3, 1995. Due to ongoing                         1050). On December 28, 1999, BOP
                                                                                                                   Small Entities Affected: No
     litigation in Washington v. Reno, the                   finalized that portion of the NPRM
     effective date for these provisions was                 pertaining to limitations on commissary               Government Levels Affected: None
     further delayed until January 4, 1996                   privileges. BOP is continuing to work                 Agency Contact: Sarah N. Qureshi,
     (60 FR 240).                                            on addressing issues raised by its                    Rules Administrator, Department of
                                                             proposed limitations on telephone                     Justice, Bureau of Prisons, 320 First
     In accordance with the Court-approved                   privileges for inmates who are inmate                 Street NW, HOLC Building,
     settlement in Washington v. Reno,                       financial responsibility program                      Washington, DC 20534
     through this rule, the Bureau withdrew                  refusees. BOP will finalize that portion              Phone: 202 307–2105
     these provisions and the reference to                   of its January 1996 NPRM in a separate                Fax: 202 305–4577
     the IFRP telephone restrictions in 28                   document (BOP 1102).                                  Email: squreshi@bop.gov
     CFR section 540.100(a) and published
                                                             Timetable:                                            RIN: 1120–AA62
     at 61 FR 92 a new proposed rule to
     impose a different restriction on the                   Action                       Date        FR Cite
     telephone privileges of inmates who                     Final Action             02/00/05                     1858. DESIGNATION OF OFFENSES
     refuse to participate in the IFRP. This                 Final Action Effective   03/00/05                     SUBJECT TO SEX OFFENDER
     rule was finalized on December 28,                                                                            RELEASE NOTIFICATION
     1999 (64 FR 72798, see RIN 1120-                        Regulatory Flexibility Analysis
     AA49).                                                  Required: No                                          Priority: Other Significant
                                                             Small Entities Affected: No                           Legal Authority: 18 USC 3565; 18 USC
     Timetable:
                                                             Government Levels Affected: None                      5006 to 5024; 18 USC 5031 to 5042;
     Action                     Date          FR Cite                                                              28 USC 509 to 510; 18 USC 2568 to
                                                             Agency Contact: Sarah N. Qureshi,
     Interim Final Rule       01/02/96 61 FR 90                                                                    3569; 18 USC 3582; 18 USC 3621 to
                                                             Rules Administrator, Department of
     Interim Final Rule       03/04/96                                                                             3622; 18 USC 4001; 18 USC 4042; 18
                                                             Justice, Bureau of Prisons, 320 First
        Comment Period                                                                                             USC 4081 to 4082; 18 USC 4161 to
        End
                                                             Street NW, HOLC Building,
                                                                                                                   4166; 18 USC 4201 to 4218
     Final Action             03/00/05
                                                             Washington, DC 20534
                                                             Phone: 202 307–2105                                   CFR Citation: 28 CFR 571
     Regulatory Flexibility Analysis                         Fax: 202 305–4577                                     Legal Deadline: None
     Required: No                                            Email: squreshi@bop.gov
                                                                                                                   Abstract: This document designates
     Small Entities Affected: No                             RIN: 1120–AA49                                        various offenses as sexual offenses for
     Government Levels Affected: None                                                                              purposes of 18 U.S.C. 4042(c). The
                                                             1857. GOOD CONDUCT TIME                               designations ensure that notifications
     Agency Contact: Sarah N. Qureshi,                                                                             can be made for military offenders, for
     Rules Administrator, Department of                      Priority: Substantive, Nonsignificant
                                                                                                                   District of Columbia Code offenders,
     Justice, Bureau of Prisons, 320 First                   Legal Authority: 18 USC 3568; 28 USC                  and for these and other Federal inmates
     Street NW, HOLC Building,                               509 to 510; 18 USC 3621 to 3622; 18                   with a sex offense in their criminal
     Washington, DC 20534                                    USC 3624; 18 USC 4001; 18 USC 4042;                   history.
     Phone: 202 307–2105                                     18 USC 4081 to 4082; 18 USC 4161
     Fax: 202 305–4577                                                                                             Timetable:
                                                             to 4166; 18 USC 5006 to 5024; 18 USC
     Email: squreshi@bop.gov                                 5039                                                  Action                    Date        FR Cite
     RIN: 1120–AA39                                          CFR Citation: 28 CFR 523                              Interim Final Rule      12/16/98 63 FR 69386



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                         Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                  73413

     DOJ—BOP                                                                                                                               Final Rule Stage


     Action                     Date          FR Cite        1860. SEARCHES OF HOUSING                             Timetable:
                                                             UNITS, INMATES, INMATE WORK                           Action                    Date        FR Cite
     Interim Final Rule       02/16/99                       AREAS, AND PERSONS OTHER THAN
        Comment Period                                                                                             NPRM                    09/21/00 65 FR 57126
                                                             INMATES: ELECTRONIC DEVICES
        End                                                                                                        NPRM Comment            11/20/00
     Final Action             03/00/05                       Priority: Other Significant                             Period End
     Regulatory Flexibility Analysis                         Legal Authority: 18 USC 751 to 752;                   Final Action            03/00/05
     Required: No                                            18 USC 5006 to 5024; 18 USC 5039;                     Regulatory Flexibility Analysis
     Small Entities Affected: No                             28 USC 509 to 510; 18 USC 1791 to                     Required: No
     Government Levels Affected: None                        1793; 18 USC 3050; 18 USC 3621 to
                                                             3622; 18 USC 3624; 18 USC 4001; 18                    Small Entities Affected: No
     Agency Contact: Sarah N. Qureshi,                       USC 4012; 18 USC 4042; 18 USC 4081                    Government Levels Affected: None
     Rules Administrator, Department of                      to 4082
     Justice, Bureau of Prisons, 320 First                                                                         Agency Contact: Sarah N. Qureshi,
     Street NW, HOLC Building,                               CFR Citation: 28 CFR 511; 28 CFR 552                  Rules Administrator, Department of
     Washington, DC 20534                                                                                          Justice, Bureau of Prisons, 320 First
                                                             Legal Deadline: None
     Phone: 202 307–2105                                                                                           Street NW, HOLC Building,
     Fax: 202 305–4577                                       Abstract: This document clarifies                     Washington, DC 20534
     Email: squreshi@bop.gov                                 provisions in the Bureau’s regulations                Phone: 202 307–2105
                                                             that pertain to the use of electronic                 Fax: 202 305–4577
     RIN: 1120–AA85                                          devices in searches of inmates and                    Email: squreshi@bop.gov
                                                             persons other than inmates.
                                                                                                                   RIN: 1120–AA95
     1859. DRUG ABUSE TREATMENT                              Timetable:
     PROGRAMS: DISINCENTIVES AND
     ENHANCED INCENTIVES                                     Action                       Date        FR Cite      1862. RELEASE OF INFORMATION
     Priority: Substantive, Nonsignificant                   NPRM                     02/25/99 64 FR 9431          Priority: Substantive, Nonsignificant
                                                             NPRM Comment             04/26/99
     Legal Authority: 18 USC 3521 to 3528;                     Period End                                          Legal Authority: 5 USC 552; 5 USC
     18 USC 5006 to 5024; 18 USC 5039;                       Final Action             02/00/05                     552a; 18 USC 3621 to 3622; 18 USC
     28 USC 509 to 510; 18 USC 3621; 18                                                                            3624; 18 USC 4001; 18 USC 4042; 18
     USC 3622; 18 USC 3624; 18 USC 4001;                     Regulatory Flexibility Analysis                       USC 4081 to 4082; 18 USC 5006 to
     18 USC 4042; 18 USC 4046; 18 USC                        Required: No                                          5024; 18 USC 5039; 28 USC 509 to 510;
     4081; 18 USC 4082                                       Small Entities Affected: No                           31 USC 3711(f)
     CFR Citation: 28 CFR 550                                                                                      CFR Citation: 28 CFR 513
                                                             Government Levels Affected: None
     Legal Deadline: None                                                                                          Legal Deadline: None
                                                             Agency Contact: Sarah N. Qureshi,
     Abstract: This document broadens the                    Rules Administrator, Department of
     eligibility criteria for the drug abuse                                                                       Abstract: This document revises
                                                             Justice, Bureau of Prisons, 320 First                 Bureau regulations implementing the
     education program. In addition, this                    Street NW, HOLC Building,
     document establishes disincentives that                                                                       Freedom of Information Act and the
                                                             Washington, DC 20534                                  Privacy Act in order to simplify the
     may be imposed for the purpose of                       Phone: 202 307–2105
     encouraging inmates to participate in                                                                         procedures and to eliminate
                                                             Fax: 202 305–4577                                     unnecessary regulatory text.
     the residential drug treatment program.                 Email: squreshi@bop.gov
     Timetable:                                                                                                    Timetable:
                                                             RIN: 1120–AA90
     Action                     Date          FR Cite                                                              Action                    Date        FR Cite

     NPRM                     09/20/00 65 FR 56840                                                                 NPRM                    05/13/03 68 FR 25545
                                                             1861. DRUG TESTING PROGRAM                            NPRM Comment            07/14/03
     NPRM Comment             11/20/00
       Period End                                            Priority: Substantive, Nonsignificant                   Period End
     Final Action             01/00/05                                                                             Final Action            03/00/05
                                                             Legal Authority: 18 USC 3621 to 3622;
     Regulatory Flexibility Analysis                         18 USC 3624; 18 USC 4001; 18 USC                      Regulatory Flexibility Analysis
     Required: No                                            4042; 18 USC 4081 to 4082; 18 USC                     Required: No
     Small Entities Affected: No                             4251 to 4255; 18 USC 5006 to 5024;                    Small Entities Affected: No
                                                             18 USC 5039; 28 USC 509 to 510
     Government Levels Affected: None                                                                              Government Levels Affected: None
     Agency Contact: Sarah N. Qureshi,                       CFR Citation: 28 CFR 550
                                                                                                                   Agency Contact: Sarah N. Qureshi,
     Rules Administrator, Department of                      Legal Deadline: None                                  Rules Administrator, Department of
     Justice, Bureau of Prisons, 320 First                                                                         Justice, Bureau of Prisons, 320 First
     Street NW, HOLC Building,                               Abstract: This document consolidates
                                                             into a single drug testing program                    Street NW, HOLC Building,
     Washington, DC 20534                                                                                          Washington, DC 20534
     Phone: 202 307–2105                                     separately stated regulations on alcohol
                                                             testing and urine surveillance. The                   Phone: 202 307–2105
     Fax: 202 305–4577                                                                                             Fax: 202 305–4577
     Email: squreshi@bop.gov                                 consolidated regulations provide for
                                                             more flexibility in the use of testing                Email: squreshi@bop.gov
     RIN: 1120–AA88                                          methods.                                              RIN: 1120–AA96


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     73414               Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     DOJ—BOP                                                                                                                               Final Rule Stage


     1863. CORRESPONDENCE:                                   under which the Bureau conducts                       Justice, Bureau of Prisons, 320 First
     INSPECTION OF OUTGOING                                  voluntary and involuntary testing.                    Street NW, HOLC Building,
     GENERAL CORRESPONDENCE                                  Timetable:                                            Washington, DC 20534
     Priority: Other Significant                                                                                   Phone: 202 307–2105
                                                             Action                       Date        FR Cite      Fax: 202 305–4577
     Legal Authority: 5 USC 551; 5 USC                                                                             Email: squreshi@bop.gov
                                                             NPRM                     07/12/02 67 FR 46136
     552a; 18 USC 1791; 18 USC 3621 to
                                                             NPRM Comment             09/10/02                     RIN: 1120–AB05
     3622; 18 USC 3624; 18 USC 4001; 18                        Period End
     USC 4042; 18 USC 4081 to 4082; 18                       Final Action             12/00/04
     USC 5006 to 5024; 18 USC 5039; 28                                                                             1866. SUICIDE PREVENTION
     USC 509 to 510                                          Regulatory Flexibility Analysis                       PROGRAM
                                                             Required: No
     CFR Citation: 28 CFR 540.14                                                                                   Priority: Substantive, Nonsignificant
                                                             Small Entities Affected: No
     Legal Deadline: None                                                                                          Legal Authority: 18 USC 3621, 3622,
                                                             Government Levels Affected: None                      3624, 4001, 4042, 4081, 4082, 5006 to
     Abstract: This document amends the
     Bureau’s regulations on correspondence                  Agency Contact: Sarah N. Qureshi,                     5024, 5039; 28 USC 509 to 510
     to require that outgoing inmate general                 Rules Administrator, Department of                    CFR Citation: 28 CFR 552
     correspondence at all institutions may                  Justice, Bureau of Prisons, 320 First
                                                             Street NW, HOLC Building,                             Legal Deadline: None
     not be sealed and may be read and
     inspected by staff. This amendment is                   Washington, DC 20534                                  Abstract: This document revises
     intended to provide for the continued                   Phone: 202 307–2105                                   Bureau regulations on the suicide
     efficient and secure operation of the                   Fax: 202 305–4577                                     prevention program for the sake of
     institution and to protect the public.                  Email: squreshi@bop.gov                               clarity and in order to remove Agency
     The requirement does not apply to                                                                             management procedures that do not
                                                             RIN: 1120–AB03
     special mail.                                                                                                 need to be stated in regulations. The
                                                                                                                   revised regulations more clearly
     Timetable:                                              1865. DISTRICT OF COLUMBIA                            delineate for the inmate the procedures
     Action                     Date          FR Cite        EDUCATIONAL GOOD TIME CREDIT                          used to identify and protect inmates
     NPRM                     07/27/99 64 FR 40718           Priority: Substantive, Nonsignificant                 deemed to be at risk for suicide.
     NPRM Comment             09/27/99                                                                             Timetable:
                                                             Legal Authority: 18 USC 3568; 18 USC
       Period End
                                                             3621; 18 USC 3622; 18 USC 3624; 18                    Action                    Date        FR Cite
     Final Action             12/00/04
                                                             USC 4001; 18 USC 4042; 18 USC 4081;                   NPRM                    11/13/00 65 FR 67670
     Regulatory Flexibility Analysis                         18 USC 4082; 18 USC 4161 to 4166;                     NPRM Comment            01/12/01
     Required: No                                            18 USC 5006 to 5024; 18 USC 5039;                       Period End
     Small Entities Affected: No                             28 USC 509 to 510                                     Final Action            03/00/05
     Government Levels Affected: None                        CFR Citation: 28 CFR 523                              Regulatory Flexibility Analysis
     Agency Contact: Sarah N. Qureshi,                       Legal Deadline: None                                  Required: No
     Rules Administrator, Department of                      Abstract: This rule establishes                       Small Entities Affected: No
     Justice, Bureau of Prisons, 320 First                   procedures for awarding educational                   Government Levels Affected: None
     Street NW, HOLC Building,                               good time credit consistent with the DC
     Washington, DC 20534                                                                                          Agency Contact: Sarah N. Qureshi,
                                                             Code for offenders in Bureau                          Rules Administrator, Department of
     Phone: 202 307–2105                                     institutions or Bureau contract
     Fax: 202 305–4577                                                                                             Justice, Bureau of Prisons, 320 First
                                                             facilities, under the National Capital                Street NW, HOLC Building,
     Email: squreshi@bop.gov                                 Revitalization and Self-Government                    Washington, DC 20534
     RIN: 1120–AA98                                          Improvement Act of 1997, who                          Phone: 202 307–2105
                                                             committed their offenses before August                Fax: 202 305–4577
                                                             5, 2000.                                              Email: squreshi@bop.gov
     1864. INFECTIOUS DISEASE
     MANAGEMENT                                              Timetable:                                            RIN: 1120–AB06
     Priority: Substantive, Nonsignificant                   Action                       Date        FR Cite

     Legal Authority: 18 USC 3621 to 3622;                   Interim Final Rule       07/24/02 67 FR 48385         1867. DRUG ABUSE TREATMENT
     18 USC 3624; 18 USC 4001; 18 USC                        Interim Final Rule       09/23/02                     PROGRAM: SUBPART REVISION AND
     4005; 18 USC 4042; . . .                                   Comment Period                                     CLARIFICATION
                                                                End
     CFR Citation: 28 CFR 549                                Final Action             03/00/05
                                                                                                                   Priority: Info./Admin./Other
     Legal Deadline: None                                                                                          Legal Authority: 18 USC 3521 to 3528,
                                                             Regulatory Flexibility Analysis
                                                                                                                   4042, 4046, 4081, 4082, 5006 to 5024,
     Abstract: This document is a proposed                   Required: No
                                                                                                                   5039; 28 USC 848, 509, 510; 18 USC
     rule (split from the interim final rule,                Small Entities Affected: No                           3621 to 3622; 18 USC 3624; 18 USC
     RIN 1120-AA23) on the correctional                                                                            4001; . . .
     management of tuberculosis, HIV, and                    Government Levels Affected: None
     hepatitis B. The changes to the                         Agency Contact: Sarah N. Qureshi,                     CFR Citation: 28 CFR 550
     regulations address the circumstances                   Rules Administrator, Department of                    Legal Deadline: None


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                         Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                  73415

     DOJ—BOP                                                                                                                               Final Rule Stage


     Abstract: In this document, the Bureau                  for further increments of time. In                    describing procedures we will follow
     of Prisons proposes to amend its                        addition, in those cases where the                    for charging inmates fees for certain
     regulations on the drug abuse treatment                 Attorney General has certified that                   kinds of health services, as required
     program. We intend this amendment to                    reasonable suspicion exists to believe                under the Federal Prisoner Health Care
     streamline and clarify these regulations,               that an inmate may use                                Copayment Act of 2000 (Pub. L. 106-
     eliminating unnecessary text and                        communications with attorneys or their                294, October 12, 2000, 114 Stat. 1038).
     obsolete language, and removing                         agents to further or facilitate acts of               Timetable:
     internal agency procedures that need                    violence or terrorism, this rule amends
     not be in rules text.                                   the existing regulations to provide that              Action                    Date        FR Cite
     Timetable:                                              the Bureau is authorized to monitor                   NPRM                    10/10/02 67 FR 63059
                                                             mail or communications with attorneys                 NPRM Comment            12/09/02
     Action                     Date          FR Cite        in order to deter such acts, subject to                 Period End
     NPRM                     07/01/04 69 FR 39887           specific procedural safeguards, to the                Final Action            03/00/05
     NPRM Comment             08/30/04                       extent permitted under the Constitution               Regulatory Flexibility Analysis
       Period End                                            and laws of the United States. Finally,               Required: No
     Final Action             02/00/05                       this rule provides that the head of each
                                                             component of the Department of Justice                Small Entities Affected: No
     Regulatory Flexibility Analysis
     Required: No                                            that has custody of persons for whom                  Government Levels Affected: None
                                                             special administrative measures are                   Agency Contact: Sarah N. Qureshi,
     Small Entities Affected: No                             determined to be necessary may                        Rules Administrator, Department of
     Government Levels Affected: None                        exercise the same authority to impose                 Justice, Bureau of Prisons, 320 First
     Agency Contact: Sarah N. Qureshi,                       such measures as the Director of the                  Street NW, HOLC Building,
     Rules Administrator, Department of                      Bureau of Prisons.                                    Washington, DC 20534
     Justice, Bureau of Prisons, 320 First                   Timetable:                                            Phone: 202 307–2105
     Street NW, HOLC Building,                                                                                     Fax: 202 305–4577
                                                             Action                       Date        FR Cite
     Washington, DC 20534                                                                                          Email: squreshi@bop.gov
     Phone: 202 307–2105                                     Interim Final Rule       10/30/01 66 FR 55062
                                                                                                                   RIN: 1120–AB11
     Fax: 202 305–4577                                       Interim Final Rule       10/31/01
     Email: squreshi@bop.gov                                    Effective
                                                             Interim Final Rule       12/31/01                     1870. GOOD CONDUCT TIME: ALIENS
     RIN: 1120–AB07                                             Comment Period                                     WITH CONFIRMED ORDERS OF
                                                                End                                                DEPORTATION, EXCLUSION, OR
     1868. NATIONAL SECURITY;                                Final Action             03/00/05                     REMOVAL
     PREVENTION OF ACTS OF VIOLENCE                          Regulatory Flexibility Analysis                       Priority: Substantive, Nonsignificant
     AND TERRORISM                                           Required: No
                                                                                                                   Legal Authority: 28 USC 509 to 510;
     Priority: Other Significant                             Small Entities Affected: No                           5 USC 301; 18 USC 3621 to 3622, 3568,
     Legal Authority: 5 USC 301; 18 USC                      Government Levels Affected:                           4001, 4042, 4081 to 4082; 18 USC 4161
     3621, 3622, 3624, 4001, 4042, 4081,                     Undetermined                                          to 4166, 5006 to 5024, 5039
     4082, 4161 to 4166, 5006 to 5024; 18                                                                          CFR Citation: 28 CFR 523.20
                                                             Agency Contact: Sarah N. Qureshi,
     USC 5039; 28 USC 509, 510
                                                             Rules Administrator, Department of                    Legal Deadline: None
     CFR Citation: 28 CFR 500, 501                           Justice, Bureau of Prisons, 320 First                 Abstract: In this document, the Bureau
     Legal Deadline: None                                    Street NW, HOLC Building,                             of Prisons (Bureau) proposes to amend
     Abstract: Current Bureau of Prisons                     Washington, DC 20534                                  its rules on Good Conduct Time (GCT).
     regulations on institutional                            Phone: 202 307–2105                                   The purpose of this rule is to more
     management authorize the Bureau to                      Fax: 202 305–4577                                     effectively reduce the lengthy General
     impose special administrative measures                  Email: squreshi@bop.gov                               Educational Development (GED)
     with respect to specified inmates, based                RIN: 1120–AB08                                        waiting lists and to reevaluate the
     on information provided by senior                                                                             ‘‘satisfactory progress in a literacy
     intelligence or law enforcement                                                                               program’’ provision of the Violent
                                                             1869. INMATE FEES FOR HEALTH
     officials, where it has been determined                                                                       Crime Control and Law Enforcement
                                                             CARE SERVICES
     to be necessary to prevent the                                                                                Act of 1994 (VCCLEA) and/or the
     dissemination either of classified                      Priority: Other Significant                           Prison Litigation Reform Act of 1995
     information that could endanger the                     Legal Authority: 5 USC 301; 18 USC                    (PLRA) for aliens with confirmed
     national security or of other                           3621 to 3622, 4001, 4005, 4014, 4042,                 orders of deportation, exclusion, or
     information that could lead to acts of                  4045, 4081 to 4082; 18 USC 4161 to                    removal. This rule increases the
     violence and terrorism.                                 4166, 4241 to 4247, 5006 to 5024, 5039;               proportion of our literacy funds and
     This rule extends the period of time                    28 USC 509 to 510                                     resources that go to inmates who will
     for which such special administrative                                                                         remain in the United States after
                                                             CFR Citation: 28 CFR 549                              release.
     measures may be imposed from 120
     days to up to 1 year and modifies the                   Legal Deadline: None                                  This rule exempts such inmate aliens
     standards for approving extensions of                   Abstract: In this document, the Bureau                from the ‘‘satisfactory progress in a
     such special administrative measures                    of Prisons (Bureau) proposes rules                    literacy program’’ provision of the


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     73416               Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     DOJ—BOP                                                                                                                               Final Rule Stage


