13702 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 

(5) Failure to comply with alternative 

storage requirements. If a person listed 

in § 163.2 uses an alternative storage 

method for records that is not in 

compliance with the conditions and 

requirements of this section, CBP may 

issue a written notice informing the 

person of the facts giving rise to the 

notice and directing that the alternative 

storage method must be discontinued in 

30 calendar days unless the person 

provides written notice to the issuing 

CBP office within that time period that 

explains, to CBP’s satisfaction, how 

compliance has been achieved. Failure 

to timely respond to CBP will result in 

CBP requiring discontinuance of the 

alternative storage method until a 

written statement explaining how 

compliance has been achieved has been 

received and accepted by CBP. 

§ 163.12 [Amended] 

5. In § 163.12: 

a. Paragraph (a) is amended by 

removing the word ‘‘Customs’’ wherever 

it appears and adding in its place the 

term ‘‘CBP’’; 

b. Paragraph (b)(2) is amended: by 

removing the word ‘‘shall’’ wherever it 

appears and adding in its place the 

word ‘‘must’’, and; in the second 

sentence, by removing the words 

‘‘Customs Recordkeeping’’ and adding in 

their place the words ‘‘CBP 

Recordkeeping’’ and removing the 

language ‘‘the Customs Electronic 

Bulletin Board (703–921–6155)’’ and 

adding in its place the language, ‘‘CBP’s 

Regulatory Audit Web site located at 

http://www.cbp.gov/xp/cgov/import/ 

regulatory_audit_program/archive/ 

compliance_assessment/’’; 

c. Paragraph (b)(3) introductory text is 

amended: in the first, third and fourth 

sentences, by removing the word 

‘‘Customs’’ wherever it appears and 

adding in its place the term ‘‘CBP’’, and; 

in the second sentence, by removing the 

word ‘‘Customs’’ and adding in its place 

the words ‘‘all applicable’’; 

d. Paragraphs (b)(3)(iii), (iv), (v), and 

(vi) are amended by removing the word 

‘‘Customs’’ wherever it appears and 

adding in its place the term ‘‘CBP’’; 

e. Paragraph (c)(1) is amended by 

removing the word ‘‘shall’’ wherever it 

appears and adding in its place the 

word ‘‘will’’; 

f. Paragraph (c)(2) is amended: by 

removing the word ‘‘Customs’’ and 

adding in its place the term ‘‘CBP’’; by 

removing the word ‘‘Miami’’ and adding 

in its place the word ‘‘Charlotte’’, and; by 

removing the word ‘‘shall’’ and adding in 

its place the word ‘‘will’’; 

g. Paragraph (d)(1) is amended: in the 

first sentence, by removing the words 

‘‘Customs shall’’ and adding in their 

place the words ‘‘CBP will’’, and; in the 

second sentence, by removing the word 

‘‘Customs’’ and adding in its place the 

word ‘‘CBP’’; 

h. The introductory text to paragraph 

(d)(2) is amended by removing the word 

‘‘shall’’ and adding in its place the word 

‘‘must’’; and 

i. Paragraph (d)(3) is amended: by 

removing the word ‘‘shall’’ and adding in 

its place the word ‘‘must’’, and; by 

removing the word ‘‘Customs’’ and 

adding in its place the term ‘‘CBP’’. 

David V. Aguilar, 

Acting Deputy Commissioner, U.S. Customs 

and Border Protection. 

Approved: March 10, 2010. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 2010–6362 Filed 3–22–10; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1314 

[Docket No. DEA–328P] 

RIN 1117–AB25 

Implementation of the 

Methamphetamine Production 

Prevention Act of 2008 

AGENCY: Drug Enforcement 

Administration (DEA), Justice. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: In October 2008, the President 

signed the Methamphetamine 

Production Prevention Act of 2008, 

which clarifies the information entry 

and signature requirements for 

electronic logbook systems permitted for 

the retail sale of scheduled listed 

chemical products. DEA is promulgating 

this rule to incorporate the statutory 

provisions and make its regulations 

consistent with the new requirements. 

Once finalized, this action will make it 

easier for regulated sellers to maintain 

electronic logbooks by allowing greater 

flexibility as to how information may be 

captured. 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before May 24, 

2010. Commenters should be aware that 

the electronic Federal Docket 

Management System will not accept 

comments after midnight Eastern Time 

on the last day of the comment period. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. DEA–328’’ on all written and 

electronic correspondence. Written 

comments sent via regular or express 

mail should be sent to Drug 

Enforcement Administration, Attention: 

DEA Federal Register Representative/ 

ODL, 8701 Morrissette Drive, 

Springfield, VA 22152. Comments may 

be sent to DEA by sending an electronic 

message to 

dea.diversion.policy@usdoj.gov. 

Comments may also be sent 

electronically through 

http://www.regulations.gov using the 

electronic comment form provided on 

that site. An electronic copy of this 

document is also available at the http:// 

www.regulations.gov Web site. DEA will 

accept electronic comments containing 

MS word, WordPerfect, Adobe PDF, or 

Excel files only. DEA will not accept 

any file formats other than those 

specifically listed here. 

Please note that DEA is requesting 

that electronic comments be submitted 

before midnight Eastern time on the day 

the comment period closes because 

http://www.regulations.gov terminates 

the public’s ability to submit comments 

at midnight Eastern time on the day the 

comment period closes. Commenters in 

time zones other than Eastern time may 

want to consider this so that their 

electronic comments are received. All 

comments sent via regular or express 

mail will be considered timely if 

postmarked on the day the comment 

period closes. 

FOR FURTHER INFORMATION CONTACT: 

Mark W. Caverly, Chief, Liaison and 

Policy Section, Office of Diversion 

Control, Drug Enforcement 

Administration, 8701 Morrissette Drive, 

Springfield, VA 22152, Telephone (202) 

307–7297. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments: Please 

note that all comments received are 

considered part of the public record and 

made available for public inspection 

online at http://www.regulations.gov 

and in the Drug Enforcement 

Administration’s public docket. Such 

information includes personal 

identifying information (such as your 

name, address, etc.) voluntarily 

submitted by the commenter. 

If you want to submit personal 

identifying information (such as your 

name, address, etc.) as part of your 

comment, but do not want it to be 

posted online or made available in the 

public docket, you must include the 

phrase ‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also place 

all the personal identifying information 

you do not want posted online or made 

available in the public docket in the first 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13703 

paragraph of your comment and identify 

what information you want redacted. 

If you want to submit confidential 

business information as part of your 

comment, but do not want it to be 

posted online or made available in the 

public docket, you must include the 

phrase ‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You must also 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment has 

so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be posted online or made 

available in the public docket. 

Personal identifying information and 

confidential business information 

identified and located as set forth above 

will be redacted and the comment, in 

redacted form, will be posted online and 

placed in the Drug Enforcement 

Administration’s public docket file. 

Please note that the Freedom of 

Information Act applies to all comments 

received. If you wish to inspect the 

agency’s public docket file in person by 

appointment, please see the FOR

FURTHER INFORMATION CONTACT

paragraph. 

DEA’s Legal Authority 

DEA implements the Comprehensive 

Drug Abuse Prevention and Control Act 

of 1970, often referred to as the 

Controlled Substances Act (CSA) and 

the Controlled Substances Import and 

Export Act (CSIEA) (21 U.S.C. 801–971), 

as amended. DEA publishes the 

implementing regulations for these 

statutes in Title 21 of the Code of 

Federal Regulations (CFR), Parts 1300 to 

1399. These regulations are designed to 

ensure that there is a sufficient supply 

of controlled substances for legitimate 

medical, scientific, research, and 

industrial purposes and to deter the 

diversion of controlled substances to 

illegal purposes. 

The CSA mandates that DEA establish 

a closed system of control for 

manufacturing, distributing, and 

dispensing controlled substances. Any 

person who manufactures, distributes, 

dispenses, imports, exports, or conducts 

research or chemical analysis with 

controlled substances must register with 

DEA (unless exempt) and comply with 

the applicable requirements for the 

activity. 

The CSA as amended also requires 

DEA to regulate the manufacture and 

distribution of chemicals that may be 

used to manufacture controlled 

substances illegally. Listed chemicals 

that are classified as List I chemicals are 

important to the manufacture of 

controlled substances. Those classified 

as List II chemicals may be used to 

manufacture controlled substances. 