     Violent Crime Control and Law                           Abstract: In this document, the Bureau                policy is a more appropriate vehicle
     Enforcement Act of 1994 (VCCLEA)                        of Prisons (Bureau) revises its rules on              through which to provide instruction
     and/or the Prison Litigation Reform Act                 Civil Contempt of Court Commitments                   and guidance to staff. All the
     of 1995 (PLRA). The Bureau’s Literacy                   to include references to relevant DC                  provisions we removed consist of our
     Program rules currently comprise only                   Code provisions regarding civil                       instruction and guidance to Bureau
     GED attainment. This means that                         contempt commitments. We make this                    staff. These provisions relate solely to
     inmate aliens who have confirmed                        revision to accommodate DC Code                       internal agency management and
     orders of deportation, exclusion, or                    offenders in Bureau institutions or                   practice and do not impose obligations
     removal, but do not have a high school                  Bureau contract facilities under the                  or confer any benefits upon our
     diploma or GED, will not need to                        National Capital Revitalization and                   regulated entities (the inmates) or the
     demonstrate satisfactory progress                       Self-Government Improvement Act of                    public. The procedures that were in
     toward earning a GED credential to be                   1997 (DC Revitalization Act), DC Code                 these regulations will continue to exist,
     considered for the full benefits of GCT.                section 24-101(a) and (b). We also                    unchanged, in our policy statement on
     When considering GCT, we propose to                     revise this rule to clarify existing                  the Admission and Orientation
     allow 54 days GCT for each year served                  provisions by using simpler                           Program. Any requirement imposed on
     if the inmate is an alien with a                        organization and language. For further                our staff in these rules will remain a
     confirmed order of deportation,                         simplification, we remove language                    Bureau-wide requirement in our policy.
     exclusion, or removal from the                          relating solely to internal agency                    It is important to note that we have
     Immigration and Naturalization Service                  practices and procedures. We do not,                  not changed the substance of the CIM
     (INS) (now referred to as the Bureau                    however, make any substantive changes                 rules.
     of Citizenship and Immigration                          to the current rules.                                 Timetable:
     Services (BCIS)).                                       Timetable:                                            Action                    Date        FR Cite
     In this rule the Bureau also reorganizes                Action                       Date        FR Cite
     the rule for clarity and accuracy. Other                                                                      Interim Final Rule      12/00/04
     than the substantive change regarding                   NPRM                     08/05/03 68 FR 46138         Regulatory Flexibility Analysis
     sentenced deportable aliens, we make                    NPRM Comment             10/06/03                     Required: No
     no further substantive changes.                           Period End
                                                             Final Action             12/00/04                     Small Entities Affected: No
     Timetable:
                                                             Regulatory Flexibility Analysis                       Government Levels Affected: None
     Action                     Date          FR Cite        Required: No                                          Agency Contact: Sarah N. Qureshi,
     NPRM                     06/25/03 68 FR 37776           Small Entities Affected: No                           Rules Administrator, Department of
     NPRM Comment             08/25/03                                                                             Justice, Bureau of Prisons, 320 First
       Period End                                            Government Levels Affected: None                      Street NW, HOLC Building,
     Final Action             02/00/05                       Agency Contact: Sarah N. Qureshi,                     Washington, DC 20534
     Regulatory Flexibility Analysis                         Rules Administrator, Department of                    Phone: 202 307–2105
     Required: No                                            Justice, Bureau of Prisons, 320 First                 Fax: 202 305–4577
                                                             Street NW, HOLC Building,                             Email: squreshi@bop.gov
     Small Entities Affected: No                             Washington, DC 20534                                  RIN: 1120–AB14
     Government Levels Affected: None                        Phone: 202 307–2105
     Agency Contact: Sarah N. Qureshi,                       Fax: 202 305–4577
     Rules Administrator, Department of                      Email: squreshi@bop.gov                               1873. BUREAU OF PRISONS
     Justice, Bureau of Prisons, 320 First                   RIN: 1120–AB13                                        EMERGENCIES
     Street NW, HOLC Building,                                                                                     Priority: Other Significant
     Washington, DC 20534                                                                                          Legal Authority: 5 USC 301; 18 USC
     Phone: 202 307–2105                                     1872. CENTRAL INMATE MONITORING
                                                             (CIM) SYSTEM: STREAMLINING                            3621 to 3622, 3624, 4001, 4042, 4081
     Fax: 202 305–4577                                                                                             to 4082; 18 USC 4161 to 4166, 5006
     Email: squreshi@bop.gov                                 RULES
                                                                                                                   to 5024, 5039; 28 USC 509 to 510
     RIN: 1120–AB12                                          Priority: Substantive, Nonsignificant
                                                                                                                   CFR Citation: 28 CFR 501.1
                                                             Legal Authority: 5 USC 301; 18 USC
                                                             3621 to 3622, 3624, 4001, 4042, 4081                  Legal Deadline: None
     1871. CIVIL CONTEMPT OF COURT                           to 4082; 18 USC 223; 18 USC 5006 to                   Abstract: The Bureau of Prisons
     COMMITMENTS: REVISION TO                                5024, 5039; 28 USC 509 to 510; . . .                  (Bureau) makes this interim final rule
     ACCOMMODATE COMMITMENTS                                                                                       to clarify that, when there is an
     UNDER THE DC CODE                                       CFR Citation: 28 CFR 524
                                                                                                                   institutional or system-wide Bureau
     Priority: Substantive, Nonsignificant                   Legal Deadline: None                                  emergency that the Director or
     Legal Authority: 5 USC 301; 18 USC                      Abstract: In this document, the Bureau                designee, such as a Warden, considers
     3621 to 3622, 3568, 3585, 4001, 4042,                   of Prisons (Bureau) proposes to                       a threat to human life or safety, the
     4081 to 4082; 18 USC 4161 to 4166,                      streamline its rules on the Central                   Director or designee may suspend the
     5006 to 5024, 5039; 28 USC 509 to 510;                  Inmate Monitoring system (CIM). We                    operation of the rules in this chapter
     DC Code 24–101(a) and (b)                               intend this amendment to streamline                   as necessary to handle the emergency.
                                                             our regulations by removing internal                  This rule clarifies that the Director may
     CFR Citation: 28 CFR 522                                agency management procedures that                     suspend Bureau rules as needed in
     Legal Deadline: None                                    need not be stated in regulation. Bureau              light of any emergency affecting the


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                         Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                  73417

     DOJ—BOP                                                                                                                               Final Rule Stage


     Bureau, and the Warden may do so to                     District of Columbia (DC) Code                        conviction or his legal residence only
     deal with emergencies at the institution                violators in Bureau custody. Previously,              within the United States, under 18
     level. This rule change clarifying the                  our procedures for involuntary                        U.S.C. 3624(d)(3). We intend this
     Director’s authority to modify Bureau                   psychiatric treatment and medication                  clarification to remove the
     rules to handle emergencies is                          did not apply to military prisoners or                misapprehension that the Bureau is
     especially necessary in light of the                    DC Code violators. Under new statutory                authorized to provide transportation
     recent terrorist attacks, threats to                    authority, military prisoners who are                 outside the United States.
     national security, threats of anthrax                   incompetent to stand trial, or who have               Timetable:
     surrounding mail processing, and other                  been found not guilty by reason of lack
     events occurring on and after                           of mental responsibility may now be                   Action                    Date        FR Cite
     September 11, 2001.                                     committed to the Bureau’s custody.                    Interim Final Rule      06/09/03 68 FR 34301
     Timetable:                                              Sentenced DC Code offenders may now                   Interim Final Rule      08/08/03
                                                             be involuntarily committed to a Bureau                   Comment Period
     Action                     Date          FR Cite        psychiatric hospital. Such military                      End
     Interim Final Rule       04/16/03 68 FR 18544           prisoners and DC Code violators are                   Final Action            02/00/05
     Interim Final Rule       06/16/03                       subject to our regulations. We revise                 Regulatory Flexibility Analysis
        Comment Period                                       the applicability statement accordingly.              Required: No
        End                                                  Timetable:
     Final Action             12/00/04                                                                             Small Entities Affected: No
                                                             Action                       Date        FR Cite      Government Levels Affected: None
     Regulatory Flexibility Analysis
     Required: No                                            NPRM                     12/29/03 68 FR 74892         Agency Contact: Sarah N. Qureshi,
                                                             NPRM Comment             02/27/04                     Rules Administrator, Department of
     Small Entities Affected: No                               Period End                                          Justice, Bureau of Prisons, 320 First
     Government Levels Affected: None                        Final Action             12/00/04                     Street NW, HOLC Building,
     Agency Contact: Sarah N. Qureshi,                       Regulatory Flexibility Analysis                       Washington, DC 20534
     Rules Administrator, Department of                      Required: No                                          Phone: 202 307–2105
     Justice, Bureau of Prisons, 320 First                                                                         Fax: 202 305–4577
                                                             Small Entities Affected: No
     Street NW, HOLC Building,                                                                                     Email: squreshi@bop.gov
     Washington, DC 20534                                    Government Levels Affected: None
                                                                                                                   RIN: 1120–AB21
     Phone: 202 307–2105                                     Agency Contact: Sarah N. Qureshi,
     Fax: 202 305–4577                                       Rules Administrator, Department of
     Email: squreshi@bop.gov                                 Justice, Bureau of Prisons, 320 First                 1876. COMMUNITY CONFINEMENT
     RIN: 1120–AB17                                          Street NW, HOLC Building,                             Priority: Other Significant. Major status
                                                             Washington, DC 20534                                  under 5 USC 801 is undetermined.
                                                             Phone: 202 307–2105
     1874. ADMINISTRATIVE SAFEGUARDS                                                                               Legal Authority: 5 USC 301; 18 USC
                                                             Fax: 202 305–4577
     FOR PSYCHIATRIC TREATMENT AND                                                                                 751, 3621, 3622, 3624, 4001, 4042,
                                                             Email: squreshi@bop.gov
     MEDICATION                                                                                                    4081, 4082 (Repealed in part as to
                                                             RIN: 1120–AB20                                        offenses committed on or after
     Priority: Other Significant                                                                                   November 1, 1987), 4161 to 4166, 5006
     Legal Authority: 5 USC 301; 10 USC                                                                            to 5024 (Repealed October 12, 1984)
                                                             1875. CLARIFYING OF RELEASE
     876b; 18 USC 3621, 3622, 3524, 4001,                    GRATUITIES—RELEASE                                    CFR Citation: 28 CFR 570.20 and .21
     4005, 4042, 4045, 4081, 4082; 18 USC                    TRANSPORTATION REGULATIONS TO
     4241 to 4247, 5006 to 5024, 5039; 28                                                                          Legal Deadline: None
                                                             MORE CLOSELY CONFORM TO
     USC 509, 510                                            STATUTORY PROVISIONS                                  Abstract: This rule limits the amount
     CFR Citation: 28 CFR 549                                                                                      of time that inmates may spend in
                                                             Priority: Other Significant                           community confinement (including
     Legal Deadline: None                                    Legal Authority: 5 USC 301; 18 USC                    Community Corrections Centers (CCCs)
     Abstract: In this document, the Bureau                  3565, 3568 to 3569, 3582, 3621 to 3622,               and home confinement) to the last 10
     of Prisons (Bureau) amends its                          3624, 4001, 4042, 4081 to 4082; 18 USC                percent of the prison sentence being
     regulations on Psychiatric Treatment                    4161 to 4166, 4201 to 4218, 5006 to                   served, not to exceed 6 months. The
     and Medication. We make several                         5024, 5031 to 5042; 28 USC 509, 510;                  only exceptions to this policy are for
     minor word changes to conform more                      US Cost, Art II, sec 2                                inmates in specific statutorily-created
     closely with the language of 18 U.S.C.                                                                        programs that authorize greater periods
                                                             CFR Citation: 28 CFR 571.22
     sections 4241 to 4247 on psychiatric                                                                          of community confinement (for
     hospitalization. We remove from the                     Legal Deadline: None                                  example, the residential substance
     rule one element of the standard for                    Abstract: This document makes a                       abuse treatment program (18 U.S.C.
     determining whether treatment or                        minor clarifying change to the Bureau                 section 3621(e)(2)(A)) or the shock
     psychotropic medication is necessary                    of Prisons (Bureau) regulations on                    incarceration program (18 U.S.C.
     because this element is inconsistent                    release gratuities, transportation, and               section 4046(c)).
     with community standards and case                       clothing. The amendment will clarify                  Timetable:
     law. We also change the rules to                        that the Bureau is authorized, upon an
     conform with statutory authority                        inmate’s release, to provide                          Action                    Date        FR Cite
     regarding military prisoners and                        transportation to an inmate’s place of                NPRM                    08/18/04 69 FR 51213



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     73418               Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     DOJ—BOP                                                                                                                               Final Rule Stage


     Action                     Date          FR Cite        1877. OVER–THE–COUNTER                                without funds is one who has not had
                                                             MEDICATIONS: TECHNICAL                                a trust fund account balance of $6.00
     NPRM Comment             10/18/04                       CORRECTION                                            for the past 30 days. We therefore issue
       Period End                                                                                                  this technical correction.
     Final Action             03/00/05
                                                             Priority: Info./Admin./Other. Major
                                                             status under 5 USC 801 is                             Timetable:
     Regulatory Flexibility Analysis                         undetermined.                                         Action                    Date        FR Cite
     Required: No                                            Legal Authority: 5 USC 301; 18 USC                    Interim Final Rule      09/03/04 69 FR 53804
                                                             3621, 3622, 3624, 4001, 4005, 4042,                   Interim Final Rule      09/03/04
     Small Entities Affected: No
                                                             4045, 4081, 4082 (Repealed in part as                    Effective
     Government Levels Affected: None                        to offenses committed on or after                     Interim Final Rule      11/02/04
                                                             November 1, 1987), 4241 to 4247, 5006                    Comment Period
     Agency Contact: Sarah N. Qureshi,                       to 5024 (Repealed October 12, 1984)                      End
     Rules Administrator, Department of                      CFR Citation: 28 CFR 549.31                           Final Action            02/00/05
     Justice, Bureau of Prisons, 320 First
                                                             Legal Deadline: None                                  Regulatory Flexibility Analysis
     Street NW, HOLC Building,                                                                                     Required: No
     Washington, DC 20534                                    Abstract: This document makes a
     Phone: 202 307–2105                                     minor technical correction to the                     Small Entities Affected: No
     Fax: 202 305–4577                                       Bureau of Prisons (Bureau) regulations                Government Levels Affected: None
     Email: squreshi@bop.gov                                 on Over-The-Counter (OTC)
                                                             medications. Previously, our rule                     Agency Contact: Sarah N. Qureshi,
     RIN: 1120–AB27                                          defined an inmate without funds as one                Rules Administrator, Department of
                                                             who has had an average daily trust                    Justice, Bureau of Prisons, 320 First
                                                             fund account balance of less than $6.00               Street NW, HOLC Building,
                                                             for the past 30 days. The words                       Washington, DC 20534
                                                             ‘‘average daily’’ in that definition                  Phone: 202 307–2105
                                                             resulted in incorrect classifications by              Fax: 202 305–4577
                                                             the Bureau’s business offices. The more               Email: squreshi@bop.gov
                                                             accurate definition of an inmate                      RIN: 1120–AB29

     Department of Justice (DOJ)                                                                                                         Completed Actions
     Bureau of Prisons (BOP)

     1878. INMATE COMMISSARY                                 Completed:                                            Agency Contact: Sarah N. Qureshi
     ACCOUNT DEPOSIT PROCEDURES                              Reason                       Date        FR Cite      Phone: 202 307–2105
                                                                                                                   Fax: 202 305–4577
     Priority: Substantive, Nonsignificant                   Final Action             07/13/04 69 FR 41943         Email: squreshi@bop.gov
     CFR Citation: 28 CFR 506; 28 CFR                        Regulatory Flexibility Analysis                       RIN: 1120–AB16
     540.23; 28 CFR 540.51                                   Required: No
     Completed:                                              Small Entities Affected: No
                                                                                                                   1881. PROGRESS REPORTS RULES
     Reason                     Date          FR Cite        Government Levels Affected: None                      REVISION
     Final Action             07/02/04 69 FR 40315           Agency Contact: Sarah N. Qureshi                      Priority: Substantive, Nonsignificant.
                                                             Phone: 202 307–2105
     Regulatory Flexibility Analysis                                                                               Major status under 5 USC 801 is
                                                             Fax: 202 305–4577
     Required: No                                                                                                  undetermined.
                                                             Email: squreshi@bop.gov
                                                             RIN: 1120–AB15                                        CFR Citation: 28 CFR 524.40
     Small Entities Affected: No
                                                                                                                   Completed:
     Government Levels Affected: None
                                                             1880. ADMISSION AND ORIENTATION                       Reason                    Date        FR Cite
     Agency Contact: Sarah N. Qureshi                        PROGRAM: REMOVAL FROM RULES
     Phone: 202 307–2105                                                                                           Withdrawn               09/02/04
     Fax: 202 305–4577                                       Priority: Substantive, Nonsignificant
                                                                                                                   Regulatory Flexibility Analysis
     Email: squreshi@bop.gov                                 CFR Citation: 28 CFR 522                              Required: No
     RIN: 1120–AA86                                          Completed:                                            Small Entities Affected: No
                                                             Reason                       Date        FR Cite
                                                                                                                   Government Levels Affected: None
     1879. COMMENTS ON UNICOR                                Final Action             06/18/04 69 FR 34063
     BUSINESS OPERATIONS:                                                                                          Agency Contact: Sarah N. Qureshi
                                                             Regulatory Flexibility Analysis                       Phone: 202 307–2105
     CLARIFICATION OF ADDRESSES                              Required: No                                          Fax: 202 305–4577
     Priority: Info./Admin./Other                            Small Entities Affected: No                           Email: squreshi@bop.gov
     CFR Citation: 28 CFR 302.1                              Government Levels Affected: None                      RIN: 1120–AB24


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                         Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                73419

     Department of Justice (DOJ)                                                                                                                Prerule Stage
     Civil Rights Division (CRT)

     1882. NONDISCRIMINATION ON THE                          1883. NONDISCRIMINATION ON THE
     BASIS OF DISABILITY IN PUBLIC                           BASIS OF DISABILITY IN STATE AND
     ACCOMMODATIONS AND                                      LOCAL GOVERNMENT SERVICES
     COMMERCIAL FACILITIES (SECTION                          (SECTION 610 REVIEW)
     610 REVIEW)
                                                             Regulatory Plan: This entry is Seq. No.
     Regulatory Plan: This entry is Seq. No.
                                                             87 in part II of this issue of the Federal
     86 in part II of this issue of the Federal
                                                             Register.
     Register.
     RIN: 1190–AA44                                          RIN: 1190–AA46


     Department of Justice (DOJ)                                                                                                     Proposed Rule Stage
     Civil Rights Division (CRT)

     1884. AMERICAN COMPETITIVENESS                          administrative relief for a ‘‘failure to              Employment Practices, 950
     AND WORKFORCE IMPROVEMENT                               select’’ cause of action under the                    Pennsylvania Avenue NW, Washington,
     ACT OF 1998 COMPLAINT PROCESS                           American Competitiveness and                          DC 20530
     Priority: Other Significant                             Workforce Improvement Act of 1988.                    Phone: 202 616–5594
                                                             This new cause of action allows an                    Fax: 202 616–5509
     Legal Authority: 8 USC 1182(n)(5); 8                    aggrieved party to file a complaint
     USC 1103(a); 8 USC 1182(n); 8 USC                       against a covered employer when it                    Mary Beth Keller, General Counsel,
     1324b                                                   seeks to hire an H-1B visa holder over                Executive Office for Immigration
     CFR Citation: 28 CFR 44.500; 28 CFR                     an equally or better qualified United                 Review, Department of Homeland
     68                                                      States worker who applied for the job.                Security, 2600 Skyline Tower, 5107
     Legal Deadline: None                                    Arbitrators of the Federal Mediation                  Leesburg Pike, Suite 2600, Falls
                                                             and Conciliation Service will                         Church, VA 22041
     Abstract: The American                                  adjudicate the complaints. The                        Phone: 703 305–0470
     Competitiveness and Workforce                                                                                 Email: eoir.regs@usdoj.gov
                                                             regulation also allows the Office of the
     Improvement Act (ACWIA)—enacted as
                                                             Chief Administrative Hearing Officer to               RIN: 1190–AA48
     part of the Omnibus Consolidated and
                                                             review the Arbitrator’s findings, if
     Emergency Supplemental
                                                             necessary, and to impose remedies
     Appropriations Act of 1998—made                                                                               1885. AMENDMENTS TO
                                                             against the employer. This rule is being
     various changes to the Immigration and                                                                        PROCEDURES ADVISING STATES
                                                             coordinated with EOIR, the Department
     Nationality Act (the INA) relating to                                                                         AND POLITICAL SUBDIVISIONS
                                                             of Labor (DOL), and the FMCS.
     temporary nonimmigrant professionals.                                                                         SPECIALLY COVERED UNDER THE
     In this rule (RIN 1190-AA48), the                       Timetable:                                            VOTING RIGHTS ACT HOW TO SEEK
     Department’s Office of Special Counsel                  Action                       Date        FR Cite      PRECLEARANCE FROM THE
     for Immigration-Related Unfair                                                                                ATTORNEY GENERAL OF PROPOSED
     Employment Practices (OSC) will                         NPRM                     01/00/05
                                                             NPRM Comment             03/00/05                     VOTING CHANGES
     implement the ACWIA ‘‘failure to
     select’’ protections—codified in the                     Period End                                           Priority: Substantive, Nonsignificant
     INA at section 212(n)(5)—by                             Regulatory Flexibility Analysis                       Legal Authority: 5 USC 301; 28 USC
     establishing a process under which U.S.                 Required: Undetermined                                509 to 510; 42 USC 1973a(c); 42 USC
     workers may file complaints against                                                                           1973c
                                                             Government Levels Affected: None
     certain employers deemed ‘‘H-1B
                                                             Additional Information: ACWIA                         CFR Citation: 28 CFR 51
     dependent’’ that deny them
     employment opportunities by                             increased the numerical cap on H-1B                   Legal Deadline: None
     improperly hiring temporary foreign                     nonimmigrant aliens; required certain                 Abstract: Section 5 of the Voting Rights
     professionals on H-1B visas. Under this                 dependent employers to make                           Act of 1965 requires certain States and
     process, OSC may receive and review                     additional attestations to the                        their political subdivisions (covered
     these complaints, and then—if there is                  Department of Labor (DOL); increased                  jurisdictions) to obtain ‘‘preclearance’’
     reasonable cause to believe the                         the penalties for employers who have                  from the Federal Government of
     allegations—initiate binding arbitration                been found to be in violation of DOL’s                proposed changes in voting practices
     proceedings through the Federal                         rules; and created a ‘‘whistle blower’’               and procedures prior to their
     Mediation and Conciliation Service                      clause to protect H-1B workers who                    implementation. Preclearance may be
     (FMCS).                                                 filed complaints against their employer.              obtained either through litigation in the
     This rule also changes regulations of                   Agency Contact: Katherine A.                          United States District Court for the
     the Office of the Chief Administrative                  Baldwin, Deputy Special Counsel,                      District of Columbia or administratively
     Hearing Officer (OCAHO) of the                          Department of Justice, Civil Rights                   from the Attorney General. In 1971, the
     Executive Office for Immigration                        Division, Office of Special Counsel for               Department first issued procedures for
     Review (EOIR) to provide for the                        Unfair Employment Practices, Office of                the administration of section 5 to
     review of arbitrators’ decisions and,                   Special Counsel for                                   inform covered jurisdictions concerning
     where appropriate, the award of                         Immigration–Related Unfair                            the manner in which they could


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     73420               Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     DOJ—CRT                                                                                                                        Proposed Rule Stage


     comply with section 5 in the                            definition of ‘‘program or activity’’ to              1887. PROCEDURES TO REVIEW
     administrative proceeding before the                    section 504. The added definitions                    POLICE DEPARTMENTS FOR A
     Attorney General. In subsequent years,                  were designed to clarify the broad                    PATTERN OR PRACTICE OF
     the Department has amended these                        scope of coverage of recipients’                      CONDUCT THAT DEPRIVES PERSONS
     procedures to reflect changes in section                programs or activities under these                    OF RIGHTS, PRIVILEGES, OR
     5 law, in the Attorney General’s                        statutes. In a joint rulemaking described             IMMUNITIES SECURED OR
     internal practices, and to make the                     at RIN 1190-AA49, and published in                    PROTECTED BY THE CONSTITUTION
     procedures clearer and easier to follow.                the Federal Register on August 26,                    OR LAWS OF THE U.S.
     In the many years since the last major                  2003, the Department of Justice and                   Priority: Other Significant
     amendment to the procedures, there                      other Federal agencies conformed their
     have been significant changes in                                                                              Legal Authority: 5 USC 301; 28 USC
                                                             regulations to the CRRA.                              509
     section 5 law and in the practices
     employed by the Department in                           In the rulemaking described under this                CFR Citation: Not Yet Determined
     processing submissions, which are not                   RIN (1190-AA52) the Department of
     reflected in the existing Procedures.                                                                         Legal Deadline: None
                                                             Justice proposes to make conforming
     Timetable:                                              amendments to its coordination                        Abstract: Pursuant to the Violent Crime
                                                             regulations concerning agency                         Control and Law Enforcement Act of
     Action                     Date          FR Cite                                                              1994, 42 U.S.C. section 14141 (section
                                                             enforcement of Title VI of the Civil
     NPRM                     01/00/05                       Rights Act of 1964, 28 CFR 42.401 to                  14141), the Attorney General is
     NPRM Comment             03/00/05                       42.415, and agency enforcement of                     authorized to file lawsuits seeking court
      Period End                                             Section 504 of the Rehabilitation Act                 orders to reform police departments
     Regulatory Flexibility Analysis                         of 1973, 28 CFR 41.1 to 41.58. The                    engaging in a pattern or practice of
     Required: No                                                                                                  conduct that deprives persons of rights,
                                                             proposed amendments explicitly
                                                                                                                   privileges, or immunities secured by
     Government Levels Affected: Local,                      incorporate the CRRA’s definitions of
                                                                                                                   the Constitution or laws of the United
     State                                                   ‘‘program or activity’’ and ‘‘program’’
                                                                                                                   States. To date, the Department of
                                                             into the Department’s Title VI and                    Justice has conducted reviews of police
     Agency Contact: Joseph D. Rich, Chief,
                                                             Section 504 coordination regulations.                 departments pursuant to section 14141
     Voting Section, Department of Justice,
     Civil Rights Division, Room 7254, 1800                  Timetable:                                            using informal procedures. The purpose
     G Street NW, Washington, DC 20006                                                                             of this rule is to formalize the
     Phone: 202 307–2870                                     Action                       Date        FR Cite      procedures by which the Department
     RIN: 1190–AA51                                          NPRM                     01/00/05                     reviews police departments for a
                                                             NPRM Comment             03/00/05
                                                                                                                   pattern or practice of unlawful conduct.
                                                              Period End                                           Timetable:
     1886. AMENDMENTS TO
     COORDINATION OF ENFORCEMENT                             Regulatory Flexibility Analysis                       Action                    Date        FR Cite
     OF NONDISCRIMINATION IN                                 Required: No                                          NPRM                    01/00/05
     FEDERALLY ASSISTED PROGRAMS                                                                                   NPRM Comment            03/00/05
     AND IMPLEMENTATION OF                                   Government Levels Affected: Federal,                   Period End
     EXECUTIVE ORDER 12250                                   Local, State
                                                                                                                   Regulatory Flexibility Analysis
     Priority: Substantive, Nonsignificant                   Agency Contact: Merrily A.                            Required: Undetermined
     Legal Authority: 42 USC 2000d et seq;                   Friedlander, Chief, Coordination and                  Government Levels Affected: None
     29 USC 706; 29 USC 794; EO 12250                        Review Section, Department of Justice,
                                                             Civil Rights Division, P.O. Box 66560,                Agency Contact: Brad Schlozman,
     CFR Citation: 28 CFR 42.401 to 42.415;                                                                        Deputy Assistant Attorney General,
     28 CFR 41.1 to 41.58                                    Washington, DC 20035–6560
                                                             Phone: 202 307–2222                                   Department of Justice, Civil Rights
     Legal Deadline: None                                                                                          Division, Room 5541, Room 3337, 950
                                                             TDD Phone: 202 307–2678
     Abstract: In 1988, the Civil Rights                                                                           Pennsylvania Avenue NW, Washington,
                                                             Fax: 202 307–0595                                     DC 20530
     Restoration Act (CRRA) added                            Email: merrily.a.friedlander@usdoj.gov
     definitions of ‘‘program or activity’’ and                                                                    Phone: 202 305–8060
     ‘‘program’’ to Title VI and added a                     RIN: 1190–AA52                                        RIN: 1190–AA53




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                         Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                  73421

     Department of Justice (DOJ)                                                                                                         Completed Actions
     Civil Rights Division (CRT)