Background 

On March 9, 2006, the President 

signed the Combat Methamphetamine 

Epidemic Act of 2005 (CMEA), which is 

Title VII of the USA PATRIOT 

Improvement and Reauthorization Act 

of 2005 (Pub. L. 109–177). CMEA 

amended the CSA to change the 

regulations for selling products that 

contain ephedrine, pseudoephedrine, 

and phenylpropanolamine, their salts, 

optical isomers, and salts of optical 

isomers, that may be marketed or 

distributed lawfully in the United States 

under the Federal Food, Drug, and 

Cosmetic Act as nonprescription drugs. 

CMEA defines these products as 

‘‘scheduled listed chemical products’’ 

(21 U.S.C. 802(45)). Ephedrine, 

pseudoephedrine, and 

phenylpropanolamine are List I 

chemicals because they are used in, and 

important to, the illegal manufacture of 

methamphetamine and amphetamine, 

both Schedule II controlled substances. 

Requirements for Retail Sales of 

Scheduled Listed Chemical Products 

CMEA defines nonprescription drug 

products marketed or distributed 

lawfully in the United States under the 

Federal Food, Drug, and Cosmetic Act 

containing ephedrine, pseudoephedrine, 

or phenylpropanolamine as ‘‘scheduled 

listed chemical products’’ (21 U.S.C. 

802(45)). Direct, in-person sales to a 

customer, whether by a regulated seller 

(e.g., grocery store, general merchandise 

store, drug store) (21 U.S.C. 802(46), 

(49)) or a mobile retail vendor (e.g., 

kiosk, flea market), (21 U.S.C. 802(47)) 

are subject to requirements for training 

of employees who either are responsible 

for delivering scheduled listed chemical 

products into the custody of purchasers 

or who deal directly with purchasers by 

obtaining payments for the products (21 

U.S.C. 830(e)(1)(A)(vii)). The regulated 

seller must certify to DEA that the 

employees have been trained (21 U.S.C. 

830(e)(1)(B)). These regulated sellers 

must also check identifications of 

purchasers and maintain specific 

records (the logbook) of each sale of 

scheduled listed chemical products (21 

U.S.C. 830(e)(1)(A)). The only sales 

exempt from recordkeeping are sales of 

single packages where the package 

contains not more than 60 milligrams of 

pseudoephedrine (21 U.S.C. 

830(e)(1)(A)(iii)). 

On September 26, 2006, DEA 

published in the Federal Register an 

Interim Final Rule, ‘‘Retail Sales of 

Scheduled Listed Chemical Products; 

Self-Certification of Regulated Sellers of 

Scheduled Listed Chemical Products’’ 

(71 FR 56008; corrected at 71 FR 60609, 

October 13, 2006). That rule 

incorporated the standards set forth by 

the CMEA, requiring regulated sellers of 

scheduled listed chemical products to 

maintain logbooks regarding their sales 

on and after September 30, 2006. If a 

regulated seller maintains the logbook 

on paper, DEA requires that the book be 

bound, as is currently the case for 

records of sales of Schedule V 

controlled substances that are sold 

without a prescription (21 CFR 

1314.30(a)(2)). The records must be 

readily retrievable and available for 

inspection and copying by DEA or other 

State or local law enforcement agencies 

(21 U.S.C. 830(e)(1)(C)(i), 21 CFR 

1314.30(i)). Logs must be kept for not 

fewer than two years from the date the 

entry was made (21 CFR 1314.30(g). 

CMEA required the logs include the 

information entered by the purchaser 

(name, address, signature, date and time 

of sale) and the quantity and form of the 

product sold. 

Where the record is entered 

electronically, the computer system may 

enter the date and time automatically. 

An electronic signature system, such as 

the ones many stores use for credit card 

purchases, can be employed to capture 

the signature for electronic logs (21 CFR 

1314.30(c)). The information that the 

seller must enter can be accomplished 

through a point-of-sales system and bar 

code reader. 

Changes to § 1314.30 

On October 14, 2008, the President 

signed the Methamphetamine 

Production Prevention Act of 2008 (Pub. 

L. 110–415). The Act amends the 

existing language in 21 U.S.C. 

830(e)(1)(A)) by revising clauses (iv) 

through (vi). The purpose of this Act is 

to facilitate the creation of electronic 

logbooks. Several options are provided 

for obtaining signatures of purchasers 

and recording transactions at the time of 

the sale. 

Specifically, the requirements now 

state that a regulated seller of scheduled 

listed chemical products may not sell 

such a product unless the purchaser: 

• Presents a government issued 

photographic identification; and 

• Signs the written logbook with his 

or her name, address, time and date of 

the sale, or signs in one of the following 

ways: 

Æ In the case of an electronic logbook, 

the device must capture the signature in 

an electronic format. 

Æ In the case of a bound paper book, 

a printed sticker must be affixed to the 

book at the time of sale adjacent to the 


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signature line. The sticker must display 

the product name, quantity, name of 

purchaser, date and address, or a unique 

identification that can be linked to that 

information. 

Æ In the case of a printed document, 

the document must include a clear line 

for the purchaser’s signature and 

include product name, quantity, name 

and address of purchaser, and date and 

time of sale. 

The Methamphetamine Production 

Prevention Act expressly permits the 

regulated seller to capture information 

regarding the name of the product and 

the quantity sold through bar code, 

electronic data capture, or similar 

technology. The regulated seller remains 

responsible for determining that the 

name entered corresponds to the 

photographic identification presented 

by the purchaser. The 

Methamphetamine Production 

Prevention Act indicates that if the 

prospective purchaser enters the 

information into the logbook, the 

regulated seller must determine that the 

name entered in the logbook 

corresponds to the name provided on 

the photographic identification and 

must determine that the date and time 

of the sale as entered by the purchaser 

are correct. If the regulated seller enters 

the information into the logbook, the 

prospective purchaser must verify that 

the information is correct. 

In addition, the written or electronic 

logbook must continue to include a 

notice to purchasers that entering false 

statements or misrepresentations in the 

logbook, or supplying false information 

or identification that results in the entry 

of false statements or 

misrepresentations, may subject the 

purchaser to criminal penalties under 

section 1001 of title 18 of the U.S. Code 

(21 U.S.C. 830(e)(1)(A)(v)). The logbook 

must be maintained by the regulated 

seller for not fewer than two years after 

the date on which the entry is made (21 

U.S.C. 830(e)(1)(A)(vi)). 

The changes made by the 

Methamphetamine Production 

Prevention Act and implemented in this 

rulemaking will provide greater 

flexibility for regulated sellers of 

scheduled listed chemical products. 

These persons may now choose several 

alternative ways in which to capture 

and maintain required logbook 

information: a fully written logbook, a 

fully electronic logbook, or a logbook 

where some information is captured 

electronically and the prospective 

purchaser’s signature is captured and 

linked to that information. 

Regulatory Certifications 

Regulatory Flexibility Act 

The Deputy Assistant Administrator 

hereby certifies that this rulemaking has 

been drafted in accordance with the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612). This rule simply 

codifies statutory provisions, 

implementing the Methamphetamine 

Production Prevention Act. This rule 

will provide greater flexibility to 

regulated sellers, permitting them to 

capture required logbook information in 

a variety of ways. 

Executive Order 12866 

The Deputy Assistant Administrator 

further certifies that this rulemaking has 

been drafted in accordance with the 

principles in Executive Order 12866 

Section 1(b). It has been determined that 

this is a significant regulatory action. 

Therefore, this action has been reviewed 

by the Office of Management and 

Budget. As discussed above, this action 

is codifying statutory provisions. This 

statutory change imposes no new costs 

on regulated sellers of the List I 

chemicals ephedrine, pseudoephedrine, 

and phenylpropanolamine. Rather, it 

provides greater flexibility for regulated 

sellers who may choose to capture 

required logbook information in a 

written form, in an electronic form, or 

in a manner that combines written and 

electronic information. 

Paperwork Reduction Act of 1995 

Although the requirements of the 

Methamphetamine Production 

Prevention Act revise the ways in which 

logbook information may be captured or 

presented, these requirements are not 

substantially different than the 

previously existing requirements for 

documentation of sales in logbooks. 