     1888. NONDISCRIMINATION ON THE                          Small Entities Affected: Businesses,                  Completed:
     BASIS OF DISABILITY IN STATE AND                        Governmental Jurisdictions,
                                                                                                                   Reason                    Date        FR Cite
     LOCAL GOVERNMENT SERVICES;                              Organizations
     PUBLIC ACCOMMODATIONS AND                               Government Levels Affected: Local,                    Merged With RINs        09/23/04
     COMMERCIAL FACILITIES;                                  State                                                  1190–AA44 and
     ACCESSIBILITY STANDARDS;                                                                                       1190–AA46
                                                             Agency Contact: John L. Wodatch
     RECREATION FACILITIES                                   Phone: 800 514–0301                                   Regulatory Flexibility Analysis
     Priority: Other Significant. Major status               TDD Phone: 800 514–0383                               Required: No
     under 5 USC 801 is undetermined.                        Fax: 202 307–1198
                                                                                                                   Small Entities Affected: Businesses,
                                                             RIN: 1190–AA47
     CFR Citation: 28 CFR 35; 28 CFR 36                                                                            Governmental Jurisdictions,
                                                                                                                   Organizations
     Completed:                                              1889. NONDISCRIMINATION ON THE
                                                             BASIS OF DISABILITY IN STATE OR                       Government Levels Affected: Local,
     Reason                     Date          FR Cite                                                              State
                                                             LOCAL GOVERNMENT FACILITIES;
     Merged With RINs         09/23/04                       PUBLIC ACCOMMODATIONS AND
                                                                                                                   Agency Contact: John L. Wodatch
      1190–AA44 and                                          COMMERCIAL FACILITIES;
      1190–AA46                                              ACCESSIBILITY STANDARDS; PLAY                         Phone: 800 514–0301
                                                             AREAS                                                 TDD Phone: 800 514–0383
     Regulatory Flexibility Analysis                                                                               Fax: 202 307–1198
     Required: No                                            Priority: Other Significant
                                                             CFR Citation: 28 CFR 35; 28 CFR 36                    RIN: 1190–AA50


     Department of Justice (DOJ)                                                                                                     Proposed Rule Stage
     Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)

     1890. COMMERCE IN FIREARMS AND                          Government Levels Affected: None                      trigger are not pistols and are classified
     AMMUNITION—IMPORTATION OF                               Agency Contact: James P. Ficaretta,                   as ‘‘any other weapon’’ under the
     FIREARM FRAMES, RECEIVERS, AND                          Program Manager, Department of                        National Firearms Act (NFA).
     BARRELS                                                 Justice, Bureau of Alcohol, Tobacco,                  Timetable:
     Priority: Other Significant. Major status               Firearms, and Explosives, 650
                                                                                                                   Action                    Date        FR Cite
     under 5 USC 801 is undetermined.                        Massachusetts Avenue NW,
                                                             Washington, DC 20226                                  NPRM                    05/00/05
     Legal Authority: 18 USC 847; 18 USC                     Phone: 202 927–8203
     921–931; 44 USC 3504(h)                                                                                       Regulatory Flexibility Analysis
                                                             RIN: 1140–AA22                                        Required: No
     CFR Citation: 27 CFR 478
                                                                                                                   Small Entities Affected: No
     Legal Deadline: None                                    1891. MACHINE GUNS, DESTRUCTIVE                       Government Levels Affected: None
     Abstract: This rule amends regulations                  DEVICES, AND CERTAIN OTHER
     of the Bureau of Alcohol, Tobacco,                      FIREARMS—AMENDED DEFINITION                           Agency Contact: James P. Ficaretta,
     Firearms and Explosives (ATF) to                        OF ‘‘PISTOL’’                                         Program Manager, Department of
     clarify the provision of the Gun Control                                                                      Justice, Bureau of Alcohol, Tobacco,
                                                             Priority: Other Significant                           Firearms, and Explosives, 650
     Act of 1968 (GCA) that generally
     prohibits the importation of any frame,                 Legal Authority: 26 USC 7805                          Massachusetts Avenue NW,
     receiver, or barrel of a firearm that                   CFR Citation: 27 CFR 479                              Washington, DC 20226
     would be prohibited if assembled. This                                                                        Phone: 202 927–8203
                                                             Legal Deadline: None
     rule also amends ATF regulations to                                                                           RIN: 1140–AA23
     permit the importation of                               Abstract: The Department of Justice is
                                                             proposing to amend the regulations
     nonimportable firearm frames,
                                                             relating to machine guns, destructive                 1892. COMMERCE IN EXPLOSIVES—
     receivers, or barrels under limited
                                                             devices, and certain other firearms                   AMENDED DEFINITION OF
     circumstances where the importation is
                                                             regulated under the National Firearms                 PROPELLANT ACTUATED DEVICE
     solely for repair or replacement and not
                                                             Act for the Bureau of Alcohol, Tobacco,               Priority: Other Significant
     for the assembly of a new firearm that
                                                             Firearms and Explosives (ATF) to
     would be prohibited if assembled.                                                                             Legal Authority: 18 USC 847
                                                             restore language in the definition of the
     Timetable:                                              term ‘‘pistol’’ that was inadvertently                CFR Citation: 27 CFR 555
     Action                     Date          FR Cite        removed in 1988. The added language
                                                             is necessary to clarify that certain                  Legal Deadline: None
     NPRM                     06/00/05                       weapons, including any gadget device,                 Abstract: The Department of Justice is
     NPRM Comment             08/00/05                       any gun altered or converted to                       proposing to amend the regulations of
      Period End
                                                             resemble a pistol or any gun that fires               the Bureau of Alcohol, Tobacco,
     Regulatory Flexibility Analysis                         more than one shot without manual                     Firearms and Explosives (ATF) to
     Required: No                                            reloading by a single function of the                 clarify that the term ‘‘propellant


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     73422               Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     DOJ—ATF                                                                                                                            Proposed Rule Stage


     actuated device’’ does not include                      Timetable:                                            Agency Contact: James P. Ficaretta,
     hobby rocket motors or rocket-motor                                                                           Program Manager, Department of
                                                             Action                       Date        FR Cite
     reload kits consisting of or containing                                                                       Justice, Bureau of Alcohol, Tobacco,
     ammonium perchlorate composite                          NPRM                     05/00/05                     Firearms, and Explosives, 650
     propellant (APCP), black powder, or                                                                           Massachusetts Avenue NW,
                                                             Regulatory Flexibility Analysis                       Washington, DC 20226
     other similar low explosives.                           Required: No                                          Phone: 202 927–8203
                                                             Government Levels Affected: None                      RIN: 1140–AA24


     Department of Justice (DOJ)                                                                                                             Final Rule Stage
     Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)

     1893. IDENTIFICATION MARKINGS                           1894. COMMERCE IN EXPLOSIVES—                         Legal Deadline: None
     PLACED ON IMPORTED EXPLOSIVE                            EXPLOSIVE PEST CONTROL DEVICES
     MATERIALS                                                                                                     Abstract: The Omnibus Consolidated
                                                             Priority: Substantive, Nonsignificant                 Appropriations Act of 1997 contains
     Priority: Substantive, Nonsignificant                   Legal Authority: 18 USC 847                           amendments to the Gun Control Act of
     Legal Authority: 18 USC 847                                                                                   1968 (18 U.S.C. chapter 44). These
                                                             CFR Citation: 27 CFR 555
     CFR Citation: 27 CFR 555                                                                                      amendments add to the category of
                                                             Legal Deadline: None                                  ‘‘prohibited persons’’ anyone convicted
     Legal Deadline: None
                                                             Abstract: ATF is proposing to amend                   of a ‘‘misdemeanor crime of domestic
     Abstract: ATF is proposing to amend                     the explosive regulations to provide a                violence.’’ The amendments require
     the regulations to require licensed                     limited exemption from the                            individuals acquiring handguns from
     importers to identify by marking all                    requirements of part 555 for wildlife                 Federal firearms licensees to certify (in
     imported explosive materials. ATF is                    pest control devices that are used for
     also proposing to incorporate into the                                                                        accordance with the Brady Handgun
                                                             agricultural and other pest control                   Violence Prevention Act) that they have
     regulations the provisions of ATF                       operations.
     Ruling 75-35, relating to methods of                                                                          not been convicted of such a crime.
     marking containers of explosive                         Timetable:                                            The amendments also provide for sales
     materials. In addition, ATF is                          Action                       Date        FR Cite      between Federal firearms licensees of
     proposing to amend the regulations to                                                                         curio and relic firearms away from their
                                                             NPRM                     01/29/03 68 FR 4402          licensed premises.
     remove the requirement that a licensee
                                                             NPRM Comment             02/28/03
     or permittee file for an amended license                  Period End
     or permit in order to change the class                                                                        Timetable:
                                                             Final Action             04/00/05
     of explosive materials described in                                                                           Action                     Date        FR Cite
     their license or permit from a lower to                 Regulatory Flexibility Analysis
     a higher classification.                                Required: No                                          NPRM                     06/30/98 63 FR 35551
                                                                                                                   Interim Final Rule       06/30/98 63 FR 35520
     Timetable:                                              Small Entities Affected: No
                                                                                                                   NPRM Comment             09/28/98
     Action                     Date          FR Cite        Government Levels Affected: None                         Period End
     ANPRM                    11/13/00 65 FR 67669           Additional Information: Transferred                   Final Action             06/00/05
     ANPRM Comment            01/12/01                       from RIN 1512-AC80
       Period End
                                                                                                                   Regulatory Flexibility Analysis
                                                             Agency Contact: James Ficaretta,                      Required: No
     NPRM                     10/16/02 67 FR 63862           Program Manager, Department of
     NPRM Comment             01/14/03                                                                             Government Levels Affected: None
                                                             Justice, Bureau of Alcohol, Tobacco,
       Period End
                                                             Firearms, and Explosives, 650
     Final Action             03/00/05                                                                             Additional Information: Transferred
                                                             Massachusetts Avenue NW,
     Regulatory Flexibility Analysis                         Washington, DC 20226                                  from RIN 1512-AB64
     Required: No                                            Phone: 202 927–8203
                                                                                                                   Agency Contact: James Ficaretta,
     Government Levels Affected: None                        RIN: 1140–AA03                                        Program Manager, Department of
     Additional Information: Transferred                                                                           Justice, Bureau of Alcohol, Tobacco,
     from RIN 1512-AC25                                                                                            Firearms, and Explosives, 650
                                                             1895. COMMERCE IN FIREARMS AND
     Agency Contact: James Ficaretta,                        AMMUNITION (OMNIBUS                                   Massachusetts Avenue NW,
     Program Manager, Department of                          CONSOLIDATED APPROPRIATIONS                           Washington, DC 20226
     Justice, Bureau of Alcohol, Tobacco,                    ACT OF 1997)                                          Phone: 202 927–8203
     Firearms, and Explosives, 650
                                                             Priority: Substantive, Nonsignificant                 RIN: 1140–AA04
     Massachusetts Avenue NW,
     Washington, DC 20226                                    Legal Authority: 18 USC 847; 18 USC
     Phone: 202 927–8203                                     921 to 931
     RIN: 1140–AA02                                          CFR Citation: 27 CFR 478




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                         Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                  73423

     Department of Justice (DOJ)                                                                                                         Long-Term Actions
     Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)

     1896. IMPLEMENTATION OF THE                             Action                       Date        FR Cite      1901. PUBLIC LAW 105–277, MAKING
     SAFE EXPLOSIVES ACT, TITLE XI,                                                                                OMNIBUS CONSOLIDATED AND
     SUBTITLE C, OF PUBLIC LAW                               Interim Final Rule       04/21/97 62 FR 19442         EMERGENCY SUPPLEMENTAL
     107–296                                                 NPRM Comment             07/21/97                     APPROPRIATIONS FOR FY ‘99
                                                                Period End                                         RELATING TO FIREARMS
     Priority: Other Significant                             Interim Final Rule       07/21/97                     DISABILITIES FOR NONIMMIGRANT
     CFR Citation: 27 CFR 555                                   Comment Period
                                                                End
                                                                                                                   ALIENS
     Timetable:                                              Final Action             12/00/05                     Priority: Substantive, Nonsignificant
     Action                     Date          FR Cite        Regulatory Flexibility Analysis                       CFR Citation: 27 CFR 478
     Interim Final Rule       03/20/03 68 FR 13768           Required: No                                          Timetable:
     Interim Final Rule       06/18/03                       Government Levels Affected: None
        Comment Period                                                                                             Action                    Date        FR Cite
        End                                                  Agency Contact: James Ficaretta                       NPRM                    02/05/02 67 FR 5428
     Final Action             12/00/05                       Phone: 202 927–8203                                   Interim Final Rule      02/05/02 67 FR 5422
     Regulatory Flexibility Analysis                         RIN: 1140–AA05                                        NPRM Comment            05/06/02
     Required: No                                                                                                     Period End
                                                                                                                   Interim Final Rule      05/06/02
     Government Levels Affected: None                        1899. IMPLEMENTATION OF PUBLIC                           Comment Period
     Agency Contact: James P. Ficaretta                      LAW 104–208, THE OMNIBUS                                 End
     Phone: 202 927–8203                                     CONSOLIDATED APPROPRIATIONS                           Final Rule              12/00/05
                                                             ACT OF 1997, RELATING TO THE                          Regulatory Flexibility Analysis
     RIN: 1140–AA00
                                                             ESTABLISHMENT OF A NATIONAL                           Required: No
                                                             REPOSITORY FOR ARSON AND
     1897. COMMERCE IN EXPLOSIVES                            EXPLOSIVES INFORMATION                                Small Entities Affected: No
     (INCLUDING EXPLOSIVES IN THE                            Priority: Substantive, Nonsignificant                 Government Levels Affected: None
     FIREWORKS INDUSTRY)                                                                                           Agency Contact: James Ficaretta
     (RULEMAKING RESULTING FROM A                            CFR Citation: 27 CFR 555
                                                                                                                   Phone: 202 927–8203
     SECTION 610 REVIEW)                                     Timetable:                                            RIN: 1140–AA08
     Priority: Other Significant                             Action                       Date        FR Cite
     CFR Citation: 27 CFR 555                                NPRM                     11/15/01 66 FR 57404         1902. IMPLEMENTATION OF PUBLIC
     Timetable:                                              NPRM Comment             02/13/02                     LAW 105–277 RELATING TO SECURE
                                                               Period End                                          GUN STORAGE
     Action                     Date          FR Cite        Final Rule               12/00/05
     General Notice of        01/10/97 62 FR 1386                                                                  Priority: Substantive, Nonsignificant
                                                             Regulatory Flexibility Analysis
       Regulatory Review                                                                                           CFR Citation: 27 CFR 478
                                                             Required: No
     NPRM                     01/29/03 68 FR 4406
                                                                                                                   Timetable:
     NPRM Comment             04/29/03                       Small Entities Affected: No
       Period End                                                                                                  Action                    Date        FR Cite
                                                             Government Levels Affected: Federal
     NPRM Comment             06/23/03 68 FR 37109                                                                 NPRM                    12/00/05
       Period Reopened                                       Agency Contact: James Ficaretta
     NPRM Reopened            07/07/03                       Phone: 202 927–8203                                   Regulatory Flexibility Analysis
       Comment Period                                                                                              Required: No
       End                                                   RIN: 1140–AA06
                                                                                                                   Small Entities Affected: No
     Final Action             01/00/06
                                                             1900. IMPLEMENTATION OF PUBLIC                        Government Levels Affected: None
     Regulatory Flexibility Analysis
     Required: No                                            LAW 106–58, TREASURY AND                              Agency Contact: James Ficaretta
                                                             GENERAL GOVERNMENT                                    Phone: 202 927–8203
     Government Levels Affected: None                        APPROPRIATIONS ACT, 2000                              RIN: 1140–AA10
     Agency Contact: James Ficaretta
                                                             Priority: Substantive, Nonsignificant
     Phone: 202 927–8203
                                                             CFR Citation: 27 CFR 478                              1903. IMPLEMENTATION OF THE
     RIN: 1140–AA01
                                                             Timetable:                                            SAFE EXPLOSIVES ACT, TITLE XI,
                                                                                                                   SUBTITLE C, OF PUBLIC LAW
     1898. RESIDENCY REQUIREMENT                             Action                       Date        FR Cite      107–296—DELIVERY OF EXPLOSIVE
     FOR PERSONS ACQUIRING                                   NPRM                     12/00/05                     MATERIALS BY COMMON OR
     FIREARMS                                                                                                      CONTRACT CARRIER
                                                             Regulatory Flexibility Analysis
     Priority: Other Significant                             Required: No                                          Priority: Other Significant
     CFR Citation: 27 CFR 478                                Government Levels Affected: None                      CFR Citation: 27 CFR 555
     Timetable:                                              Agency Contact: James Ficaretta                       Timetable:
     Action                     Date          FR Cite        Phone: 202 927–8203                                   Action                    Date        FR Cite
     NPRM                     04/21/97 62 FR 19446           RIN: 1140–AA07                                        Interim Final Rule      09/11/03 68 FR 53509



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     73424               Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     DOJ—ATF                                                                                                                             Long-Term Actions


     Action                     Date          FR Cite        Agency Contact: James P. Ficaretta                    Timetable: Next Action Undetermined
                                                             Phone: 202 927–8203
     Interim Final Rule       09/11/03                                                                             Regulatory Flexibility Analysis
        Effective                                            RIN: 1140–AA20                                        Required: No
     Interim Final Rule       10/14/03
        Comment Period
                                                             1904. WAIVER FOR FIREARM                              Small Entities Affected: No
        End
                                                             PROHIBITION ON NONIMMIGRANT                           Government Levels Affected: None
     Final Action             12/00/05
                                                             VISA HOLDERS
     Regulatory Flexibility Analysis                                                                               Agency Contact: James P. Ficaretta
     Required: No                                            Priority: Substantive, Nonsignificant.
                                                             Major status under 5 USC 801 is                       Phone: 202 927–8203
     Small Entities Affected: No                             undetermined.
                                                                                                                   RIN: 1140–AA21
     Government Levels Affected: None                        CFR Citation: 27 CFR 478


     Department of Justice (DOJ)                                                                                                     Proposed Rule Stage
     Drug Enforcement Administration (DEA)

     1905. GUIDELINES FOR PROVIDING                          1906. ELECTRONIC PRESCRIPTIONS                        proposing to revise its regulations to
     CONTROLLED SUBSTANCES TO                                FOR CONTROLLED SUBSTANCES                             provide the option of ordering
     OCEAN VESSELS                                           Priority: Substantive, Nonsignificant                 Schedule I and II controlled substances
                                                                                                                   electronically in a manner consistent
     Priority: Substantive, Nonsignificant                   Legal Authority: 21 USC 821; 21 USC                   with the requirements of the Controlled
                                                             829; 21 USC 871(b)                                    Substances Act (CSA) (21 U.S.C. 801
     Legal Authority: 21 USC 871(b)
                                                             CFR Citation: 21 CFR 1306                             et seq.)
     CFR Citation: 21 CFR 1301                               Legal Deadline: None                                  Timetable:
     Legal Deadline: None                                    Abstract: DEA is proposing to revise                  Action                    Date        FR Cite
                                                             its regulations to permit DEA-registered              ANPRM                   03/05/01 66 FR 13274
     Abstract: DEA is amending its                           prescribers to electronically write, sign,            NPRM                    12/00/04
     regulations regarding the supply of                     and transmit prescriptions. These                     NPRM Comment            03/00/05
     controlled substances to ocean vessels                  proposed regulations would be an                       Period End
     to provide a means of supply more                       addition to, not a replacement of, the
     consistent with current industry                                                                              Regulatory Flexibility Analysis
                                                             existing rules. These regulations are                 Required: Yes
     practices for other materials.                          needed to give pharmacies, hospitals,
                                                             and practitioners the ability to use                  Small Entities Affected: Businesses
     Timetable:
                                                             modern technology for controlled                      Government Levels Affected: None
     Action                     Date          FR Cite        substance prescriptions, while                        Additional Information: DEA-214
     ANPRM                    09/18/96 61 FR 49086           maintaining the closed system of
                                                             distribution of controlled substances                 URL For Public Comments:
     ANPRM Comment            11/18/96                                                                             dea.diversion.policy@usdoj.gov
      Period End                                             dispensing. The proposed regulations
     NPRM                     12/00/04                       would reduce paperwork and                            Agency Contact: Patricia M. Good,
     NPRM Comment             02/00/05                       transaction times for DEA registrants                 Chief, Liaison and Policy Section,
      Period End                                             who dispense or prescribe controlled                  Department of Justice, Drug
                                                             substances. The proposed regulations                  Enforcement Administration, Office of
     Regulatory Flexibility Analysis                         would also reduce the number of                       Diversion Control, Washington, DC
     Required: No                                            prescription errors caused by illegible               20537
                                                             handwriting and misunderstood oral                    Phone: 202 307–7297
     Small Entities Affected: No
                                                             prescriptions. They would allow                       Related RIN: Related to 1117–AA60
     Government Levels Affected: None                        pharmacies and hospitals to integrate
                                                                                                                   RIN: 1117–AA61
                                                             prescription records into other medical
     Additional Information: DEA-142                         records more directly, increasing
                                                             efficiency, and would reduce the time                 1907. REORGANIZATION AND
     URL For Public Comments:                                patients spend waiting to have                        CLARIFICATION OF DEA
     dea.diversion.policy@usdoj.gov                          prescriptions filled. These proposed                  REGULATIONS
     Agency Contact: Patricia M. Good,                       regulations are consistent with                       Priority: Substantive, Nonsignificant
     Chief, Liaison and Policy Section,                      paperwork reduction mandates. These
                                                             proposed regulations also respond to                  Legal Authority: 21 USC 871(b)
     Department of Justice, Drug
     Enforcement Administration, Office of                   the requirements of Public Law 106-                   CFR Citation: 21 CFR 1300; 21 CFR
     Diversion Control, Washington, DC                       229, the ‘‘Electronic Signatures in                   1301; 21 CFR 1302; 21 CFR 1303; 21
     20537                                                   Global and National Commerce Act,’’                   CFR 1304; 21 CFR 1305; 21 CFR 1306;
     Phone: 202 307–7297                                     while ensuring security and                           21 CFR 1307; 21 CFR 1308; 21 CFR
                                                             authentication. In a separate related                 1309; 21 CFR 1310; 21 CFR 1312; 21
     RIN: 1117–AA40                                          rulemaking (RIN 1117-AA60), DEA is                    CFR 1313; . . .


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                         Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                  73425

     DOJ—DEA                                                                                                                        Proposed Rule Stage


     Legal Deadline: None                                    mixtures (see RIN 1117-AA31). GBL is                  AA31). These three List I chemicals are
     Abstract: DEA is proposing a revision                   used in the illicit manufacture of GHB,               used industrially and have multiple
     and reorganization of title 21, Code of                 a Schedule I controlled substance.                    commercial purposes. They are also
     Federal Regulations, chapter II. These                  Timetable:                                            used in the illicit production of
     regulations relate to the manufacture,                                                                        methamphetamine and amphetamine.
                                                             Action                       Date        FR Cite      Information sought will help determine
     distribution, dispensing, importation,
     and exportation of controlled                           ANPRM                    07/19/02 67 FR 47493         whether there are chemical mixtures
     substances and the manufacture,                         Correction               08/19/02 67 FR 53842         containing red phosphorus, white
     distribution, importation, and                          Correction               09/05/02 67 FR 56776         phosphorus, and hypophosphorous
     exportation of listed chemicals. This                   ANPRM Comment            09/17/02                     acid (and its salts), which should be
     action is being taken to further clarify                  Period End                                          exempt from the regulations governing
     and reorganize the current regulations.                 NPRM                     05/00/05                     listed chemicals.
     The regulations will be drafted in plain                NPRM Comment             07/00/05                     Timetable:
     language to make them easier to                           Period End
                                                                                                                   Action                    Date        FR Cite
     understand.                                             Regulatory Flexibility Analysis
                                                             Required: No                                          ANPRM                   01/31/03 68 FR 4968
     Timetable:
                                                                                                                   ANPRM Comment           04/01/03
     Action                     Date          FR Cite
                                                             Small Entities Affected: No                            Period End
                                                             Government Levels Affected: None                      NPRM                    05/00/05
     NPRM                     07/00/05
                                                             Additional Information: DEA-222                       NPRM Comment            07/00/05
     NPRM Comment             09/00/05
                                                                                                                    Period End
      Period End                                             URL For Public Comments:
     Regulatory Flexibility Analysis                         dea.diversion.policy@usdoj.gov                        Regulatory Flexibility Analysis
     Required: No                                                                                                  Required: No
                                                             Agency Contact: Christine A.
     Small Entities Affected: No                             Sannerud Ph.D., Chief, Drug and                       Small Entities Affected: No
     Government Levels Affected: None                        Chemical Evaluation Section, Office of                Government Levels Affected: None
                                                             Diversion Control, Department of                      Additional Information: DEA-228
     Additional Information: DEA-221                         Justice, Drug Enforcement
     URL For Public Comments:                                Administration, Washington, DC 20537                  URL For Public Comments:
     dea.diversion.policy@usdoj.gov                          Phone: 202 307–7183                                   dea.diversion.policy@usdoj.gov
     Agency Contact: Patricia M. Good,                       Related RIN: Related to 1117–AA31,                    Agency Contact: Christine Sannerud,
     Chief, Liaison and Policy Section,                      Related to 1117–AA52                                  Chief, Drug and Chemical Evaluation
     Department of Justice, Drug                                                                                   Section, Department of Justice, Drug
                                                             RIN: 1117–AA64                                        Enforcement Administration, Office of
     Enforcement Administration, Office of
     Diversion Control, Washington, DC                                                                             Diversion Control, Washington, DC
     20537                                                   1909. CHEMICAL MIXTURES                               20537
     Phone: 202 307–7297                                     CONTAINING LISTED FORMS OF                            Phone: 202 307–7183
                                                             PHOSPHORUS                                            Related RIN: Related to 1117–AA31,
     RIN: 1117–AA63
                                                             Priority: Other Significant                           Related to 1117–AA57
                                                             Legal Authority: 21 USC 802; 21 USC                   RIN: 1117–AA66
     1908. CHEMICAL MIXTURES
     CONTAINING                                              830; 21 USC 871(b)
     GAMMA–BUTYROLACTONE                                     CFR Citation: 21 CFR 1310                             1910. CHEMICAL REGISTRATION AND
     Priority: Substantive, Nonsignificant                   Legal Deadline: None                                  REREGISTRATION FEES
     Legal Authority: 21 USC 802; 21 USC                     Abstract: In a previous rulemaking,                   Priority: Substantive, Nonsignificant
     830; 21 USC 871(b)                                      (RIN 1117-AA57) DEA made red                          Legal Authority: 21 USC 821; 21 USC
     CFR Citation: 21 CFR 1310                               phosphorus, white phosphorus, and                     830; 21 USC 871(b); 21 USC 958
                                                             hypophosphorous acid (and its salts)                  CFR Citation: 21 CFR 1309
     Legal Deadline: None                                    List I chemicals. By this rulemaking
     Abstract: In previous rulemakings,                      (1117-AA66), DEA is requesting                        Legal Deadline: None
     DEA made gamma-butyrolactone (GBL)                      information from interested parties to                Abstract: On December 1, 1999, DEA
     a List I chemical and established                       propose regulations governing chemical                published a Notice of Proposed
     thresholds for transactions involving                   mixtures containing the List I                        Rulemaking (see RIN 1117-AA50)
     this chemical. DEA has requested                        chemicals red phosphorus, white                       regarding its chemical registration and
     information from interested persons in                  phosphorus, and hypophosphorous                       reregistration fees. Subsequent to
     order to establish regulations governing                acid (and its salts). Currently, all                  publication of this rule, DEA’s
     chemical mixtures containing gamma-                     chemical mixtures containing red                      investigative activities increased. As
     butyrolactone (GBL), a List I chemical.                 phosphorus, white phosphorus, and                     has been previously noted elsewhere,
     Currently, all chemical mixtures                        hypophosphorous acid (and its salts)                  costs for investigative activities
     containing GBL are exempt from                          are exempt from regulation. These                     including, but not limited to, extensive
     regulation. These mixtures will remain                  mixtures will remain exempt until                     investigation and collection of
     exempt until publication of                             publication of rulemakings regarding                  documentation of violative practices by
     rulemakings regarding chemical                          chemical mixtures (see RIN 1117-                      registrants, attorney review and


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     73426               Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     DOJ—DEA                                                                                                                        Proposed Rule Stage


     preparation by DEA’s Office of Chief                    who practices and is registered in one                dea.diversion.policy@usdoj.gov
     Counsel, staff and attorney time to                     State seeks to practice and prescribe                 Agency Contact: Christine A.
     prepare for proceedings to deny or                      controlled substances in another State,               Sannerud Ph.D., Chief, Drug and
     revoke a registration, and                              he/she must obtain a separate DEA                     Chemical Evaluation Section, Office of
     Administrative Law Judge and staff to                   registration for the subsequent State.                Diversion Control, Department of
     conduct registration denial hearings                    Timetable:                                            Justice, Drug Enforcement
     were not included in previous fee                                                                             Administration, Washington, DC 20537
     calculations. Due to the increased costs                Action                       Date        FR Cite
                                                                                                                   Phone: 202 307–7183
     associated with these investigative                     NPRM                     12/00/04
     activities, DEA is reevaluating the costs               NPRM Comment             02/00/05                     RIN: 1117–AA90
     of the chemical control program and                      Period End
     calculating new fees to incorporate                     Regulatory Flexibility Analysis                       1913. ELECTRONIC APPLICATION
     these increased costs.                                  Required: No                                          FOR CONTROLLED SUBSTANCES
     Timetable:                                                                                                    AND LISTED CHEMICAL
                                                             Small Entities Affected: No
     Action                     Date          FR Cite                                                              REGISTRATION: TECHNICAL
                                                             Government Levels Affected: None                      AMENDMENTS
     NPRM                     06/00/05
                                                             Additional Information: DEA-224                       Priority: Substantive, Nonsignificant
     NPRM Comment             08/00/05
      Period End                                             URL For Public Comments:                              Legal Authority: 21 USC 821; 21 USC
                                                             dea.diversion.policy@usdoj.gov                        822; 21 USC 823; 21 USC 824; 21 USC
     Regulatory Flexibility Analysis
     Required: No                                            Agency Contact: Patricia M. Good,                     830; 21 USC 871(b); 21 USC 875; 21
                                                             Chief, Liaison and Policy Section,                    USC 877; 21 USC 958
     Small Entities Affected: No
                                                             Department of Justice, Drug                           CFR Citation: 21 CFR 1301; 21 CFR
     Government Levels Affected: None                        Enforcement Administration, Office of                 1309
     Additional Information: DEA-235                         Diversion Control, Washington, DC
                                                             20537                                                 Legal Deadline: None
     URL For Public Comments:
                                                             Phone: 202 307–7297                                   Abstract: DEA is amending its
     dea.diversion.policy@usdoj.gov
                                                             RIN: 1117–AA89                                        regulations to acknowledge the use of
     Agency Contact: Patricia M. Good,                                                                             the electronic equivalent to the DEA
     Chief, Liaison and Policy Section,                                                                            official paper registration application
     Department of Justice, Drug                             1912. CONTROL OF SODIUM                               forms, which are legally required for
     Enforcement Administration, Office of                   PERMANGANATE AS A LIST II                             every person who manufactures,
     Diversion Control, Washington, DC                       CHEMICAL                                              distributes, dispenses, imports, or
     20537                                                                                                         exports any controlled substance. The
                                                             Priority: Substantive, Nonsignificant
     Phone: 202 307–7297                                                                                           use of electronic application forms will
                                                             Legal Authority: 21 USC 802; 21 USC
     Related RIN: Related to 1117–AA50                                                                             reduce paperwork and transaction
                                                             830; 21 USC 871(b); 21 USC 890
     RIN: 1117–AA72                                                                                                times for DEA registrants who choose
                                                             CFR Citation: 21 CFR 1310                             to apply for controlled substances
                                                             Legal Deadline: None                                  registration electronically. Electronic
     1911. CLARIFICATION OF                                                                                        application for registration is in
     REGISTRATION REQUIREMENTS FOR                           Abstract: DEA is proposing the                        addition to, not a replacement of, the
     INDIVIDUAL PRACTITIONERS                                addition of sodium permanganate as a                  current paper-based application system.
                                                             List II chemical because of its direct
     Priority: Substantive, Nonsignificant                   substitutability for the List II chemical             Timetable:
     Legal Authority: 21 USC 821 ; 21 USC                    potassium permanganate in the illicit                 Action                    Date        FR Cite
     822; 21 USC 823; 21 USC 824; 21 USC                     production of cocaine. The rulemaking
     871 (b); . . .                                                                                                NPRM                    02/00/05
                                                             also proposes that a threshold of 55
                                                                                                                   NPRM Comment            04/00/05
     CFR Citation: 21 CFR 1301                               kilograms and 500 kilograms be
                                                                                                                    Period End
                                                             established for domestic and
     Legal Deadline: None                                    international transactions, respectively.             Regulatory Flexibility Analysis
     Abstract: DEA is publishing this rule                                                                         Required: No
                                                             Timetable:
     to clarify its registration requirements                                                                      Small Entities Affected: No
     regarding practitioners practicing in                   Action                       Date        FR Cite
     more than one State. There is confusion                 NPRM                     02/00/05
                                                                                                                   Government Levels Affected: None
     within the regulated industry regarding                 NPRM Comment             04/00/05                     Additional Information: DEA-256
     whether a practitioner who practices                     Period End
     and is registered in one State and                                                                            URL For Public Comments:
                                                             Regulatory Flexibility Analysis                       dea.diversion.policy@usdoj.gov
     wishes to practice and prescribe in
                                                             Required: No
     another State must register with DEA                                                                          Agency Contact: Patricia M. Good,
     in the second State. To address the                     Small Entities Affected: No                           Chief, Liaison and Policy Section,
     confusion caused by the regulation as                   Government Levels Affected: None                      Department of Justice, Drug
     currently written, DEA is proposing to                                                                        Enforcement Administration, Office of
     amend its regulations to make it clear                  Additional Information: DEA-254                       Diversion Control, Washington, DC
     that when an individual practitioner                    URL For Public Comments:                              20537


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                         Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                   73427

     DOJ—DEA                                                                                                                            Proposed Rule Stage


     Phone: 202 307–7297                                     Regulatory Flexibility Analysis                       persons handling regulated transactions
                                                             Required: No                                          of iodine will need to be registered
     RIN: 1117–AA91
                                                             Small Entities Affected: No                           with the Drug Enforcement
                                                                                                                   Administration.
     1914. REVISION OF REPORTING                             Government Levels Affected: None
                                                                                                                   This NPRM proposes regulatory
     REQUIREMENTS FOR IMPORTS AND                            Additional Information: DEA-255                       controls that will apply to iodine
     EXPORTS OF LIST I AND LIST II                                                                                 crystals and iodine chemical mixtures
     CHEMICALS                                               URL For Public Comments:
                                                             dea.diversion.policy@usdoj.gov                        which contain greater than 2.2 percent
     Priority: Substantive, Nonsignificant                                                                         iodine. This regulation will therefore
                                                             Agency Contact: Patricia M. Good,                     control iodine crystals and strong
     Legal Authority: 21 USC 802; 21 USC                     Chief, Liaison and Policy Section,                    iodine tinctures/solutions (e.g., 7
     830; 21 USC 871(b); 21 USC 971                          Department of Justice, Drug                           percent iodine) that do not have
     CFR Citation: 21 CFR 1313                               Enforcement Administration, Office of                 common household uses and instead
                                                             Diversion Control, Washington, DC                     have limited application in livestock,
     Legal Deadline: None                                    20537                                                 horses and for disinfection of
     Abstract: DEA is modifying its                          Phone: 202 307–7297                                   equipment. Household products, such
     regulations to require importers and                    RIN: 1117–AA92                                        as 2 percent iodine tincture/solution
     exporters of List I and List II chemicals                                                                     and household disinfectants containing
     to submit a DEA Form 486 upon                                                                                 iodine complexes, will not be adversely
     completion of an import or export                       1915. ∑ CHANGES IN THE
                                                                                                                   impacted by this regulation.
     transaction so as to reflect the exact                  REGULATION OF IODINE AND ITS
     amount shipped/received and any                         CHEMICAL MIXTURES                                     Timetable:
     import or export amendments to certain                  Priority: Substantive, Nonsignificant                 Action                     Date        FR Cite
     fields on the Form 486. If no                                                                                 NPRM                     04/00/05
                                                             Legal Authority: 21 USC 802; 21 USC
     amendments were made to the                                                                                   NPRM Comment             06/00/05
                                                             830; 21 USC 871(b); 21 USC 890
     information contained in the original                                                                          Period End
     Form 486, then no subsequent Form                       CFR Citation: 21 CFR 1310
     486 need be submitted. The                                                                                    Regulatory Flexibility Analysis
                                                             Legal Deadline: None                                  Required: No
     amendments will provide for accurate
     reporting of actual amounts of List I                   Abstract: This Federal Register Notice                Small Entities Affected: No
     and List II chemicals imported into and                 proposes changes to the regulation of
                                                             the listed chemical iodine. The                       Government Levels Affected: None
     exported from the United States. These
     reports will ensure the proper                          proposed regulatory changes are to 1)                 Additional Information: DEA-257
     documentation and reporting necessary                   move iodine from list II into list I, 2)
                                                             remove the exemption for import and                   URL For Public Comments:
     to meet United Nations reporting                                                                              dea.diversion.policy@usdoj.gov
     requirements and to prevent diversion                   export transactions in iodine, 3) remove
     of such listed chemicals to illegal                     the threshold for iodine, and 4)                      Agency Contact: Christine A.
     purposes.                                               establish a concentration limit of 2.2%               Sannerud Ph.D., Chief, Drug and
                                                             for the automatic exemption of                        Chemical Evaluation Section, Office of
     Timetable:                                              chemical mixtures containing iodine.                  Diversion Control, Department of
     Action                     Date          FR Cite        These proposed changes are expected                   Justice, Drug Enforcement
                                                             to remove deficiencies in the current                 Administration, Washington, DC 20537
     NPRM                     05/00/05
                                                             regulatory controls, which have been                  Phone: 202 307–7183
     NPRM Comment             07/00/05
      Period End                                             exploited by traffickers. If finalized,               RIN: 1117–AA93

     Department of Justice (DOJ)                                                                                                             Final Rule Stage
     Drug Enforcement Administration (DEA)

     1916. DEFINITION AND                                    customers, accepted returns of                        resources expended by DEA and
     REGISTRATION OF REVERSE                                 outdated/damaged merchandise. Also,                   manufacturers, DEA is establishing this
     DISTRIBUTORS                                            agencies such as DEA and State Boards                 essential link in the legitimate
     Priority: Substantive, Nonsignificant                   of Pharmacy accepted surrendered                      distribution chain.
                                                             drugs or witnessed their disposal by
     Legal Authority: 21 USC 821; 21 USC                     controlled substance registrants. Over                Timetable:
     822; 21 USC 823; 21 USC 824; 21 USC                     the past several years, environmental                 Action                     Date        FR Cite
     871(b); 21 USC 875; 21 USC 877                          concerns and regulations have
                                                             eliminated many of the disposal                       NPRM                     08/23/95 60 FR 43732
     CFR Citation: 21 CFR 1301
                                                             options that had been available. As a                 NPRM Comment             10/23/95
     Legal Deadline: None                                    result, drug producers and government                    Period End
     Abstract: In years past, most                           agencies alike are increasingly reluctant             Interim Final Rule       07/11/03 68 FR 41222
     pharmaceutical manufacturers and                        to be involved in the disposal process.               Interim Final Rule       08/11/03
     wholesalers, as a service to their                      Due to these factors and the time and                    Effective



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     73428               Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     DOJ—DEA                                                                                                                               Final Rule Stage


     Action                     Date          FR Cite        Regulatory Flexibility Analysis                       costs for investigative activities have
                                                             Required: No                                          not been included in previous fees.
     Interim Final Rule       09/09/03                                                                             Specifically, costs for investigative
        Comment Period                                       Small Entities Affected: No
                                                                                                                   activities including, but not limited to,
        End                                                  Government Levels Affected: None                      extensive investigation and collection
     Final Action             12/00/04
                                                             Additional Information: DEA-137                       of documentation of violative practices
     Regulatory Flexibility Analysis                                                                               by registrants, attorney review and
                                                             TRANSFERRED RIN: This rulemaking
     Required: No                                                                                                  preparation by DEA’s Office of Chief
                                                             RIN 1117-AA31 (a former ‘‘parent’’
     Government Levels Affected: None                                                                              Counsel, staff and attorney time to
                                                             RIN) continues the ‘‘child’’ rulemaking
                                                                                                                   prepare for proceedings to deny or
     Additional Information: DEA-108                         previously listed in its timetable as RIN
                                                                                                                   revoke a registration, and
                                                             1117-AA76. Former RIN 1117-AA76
     Agency Contact: Patricia M. Good,                                                                             Administrative Law Judge and staff to
                                                             was transferred to RIN 1117-AA31
     Chief, Liaison and Policy Section,                                                                            conduct registration denial hearings
                                                             because the computer system used by
     Department of Justice, Drug                                                                                   were not included in previous fee
                                                             the Regulatory Information Service
     Enforcement Administration, Office of                                                                         calculations. Costs for these
                                                             Center (RISC) to compile the Unified
     Diversion Control, Washington, DC                                                                             investigative activities have risen as
                                                             Agenda no longer supports ‘‘parent’’
     20537                                                                                                         DEA activities have increased
                                                             and ‘‘child’’ RINs. This rulemaking is
     Phone: 202 307–7297                                                                                           necessitating the re-evaluation of this
                                                             not a new action.
                                                                                                                   user fee. Based on these concerns, DEA
     RIN: 1117–AA19                                          Agency Contact: Christine A.                          will be publishing a notice to formally
                                                             Sannerud Ph.D., Chief, Drug and                       withdraw the rulemaking. For purposes
                                                             Chemical Evaluation Section, Office of                of clarity, DEA will withdraw this
     1917. EXEMPTION OF CHEMICAL
                                                             Diversion Control, Department of                      rulemaking at the same time as it
     MIXTURES
                                                             Justice, Drug Enforcement                             publishes a new NPRM fee rule (see
     Priority: Other Significant                             Administration, Washington, DC 20537                  RIN 1117-AA72).
                                                             Phone: 202 307–7183
     Legal Authority: 21 USC 802; 21 USC                                                                           Timetable:
     830; 21 USC 871(b)                                      RIN: 1117–AA31
                                                                                                                   Action                    Date        FR Cite
     CFR Citation: 21 CFR 1310                                                                                     NPRM                    12/01/99 64 FR 67216
                                                             1918. CHEMICAL REGISTRATION AND                       NPRM Comment            01/31/00
     Legal Deadline: None
                                                             REREGISTRATION FEES                                     Period End
     Abstract: The Domestic Chemical                                                                               Notice Withdrawing      06/00/05
                                                             Priority: Other Significant
     Diversion Control Act of 1993 removed                                                                           Rulemaking
     the exemption from regulation for                       Legal Authority: 21 USC 821; 21 USC
                                                             822; 21 USC 823; 21 USC 824; 21 USC                   Regulatory Flexibility Analysis
     chemical mixtures. Chemical mixtures
                                                             830; 21 USC 871 (b); 21 USC 875; 21                   Required: No
     are now regulated, unless specifically
     exempted by the Administrator. In the                   USC 877; 21 USC 958                                   Government Levels Affected: None
     proposed rule regarding the                             CFR Citation: 21 CFR 1309                             Additional Information: DEA-185
     implementation of the Domestic
                                                             Legal Deadline: None                                  Agency Contact: Patricia M. Good,
     Chemical Diversion Control Act of
                                                                                                                   Chief, Liaison and Policy Section,
     1993, DEA proposed regulations                          Abstract: In December 1999, the Drug
                                                                                                                   Department of Justice, Drug
     regarding exemption of chemical                         Enforcement Administration (DEA)
                                                                                                                   Enforcement Administration, Office of
     mixtures. Based on industry comments,                   proposed to amend its application fees
                                                                                                                   Diversion Control, Washington, DC
     the proposed regulations were                           for registration and reregistration of
                                                                                                                   20537
     subsequently withdrawn for                              manufacturers, distributors, importers,
                                                                                                                   Phone: 202 307–7297
     reassessment and consultation with                      and exporters of List I chemicals, as
     industry. Based on extensive                            authorized by section 3(a) of the                     Related RIN: Related to 1117–AA72
     consultations with industry, DEA has                    Domestic Chemical Diversion Control                   RIN: 1117–AA50
     published proposed regulations                          Act of 1993 (DCDCA), reducing the fees
     intended to establish the least possible                from $595.00 to $326.00 for initial
     burden on industry while remaining                      registration, and the reregistration fees             1919. ELECTRONIC ORDERS FOR
     consistent with the requirements of the                 from $477.00 to $171.00. Fees for retail              SCHEDULE I AND II CONTROLLED
     law. Comments received on the                           registrants were proposed to increase                 SUBSTANCES
     proposed regulations are currently                      from $255.00 to $326.00 for                           Priority: Substantive, Nonsignificant
     being reviewed.                                         registration, and from $116.00 to                     Legal Authority: 21 USC 821; 21 USC
                                                             $171.00 for reregistration. Office of                 827; 21 USC 828; 21 USC 871(b); 21
     Timetable:
                                                             Management and Budget Circular A-25                   USC 958(e); 21 USC 965
     Action                     Date          FR Cite        requires a periodic review of user
                                                             charges for agency programs.                          CFR Citation: 21 CFR 1304; 21 CFR
     NPRM                     09/16/98 63 FR 49506
                                                             Subsequent to publication, concerns                   1305
     NPRM Comment             04/16/99
       Period End                                            were raised about costs included in this              Legal Deadline: None
     NPRM Comment             09/12/99 64 FR 7144            user fee.                                             Abstract: DEA is revising its
       Period Extended                                       As DEA has noted in previous                          regulations to provide the option of
     Final Action             12/00/04                       rulemakings on this subject, certain                  ordering Schedule I and II controlled


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                         Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                  73429

     DOJ—DEA                                                                                                                               Final Rule Stage


     substances electronically in a manner                   Department of Justice, Drug                           means to effectively prevent the theft
     consistent with the requirements of the                 Enforcement Administration, Office of                 and diversion of these products.
     Controlled Substances Act (CSA) (21                     Diversion Control, Washington, DC                     Keeping pseudoephedrine, ephedrine,
     U.S.C. 801 et seq.). The regulations will               20537                                                 and phenylpropanolamine products in
     also allow this electronic system to be                 Phone: 202 307–7297                                   such secure areas will limit the
     used for controlled substances in                       Related RIN: Related to 1117–AA61                     opportunity for theft.
     Schedules III, IV, and V. These                                                                               Timetable:
     regulations will be in addition to, not                 RIN: 1117–AA60
     a replacement of, the existing rules.                                                                         Action                    Date        FR Cite
     These regulations are needed to give                    1920. SECURITY REQUIREMENTS                           NPRM                    07/30/04 69 FR 45616
     manufacturers, distributors, importers,                 FOR HANDLERS OF                                       NPRM Comment            10/28/04
     exporters, pharmacies, and hospitals                    PSEUDOEPHEDRINE, EPHEDRINE,                             Period End
     the option to use modern technology                     AND PHENYLPROPANOLAMINE                               Final Action            06/00/05
     for controlled substance transactions.                                                                        Regulatory Flexibility Analysis
     The regulations will reduce paperwork                   Priority: Other Significant
                                                                                                                   Required: No
     and transaction times for DEA                           Legal Authority: 21 USC 821; 21 USC
     registrants who distribute, purchase, or                822; 21 USC 823; 21 USC 824; 21 USC                   Small Entities Affected: No
     handle controlled substances. They are                  830                                                   Government Levels Affected: None
     consistent with paperwork reduction
                                                             CFR Citation: 21 CFR 1309                             Additional Information: DEA-211
     mandates. These regulations also
     respond to the requirements of Public                   Legal Deadline: None                                  URL For Public Comments:
     Law 106-229, the ‘‘Electronic                           Abstract: DEA is proposing to require                 dea.diversion.policy@usdoj.gov
     Signatures in Global and National                       that manufacturers, distributors,                     Agency Contact: Patricia M. Good,
     Commerce Act,’’ while maintaining a                     importers, and exporters of                           Chief, Liaison and Policy Section,
     closed system of distribution of                        pseudoephedrine, ephedrine, and                       Department of Justice, Drug
     controlled substances and ensuring                      phenylpropanolamine implement                         Enforcement Administration, Office of
     security and authentication. In a                       security procedures similar to those of               Diversion Control, Washington, DC
     separate related rulemaking (RIN 1117-                  Schedules III through V controlled                    20537
     AA61), DEA is proposing to revise its                   substances to prevent the theft and                   Phone: 202 307–7297
     regulations to permit DEA-registered                    diversion of these List I chemicals.
     prescribers to electronically write, sign,                                                                    RIN: 1117–AA62
                                                             Pseudoephedrine and ephedrine are
     and transmit prescriptions.                             used in the illegal manufacture of
     Timetable:                                              methamphetamine, and                                  1921. CHEMICAL REGISTRATION
                                                             phenylpropanolamine is used in the                    WAIVERS; EXEMPTION FROM
     Action                     Date          FR Cite
                                                             illegal manufacture of amphetamine.                   CHEMICAL REGISTRATION FEES FOR
     NPRM                     06/27/03 68 FR 38558                                                                 CERTAIN PERSONS
                                                             The vast majority of these clandestine
     NPRM Comment             09/25/03
                                                             laboratories were producing                           Priority: Other Significant
       Period End
     Final Action             12/00/04                       methamphetamine using over-the-                       Legal Authority: 21 USC 821; 21 USC
                                                             counter regulated drug products. Some                 822; 21 USC 823; 21 USC 824; 21 USC
     Regulatory Flexibility Analysis                         of the product found at these                         830; 21 USC 871(b); 21 USC 875; 21
     Required: No                                            clandestine laboratories came from                    USC 877; 21 USC 958
     Small Entities Affected: No                             thefts at manufacturers, distributors,
                                                             importers, and exporters. Almost all of               CFR Citation: 21 CFR 1309; 21 CFR
     Government Levels Affected: None                                                                              1310
                                                             the reports of List I chemical thefts
     Additional Information: ANPRM: DEA-                     reported to the DEA in the past few                   Legal Deadline: None
     214                                                     years have involved pseudoephedrine,                  Abstract: DEA is proposing amending
     NPRM: DEA 217                                           ephedrine, or phenylpropanolamine.                    its regulations to waive the requirement
     Notice: DEA-224                                         Therefore, to address the problem of                  of registration for contract processors,
                                                             diversion of pseudoephedrine,                         medical/first aid kit providers,
     TRANSFERRED RIN: This rulemaking                        ephedrine, and phenylpropanolamine                    distributors of sample packages of drug
     RIN 1117-AA60 (a former ‘‘parent’’                      through theft, DEA is proposing that                  products, and distributors of
     RIN) continues the ‘‘child’’ rulemaking                 manufacturers, distributors, importers,               research/reference standards. These
     previously listed in its timetable as RIN               and exporters of these three chemicals                actions are being taken in response to
     1117-AA86. Former RIN 1117-AA86                         implement security procedures similar                 industry comments and suggestions.
     was transferred to RIN 1117-AA60                        to those now used by registrants                      DEA has determined that requiring
     because the computer system used by                     handling Schedules III through V                      registration for these activities is not
     the Regulatory Information Service                      controlled substances. These                          necessary for effective enforcement
     Center (RISC) to compile the Unified                    procedures include the storage of                     under the Controlled Substances Act
     Agenda no longer supports ‘‘parent’’                    substances in a secure safe or steel                  (CSA) and waiving the requirement of
     and ‘‘child’’ RINs. This rulemaking is                  cabinet, cage, or room and installation               registration will ease regulatory
     not a new action.                                       of a monitored alarm system linked to                 burdens for the affected industries.
     Agency Contact: Patricia M. Good,                       a central location. DEA will also be                  DEA is also proposing exempting
     Chief, Liaison and Policy Section,                      seeking input regarding alternative                   charitable organizations and