DEA believes that these revised 

requirements will have a negligible 

impact on the time estimated to 

document a sale. Estimates of this time 

burden are included in information 

collection 1117–0046, ‘‘Certification, 

Training, and Logbooks for Regulated 

Sellers of Scheduled Listed Chemical 

Products.’’ Therefore, as DEA does not 

believe that the burden associated with 

this collection will measurably change, 

DEA is not revising this information 

collection. 

Executive Order 12988 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988 Civil 

Justice Reform. 

Executive Order 13132 

This rulemaking does not preempt or 

modify any provision of State law; 

impose enforcement responsibilities on 

any State; nor does it diminish the 

power of any State to enforce its own 

laws. Accordingly, this rulemaking does 

not have federalism implications 

warranting the application of Executive 

Order 13132. 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $120,000,000 or more 

(adjusted for inflation) in any one year, 

and will not significantly or uniquely 

affect small governments. Therefore, no 

actions were deemed necessary under 

the provisions of the Unfunded 

Mandates Reform Act of 1995. 

Congressional Review Act 

This rule is not a major rule as 

defined by section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Congressional 

Review Act). This rule will not result in 

an annual effect on the economy of 

$100,000,000 or more; a major increase 

in costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

on the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

List of Subjects in 21 CFR Part 1314 

Drug traffic control, Reporting and 

recordkeeping requirements. 

For the reasons set out above, 21 CFR 

part 1314 is proposed to be amended as 

follows: 

PART 1314—RETAIL SALE OF 

SCHEDULED LISTED CHEMICAL 

PRODUCTS 

1. The authority citation for part 1314 

continues to read as follows: 

Authority: 21 U.S.C. 802, 830, 842, 871(b), 

875, 877, 886a. 

2. § 1314.30 is revised to read as 

follows: 

§ 1314.30 Recordkeeping for retail 

transactions. 

(a) Except for purchase by an 

individual of a single sales package 

containing not more than 60 milligrams 

of pseudoephedrine, the regulated seller 

must maintain, in accordance with 

criteria issued by the Administrator, a 

written or electronic list of each 

scheduled listed chemical product sale 

that identifies the products by name, the 

quantity sold, the names and addresses 


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of the purchasers, and the dates and 

times of the sales (referred to as the 

‘‘logbook’’). 

(b) The regulated seller must not sell 

a scheduled listed chemical product at 

retail unless the sale is made in 

accordance with the following: 

(1) The purchaser presents an 

identification card that provides a 

photograph and is issued by a State or 

the Federal Government, or a document 

that, with respect to identification, is 

considered acceptable for purposes of 8 

CFR 274a.2(b)(1)(v)(A) and 

274a.2(b)(1)(v)(B). 

(2) The purchaser signs the logbook as 

follows: 

(i) For written logbooks, enters in the 

logbook his name, address, and the date 

and time of the sale. 

(ii) For electronic logbooks, provides 

a signature using one of the following 

means: 

(A) Signing a device presented by the 

seller that captures signatures in an 

electronic format. The device must 

display the warning notice in paragraph 

(d) of this section. Any device used 

must preserve each signature in a 

manner that clearly links that signature 

to the other electronically captured 

logbook information relating to the 

prospective purchaser providing that 

signature. 

(B) Signing a bound paper book. The 

bound paper book must include, for 

such purchaser, either— 

(1) A printed sticker affixed to the 

bound paper book at the time of sale 

that either displays the name of each 

product sold, the quantity sold, the 

name and address of the purchaser, and 

the date and time of the sale, or a unique 

identifier which can be linked to that 

electronic information, or 

(2) A unique identifier that can be 

linked to that information and that is 

written into the book by the seller at the 

time of sale. The purchaser must sign 

adjacent to the printed sticker or written 

unique identifier related to that sale. 

The bound paper book must display the 

warning notice in paragraph (d) of this 

section. 

(C) Signing a printed document that 

includes, for the purchaser, the name of 

each product sold, the quantity sold, the 

name and address of the purchaser, and 

the date and time of the sale. The 

document must be printed by the seller 

at the time of the sale. The document 

must contain a clearly identified 

signature line for a purchaser to sign. 