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     73430               Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     DOJ—DEA                                                                                                                               Final Rule Stage


     governmental entities from initial and                  to dispense or administer, but not                    requirements for drug products
     renewal registration fees. These fee                    prescribe, narcotic controlled                        containing gamma-hydroxybutyric acid
     exemptions will bring the chemical                      substances.                                           (GHB) for which an application has
     regulations into conformance with the                   These regulations establish an                        been approved under the Federal Food,
     controlled substances regulations.                      exemption from the separate                           Drug, and Cosmetic Act. The Hillary J.
     Timetable:                                              registration requirement for qualified                Farias and Samantha Reid Date-Rape
                                                             practitioners dispensing or prescribing               Drug Prohibition Act of 2000
     Action                     Date          FR Cite
                                                             Schedule III, IV, and V narcotic                      establishes specific reporting and
     NPRM                     11/25/03 68 FR 66052           controlled substances approved by the                 recordkeeping requirements with
     NPRM Comment             01/26/04                       FDA specifically for use in                           respect to the distribution and
       Period End                                            maintenance or detoxification                         dispensing of drug products containing
     Final Action             07/00/05                       treatment. This NPRM would allow                      GHB.
     Regulatory Flexibility Analysis                         ‘‘qualifying physicians,’’ whether they
     Required: No                                            are already registered as NTPs or not,                This NPRM proposes recordkeeping
                                                             to dispense and prescribe Schedule III,               requirements for practitioners
     Government Levels Affected: Federal,
     Local, State                                            IV, and V narcotic controlled                         dispensing Schedule III GHB drug
                                                             substances or combinations of                         products and reporting requirements for
     Additional Information: DEA-189                         controlled substances approved by FDA                 manufacturers and distributors of
     Agency Contact: Patricia M. Good,                       specifically for use in maintenance or                Schedule III GHB drug products.
     Chief, Liaison and Policy Section,                      detoxification treatment.                             Specifically, this NPRM would require
     Department of Justice, Drug                             Timetable:                                            pharmacies and practitioners
     Enforcement Administration, Office of                                                                         dispensing GHB to maintain and make
     Diversion Control, Washington, DC                       Action                       Date        FR Cite      available for inspection the name of the
     20537                                                   NPRM                     06/24/03 68 FR 37429         prescribing practitioner, the prescribing
     Phone: 202 307–7297                                     NPRM Comment             09/23/03                     practitioner’s Federal and State
     RIN: 1117–AA67                                            Period End                                          registration numbers with expiration
                                                             Final Action             02/00/05                     dates, verification that the prescribing
                                                             Regulatory Flexibility Analysis                       practitioner possesses appropriate
     1922. AUTHORITY FOR
     PRACTITIONERS TO DISPENSE OR                            Required: No                                          registration, the patient’s insurance
     PRESCRIBE APPROVED NARCOTIC                             Small Entities Affected: No                           provider, if available, as well as the
     SUBSTANCES FOR MAINTENANCE                                                                                    patient’s medical need for the drug.
                                                             Government Levels Affected: None                      This NPRM also proposes to include
     OR DETOXIFICATION TREATMENT
                                                             Additional Information: DEA-202                       Schedule III GHB drug products as
     Priority: Substantive, Nonsignificant
                                                             Agency Contact: Patricia M. Good,                     controlled substances that must be
     Legal Authority: 21 USC 821; 21 USC                                                                           reported under the Automation of
                                                             Chief, Liaison and Policy Section,
     822; 21 USC 823; 21 USC 824; 21 USC                                                                           Reports and Consolidated Orders
                                                             Department of Justice, Drug
     829; 21 USC 871(b); 21 USC 875; 21                                                                            System (ARCOS).
                                                             Enforcement Administration, Office of
     USC 877; 21 USC 956
                                                             Diversion Control, Washington, DC
     CFR Citation: 21 CFR 1301; 21 CFR                                                                             Timetable:
                                                             20537
     1306                                                    Phone: 202 307–7297                                   Action                    Date        FR Cite
     Legal Deadline: None                                    RIN: 1117–AA68                                        NPRM                    11/25/03 68 FR 66048
     Abstract: DEA is proposing                                                                                    NPRM Comment            01/26/04
     amendments to its regulations to                        1923. RECORDKEEPING AND                                 Period End
     implement the Drug Addiction                            REPORTING REQUIREMENTS FOR                            Final Action            12/00/04
     Treatment Act of 2000 (DATA). These                     DRUG PRODUCTS CONTAINING
     amendments would allow qualified                                                                              Regulatory Flexibility Analysis
                                                             GAMMA HYDROXYBUTYRIC ACID
     practitioners to dispense and prescribe                                                                       Required: No
                                                             (GHB)
     narcotic controlled substances
     approved by the Food and Drug                           Priority: Other Significant                           Small Entities Affected: No
     Administration (FDA) specifically for                   Legal Authority: 21 USC 802; 21 USC                   Government Levels Affected: None
     use in maintenance or detoxification                    821; 21 USC 827; 21 USC 829; 21 USC
     treatment.                                              830; 21 USC 871(b); 21 USC 958; 21                    Additional Information: DEA-234
     The Controlled Substances Act (CSA)                     USC 965; . . .
                                                                                                                   Agency Contact: Patricia M. Good,
     and current regulations require that                    CFR Citation: 21 CFR 1304; 21 CFR                     Chief, Liaison and Policy Section,
     practitioners who want to conduct                       1306; 21 CFR 1310                                     Department of Justice, Drug
     maintenance or detoxification treatment
     using narcotic controlled substances be                 Legal Deadline: None                                  Enforcement Administration, Office of
     registered with DEA as narcotic                         Abstract: The Drug Enforcement                        Diversion Control, Washington, DC
     treatment programs (NTPS) in addition                   Administration (DEA) is publishing a                  20537
     to the practitioners’ personal                          Notice of Proposed Rulemaking (NPRM)                  Phone: 202 307–7297
     registrations. The separate NTP                         to amend its regulations to require                   RIN: 1117–AA71
     registrations authorize the practitioners               additional recordkeeping and reporting


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                         Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                  73431

     DOJ—DEA                                                                                                                               Final Rule Stage


     1924. REPORTS BY REGISTRANTS OF                         Small Entities Affected: No                           a LTCF (without any additional
     THEFT OR SIGNIFICANT LOSS OF                            Government Levels Affected: None                      registration fees) and to store controlled
     CONTROLLED SUBSTANCES                                                                                         substances in the automated dispensing
                                                             Additional Information: DEA 196                       system at the LTCF. The use of
     Priority: Substantive, Nonsignificant
                                                             Agency Contact: Patricia M. Good,                     automated dispensing systems would
     Legal Authority: 21 USC 821; 21 USC                     Chief, Liaison and Policy Section,                    allow dispensing of single dosage units
     822; 21 USC 823; 21 USC 824; 21 USC                     Department of Justice, Drug                           of prescribed controlled substances,
     871(b); 21 USC 875; 21 USC 877; . . .                   Enforcement Administration, Office of                 provide electronic records of each
     CFR Citation: 21 CFR 1301                               Diversion Control, Washington, DC                     dispensing, and mitigate the problem of
                                                             20537                                                 excess stocks of controlled substances
     Legal Deadline: None                                    Phone: 202 307–7297                                   at the LTCF and the disposal of those
     Abstract: DEA is amending its                                                                                 stocks.
                                                             RIN: 1117–AA73
     regulations to clarify its policy                                                                             Timetable:
     regarding reports by registrants of theft
                                                             1925. PREVENTING THE                                  Action                    Date        FR Cite
     or significant loss of controlled
     substances. There has been some                         ACCUMULATION OF SURPLUS                               NPRM                    11/03/03 68 FR 62255
     confusion as to what constitutes a                      CONTROLLED SUBSTANCES AT                              NPRM Comment            01/02/04
     significant loss, and when and how                      LONG–TERM CARE FACILITIES                               Period End
     initial notice of a theft or loss should                Priority: Substantive, Nonsignificant                 Final Action            01/00/05
     be provided to DEA. This Notice of                                                                            Regulatory Flexibility Analysis
                                                             Legal Authority: 21 USC 802; 21 USC
     Proposed Rulemaking proposes the                                                                              Required: No
                                                             821; 21 USC 822; 21 USC 871(b)
     clarification of DEA regulations and
     provides guidance to registrants                        CFR Citation: 21 CFR 1300; 21 CFR                     Small Entities Affected: No
     regarding the theft, significant loss, and              1301; 21 CFR 1304; 21 CFR 1307                        Government Levels Affected: None
     explained loss of controlled substances.                Legal Deadline: None
                                                                                                                   Additional Information: DEA-240
     Timetable:                                              Abstract: To address the accumulation
                                                             of excess controlled substances at long-              Agency Contact: Patricia M. Good,
     Action                     Date          FR Cite                                                              Chief, Liaison and Policy Section,
                                                             term care facilities (LTCFs), the Drug
     NPRM                     07/08/03 68 FR 40576           Enforcement Administration (DEA) is                   Department of Justice, Drug
     NPRM Comment             09/08/03                       proposing to permit the use of                        Enforcement Administration, Office of
       Period End
                                                             automated dispensing systems operated                 Diversion Control, Washington, DC
     Final Action             01/00/05
                                                             by provider pharmacies. Specifically,                 20537
                                                             this proposed rule would permit a                     Phone: 202 307–7297
     Regulatory Flexibility Analysis
     Required: No                                            DEA-registered pharmacy to register at                RIN: 1117–AA75


     Department of Justice (DOJ)                                                                                                         Completed Actions
     Drug Enforcement Administration (DEA)

     1926. EXEMPTION FROM                                    Completed:                                            Small Entities Affected: No
     IMPORT/EXPORT REQUIREMENTS                              Reason                       Date        FR Cite
     FOR PERSONAL MEDICAL USE                                                                                      Government Levels Affected: None
                                                             Final Action             09/14/04 69 FR 55343
     Priority: Other Significant                             Final Action Effective   10/14/04                     Agency Contact: Patricia M. Good
                                                                                                                   Phone: 202 307–7297
                                                             Regulatory Flexibility Analysis
     CFR Citation: 21 CFR 1301
                                                             Required: No                                          RIN: 1117–AA56

     Department of Justice (DOJ)                                                                                                     Proposed Rule Stage
     Executive Office for Immigration Review (EOIR)

     1927. SUSPENSION OF                                     8 USC 1186a; 8 USC 1224 to 1227; 8                    CFR Citation: 8 CFR 1003; 8 CFR 1240
     DEPORTATION AND CANCELLATION                            USC 1251; 8 USC 1252 note; 8 USC
                                                                                                                   Legal Deadline: None
     OF REMOVAL FOR CERTAIN                                  1251a; 8 USC 1252b; 8 USC 1324b; 8
     BATTERED SPOUSES AND                                    USC 1362; 28 USC 509 to 510; 28 USC                   Abstract: This rule amends Department
     CHILDREN; MOTIONS TO REOPEN                             1746; Reorg Plan No 2 of 1950; 3 CFR                  regulations by establishing procedures
     FOR CERTAIN BATTERED SPOUSES                            1949 to 1953 Comp, sec 2; PL 105–100,                 incorporating the amended
     AND CHILDREN                                            sec 202–203; PL 105–277, sec 902; PL                  requirements for cancellation of
                                                             106–386, sec 1506; PL 106–554, sec                    removal for battered spouses and
     Priority: Substantive, Nonsignificant
                                                             1505; PL 106–554, sec 1510; 8 CFR 2;                  children under 240A(b)(2) of the
     Legal Authority: 5 USC 301; 8 USC                       8 CFR 3; 8 CFR 240                                    Immigration and Nationality Act (Act),
     1101 note; 8 USC 1103; 8 USC 1182;                                                                            and suspension of deportation under


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     73432               Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     DOJ—EOIR                                                                                                                       Proposed Rule Stage


     former section 244(a)(3) of the Act (as                 106–386, 114 Stat 1527 to 1529, 1531                  arising under section 652 of Illegal
     it existed before April 1, 1997), which                 to 1532; sec 1505 of PL 106–554, 114                  Immigrant Reform and Immigrant
     were amended by section 1504 of the                     Stat 2763A–326 to 2763A–328                           Responsibility Act. This rule is
     Battered Immigrant Women Protection                     CFR Citation: 8 CFR 1003                              necessary to deter fraudulent marriages
     Act of 2000.                                                                                                  and the exploitation of recruits by
                                                             Legal Deadline: None                                  IMOs.
     This rule also amends Department
     regulations by establishing procedures                  Abstract: This rule amends regulations                Timetable:
     for certain battered spouses and                        governing the Executive Office for
                                                             Immigration Review to ensure that the                 Action                    Date        FR Cite
     children to reopen their removal or
     deportation proceedings to apply for                    necessary identity, law enforcement,                  NPRM                    08/00/05
     the relief of cancellation of removal or                and security investigations are properly              NPRM Comment            10/00/05
     suspension of deportation under                         initiated and have been completed by                   Period End
     240(c)(6)(C)(iv) of the Act (as amended                 the Department of Homeland Security                   Regulatory Flexibility Analysis
     by section 1506 of the Battered                         before the immigration judges and the                 Required: No
     Immigrant Women Protection Act of                       Board adjudicate certain applications
                                                             for relief.                                           Small Entities Affected: No
     2000).
                                                             Timetable:                                            Government Levels Affected: None
     Additionally, this rule establishes
     procedures which must be followed by                                                                          Agency Contact: Mary Beth Keller,
                                                             Action                       Date        FR Cite
     EOIR when an alien applies for a                                                                              General Counsel, Executive Office for
                                                             NPRM                     12/00/04                     Immigration Review, Department of
     domestic violence victim waiver under
                                                             NPRM Comment             02/00/05                     Homeland Security, 2600 Skyline
     section 237(a)(7) of the Act (as                         Period End
     amended by section 1505(b) of the                                                                             Tower, 5107 Leesburg Pike, Suite 2600,
     Battered Immigrant Women Protection                     Regulatory Flexibility Analysis                       Falls Church, VA 22041
     Act of 2000).                                           Required: No                                          Phone: 703 305–0470
                                                             Small Entities Affected: No                           Email: eoir.regs@usdoj.gov
     Timetable:
                                                                                                                   Related RIN: Related to 1615–AA11
     Action                     Date          FR Cite        Government Levels Affected: None
                                                                                                                   RIN: 1125–AA45
     NPRM                     09/00/05                       Agency Contact: Mary Beth Keller,
     NPRM Comment             11/00/05                       General Counsel, Executive Office for
      Period End                                             Immigration Review, Department of                     1930. IMPLEMENTATION OF THE
                                                             Homeland Security, 2600 Skyline                       NUMERICAL LIMIT ON ASYLUM
     Regulatory Flexibility Analysis
                                                             Tower, 5107 Leesburg Pike, Suite 2600,                GRANTS AND REFUGEE ADMISSION
     Required: No
                                                             Falls Church, VA 22041                                BASED ON RESISTANCE TO
     Government Levels Affected: None                        Phone: 703 305–0470                                   COERCIVE POPULATION CONTROL
     Agency Contact: Mary Beth Keller,                       Email: eoir.regs@usdoj.gov                            MEASURES
     General Counsel, Executive Office for                   RIN: 1125–AA44                                        Priority: Substantive, Nonsignificant.
     Immigration Review, Department of                                                                             Major status under 5 USC 801 is
     Homeland Security, 2600 Skyline                                                                               undetermined.
     Tower, 5107 Leesburg Pike, Suite 2600,                  1929. INTERNATIONAL
                                                             MATCHMAKING ORGANIZATIONS;                            Legal Authority: 8 USC 1101, 1103,
     Falls Church, VA 22041
                                                             CIVIL PENALTIES                                       1157, 1158, 1226, 1252, 1282
     Phone: 703 305–0470
     Email: eoir.regs@usdoj.gov                              Priority: Substantive, Nonsignificant.                CFR Citation: 8 CFR 1208
     RIN: 1125–AA35                                          Major status under 5 USC 801 is                       Legal Deadline: None
                                                             undetermined.                                         Abstract: Section 601(b) of the Illegal
     1928. BACKGROUND AND SECURITY                           Legal Authority: 8 USC 1101, 1103,                    Immigration Reform and Immigrant
     INVESTIGATION CHECKS IN                                 1324a, 1324b, 1324c, 1375b; PL                        Responsibility Act of 1996 (IIRIRA)
     PROCEEDINGS BEFORE                                      101–410, 104 Stat 890, as amended by                  provides that, for any fiscal year, not
     IMMIGRATION JUDGES AND THE                              PL 104–134, 110 Stat 1321; 5 USC 301,                 more than a total of 1,000 refugees may
     BOARD OF IMMIGRATION APPEALS                            554                                                   be admitted or granted asylum based
                                                             CFR Citation: 8 CFR 1270                              solely on resistance to coercive
     Priority: Substantive, Nonsignificant.                                                                        population control measures. This rule
     Major status under 5 USC 801 is                         Legal Deadline: None                                  authorizes the Department of Homeland
     undetermined.                                           Abstract: This rule amends the                        Security and the Executive Office for
     Legal Authority: 5 USC 301; 8 USC                       Department of Justice regulations by                  Immigration Review to make
     1101 note, 1103, 1182, 1186a, 1224,                     specifying the procedures for                         conditional grants of asylum in those
     1225, 1226, 1227, 1251, 1252 note,                      adjudicating alleged violations by                    cases in which an applicant is found
     1252a, 1252b, 1324b, 1362; 28 USC                       international matchmaking                             to merit asylum solely on the basis of
     509, 510, 1746; sec 2, Reorg Plan No                    organizations (IMOs) doing business in                resistance to coercive population
     2 of 1950; 3 CFR, 1949 to 1953 Comp,                    the United States, in failing to provide              control measures and establishes a
     p 1002; secs 202 and 203 of PL                          required information to persons                       mechanism for converting no more than
     105–100, 111 Stat 2160, 2193,                           recruited for matchmaking through                     1,000 conditional grants per fiscal year
     2196–200; sec 902, PL 105–277, 112                      these entities. This rule implements the              to final asylum grants. The rule also
     Stat 2681; secs 1506 and 1510 of PL                     procedures for the disposition of cases               establishes procedures for


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                         Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                  73433

     DOJ—EOIR                                                                                                                       Proposed Rule Stage


     administering a waiting list in those                   1931. ∑ EXECUTIVE OFFICE FOR                          in removal, exclusion, deportation,
     years that the number of conditional                    IMMIGRATION REVIEW; RULES                             asylum-only and other proceedings,
     grants exceeds the statutory limit for                  GOVERNING IMMIGRATION                                 reduce delays in the adjudicative
     final grants, reserves a certain number                 PROCEEDINGS                                           process, enable EOIR to better manage
     of authorization numbers for purposes                   Priority: Other Significant. Major status             its caseload, reduce the existing backlog
     of refugee admission, and addresses                     under 5 USC 801 is undetermined.                      of cases, and provide for better focus
     procedures for administering derivative                                                                       on cases presenting significant issues of
     conditional grants, terminating                         Legal Authority: 5 USC 301; 8 USC
                                                             1101, note; 8 USC 1103; 8 USC 1229;                   law and fact for resolution.
     conditional grants, and other
     procedures specific to this rule.                       8 USC 1229a; 8 USC 1231; 8 USC 1231,                  Timetable:
                                                             note; 8 USC 1245; 8 USC 1324b; 8 USC
     Timetable:                                                                                                    Action                    Date        FR Cite
                                                             1362; 28 USC 509 to 519; 28 USC 1746;
     Action                     Date          FR Cite        sec 2 Reorg Plan No 2 of 1950, 3 CFR                  NPRM                    12/00/04
     NPRM                     08/00/05                       1949 to 1953 Comp, p 1002; PL
                                                                                                                   NPRM Comment            02/00/05
     NPRM Comment             10/00/05                       105–100, sec 203; PL 106–386, sec                      Period End
      Period End                                             1506; PL 106–386, sec 1510; PL
                                                             106–554, sec 1505; PL 106–554, sec                    Regulatory Flexibility Analysis
     Regulatory Flexibility Analysis
                                                             1510                                                  Required: No
     Required: No
                                                             CFR Citation: 8 CFR 1003; 8 CFR 1161;
     Small Entities Affected: No                                                                                   Government Levels Affected: None
                                                             8 CFR 1171
     Government Levels Affected: None                                                                              Agency Contact: Mary Beth Keller,
                                                             Legal Deadline: None
     Agency Contact: Mary Beth Keller,                                                                             General Counsel, Executive Office for
     General Counsel, Executive Office for                   Abstract: This rule revises the
                                                             procedures before immigration judges                  Immigration Review, Department of
     Immigration Review, Department of                                                                             Homeland Security, 2600 Skyline
     Homeland Security, 2600 Skyline                         and the Board of Immigration Appeals
                                                             of the Executive Office for Immigration               Tower, 5107 Leesburg Pike, Suite 2600,
     Tower, 5107 Leesburg Pike, Suite 2600,                                                                        Falls Church, VA 22041
     Falls Church, VA 22041                                  Review (EOIR), to clarify and improve
                                                             the administrative adjudication of                    Phone: 703 305–0470
     Phone: 703 305–0470
                                                             immigration proceedings. The rule is                  Email: eoir.regs@usdoj.gov
     Email: eoir.regs@usdoj.gov
                                                             intended to improve fairness to aliens
     Related RIN: Split from 1615–AA37                       and to the Government, represented by                 RIN: 1125–AA53
     RIN: 1125–AA48                                          the Department of Homeland Security,


     Department of Justice (DOJ)                                                                                                            Final Rule Stage
     Executive Office for Immigration Review (EOIR)

     1932. SUSPENSION OF                                     American Relief Act of 1997                           1933. AUTHORITIES DELEGATED TO
     DEPORTATION AND CANCELLATION                            (NACARA).                                             THE DIRECTOR OF THE EXECUTIVE
     OF REMOVAL                                                                                                    OFFICE FOR IMMIGRATION REVIEW
                                                             Timetable:                                            AND THE CHIEF IMMIGRATION
     Priority: Substantive, Nonsignificant
                                                             Action                       Date        FR Cite      JUDGE
     Legal Authority: 8 USC 1103; 8 USC
     1182; 8 USC 1186a; 8 USC 1224 to                        Interim Final Rule       09/30/98 63 FR 52134         Priority: Info./Admin./Other
     1227; 8 USC 1251 to 1252; 8 USC 1362;                   Interim Final Rule       11/30/98                     Legal Authority: 5 USC 301; 8 USC
     PL 105–100, sec 202                                        Comment Period                                     1103; 8 USC 1252 note; 8 USC 1252b;
                                                                End
     CFR Citation: 8 CFR 1240                                                                                      8 USC 1362; 28 USC 509 to 510; 28
                                                             Final Action             10/00/05
                                                                                                                   USC 1746
     Legal Deadline: None
                                                             Regulatory Flexibility Analysis                       CFR Citation: 8 CFR 1003; 8 CFR 1240
     Abstract: This rule amends the                          Required: No
     regulations of the Executive Office for                                                                       Legal Deadline: None
     Immigration Review by eliminating the                   Small Entities Affected: No                           Abstract: This rule outlines the
     conditional grant process at 8 CFR                                                                            authorities and powers (and limitations
     1240.21 and establishing a permanent                    Government Levels Affected: None                      thereto) delegated by the Attorney
     procedure for processing suspension of                  Agency Contact: Mary Beth Keller,                     General to the Director of the Executive
     deportation and cancellation of removal                 General Counsel, Executive Office for                 Office for Immigration Review (EOIR)
     cases. This rule is necessary to                        Immigration Review, Department of                     and the Chief Immigration Judge. These
     implement the numerical limitation on                   Homeland Security, 2600 Skyline                       authorities include such managerial
     suspension of deportation and                           Tower, 5107 Leesburg Pike, Suite 2600,                responsibilities as: Issuing operational
     cancellation of removal and adjustment                  Falls Church, VA 22041                                instructions, setting policies, providing
     of status imposed by the Illegal                        Phone: 703 305–0470                                   for the training of staff, and ensuring
     Immigration Reform and Immigrant                        Email: eoir.regs@usdoj.gov                            the efficient disposition of cases. One
     Responsibility Act of 1996 (IIRIRA) and                                                                       of the limitations on the powers of the
     the Nicaraguan Adjustment and Central                   RIN: 1125–AA25                                        Director of EOIR and the Chief


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     73434               Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     DOJ—EOIR                                                                                                                              Final Rule Stage