The printed document must display the 

warning notice in paragraph (d) of this 

section. Each signed document must be 

inserted into a binder or other secure 

means of document storage immediately 

after the purchaser signs the document. 

(3) The regulated seller must enter in 

the logbook the name of the product and 

the quantity sold. Examples of methods 

of recording the quantity sold include 

the weight of the product per package 

and number of packages of each 

chemical, the cumulative weight of the 

product for each chemical, or quantity 

of product by Universal Product Code. 

These examples do not exclude other 

methods of displaying the quantity sold. 

Such information may be captured 

through electronic means, including 

through electronic data capture through 

bar code reader or similar technology. 

Such electronic records must be 

provided pursuant to paragraph (g) of 

this section in a human readable form 

such that the requirements of paragraph 

(a) of this section are satisfied. 

(c) The logbook maintained by the 

seller must include the prospective 

purchaser’s name, address, and the date 

and time of the sale, as follows: 

(1) If the purchaser enters the 

information, the seller must determine 

that the name entered in the logbook 

corresponds to the name provided on 

the identification and that the date and 

time entered are correct. 

(2) If the seller enters the information, 

the prospective purchaser must verify 

that the information is correct. 

(3) Such information may be captured 

through electronic means, including 

through electronic data capture through 

bar code reader or similar technology. 

(d) The regulated seller must include 

in the written or electronic logbook or 

display by the logbook, the following 

notice: 

WARNING: Section 1001 of Title 18, 

United States Code, states that whoever, with 

respect to the logbook, knowingly and 

willfully falsifies, conceals, or covers up by 

any trick, scheme, or device a material fact, 

or makes any materially false, fictitious, or 

fraudulent statement or representation, or 

makes or uses any false writing or document 

knowing the same to contain any materially 

false, fictitious, or fraudulent statement or 

entry, shall be fined not more than $250,000 

if an individual or $500,000 if an 

organization, imprisoned not more than five 

years, or both. 

(e) The regulated seller must maintain 

each entry in the written or electronic 

logbook for not fewer than two years 

after the date on which the entry is 

made. 

(f) A record under this section must 

be kept at the regulated seller’s place of 

business where the transaction 

occurred, except that records may be 

kept at a single, central location of the 

regulated seller if the regulated seller 

has notified the Administration of the 

intention to do so. Written notification 

must be submitted by registered or 

certified mail, return receipt requested, 

to the Special Agent in Charge of the 

DEA Divisional Office for the area in 

which the records are required to be 

kept. 

(g) The records required to be kept 

under this section must be readily 

retrievable and available for inspection 

and copying by authorized employees of 

the Administration under the provisions 

of section 510 of the Act (21 U.S.C. 880). 

(h) A record developed and 

maintained to comply with a State law 

may be used to meet the requirements 

of this section if the record includes the 

information specified in this section. 

Dated: March 16, 2010. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control. 

[FR Doc. 2010–6175 Filed 3–22–10; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Bureau of Prisons 

28 CFR Part 513 

[BOP Docket No. 1157–P] 

RIN 1120–AB57 

Inmate Access to Inmate Central File: 

PSRs and SORs 

AGENCY: Bureau of Prisons, Justice. 

ACTION: Proposed rule. 

SUMMARY: The Bureau of Prisons 

(Bureau) proposes to amend regulations 

regarding inmate access to Inmate 

Central File materials to prohibit 

sentenced inmates incarcerated in 

Bureau facilities, including those in 

contract facilities or community 

confinement, from possessing their PreSentence Investigation Reports (PSRs), 

Statements of Reasons (SORs), or other 

similar sentencing documents from 

criminal judgments. Such inmates 

under this prohibition will continue to 

be permitted to review their PSRs and 

SORs. 

DATES: Comments due by May 24, 2010. 

ADDRESSES: Comments should be 

submitted to the Rules Unit, Office of 

General Counsel, Bureau of Prisons, 320 

First Street, NW., Washington, DC 

20534. You may view an electronic 

version of this rule at http:// 

www.regulations.gov. You may also 

comment via the Internet by using the 

http://www.regulations.gov comment 

form for this regulation. When 

submitting comments electronically you 

must include the BOP Docket No. in the 

subject box. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1