     Immigration Judge is that they cannot                   Small Entities Affected: No                           Registered practitioners will be
     direct the result of a case adjudication                Government Levels Affected: None                      assigned a unique User ID and
     assigned to someone else.                                                                                     password that will authorize them to
                                                             Agency Contact: Mary Beth Keller,                     conduct electronic transactions with
     Timetable:                                              General Counsel, Executive Office for                 EOIR from desktop personal computers.
     Action                     Date          FR Cite        Immigration Review, Department of
                                                             Homeland Security, 2600 Skyline                       Registration of practitioners assures the
     NPRM                     12/26/00 65 FR 81434                                                                 functionality, security, and success of
                                                             Tower, 5107 Leesburg Pike, Suite 2600,
     NPRM Comment             02/26/01                                                                             EOIR’s electronic government initiative,
       Period End
                                                             Falls Church, VA 22041
                                                             Phone: 703 305–0470                                   and serves as a prerequisite to
     Final Action             07/00/05                                                                             electronic case access and filing by
                                                             Email: eoir.regs@usdoj.gov
     Regulatory Flexibility Analysis                                                                               practitioners.
     Required: No                                            RIN: 1125–AA38
                                                                                                                   The proposed practitioner registration
     Government Levels Affected: None                                                                              rule furnishes the Attorney General
                                                             1935. EXECUTIVE OFFICE FOR                            with the optimum measure of
     Agency Contact: Mary Beth Keller,                       IMMIGRATION REVIEW
     General Counsel, Executive Office for                                                                         adaptability to establish the criteria and
                                                             ATTORNEY/REPRESENTATIVE                               procedures for practitioner registration,
     Immigration Review, Department of                       REGISTRY
     Homeland Security, 2600 Skyline                                                                               while also preserving fairness for
     Tower, 5107 Leesburg Pike, Suite 2600,                  Priority: Substantive, Nonsignificant                 regulated parties and ensuring
     Falls Church, VA 22041                                  Legal Authority: 8 USC 1362                           efficiency in government operations.
     Phone: 703 305–0470                                     CFR Citation: 8 CFR 1001.1; 8 CFR                     Timetable:
     Email: eoir.regs@usdoj.gov                              1003.0                                                Action                    Date        FR Cite
     RIN: 1125–AA27                                          Legal Deadline: None                                  NPRM                    12/30/03 68 FR 75160
                                                             Abstract: This rule concerns the                      NPRM Comment            03/01/04
     1934. PROTECTIVE ORDERS IN                              Attorney General’s authority to                         Period End
     IMMIGRATION ADMINISTRATION                              authorize practitioners to represent                  Final Action            09/00/05
     PROCEEDINGS                                             aliens in immigration proceedings                     Regulatory Flexibility Analysis
     Priority: Substantive, Nonsignificant                   pursuant to statute. Under the pertinent              Required: No
                                                             statutory provision, aliens in                        Small Entities Affected: No
     Legal Authority: 5 USC 301; 8 USC                       immigration proceedings ‘‘shall have
     1101 note, 1103, 1231, 1252 note,                       the privilege of being represented (at                Government Levels Affected: None
     1252b, 1324b, 1253, 1362; 28 USC 509,                   no expense to the government) by such
     510, 1746; sec 2, Reorg Plan No 2 of                                                                          Agency Contact: Mary Beth Keller,
                                                             counsel, authorized to practice in such               General Counsel, Executive Office for
     1950; 3 CFR 1949 to 1953 Comp, p                        proceedings, as he shall choose.’’ 8
     1002; sec 203 of PL 105–100, 111 Stat                                                                         Immigration Review, Department of
                                                             U.S.C. 1362                                           Homeland Security, 2600 Skyline
     2196–200; secs 1506 and 1510 of PL
     106–386, 114 Stat 1527–29, 1531–32;                     The rule arises out of EOIR’s electronic              Tower, 5107 Leesburg Pike, Suite 2600,
     sec 1505 of PL 106–554, 114 Stat                        government initiatives which, when                    Falls Church, VA 22041
     2763A–326 to 2763A–328                                  fully implemented, will enable                        Phone: 703 305–0470
                                                             electronic case access and filing for                 Email: eoir.regs@usdoj.gov
     CFR Citation: 8 CFR 1003                                individuals in immigration proceedings                RIN: 1125–AA39
     Legal Deadline: None                                    before EOIR. In essence, the rule
     Abstract: This rule amends regulations                  amends the current definitions of
                                                             ‘‘attorney’’ and ‘‘representative,’’ the              1936. TRANSFER OF JURISDICTION
     governing the Executive Office for                                                                            OVER APPEALS OF FINES FROM THE
     Immigration Review (EOIR) by                            classes of individuals authorized to
                                                             represent aliens, to include only those               BOARD OF IMMIGRATION APPEALS
     authorizing immigration judges to issue                                                                       TO THE OFFICE OF THE CHIEF
     protective orders to limit public                       persons who have registered with EOIR.
                                                                                                                   ADMINISTRATIVE HEARING OFFICER
     disclosure of sensitive law enforcement                 Additionally, the rule delegates
     or national defense information during                  authority to the Director to require such             Priority: Substantive, Nonsignificant
     immigration proceedings. The rule is                    a registration, and to establish                      Legal Authority: Not Yet Determined
     applicable in all proceedings before                    procedures for registration. In concert
     immigration judges but involves only                    with that authority, the rule permits the             CFR Citation: 8 CFR 1003; 8 CFR 1103;
     a small number of cases.                                Director to administratively suspend                  8 CFR 1280
     Timetable:                                              from practice before EOIR any                         Legal Deadline: None
                                                             practitioner who fails to comply with                 Abstract: This final rule removes the
     Action                     Date          FR Cite        registration procedures and                           Board of Immigration Appeals’ (Board)
     Interim Final Rule       05/28/02 67 FR 36799           requirements.                                         jurisdiction over appeals of Department
     Interim Final Rule       07/29/02                       Functionally, practitioners will be                   of Homeland Security (DHS) decisions
        Comment Period                                       required to register with EOIR over a                 involving administrative fines under
        End                                                  secure Internet connection, by                        part 1280 of title 8 CFR, and transfers
     Final Action             09/00/05                       providing name, address(es), date-of-                 that authority to Office of the Chief
     Regulatory Flexibility Analysis                         birth, last four digits of social security            Administrative Hearing Officer
     Required: No                                            number, and bar admission data.                       (OCAHO). Part 1280 governs the


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                         Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                  73435

     DOJ—EOIR                                                                                                                              Final Rule Stage


     imposition and collection of fines                      relating to issuance of notices to appear             their claims rather than having those
     under a variety of provisions of the                    and subpoenas in the EOIR regulations,                claims heard in the United States. This
     Immigration and Nationality Act (INA),                  in order to avoid confusing and                       proposed rule would establish the
     most of which pertain to common                         unnecessary duplication of provisions                 authority of immigration judges to
     carriers. Most of the appeals are fines                 already set forth in the DHS                          apply this Agreement in removal
     imposed under section 273 of the INA.                   regulations.                                          proceedings.
     The transfer is essentially a reallocation              Timetable:                                            Timetable:
     of agency resources within the
     Executive Office for Immigration                        Action                       Date        FR Cite      Action                    Date        FR Cite
     Review to improve caseload                              Interim Final Rule       07/28/04 69 FR 44903         NPRM                    03/08/04 69 FR 10627
     management by substituting a different                  Interim Final Rule       07/28/04                     NPRM Comment            05/07/04
     set of decision makers, the OCAHO for                      Effective                                            Period End
     the Board, while preserving the same                    Interim Final Rule       08/27/04                     Final Action            12/00/04
     procedures for the adjudication of                         Comment Period                                     Regulatory Flexibility Analysis
     appeals.                                                   End
                                                                                                                   Required: No
                                                             Final Action             07/00/05
     Timetable:                                                                                                    Small Entities Affected: No
                                                             Regulatory Flexibility Analysis
     Action                     Date          FR Cite                                                              Government Levels Affected: None
                                                             Required: No
     NPRM                     02/19/02 67 FR 7309                                                                  Agency Contact: Mary Beth Keller,
                                                             Small Entities Affected: No
     NPRM Comment             03/21/02                                                                             General Counsel, Executive Office for
       Period End                                            Government Levels Affected: None                      Immigration Review, Department of
     Final Rule               10/00/05                       Agency Contact: Mary Beth Keller,                     Homeland Security, 2600 Skyline
     Regulatory Flexibility Analysis                         General Counsel, Executive Office for                 Tower, 5107 Leesburg Pike, Suite 2600,
     Required: No                                            Immigration Review, Department of                     Falls Church, VA 22041
     Small Entities Affected: No                             Homeland Security, 2600 Skyline                       Phone: 703 305–0470
                                                             Tower, 5107 Leesburg Pike, Suite 2600,                Email: eoir.regs@usdoj.gov
     Government Levels Affected: None                        Falls Church, VA 22041                                Related RIN: Related to 1615–AA91
     Agency Contact: Mary Beth Keller,                       Phone: 703 305–0470
     General Counsel, Executive Office for                   Email: eoir.regs@usdoj.gov                            RIN: 1125–AA46
     Immigration Review, Department of                       RIN: 1125–AA43
     Homeland Security, 2600 Skyline                                                                               1939. REVIEW OF CUSTODY
     Tower, 5107 Leesburg Pike, Suite 2600,                                                                        DETERMINATIONS
     Falls Church, VA 22041                                  1938. ASYLUM CLAIMS MADE BY
                                                             ALIENS ARRIVING FROM CANADA AT                        Priority: Substantive, Nonsignificant.
     Phone: 703 305–0470
                                                             LAND–BORDER PORTS–OF–ENTRY                            Major status under 5 USC 801 is
     Email: eoir.regs@usdoj.gov
                                                                                                                   undetermined.
     Related RIN: Split from 1125–AA36                       Priority: Other Significant
                                                                                                                   Legal Authority: 5 USC 301; 8 USC
     RIN: 1125–AA41                                          Legal Authority: 5 USC 301; 8 USC                     1101 note, 1103, 1252 note, 1252b,
                                                             1101 note, 1102, 1103, 1158, 1182 and                 1282, 1324b, 1362; 28 USC 509, 510,
                                                             note, 1184, 1186a, 1187, 1224, 1225,                  1746; sec 2, Reorg Plan No 2 of 1950;
     1937. DEFINITIONS; FEES; POWERS
                                                             1226, 1227, 1228, 1251, 1252, 1252a,                  3 CFR, 1949 to 1953 Comp, p 1002;
     AND AUTHORITY OF DHS OFFICERS
                                                             1252b, 1282, 1324b, 1362; 28 USC 509,                 sec 203 of PL 105–100, 111 Stat
     IN REMOVAL PROCEEDINGS
                                                             510, 1746; sec 2, Reorg Plan No 2 of                  2196–200; secs 1506 and 1510 of PL
     Priority: Substantive, Nonsignificant.                  1950; 3 CFR, 1949 to 1953 Comp, p                     106–386; 114 Stat 1527 to 1529, 1531
     Major status under 5 USC 801 is                         1002; sec 202 and 203 of PL 105–100,                  to 1532; sec 1505 of PL 106–554, 114
     undetermined.                                           111 Stat 2196–200; secs 1506 and 1510                 Stat 2763A–326 to 2763A–328
     Legal Authority: 8 USC 1101, 1103,                      of PL 106–386, 114 Stat 1527 to 1529,
                                                                                                                   CFR Citation: 8 CFR 1003
     1182, 1221, 1225, 1226, 1251, 1252,                     1531 to 1532; sec 1505 of PL 106–554,
     1357, 1362, 1304, 13246, 1356; 28 USC                   114 Stat 2763A–326 to 2763A–328; sec                  Legal Deadline: None
     509, 510, 1746; 5 USC 301; . . .                        902, PL 105–277, 112 Stat 2681                        Abstract: This rule amends the
     CFR Citation: 8 CFR 1003; 8 CFR 1103                    CFR Citation: 8 CFR 1003; 8 CFR 1208;                 regulations of the Executive Office for
                                                             8 CFR 1212; 8 CFR 1240                                Immigration Review, by revising the
     Legal Deadline: None                                                                                          existing regulatory provision for a
     Abstract: This rule amends regulations                  Legal Deadline: None                                  temporary automatic stay of an
     relating to the Executive Office for                    Abstract: This rule amends the rules                  immigration judge’s decision to order
     Immigration Review to conform with                      governing removal proceedings to                      an alien’s release in any case in which
     certain regulatory changes made by the                  implement the terms of a recently                     a district director has ordered that the
     Department of Homeland Security                         signed Safe Third Country Agreement                   alien be held without bond, or has set
     (DHS) for consistency and for the ease                  between the United States and Canada.                 a bond of $10,000 or more, to maintain
     of the reader. This rule makes no                       The terms of that Agreement provide                   the status quo while the Department of
     substantive changes in the Department                   that certain categories of aliens arriving            Homeland Security seeks expedited
     of Justice regulations, but makes                       from Canada at land border ports of                   review of the custody order by the
     appropriate revisions to the definitions                entry or in transit from Canada will be               Board of Immigration Appeals or by the
     and fee provisions and the regulations                  returned to Canada for adjudication of                Attorney General.


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     73436               Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     DOJ—EOIR                                                                                                                              Final Rule Stage


     Timetable:                                              aliens who have received favorable                    and clarifies the terms used but not
     Action                     Date          FR Cite        determinations on the removal of the                  defined in the Act. This rule is being
                                                             condition on permanent resident status                published jointly with the Department
     Interim Final Rule       10/29/01 66 FR 54909           and who have final orders of                          of Homeland Security.
        Effective                                            deportation or removal or who have
     Interim Final Rule       10/31/01 66 FR 54909                                                                 Timetable:
                                                             cases that are pending or
     Interim Final Rule       12/31/01                       administratively closed before EOIR.                  Action                    Date        FR Cite
        Comment Period
        End                                                  Timetable:                                            NPRM                    07/19/04 69 FR 42901
     Final Action             05/00/05                                                                             NPRM Comment            08/18/04
                                                             Action                       Date        FR Cite        Period End
     Regulatory Flexibility Analysis                         Interim Final Rule       07/00/05                     Final Action            01/00/05
     Required: No                                            Interim Final Rule       09/00/05                     Regulatory Flexibility Analysis
     Small Entities Affected: No                                Comment Period
                                                                                                                   Required: No
                                                                End
     Government Levels Affected: None
                                                             Regulatory Flexibility Analysis                       Small Entities Affected: No
     Agency Contact: Mary Beth Keller,
                                                             Required: No                                          Government Levels Affected: None
     General Counsel, Executive Office for
     Immigration Review, Department of                       Small Entities Affected: No                           Agency Contact: Mary Beth Keller,
     Homeland Security, 2600 Skyline                         Government Levels Affected: None                      General Counsel, Executive Office for
     Tower, 5107 Leesburg Pike, Suite 2600,                                                                        Immigration Review, Department of
     Falls Church, VA 22041                                  URL For Public Comments:                              Homeland Security, 2600 Skyline
     Phone: 703 305–0470                                     www.regulations.gov                                   Tower, 5107 Leesburg Pike, Suite 2600,
     Email: eoir.regs@usdoj.gov                              Agency Contact: Mary Beth Keller,                     Falls Church, VA 22041
     RIN: 1125–AA47                                          General Counsel, Executive Office for                 Phone: 703 305–0470
                                                             Immigration Review, Department of                     Email: eoir.regs@usdoj.gov
                                                             Homeland Security, 2600 Skyline                       Related RIN: Related to 1653–AA41
     1940. REOPENED PROCEEDINGS ON                           Tower, 5107 Leesburg Pike, Suite 2600,
     PETITIONS FOR ALIEN                                     Falls Church, VA 22041                                RIN: 1125–AA50
     ENTREPRENEUR IMMIGRANT                                  Phone: 703 305–0470
     CLASSIFICATION (EB–5 VISAS)                             Email: eoir.regs@usdoj.gov                            1942. INFORMATION RELATING TO
     Priority: Other Significant. Major status               RIN: 1125–AA49                                        ALIENS’ DUTY TO SURRENDER
     under 5 USC 801 is undetermined.                                                                              WHEN ORDERED REMOVED FROM
     Legal Authority: 8 USC 11866                                                                                  THE UNITED STATES
                                                             1941. ∑ EXECUTION OF REMOVAL
     CFR Citation: 8 CFR 1003; 8 CFR 1216;                   ORDERS; COUNTRIES TO WHICH                            Priority: Other Significant
     8 CFR 1240                                              ALIENS MAY BE REMOVED                                 Legal Authority: 8 USC 1103
     Legal Deadline: None                                    Priority: Other Significant. Major status             CFR Citation: 8 CFR 1240; 8 CFR 1241
     Abstract: This rule amends the                          under 5 USC 801 is undetermined.
                                                                                                                   Legal Deadline: None
     regulations of the Executive Office for                 Legal Authority: 8 USC 1103, 1223,
     Immigration Review (EOIR) of the                        1227, 1231, 1253, 1253, 1255, and 1330                Abstract: The Department of Justice
     Department of Justice (Department) to                                                                         published an NPRM in 1998 and a
                                                             CFR Citation: 8 CFR 1240; 8 CFR 1241                  supplemental NPRM in 2002 (RIN
     implement time sensitive changes made
     by the 21st Century Department of                       Legal Deadline: None                                  1115-AE82) to establish that aliens who
     Justice Appropriations Authorization                    Abstract: This rule proposes to                       become subject to a final order of
     Act of 2001, Public Law 107-273                         establish a definition for an                         removal have a legal obligation to
     (November 2, 2002) to the EB-5 Alien                    immigration judge’s order of removal or               surrender for removal. As a result of
     Entrepreneur immigrant classification.                  deportation insofar as such an order                  the enactment of the Homeland
     This rule will be published in                          provides for the removal or deportation               Security Act, the final rule will be
     conjunction with a corresponding rule                   of an alien to a specific country and                 promulgated in two separate
     of the Department of Homeland                           separates that order from the manner                  rulemaking actions.
     Security (DHS) that addresses changes                   in which the Department of Homeland                   The Department of Homeland Security
     to their part of the adjudication. The                  Security may execute that order under                 (DHS) is finalizing a rule requiring
     Department rule provides in section                     section 241(b)(2) of the Immigration                  aliens who become subject to a final
     1216 for certain aliens, who are seeking                and Nationality Act, 8 U.S.C.                         order of removal to surrender to DHS
     immigrant status as alien entrepreneurs,                1231(b)(2). Specifically this rule                    (RIN 1653-AA05). This companion rule
     the right to challenge in EOIR                          clarifies that an immigration judge’s                 amends the regulations of the
     proceedings adverse determinations on                   removal or deportation order                          Department of Justice to provide that
     the removal of the condition on                         establishes only the country or                       immigration judges and the Board of
     permanent resident status made by                       geographic area designated by the alien               Immigration Appeals will inform aliens
     United States Citizenship and                           or, if contested, by the immigration                  in removal proceedings that they have
     Immigration Services (CIS), a                           judge. The rule establishes that a                    an affirmative obligation to surrender
     component of DHS. In addition to                        removal or deportation order does not                 to DHS upon the issuance of a final
     proceedings on adverse determinations,                  limit the manner in which the order                   order of removal by an immigration
     this rule also establishes procedures for               may be executed pursuant to the Act,                  judge or the Board. Aliens will be


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                         Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                  73437

     DOJ—EOIR                                                                                                                              Final Rule Stage


     informed that the failure to surrender                  Justice. The DHS rule is now RIN 1653-                Abstract: This interim rule amends the
     to DHS as required under the DHS rule                   AA05.                                                 Department of Justice regulation
     will result in the denial of any forms                  Agency Contact: Mary Beth Keller,                     addressing venue in removal
     of discretionary relief from removal                    General Counsel, Executive Office for                 proceedings. This regulatory change is
     while the alien remains in the United                   Immigration Review, Department of                     necessary due to the increasing number
     States and for a period of 10 years after               Homeland Security, 2600 Skyline                       of removal hearings being conducted by
     the alien’s departure from the United                   Tower, 5107 Leesburg Pike, Suite 2600,                telephone or video conference, and will
     States.                                                 Falls Church, VA 22041                                clarify the issue of venue for cases
     Timetable:                                              Phone: 703 305–0470                                   involving multiple geographic
                                                             Email: eoir.regs@usdoj.gov                            locations.
     Action                     Date          FR Cite
                                                             RIN: 1125–AA51                                        Timetable:
     NPRM (RIN                09/04/98 63 FR 47205
       1115–AE82)                                                                                                  Action                    Date        FR Cite
     NPRM Comment             11/03/98                       1943. ∑ VENUE IN REMOVAL                              Interim Final Rule      02/00/05
       Period End (RIN                                       PROCEEDINGS                                           Interim Final Rule      04/00/05
       1115–AE82)                                                                                                     Comment Period
     Supplemental NPRM        05/09/02 67 FR 31157           Priority: Substantive, Nonsignificant                    End
       (RIN 1115–AE82)                                       Legal Authority: 5 USC 301; 8 USC
     Supplemental NPRM        06/10/02                                                                             Regulatory Flexibility Analysis
                                                             1101 note; 8 USC 1103; 8 USC 1252                     Required: No
       Comment Period
                                                             note; 8 USC 1252b; 8 USC 1324b; 8
       End                                                                                                         Government Levels Affected: None
                                                             USC 1362; 28 USC 509; 28 USC 510;
     Final Action             08/00/05
                                                             28 USC 1746; Reorg Plan No 2 of 1950,                 Agency Contact: Mary Beth Keller,
     Regulatory Flexibility Analysis                         sec 2, 3 CFR, 1949 to 1953 Comp, p                    General Counsel, Executive Office for
     Required: No                                            1002; PL 100–105 sec 203; 111 Stat                    Immigration Review, Department of
     Government Levels Affected: None                        2196–200; PL 106–386 sec 1506; PL                     Homeland Security, 2600 Skyline
                                                             106–386, sec 1510; 114 Stat 1527–29,                  Tower, 5107 Leesburg Pike, Suite 2600,
     Additional Information: This rule will                  1531 to 1532; PL 106–554, sec 1505;                   Falls Church, VA 22041
     finalize those portions of the                          114 Stat 2763A, 326 to 328                            Phone: 703 305–0470
     rulemaking action formerly listed as
                                                             CFR Citation: 8 CFR 1003.20(a)                        Email: eoir.regs@usdoj.gov
     RIN 1115-AE82 in so far as it relates
     to the regulations of the Department of                 Legal Deadline: None                                  RIN: 1125–AA52


     Department of Justice (DOJ)                                                                                                         Long-Term Actions
     Executive Office for Immigration Review (EOIR)

     1944. AUTHORITY OF IMMIGRATION                          Agency Contact: Mary Beth Keller                      Timetable:
     JUDGES TO ISSUE CIVIL MONEY                             Phone: 703 305–0470                                   Action                    Date        FR Cite
     PENALTIES                                               Email: eoir.regs@usdoj.gov
                                                                                                                   Interim Final Rule      07/17/01 66 FR 37119
     Priority: Other Significant                             RIN: 1125–AA18                                        Interim Final Rule      09/17/01
     CFR Citation: 8 CFR 1003                                                                                         Comment Period
                                                                                                                      End
     Timetable:                                              1945. MOTIONS TO REOPEN FOR                           Final Action            11/00/05
     Action                     Date          FR Cite        SUSPENSION OF DEPORTATION AND                         Regulatory Flexibility Analysis
                                                             SPECIAL RULE CANCELLATION OF                          Required: No
     NPRM                     11/00/05
                                                             REMOVAL PURSUANT TO SECTION
     NPRM Comment             01/00/06                                                                             Government Levels Affected: None
                                                             1505(C) OF THE LIFE ACT
      Period End
                                                             AMENDMENTS                                            Agency Contact: Mary Beth Keller
     Regulatory Flexibility Analysis                                                                               Phone: 703 305–0470
     Required: No                                            Priority: Substantive, Nonsignificant                 Email: eoir.regs@usdoj.gov
     Government Levels Affected: None                        CFR Citation: 8 CFR 1003                              RIN: 1125–AA31

     Department of Justice (DOJ)                                                                                                         Completed Actions
     Executive Office for Immigration Review (EOIR)

     1946. SECTION 212(C) RELIEF FOR                         Completed:                                            Regulatory Flexibility Analysis
     ALIENS WITH CERTAIN CRIMINAL                                                                                  Required: No
                                                             Reason                       Date        FR Cite
     CONVICTIONS BEFORE APRIL 1, 1997                                                                              Government Levels Affected: None
     Priority: Substantive, Nonsignificant                   Final Rule               09/28/04 69 FR 57826
                                                             Final Action Effective   10/28/04                     Agency Contact: Mary Beth Keller
     CFR Citation: 8 CFR 1003                                                                                      Phone: 703 305–0470


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     73438               Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     DOJ—EOIR                                                                                                                            Completed Actions


     Email: eoir.regs@usdoj.gov
     RIN: 1125–AA33


     Department of Justice (DOJ)                                                                                                     Proposed Rule Stage
     Federal Bureau of Investigation (FBI)

     1947. ENHANCED EXCHANGE OF                              and related information, subject to                   services industry, seeking greater
     CRIMINAL HISTORY RECORD AND                             appropriate controls, by non-bank                     efficiency and economy have
     NONSERIOUS OFFENSE                                      persons and entities other than                       centralized administrative functions,
     IDENTIFICATION RECORDS                                  federally chartered or insured banking                including employment background
     Priority: Other Significant. Major status               institutions, to facilitate or perform                services. In some instances these
     under 5 USC 801 is undetermined.                        employment background functions to                    functions are being performed by bank
                                                             promote or maintain the security of                   holding companies, parent or sister
     Legal Authority: 28 USC 534; 42 USC                     federally chartered or insured banking                companies, subsidiaries or private
     14614(c); 42 USC 14615; PL 92–544; PL                   institutions; and (3) permits the                     contractors.
     99–169; PL 99–569; PL 101–410                           retention and exchange of information                 Timetable:
     CFR Citation: 28 CFR 20                                 on nonserious offenses (NSOs) if
                                                             provided to the FBI for retention by the              Action                    Date        FR Cite
     Legal Deadline: None
                                                             submitting jurisdiction.                              NPRM                    02/00/05
     Abstract: This rule (1) clarifies that the                                                                    NPRM Comment            04/00/05
     FBI’s authority to exchange Criminal                    These changes are being made because
                                                             of modern business practices in the                    Period End
     History Record Information (CHRI) with
     officials of federally chartered or                     financial services industry. The FBI                  Regulatory Flexibility Analysis
     insured banking institutions to promote                 now concludes that the security of                    Required: No
     or maintain the security of those                       federally chartered or insured banking
                                                             institutions implicates employees of                  Government Levels Affected: None
     institutions includes the exchange of
     CHRI on individuals other than banking                  other entities closely related to or                  Agency Contact: Harold M. Sklar,
     institution employees when the                          intimately involved in banking, such                  Attorney–Advisor, Department of
     purpose of the background check is                      as, bank subsidiaries, parent or sister               Justice, Federal Bureau of Investigation,
     reasonably related to maintaining or                    companies, and bank holding                           CJIS Division Module E–3, 1000 Custer
     promoting the security of federally                     companies.                                            Hollow Road, Clarksburg, WV 26306
     chartered or insured banking                            Moreover, in recent years, human                      Phone: 304 625–2000
     institutions; (2) permits access to CHRI                resources’ offices in the financial                   RIN: 1110–AA20


     Department of Justice (DOJ)                                                                                                            Final Rule Stage
     Federal Bureau of Investigation (FBI)

     1948. IMPLEMENTATION OF THE                             include certain information about each                Regulatory Flexibility Analysis
     NATIONAL STOLEN PASSENGER                               passenger motor vehicle reported to a                 Required: No
     MOTOR VEHICLE INFORMATION                               law enforcement agency as stolen and                  Government Levels Affected: None
     SYSTEM (NSPMVIS)                                        not recovered. The rule provides how
                                                             an individual or entity may obtain                    Additional Information: The Criminal
     Priority: Other Significant
                                                             information from the system on                        Division will issue a related regulation
     Legal Authority: 49 USC 33109 to                                                                              to implement the National Motor
     33111                                                   whether a vehicle or part is listed as
                                                                                                                   Vehicle Title Information System
                                                             stolen. The rule also provides
     CFR Citation: 28 CFR 89                                                                                       (NMVTIS). As required by statute, 49
                                                             verification procedures to be followed
                                                                                                                   U.S.C. section 30504(a), the regulation
     Legal Deadline: None                                    by insurance carriers and certain motor
                                                                                                                   will direct junk yard and salvage yard
     Abstract: The Attorney General is                       vehicle part businesses. In order to                  operators and insurance carriers to file
     required to establish a National Stolen                 verify the theft status of a part or junk             monthly reports with the operator of
     Passenger Motor Vehicle Information                     or salvage vehicle, an identification                 the NMVTIS concerning vehicles in
     System (NSPMVIS) pursuant to the                        number will have to be obtained from                  their possession. (See RIN 1105-AA71.)
     Anti Car Theft Act of 1992 (49 U.S.C.                   the part or vehicle.
     33109 to 33111). The FBI is                                                                                   (RIN 1110-AA01 has been transferred
     coordinating efforts in this matter and,                Timetable:                                            from RIN 1105-AA44.)
     under delegated authority from the                      Action                       Date        FR Cite      Agency Contact: Buffy M. Bonafield,
     Attorney General, the FBI is issuing                                                                          Criminal Info Coordination, Department
     this rule to establish a national system                NPRM                     04/09/02 67 FR 17027         of Justice, Federal Bureau of
     to verify the theft status of major motor               NPRM Comment             06/10/02                     Investigation, CJIS Division Module
     vehicle component parts and junk or                       Period End                                          C–3, Clarksburg, WV 26306
     salvage vehicles. The system will                       Final Action             06/00/05                     Phone: 304 625–2000


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                         Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                  73439

     DOJ—FBI                                                                                                                               Final Rule Stage


     Fax: 304 625–3875                                       published a Notice of Actual and                      Action                    Date        FR Cite
     RIN: 1110–AA01                                          Maximum Capacity in order to provide
                                                             telecommunications carriers with the                  Finalization of       03/00/05
                                                             information they will need to meet law                  Supplement to Final
                                                                                                                     Notice of Capacity
     1949. REGULATIONS UNDER THE                             enforcement’s future simultaneous                       Responding to
     PAM LYCHNER SEXUAL OFFENDER                             electronic surveillance requirements.                   Remand
     TRACKING AND IDENTIFICATION ACT                         The FBI published the Final Notice of
                                                             Capacity for local exchange, cellular,                Regulatory Flexibility Analysis
     Priority: Substantive, Nonsignificant                                                                         Required: No
                                                             and broadband PCS on March 12, 1998
     Unfunded Mandates: Undetermined                         (63 FR 12218).                                        Small Entities Affected: No
     Legal Authority: PL 104–236, sec 9                      This Notice provided numerical                        Government Levels Affected: None
     CFR Citation: Not Yet Determined                        requirements for the ‘‘actual’’ and
                                                             ‘‘maximum’’ numbers of surveillance                   Additional Information: See also RINs
     Legal Deadline: Other, Statutory,                                                                             1110-AA21 and 1110-AA22.
     October 3, 1999, The Act does not                       that wired and wireless telephone
                                                             networks should be able to                            Agency Contact: Eric Mason, Unit
     distinguish between NPRM and final
                                                             accommodate, broken down by                           Chief, Department of Justice, Federal
     regulations.
                                                             geographic region. The numbers were                   Bureau of Investigation, Suite 300,
     Abstract: The FBI is issuing regulations                derived from a survey and analysis of                 14800 Conference Center Drive, Suite
     to carry out the Pam Lychner Sexual                     the numbers of surveillance historically              300, Chantilly, VA 20151
     Offender Tracking and Identification                    conducted at the same time in every                   Phone: 703 814–4791
     Act of 1996. These regulations include                  region throughout the country.                        Fax: 703 814–4750
     guidelines as to the operation and use
                                                             After its issuance, telecommunications                RIN: 1110–AA10
     of the national sex offender registry                   carriers and trade associations
     established by the FBI and the notice                   challenged the Final Notice on a
     to be provided to the FBI in the event                  number of grounds, primarily alleging                 1951. COMMUNICATIONS
     a registered sex offender moves                         that the numbers of surveillance stated               ASSISTANCE FOR LAW
     interstate. The Bureau published its                    therein were too high. To summarize,                  ENFORCEMENT ACT: DEFINITIONS
     proposed rule on February 16, 1999, at                  the FBI was directed by the Court of                  OF ‘‘REPLACED’’ AND
     64 FR 7562.                                             Appeals to provide further explanation                ‘‘SIGNIFICANTLY UPGRADED OR
     Timetable:                                              on two issues: (1) The decision to treat              OTHERWISE UNDERGONE MAJOR
                                                             as ‘‘simultaneous’’ any two or more                   MODIFICATION’’
     Action                     Date          FR Cite
                                                             historical surveillance on the same day               Priority: Other Significant. Major status
     NPRM                     02/16/99 64 FR 7562            and, (2) the decision to set forth only               under 5 USC 801 is undetermined.
     NPRM Comment             04/19/99                       one ‘‘actual’’ and one ‘‘maximum’’
       Period End                                            capacity requirement number per                       Legal Authority: PL 103–414
     Final Action             12/00/04                       region, rather than separate                          Communications Assistance for Law
                                                             requirements for each type of                         Enforcement Act; PL 104–208 Omnibus
     Regulatory Flexibility Analysis
                                                             surveillance.                                         Consolidated Appropriations Act of
     Required: No
                                                                                                                   1997
     Government Levels Affected: Local,                      This Supplemental Notice provides
     State, Tribal                                           further explanation for the FBI’s                     CFR Citation: 28 CFR 100
                                                             interpretation of the term                            Legal Deadline: None
     Additional Information: Transferred
                                                             ‘‘simultaneously,’’ and sets forth a new
     from RIN 1105-AA56.                                                                                           Abstract: As required by section 109
                                                             method of interpreting the existing
     Agency Contact: Venetia A. King,                                                                              of the Communications Assistance for
                                                             capacity requirements that will allow
     Management Analyst, Department of                                                                             Law Enforcement Act (CALEA), the FBI
                                                             carriers to break out the number of
     Justice, Federal Bureau of Investigation,               communications interceptions from the                 promulgated Cost Recovery Regulations
     CJIS Division MOD C3, 1000 Custer                       total requirement. The Supplement also                allowing telecommunications carriers to
     Hollow Road, Clarksburg, WV 26306                       sets forth new guidance that will                     recover certain costs associated with
     Phone: 304 625–2000                                     reduce the requirements for                           implementing CALEA. The final rule
                                                             simultaneous communications                           was published on March 20, 1997 (62
     RIN: 1110–AA04                                                                                                FR 13307), and became effective on
                                                             interceptions applicable to carriers
                                                             operating in regions with high capacity               April 21, 1997. In response to public
     1950. FINAL NOTICE OF CAPACITY;                         requirements. This is being done to                   comment received during this
     SUPPLEMENT TO RESPOND TO                                reduce the concerns raised by the Court               rulemaking, the FBI published an
     REMAND                                                  of Appeals.                                           ANPRM on November 19, 1996 (61 FR
                                                                                                                   58799), which solicited input on the
     Priority: Substantive, Nonsignificant                   Timetable:                                            definition of the term ‘‘significant
     Legal Authority: 47 USC 1003(a)(1)                      Action                       Date        FR Cite      upgrade or major modification’’ as used
     CFR Citation: None                                      Supplement to Final      12/05/03 68 FR 68112
                                                                                                                   by CALEA. The ‘‘significant upgrade or
                                                               Notice of Capacity                                  major modification’’ NPRM was
     Legal Deadline: None                                                                                          published on April 28, 1998 (63 FR
                                                               Responding to
     Abstract: As required by section 104                      Remand                                              23231). A supplemental NPRM
     of the Communications Assistance for                    Comment Period on        02/03/04                     proposing definitions was published on
     Law Enforcement Act (CALEA), the FBI                      Supplement End                                      October 5, 2001. The FBI is currently


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     73440               Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     DOJ—FBI                                                                                                                               Final Rule Stage


     reviewing comments received and is                      This rulemaking is not a new action.                  were due August 29, 2000. Information
     drafting a final rule which will define                 (For other CALEA-related rulemakings,                 gathered in response to the FNOI will
     the terms ‘‘replaced’’ and ‘‘significantly              see RINs 1110-AA10 and 1110-AA22.)                    be used in the publication of an Initial
     upgraded or otherwise undergone major                   Agency Contact: Eric Mason, Unit                      Notice of Capacity for developing
     modification,’’ for the purposes of the                 Chief, Department of Justice, Federal                 reasonable capacity methodologies for
     Cost Recovery Regulations.                              Bureau of Investigation, Suite 300,                   the paging, mobile satellite, specialized
     Timetable:                                              14800 Conference Center Drive, Suite                  mobile radio, and enhanced specialized
                                                             300, Chantilly, VA 20151                              mobile radio services.
     Action                     Date          FR Cite
                                                             Phone: 703 814–4791                                   Timetable:
     ANPRM                    11/19/96 61 FR 58799           Fax: 703 814–4750
     ANPRM Comment            12/19/96                                                                             Action                    Date        FR Cite
       Period End                                            RIN: 1110–AA21
                                                                                                                   Notice of Inquiry (Cap 12/18/98 63 FR 70160
     NPRM                     04/28/98 63 FR 23231                                                                   Methodology)
     NPRM Comment             06/29/98                       1952. IMPLEMENTATION OF                               Further Notice of      06/30/00 65 FR 40694
       Period End                                            SECTIONS 104 AND 109 OF THE                             Inquiry (Cap
     Supplemental NPRM        10/05/01 66 FR 50931           COMMUNICATIONS ASSISTANCE FOR                           Methodology)
       Proposing                                                                                                   Notice of Capacity     04/00/05
       Definitions
                                                             LAW ENFORCEMENT ACT—NOTICE
     Supplemental NPRM        12/04/01
                                                             OF ACTUAL AND MAXIMUM                                 Regulatory Flexibility Analysis
       Comment Period                                        CAPACITY: PAGING, MSS, SMR, AND                       Required: Yes
       End                                                   ESMR
     Final Action             04/00/05                       Priority: Other Significant. Major status             Small Entities Affected: Businesses
     Regulatory Flexibility Analysis                         under 5 USC 801 is undetermined.                      Government Levels Affected: None
     Required: Yes                                           Legal Authority: PL 103–414
                                                                                                                   Additional Information: While CALEA
     Small Entities Affected: Businesses                     Communications Assistance for Law
                                                                                                                   required telecommunications carriers to
                                                             Enforcement Act; PL 104–208 Omnibus
     Government Levels Affected: None                                                                              be in compliance with section 103 by
                                                             Consolidated Appropriations Act of
     Additional Information: While CALEA                                                                           October 25, 1998, the FCC exercised its
                                                             1997
     required telecommunications carriers to                                                                       authority under section 107 of CALEA
     be in compliance with section 103 by                    CFR Citation: 28 CFR 100                              to grant carriers extensions of this
     October 25, 1998, the FCC exercised its                 Legal Deadline: None                                  compliance date. As a result of the
     authority under section 107 of CALEA                                                                          FCC’s order, carriers must now be in
                                                             Abstract: Section 104 of the                          compliance with section 103 by June
     to grant carriers extensions of this                    Communications Assistance for Law
     compliance date. As a result of the                                                                           30, 2000. If compliance is not
                                                             Enforcement Act (CALEA) requires the                  reasonably achievable through
     FCC’s order, carriers must now be in                    Attorney General to publish a Notice
     compliance with section 103 by June                                                                           application of available technology, the
                                                             of Actual and Maximum Capacity in                     carrier may petition the FCC for a
     30, 2000. If compliance is not                          order to provide telecommunications
     reasonably achievable through                                                                                 section 107 extension of up to 2 years.
                                                             carriers with the information they will               By subsequent FCC orders, the
     application of available technology, the                need to meet law enforcement’s future
     carrier may petition the FCC for a                                                                            assistance capability compliance date
                                                             simultaneous electronic surveillance                  for packet mode communication is
     section 107 extension of up to 2 years.                 requirements. For local exchange,
     By subsequent FCC orders, the                                                                                 November 19, 2001, and for the
                                                             cellular, and broadband PCS, the FBI                  additional capabilities/‘‘punchlist’’
     assistance capability compliance date                   published an Initial Notice of Capacity
     for packet mode communication is                                                                              capabilities is June 30, 2002. Carriers
                                                             on October 16, 1995 (60 FR 53643), and                may again petition the FCC for a
     November 19, 2001, and for the                          a Second Notice of Capacity on January
     additional capabilities/‘‘punchlist’’                                                                         section 107 extension. Lastly, as a
                                                             14, 1997 (62 FR 1902). The FBI                        result of the publication of the Final
     capabilities is June 30, 2002. Carriers                 published the Final Notice of Capacity
     may again petition the FCC for a                                                                              Notice of Capacity for local exchange,
                                                             for local exchange, cellular, and                     cellular, and broadband PCS carriers,
     section 107 extension. Lastly, as a                     broadband PCS on March 12, 1998 (63
     result of the publication of the Final                                                                        these carriers must be in compliance
                                                             FR 12218). Additionally, the FBI                      with section 104 by March 12, 2001.
     Notice of Capacity for local exchange,                  published a Notice of Inquiry (NOI) in
     cellular, and broadband PCS carriers,                   the Federal Register on December 18,                  This rulemaking 1110-AA22 continues
     these carriers must be in compliance                    1998 (63 FR 70160), which solicited                   the rulemaking previously listed as
     with section 104 by March 12, 2001.                     information on and suggestions for                    ‘‘child’’ RIN 1110-AA13 under ‘‘parent’’
     TRANSFERRED RIN: This rulemaking                        developing reasonable methodologies                   RIN 1110-AA00. This rulemaking has
     1110-AA21 continues the rulemaking                      for characterizing capacity requirements              been transferred to RIN 1110-AA22
     previously listed as ‘‘child’’ RIN 1110-                for telecommunications services and                   because the computer system used by
     AA12 under ‘‘parent’’ RIN 1110-AA00.                    technologies other than local exchange,               the Regulatory Information Service
     This rulemaking has been transferred to                 cellular, and broadband PCS.                          Center (RISC) to compile the Unified
     RIN 1110-AA21 because the computer                      Comments were due on February 16,                     Agenda no longer supports ‘‘parent’’
     system used by the Regulatory                           1999. Information gathered in response                and ‘‘child’’ RINs. This rulemaking is
     Information Service Center (RISC) to                    to the NOI was used in publishing the                 not a new action. (For other CALEA-
     compile the Unified Agenda no longer                    Further Notice of Inquiry (FNOI) on                   related rulemakings, see RINs 1110-
     supports ‘‘parent’’ and ‘‘child’’ RINs.                 June 30, 2000 (65 FR 40694). Comments                 AA10 and 1110-AA21.)


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                         Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                  73441

     DOJ—FBI                                                                                                                               Final Rule Stage


     Agency Contact: Eric Mason, Unit                        14800 Conference Center Drive, Suite                  Fax: 703 814–4750
     Chief, Department of Justice, Federal                   300, Chantilly, VA 20151
     Bureau of Investigation, Suite 300,                     Phone: 703 814–4791                                   RIN: 1110–AA22


     Department of Justice (DOJ)                                                                                                         Completed Actions
     Federal Bureau of Investigation (FBI)

     1953. NATIONAL INSTANT CRIMINAL                         Completed:                                            Small Entities Affected: No
     BACKGROUND CHECK SYSTEM                                 Reason                       Date        FR Cite      Government Levels Affected: Federal,
     Priority: Other Significant                             Final Action             07/23/04 69 FR 43892         State, Tribal

     CFR Citation: 28 CFR 25(b)(1); 28 CFR                   Final Action Effective   07/20/04                     Agency Contact: Eugene Donaldson
     25(b)(2); 28 CFR 25(b)(3); 28 CFR                       Regulatory Flexibility Analysis                       Phone: 304 625–3500
     25.9(b)(4); 28 CFR 25.2; . . .                          Required: No                                          RIN: 1110–AA07

     Department of Justice (DOJ)                                                                                                     Proposed Rule Stage
     Legal Activities (LA)

     1954. REPORTING UNDER THE                               As amended by the Consolidated                        In a related matter, RIN 1105-AA65,
     PROTECTION OF CHILDREN FROM                             Appropriations Act, 2000, Public Law                  ‘‘Designation of Agencies To Receive
     SEXUAL PREDATORS ACT AS                                 No. 106-113, the PCSPA requires                       and Investigate Reports Required Under
     AMENDED                                                 providers to report such incidents to                 the Protection of Children from Sexual
                                                             the Cyber Tipline at the National                     Predators Act,’’ interim final rule
     Priority: Other Significant                             Center for Missing and Exploited                      published November 4, 2003, 68 FR
     Legal Authority: 42 USC 13032                           Children (NCMEC), which shall                         62370, the Department designated four
                                                             forward that report to a law                          law enforcement agencies to receive
     CFR Citation: 28 CFR 81                                 enforcement agency or agencies                        and investigate such reports.
     Legal Deadline: None                                    designated by the Attorney General. As
                                                             amended by the Prosecutorial Remedies                 Timetable:
     Abstract: On October 30, 1998,                          and Other Tools to End the                            Action                    Date        FR Cite
     Congress passed the Protection of                       Exploitation of Children Today Act of
     Children From Sexual Predators Act of                                                                         NPRM                    03/00/05
                                                             2003, Public Law No. 108-066, the
     1998 (PCSPA). The PCSPA requires                                                                              NPRM Comment            05/00/05
                                                             PCSPA also requires providers to report
                                                                                                                    Period End
     providers of an electronic                              incidents of child pornography
     communication service or a remote                       involving violations of section 2252B of              Regulatory Flexibility Analysis
     computing service to the public,                        title 18, United States Code, and                     Required: Undetermined
     through a facility or means of interstate               incidents of violations of section
     or foreign commerce, to report                          1466A, title 18, United States Code,                  Government Levels Affected: None
     incidents of child pornography as                       and permits NCMEC to forward reports                  Agency Contact: Andrew Oosterbaan,
     defined by sections 2251, 2251A, 2252,                  to State and local law enforcement                    Chief, Child Exploitation and Obscenity
     2252A, or 2260 of title 18, United                      agencies where appropriate. A notice of               Section, Department of Justice, 1400
     States Code, to the appropriate Federal                 proposed rulemaking is being prepared                 New York Avenue NW, Suite 600,
     agency. In order to facilitate effective                that will provide guidance to the                     Washington, DC 20530
     reporting, the PCSPA requires the                       providers, NCMEC, and the designated                  Phone: 202 514–5780
     Attorney General to ‘‘designate an                      law enforcement agencies on the                       Fax: 202 514–1793
     agency’’ to receive and investigate such                content of such reports and how the
     reports of child pornography.                           reports will be processed.                            RIN: 1105–AB06


     Department of Justice (DOJ)                                                                                                            Final Rule Stage
     Legal Activities (LA)

     1955. DESIGNATION OF AGENCIES                           CFR Citation: 28 CFR 81                               providers of an electronic
     TO RECEIVE AND INVESTIGATE                                                                                    communication service or a remote
     REPORTS REQUIRED UNDER THE                              Legal Deadline: NPRM, Statutory, April                computing service to the public,
     PROTECTION OF CHILDREN FROM                             28, 1999.                                             through a facility or means of interstate
     SEXUAL PREDATORS ACT                                    Abstract: On October 30, 1998,                        or foreign commerce, to report
                                                             Congress passed the Protection of                     incidents of child pornography as
     Priority: Substantive, Nonsignificant
                                                             Children From Sexual Predators Act of                 defined by sections 2251, 2251A, 2252,
     Legal Authority: 42 USC 13032                           1998 (PCSPA). The PCSPA requires                      2252A, or 2260 of title 18, United


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     73442                Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     DOJ—LA                                                                                                                                Final Rule Stage


     States Code, to the appropriate Federal                 Action                       Date        FR Cite      Suite 500, National Theatre Building,
     agency. In order to facilitate effective                                                                      1325 Pennsylvania Avenue NW,
                                                             Interim Final Rule       01/05/04                     Washington, DC 20530
     reporting, the PCSPA requires the
                                                                Comment Period                                     Phone: 202 514–0458
     Attorney General to ‘‘designate an                         End
     agency’’ to receive and investigate such                                                                      Fax: 202 353–7491
                                                             Final Action             04/00/05
     reports of child pornography. The                                                                             RIN: 1105–AA67
     proposed rule previously published set                  Regulatory Flexibility Analysis
     forth the Attorney General’s proposed                   Required: No
     designations and certain other matters                  Government Levels Affected: Federal                   1957. MINIMUM QUALIFICATIONS FOR
     covered by the PCSPA’s reporting                                                                              ANNUITY BROKERS IN CONNECTION
                                                             Agency Contact: Andrew Oosterbaan,                    WITH STRUCTURED SETTLEMENTS
     requirements.                                           Chief, Child Exploitation and Obscenity               ENTERED INTO BY THE UNITED
                                                             Section, Department of Justice, 1400                  STATES
     On November 29, 1999, as part of the
                                                             New York Avenue NW, Suite 600,
     Consolidated Appropriations Act, 2000,                                                                        Priority: Other Significant
                                                             Washington, DC 20530
     Public Law 106-113, 113 Stat. 1501,
                                                             Phone: 202 514–5780                                   Legal Authority: PL 107–273, sec 11015
     Congress amended 42 U.S.C. 13032 to
                                                             Fax: 202 514–1793
     require providers to report such                                                                              CFR Citation: 28 CFR 50
     incidents to the Cyber Tipline at the                   RIN: 1105–AA65
                                                                                                                   Legal Deadline: Final, Statutory, May
     National Center for Missing and                                                                               2, 2003.
     Exploited Children (NCMEC), which                       1956. ETHICAL STANDARDS FOR
     shall forward that report to a law                                                                            Abstract: This rule implements section
                                                             ATTORNEYS FOR THE GOVERNMENT                          11015(a) of Public Law 107-273, the
     enforcement agency or agencies
                                                             Priority: Substantive, Nonsignificant                 21st Century Department of Justice
     designated by the Attorney General. As
                                                             Legal Authority: 28 USC 530B                          Appropriations Authorization Act,
     amended by the Prosecutorial Remedies
                                                                                                                   which was enacted on November 2,
     and Other Tools to End the                              CFR Citation: 28 CFR 77                               2002. Section 11015(a) provides: ‘‘Not
     Exploitation of Children Today Act of
                                                             Legal Deadline: Final, Statutory, April               later than 6 months after the date of
     2003, Public Law No. 108-066, the
                                                             19, 1999.                                             enactment of this Act, the Attorney
     PCSPA also requires providers to report                                                                       General shall establish a list of annuity
     incidents of child pornography                          Abstract: This rule supersedes the
                                                             Department of Justice regulations                     brokers who meet minimum
     involving violations of section 2252B of                                                                      qualifications for providing annuity
     title 18, United States Code, and                       relating to Communications with
                                                             Represented Persons and implements                    brokerage services in connection with
     incidents of violations of section                                                                            structured settlements entered by the
     1466A, title 18, United States Code,                    28 U.S.C. 530B pertaining to ethical
                                                             standards for attorneys for the                       United States. This list shall be
     and permits NCMEC to forward reports                                                                          updated upon request by any annuity
     to State and local law enforcement                      Government. Under that provision, an
                                                             attorney for the Government shall be                  broker that meets the minimum
     agencies where appropriate. On                                                                                qualifications for inclusion on the list.
     November 4, 2003, an interim final rule                 subject to State laws and rules, and
                                                             local Federal court rules governing                   The Attorney General shall transmit
     was published designating four Federal                                                                        such list, and any updates to such list,
     law enforcement agencies that will                      attorneys in each State where such
                                                             attorney engages in that attorney’s                   to all United States Attorneys.‘‘ The
     receive reports pursuant to 42 U.S.C.                                                                         rule sets forth the minimum
     13032. These include the Federal                        duties, to the same extent and in the
                                                             same manner as other attorneys in that                qualifications for an annuity broker to
     Bureau of Investigation, the Bureau of                                                                        be included on the list and the
     Immigration and Customs Enforcement,                    State. This rule fulfills the Attorney
                                                             General’s obligation under section 530B               procedures to be followed by
     the U.S. Postal Inspection Service, and                                                                       individual annuity brokers who desire
     the U.S. Secret Service.                                and provides guidance to all
                                                             Department of Justice employees who                   to be listed.
     In a related matter, RIN 1105-AB06,                     are subject to section 530B regarding                 To be considered for inclusion on the
     ‘‘Reporting Under the Protection of                     their obligations and responsibilities                initial list to be transmitted to all
     Children From Sexual Predators Act, as                  under this new provision.                             United States Attorneys, annuity
     Amended,’’ the Department is                            Timetable:                                            brokers must submit the Declaration set
     preparing a notice of proposed                                                                                forth on the Civil Division website to
                                                             Action                       Date        FR Cite      the Department of Justice’s Torts
     rulemaking to provide guidance to
     those law enforcement agencies and to                   Interim Final Rule       04/19/99 64 FR 19273         Branch at the address provided below
     the providers making the reports.                       Interim Final Rule       06/21/99                     by no later than April 24, 2003. (A
                                                                Comment Period                                     copy of the Declaration is also included
     Timetable:                                                 End                                                as an appendix to this rule, but will
     Action                     Date          FR Cite
                                                             Final Action             04/00/05                     not be included in the Code of Federal
                                                             Regulatory Flexibility Analysis                       Regulations, as it may be revised later.
     NPRM                     05/26/99 64 FR 28422           Required: No                                          The most current version of the
     NPRM Comment             07/26/99                                                                             Declaration will be available for
        Period End                                           Government Levels Affected: None                      download on the Civil Division’s Web
     Interim Final Rule       11/04/03 68 FR 62370           Agency Contact: Claudia J. Flynn,                     site.) Submissions received after April
     Interim Final Rule       12/04/03                       Director, Professional Responsibility                 24, 2003, will be considered for
        Effective                                            Advisory Office, Department of Justice,               inclusion in the next update of the list.


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                         Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                  73443

     DOJ—LA                                                                                                                                Final Rule Stage


     The list will be revised periodically,                  28 CFR part 75 currently contains                     The STOP grants are awarded to States
     but not more often than twice every                     recordkeeping and inspection                          and territories to develop and
     calendar year, beginning with calendar                  requirements implementing section                     strengthen the criminal justice system’s
     year 2004. Each calendar year, a new                    2257, title 18, United States Code. This              response to violence against women
     list will be transmitted. For each                      rule amends these requirements to                     and to support and enhance services
     calendar year, a broker must submit a                   bring the regulations up to date with                 for victims. The STOP VAIW grants are
     new declaration to be included on the                   current law and will make the                         intended to develop and strengthen
     list.                                                   inspection process effective for the                  tribal law enforcement and prosecution
     Timetable:                                              purposes set by Congress in enacting                  efforts to combat violence against
                                                             section 2257.                                         Indian women and to develop and
     Action                     Date          FR Cite                                                              enhance services for victims of such
                                                             Timetable:
     Interim Final Rule       04/15/03 68 FR 18119                                                                 crimes.
     Interim Final Rule       07/14/03                       Action                       Date        FR Cite
                                                                                                                   The STOP statute, 42 U.S.C. section
        Comment Period                                       NPRM                     06/25/04 69 FR 35547
        End                                                                                                        3796gg-1(f), provides: ‘‘The Federal
                                                             NPRM Comment             08/24/04                     share of a grant made under [these
     Final Action             12/00/04                         Period End                                          grant programs] may not exceed 75
     Regulatory Flexibility Analysis                         Final Action             03/00/05                     percent of the total costs of the projects
     Required: No                                            Regulatory Flexibility Analysis                       described in the application
     Government Levels Affected: None                        Required: Undetermined                                submitted.’’ In accordance with the
     Agency Contact: Kenneth L. Zwick,                       Government Levels Affected: None                      statutory matching funds requirement,
     Director, Office of Management                                                                                States and Indian tribal governments
                                                             Agency Contact: Andrew Oosterbaan,                    receiving funds under these two
     Programs, Department of Justice, Civil
                                                             Chief, Child Exploitation and Obscenity               programs must ensure that only 75
     Division, Room 3140, 950 Pennsylvania
                                                             Section, Department of Justice, 1400                  percent of their total budget for the
     Avenue NW, Washington, DC 20530
                                                             New York Avenue NW, Suite 600,                        grant project comes from STOP grant
     Phone: 202 514–4552
                                                             Washington, DC 20530                                  funds. The purpose of requiring STOP
     Email: ken.zwick@usdoj.gov
                                                             Phone: 202 514–5780                                   formula fund grantees to provide a 25
     RIN: 1105–AA82                                          Fax: 202 514–1793                                     percent match is to augment the
                                                             RIN: 1105–AB05                                        resources available to the project from
     1958. INSPECTION OF RECORDS                                                                                   grant funds and to foster the dedication
     RELATING TO DEPICTION OF                                                                                      of State, local, and community
     SEXUALLY EXPLICIT                                       1959. ∑ STOP VIOLENCE AGAINST                         resources to the purposes of the project.
     PERFORMANCES                                            WOMEN FORMULA GRANT
                                                             PROGRAM AND STOP VIOLENCE                             Currently, 28 CFR section 90.17(c) and
     Priority: Other Significant                             AGAINST INDIAN WOMEN                                  section 90.55(c) prohibit State and
     Legal Authority: 18 USC 2257                            DISCRETIONARY GRANT PROGRAM:                          Indian tribal government grantees from
                                                             CLARIFICATION OF MATCH                                passing on any portion of the 25
     CFR Citation: 28 CFR 75                                                                                       percent match requirement to any
                                                             REQUIREMENT
     Legal Deadline: None                                                                                          subgrantees who are nonprofit,
                                                             Priority: Substantive, Nonsignificant.                nongovernmental victim vices
     Abstract: In the Child Protection and                   Major status under 5 USC 801 is
     Obscenity Enforcement Act of 1998,                                                                            programs, even though the statute
                                                             undetermined.                                         contains no such prohibition. Because
     Public Law No. 100-690, as amended
     by the Child Protection Restoration and                 Legal Authority: 42 USC 3796gg–1(f)                   there is no statutory support for these
     Penalties Enhancement Act of 1990,                                                                            provisions, the Office of Violence
                                                             CFR Citation: 28 CFR 90
     Public Law No. 101-647, and the                                                                               Against Women is removing them from
     Prosecutorial Remedies and Other                        Legal Deadline: None                                  the regulations.
     Tools to End the Exploitation of                        Abstract: The Office on Violence                      Timetable:
     Children Today Act of 2003, Public                      Against Women is amending the
                                                                                                                   Action                    Date        FR Cite
     Law No. 108-21, Congress set forth                      regulations for the STOP (Services;
     requirements at section 2257, title 18,                 Training; Officers; Prosecutors)                      NPRM                    12/30/03 68 FR 75184
     United States Code, concerning                          Violence Against Women Formula                        NPRM Comment            02/28/04
     recordkeeping requirements for                          Grant Program and the STOP Violence                     Period End
     producers of sexually explicit material.                Against Indian Women (VAIW)                           Final Action            12/00/04
     Section 2257 of title 18, United States                 Discretionary Grant Program in 28 CFR                 Regulatory Flexibility Analysis
     Code, specifies steps that must be taken                sections 90.17 and 90.55, respectively,               Required: No
     by persons who produce materials                        to reflect the statutory provision in 42
     depicting sexually explicit conduct to                  U.S.C. section 3796gg-1(f) requiring that             Government Levels Affected: State,
     determine the names and dates of birth                  each STOP fund grantee provide non-                   Tribal
     of persons depicted in those materials,                 Federal matching funds in an amount                   Additional Information: This
     lists records that must be kept by                      equal to 25 percent of the total costs                rulemaking continues the action
     persons producing those materials, and                  of the projects described in the                      previously reported under RIN 1121-
     requires that notices as to the location                application for funds. This amendment                 AA67. It was assigned a new RIN to
     of those records be affixed to those                    is necessary to make the regulations                  reflect the establishment of the Office
     materials.                                              consistent with the statute.                          on Violence Against Women as a


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     73444               Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     DOJ—LA                                                                                                                                Final Rule Stage


     component of the Department separate                    Agency Contact: Marnie Shields,                       Phone: 202 305–2981
     from the Office of Justice Programs.                    Department of Justice, Office on                      Email: shielsm@ojp.usdoj.gov
                                                             Violence Against Women, Washington,
                                                             DC 20405                                              RIN: 1105–AB07


     Department of Justice (DOJ)                                                                                                         Long-Term Actions
     Legal Activities (LA)

     1960. NATIONAL MOTOR VEHICLE                            Phone: 202 305–4023                                   Timetable:
     TITLE INFORMATION SYSTEM                                Fax: 202 305–0562
                                                                                                                   Action                    Date        FR Cite
     (NMVTIS) REPORTING REGULATIONS                          RIN: 1105–AA71
     Priority: Other Significant. Major status                                                                     NPRM                       To Be Determined
     under 5 USC 801 is undetermined.                        1961. ENHANCED NOTICE AND                             Regulatory Flexibility Analysis
     CFR Citation: Not Yet Determined                        RELEASE PROCEDURES FOR                                Required: No
     Timetable:                                              OWNERS OF SEIZED PROPERTY
                                                             PURSUANT TO THE CAFRA OF 2000;                        Government Levels Affected: None
     Action                     Date          FR Cite        DISPOSITION OF SEIZED PROPERTY                        Agency Contact: John Hieronymus
     NPRM                        To Be Determined            TOO COSTLY TO MAINTAIN;
                                                                                                                   Phone: 202 307–7636
                                                             CONSOLIDATION OF DEPARTMENT
     Regulatory Flexibility Analysis
                                                             REGULATIONS
     Required: No                                                                                                  Maury V. Taylor
                                                             Priority: Other Significant                           Phone: 202 324–9700
     Small Entities Affected: Businesses
                                                             CFR Citation: 8 CFR 274; 21 CFR 1316;
     Government Levels Affected: None                        28 CFR 8 (Revision); 28 CFR 9                         RIN: 1105–AA74
     Agency Contact: Deborah Sorkin                          (Revision)


     Department of Justice (DOJ)                                                                                                     Proposed Rule Stage
     Office of Justice Programs (OJP)

     1962. PUBLIC SAFETY OFFICERS’                           Timetable:                                            are used as authorized by law. This
     BENEFITS PROGRAM                                        Action                       Date        FR Cite      revision of 28 CFR part 23 updates the
                                                                                                                   regulation for modern technological
     Priority: Other Significant. Major under                NPRM                     01/00/05                     advances, and extends the use of
     5 USC 801.                                              NPRM Comment             03/00/05                     criminal intelligence systems for public
                                                              Period End
     Legal Authority: 42 USC 3711 et seq                                                                           safety purposes.
                                                             Regulatory Flexibility Analysis
     CFR Citation: 28 CFR 32                                 Required: No                                          Timetable:
                                                             Government Levels Affected: None                      Action                    Date        FR Cite
     Legal Deadline: None
                                                             Agency Contact: Hope Janke, Counsel                   NPRM                    01/00/05
     Abstract: The Bureau of Justice                         to the Director, BJA, Department of                   NPRM Comment            03/00/05
     Assistance will be proposing a major,                   Justice, Office of Justice Programs, 810               Period End
     substantive revision of the existing                    7th Street NW, Washington, DC 20531
     regulations (28 CFR part 32) that govern                Phone: 202 307–2858                                   Regulatory Flexibility Analysis
     the Public Safety Officers’ Benefits                    Email: hope.janke@usdoj.gov                           Required: No
     (PSOB) Program to streamline all                        RIN: 1121–AA56                                        Small Entities Affected: No
     aspects of the program and relieve
     claimants of administrative burdens no                                                                        Government Levels Affected: State
     longer deemed necessary. Further, the                   1963. CRIMINAL INTELLIGENCE
     program will need to change as BJA                      SYSTEMS OPERATING POLICIES                            Agency Contact: John J. Wilson, Senior
     moves into a paperless, electronic,                     Priority: Substantive, Nonsignificant                 Counsel, Office of the General Counsel,
     Web-based application/review/payment                    Legal Authority: 42 USC 3711                          Department of Justice, Office of Justice
     program. The proposed revised                                                                                 Programs, Room 5341, 810 Seventh
                                                             CFR Citation: 28 CFR 23                               Street NW, Washington, DC
     regulations will affect all components
     of the program: Death benefits,                         Legal Deadline: None                                  20531–0001
     disability benefits, education benefits,                Abstract: The purpose of this                         Phone: 202 616–3627
     and the related administrative                          regulation is to assure that all criminal             Fax: 202 307–1419
     components governing hearing officers                   intelligence systems operating through                Email: john.wilson.2@usdoj.gov
     and independent medical examinations.                   support under the Omnibus Crime
                                                             Control and Safe Streets Act of 1968                  RIN: 1121–AA59



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                         Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                  73445

     DOJ—OJP                                                                                                                        Proposed Rule Stage


     1964. INTERNATIONAL TERRORISM                           Abstract: The Victims of Crime Act                    CFR Citation: Not Yet Determined
     VICTIM EXPENSE REIMBURSEMENT                            (VOCA) Crime Victim Compensation
                                                                                                                   Legal Deadline: None
     PROGRAM                                                 Program regulations provide the
     Priority: Other Significant                             parameters under which state agencies                 Abstract: The Victim Assistance
                                                             may use these funds to reimburse crime                Program Regulations provide the
     Legal Authority: 42 USC 10603c, sec                     victims directly for expenses related to              parameters under which State agencies
     1404c; PL 104–208, Victims of                           crime. Expenses that must be covered                  may use these funds to award grants
     Trafficking and Violence Protection Act                 are lost wages, medical and mental                    to government and nonprofit
     of 2000                                                 health costs, and funeral and burial                  organizations to provide direct services
     CFR Citation: None                                      costs. States, at their discretion, may               to crime victims. Local programs
                                                             cover loss of support, crime scene                    include child abuse, homicide survivor,
     Legal Deadline: None                                    cleanup, and other such expenses.                     drunk driving, sexual assault, and
     Abstract: The Office of Justice                         VOCA funds are obtained from the                      domestic violence. More than three
     Programs (OJP) is developing these                      Crime Victims Fund in the U.S.                        million crime victims are served
     regulations to implement the                            Treasury, which consists of fines, fees,              through these grants.
     International Terrorism Victim Expense                  and bond forfeitures from federal                     Victims of Crime Act (VOCA) funds are
     Reimbursement Program provisions                        offenders.                                            obtained from the Crime Victims Fund
     contained in the Victims of Trafficking
                                                             Timetable:                                            in the U.S. Treasury, which consists of
     and Violence Protection Act of 2000
                                                                                                                   fines, fees, and bond forfeitures from
     (Pub. L. 104-208), which directs OJP to                 Action                       Date        FR Cite
                                                                                                                   Federal offenders.
     carry out a program to reimburse                        NPRM                     03/00/05
     victims of acts of international                        NPRM Comment             05/00/05                     Costs to States are limited, as the
     terrorism that occur outside the United                  Period End                                           VOCA grant provides for administrative
     States, for expenses associated with                                                                          costs for these programs.
     that victimization.                                     Regulatory Flexibility Analysis
                                                             Required: No                                          Timetable:
     Timetable:
                                                             Small Entities Affected: No                           Action                    Date        FR Cite
     Action                     Date          FR Cite        Government Levels Affected: State                     NPRM                    02/00/05
     NPRM                     01/00/05                       Additional Information:                               NPRM Comment            04/00/05
     NPRM Comment             03/00/05                       TRANSFERRED RIN: This rulemaking                       Period End
      Period End
                                                             1121-AA68 continues the rulemaking                    Regulatory Flexibility Analysis
     Regulatory Flexibility Analysis                         previously listed as ‘‘child’’ RIN 1121-              Required: No
     Required: No                                            AA66 under ‘‘parent’’ RIN 1121-AA61.
                                                             This rulemaking has been transferred to               Small Entities Affected: No
     Small Entities Affected: No
                                                             RIN 1121-AA68 because the computer                    Government Levels Affected: State
     Government Levels Affected: Federal,                    system used by the Regulatory
     Local, State, Tribal                                    Information Service Center (RISC) to                  Additional Information:
     Agency Contact: Barbara Johnson,                        compile the Unified Agenda no longer                  TRANSFERRED RIN: This rulemaking
     Program Manager, Department of                          supports ‘‘parent’’ and ‘‘child’’ RINs.               1121-AA69 continues the rulemaking
     Justice, Office of Justice Programs,                    This rulemaking is not a new action.                  previously listed as ‘‘child’’ RIN 1121-
     Terrorism and International Victims                     (For another VOCA-related rulemaking,                 AA65 under ‘‘parent’’ RIN 1121-AA61.
     Unit, Office for Victims of Crime, 810                  see RIN 1121-AA69)                                    This rulemaking has been transferred to
     7th Street NW, Washington, DC 20531                                                                           RIN 1121-AA69 because the computer
                                                             Agency Contact: Marie Burke, Chief of
     Phone: 202 307–5983                                                                                           system used by the Regulatory
                                                             Staff, OVC, Department of Justice,
                                                                                                                   Information Service Center (RICS) to
     RIN: 1121–AA63                                          Office of Justice Programs, 810 7th
                                                                                                                   compile the Unified Agenda no longer
                                                             Street NW, Washington, DC 20531
                                                                                                                   supports ‘‘parent’’ and ‘‘child’’ RINs.
                                                             Phone: 202 514–5952
     1965. VICTIMS OF CRIME ACT (VOCA)                                                                             This rulemaking is not a new action.
                                                             Email: marie.burke@usdoj.gov
     CRIME VICTIM COMPENSATION                                                                                     (For another VOCA-related rulemaking,
                                                             RIN: 1121–AA68                                        see RIN 1121-AA68).
     PROGRAM REGULATIONS
     Priority: Substantive, Nonsignificant.                                                                        Agency Contact: Marie Burke, Chief of
     Major status under 5 USC 801 is                         1966. VICTIM OF CRIME ACT (VOCA)                      Staff, OVC, Department of Justice,
     undetermined.                                           VICTIM ASSISTANCE PROGRAM                             Office of Justice Programs, 810 7th
                                                             Priority: Other Significant. Major status             Street NW, Washington, DC 20531
     Legal Authority: 42 USC 10602                                                                                 Phone: 202 514–5952
                                                             under 5 USC 801 is undetermined.
     CFR Citation: Not Yet Determined                                                                              Email: marie.burke@usdoj.gov
                                                             Legal Authority: 42 USC 10604, sec
     Legal Deadline: None                                    1407(a), Victims of Crime Act                         RIN: 1121–AA69




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     73446               Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda

     Department of Justice (DOJ)                                                                                                            Final Rule Stage
     Office of Justice Programs (OJP)

     1967. CORRECTIONAL FACILITIES ON                        1968. BULLETPROOF VEST                                1969. ENVIRONMENTAL IMPACT
     TRIBAL LANDS GRANT PROGRAM                              PARTNERSHIP GRANT ACTS OF 1998                        REVIEW PROCEDURES FOR THE
                                                             AND 2000                                              VOI/TIS GRANT PROGRAM
     Priority: Substantive, Nonsignificant
                                                             Priority: Substantive, Nonsignificant                 Priority: Substantive, Nonsignificant
     Legal Authority: 42 USC 13701 et seq                                                                          Legal Authority: 42 USC 13701 et seq,
                                                             Legal Authority: 42 USC 3796ll
                                                                                                                   as amended by PL 104–134; 42 USC
     CFR Citation: 28 CFR 91
                                                             CFR Citation: 28 CFR 33                               4321 et seq; 40 CFR 1500 to 1508
     Legal Deadline: None                                    Legal Deadline: NPRM, Statutory,                      CFR Citation: 28 CFR 91
     Abstract: The Office of Justice                         September 14, 1998.                                   Legal Deadline: None
     Programs is issuing this rulemaking to                  Abstract: The Bureau of Justice                       Abstract: The Office of Justice
     amend the title and the definitions of                  Assistance (BJA) is publishing final                  Programs is issuing this final rule to
     ‘‘Indian tribe’’ and ‘‘construction’’                   regulations implementing the                          set forth the procedures that it and the
     within 28 CFR part 91, subpart C                        Bulletproof Vest Partnership Grant Acts               States that are awarded Federal funds
     (which outlines the requirements and                    of 1998 and 2000, which authorize BJA                 under the Violent Offender
     procedures to award grants to Indian                    funds to eligible States, units of local              Incarceration/Truth-in-Sentencing
     tribes for constructing jails on tribal                 government, and Indian tribes to                      Grants Program must follow in order
     lands for the incarceration of offenders                purchase armored vests for use by law                 to comply with the environmental
     subject to tribal jurisdiction). Congress               enforcement officers. This final rule                 impact review procedures mandated by
     has mandated a new definition of                        reflects the revised process by which                 the National Environmental Policy Act,
     ‘‘Indian tribe,’’ and with this broader                 eligible jurisdictions may register,                  the Council on Environmental Quality’s
     definition, Federal funds through the                   apply, and request funding under BJA’s                implementing regulations, and other
                                                             Internet-Based Bulletproof Vest                       related Federal environmental impact
     Office of Justice Programs are now
                                                             Partnership Grant Program.                            review requirements.
     available to a larger universe of tribal
     entities. The amendment to the                          On September 23, 1998, BJA published                  Timetable:
     definition of ‘‘construction’’ is simply                an interim final rule, with a request for             Action                    Date        FR Cite
     to expand and clarify the existing                      comments (63 FR 50759). The interim
                                                                                                                   Interim Final Rule      08/08/00 65 FR 48592
     definition to assist applicants and                     final rule established the process by
                                                                                                                   Interim Final Rule      08/08/00
     grantees in better understanding the                    which BJA would implement the                            Effective
     allowable scope a project may take.                     Bulletproof Vest Partnership Grant Act                Interim Final Rule      10/10/00
                                                             of 1998. BJA did not receive any                         Comment Period
     Timetable:                                              comments in response to the interim                      End
     Action                     Date          FR Cite        final rule. Nevertheless, BJA initiated               Final Action            08/00/05
                                                             numerous outreach efforts, in the form
     Interim Final Rule       09/24/96 61 FR 49969                                                                 Regulatory Flexibility Analysis
                                                             of focus groups and beta testing, to
                                                                                                                   Required: No
     Correction               10/18/96 61 FR 54333           ensure that all affected parties had
     Interim Final Rule       10/24/96                       ample opportunity to review and                       Government Levels Affected: Federal,
        Comment Period                                       participate in the program’s design and               Local, State, Tribal
        End                                                  development.                                          Agency Contact: Steve Antkowiak,
     Second Interim Final     01/15/04 69 FR 2298                                                                  Special Projects Manager, Department
        Rule                                                 Timetable:
                                                                                                                   of Justice, Office of Justice Programs,
     Second Interim Final     03/15/04                       Action                       Date        FR Cite      810 7th Street NW, Washington, DC
        Rule Comment
                                                             Interim Final Rule       09/23/98 63 FR 50759         20531
        Period End
                                                             Interim Final Rule       09/23/98                     Phone: 202 514–7663
     Final Action             02/00/05
                                                                Effective                                          Email: steve.antkowiak@usdoj.gov
     Regulatory Flexibility Analysis                         Interim Final Rule       11/23/98                     RIN: 1121–AA52
     Required: No                                               Comment Period
                                                                End
     Small Entities Affected: Governmental                   Final Rule               01/00/05                     1970. GOVERNMENTWIDE
     Jurisdictions                                                                                                 DEBARMENT AND SUSPENSION
                                                             Regulatory Flexibility Analysis
                                                                                                                   (NONPROCUREMENT) AND
     Government Levels Affected: Tribal                      Required: Yes
                                                                                                                   GOVERNMENTWIDE REQUIREMENTS
                                                             Small Entities Affected: Businesses                   FOR DRUG–FREE WORKPLACE
     Agency Contact: Maria Pressley,                                                                               (GRANTS)
     Special Projects Manager, BJA,                          Government Levels Affected: Local,
     Department of Justice, Office of Justice                State, Tribal                                         Priority: Substantive, Nonsignificant
     Programs, 810 7th Street NW,                                                                                  Legal Authority: PL 103–355, sec 2455;
                                                             Agency Contact: Robert T. Watkins,
     Washington, DC 20531                                                                                          EO 12549
                                                             Program Manager, Department of
     Phone: 202 353–8643                                     Justice, Office of Justice Programs, 810              CFR Citation: Not Yet Determined
     Fax: 2023544126                                         7th Street NW, Washington, DC 20053                   Legal Deadline: None
     Email: maria.pressley@usdoj.gov                         Phone: 202 514–3447
                                                                                                                   Abstract: The Department of Justice
     RIN: 1121–AA41                                          RIN: 1121–AA48                                        will be adopting the proposed common


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                         Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Unified Agenda                                                73447

     DOJ—OJP                                                                                                                                Final Rule Stage


     rule on debarment and suspension. The                   persons with whom they propose to                     Regulatory Flexibility Analysis
     rule, as adopted, would limit the                       enter into covered transactions. Fourth,              Required: No
     mandatory lower-tier application of an                  the proposed rule on drug-free
     exclusion to the first procurement level                workplace requirements would be                       Government Levels Affected: Federal,
     under a nonprocurement covered                          separated from this proposed rule on                  State
     transaction. Second, this proposed                      debarment and suspension.
     common rule on debarment and                                                                                  Agency Contact: Linda Fallowfield,
                                                             Timetable:                                            Attorney–Advisor, Department of
     suspension would set the dollar
     threshold on prohibited lower-tier                      Action                       Date        FR Cite      Justice, Office of Justice Programs,
     procurement transactions with                                                                                 Office of the General Counsel, 810 7th
                                                             NPRM                     01/23/02 67 FR 3344
     excluded persons at $25,000. Third,                                                                           Street NW, Washington, DC 20531
                                                             NPRM Comment             03/25/02
     both this proposed rule on debarment                       Period End                                         Phone: 202 305–2534
     and suspension and the proposed rule                    Interim Final Rule       11/26/03 68 FR 66354
     on drug-free workplace requirements                                                                           RIN: 1121–AA57
                                                             Interim Final Rule       01/26/04
     would eliminate the mandate for                            Comment Period
     agencies and participants to obtain                        End
     written certifications from awardees or                 Final Action             01/00/05


     Department of Justice (DOJ)                                                                                                         Completed Actions
     Office of Justice Programs (OJP)

     1971. STOP VIOLENCE AGAINST                             Completed:                                            Email: shielsm@ojp.usdoj.gov
     WOMEN FORMULA GRANT                                     Reason                       Date        FR Cite      RIN: 1121–AA67
     PROGRAM AND STOP VIOLENCE
                                                             Transferred to RIN       09/30/04                     [FR Doc. 04–23082 Filed 12–10–04; 8:45 am]
     AGAINST INDIAN WOMEN
     DISCRETIONARY GRANT PROGRAM:                              1105–AB07                                           BILLING CODE 4410–BP–S

     CLARIFICATION OF MATCH                                  Regulatory Flexibility Analysis
     REQUIREMENT                                             Required: No
     Priority: Substantive, Nonsignificant.                  Small Entities Affected: No
     Major status under 5 USC 801 is                         Government Levels Affected: None
     undetermined.
                                                             Agency Contact: Marnie Shiels
     CFR Citation: 28 CFR 90                                 Phone: 202 305–2981




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