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contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

1005 

Vol. 80, No. 5 

Thursday, January 8, 2015 

DEPARTMENT OF JUSTICE 

28 CFR Parts 0 and 90 

[OVW Docket No. 111] 

RIN 1105–AB43 

Grants To Encourage Arrest Policies 

and Enforcement of Protection Orders 

AGENCY: Office on Violence Against 

Women, Justice. 

ACTION: Final rule. 

SUMMARY: This rule amends the 

regulations for the Grants to Encourage 

Arrest Policies and Enforcement of 

Protection Orders Program (Arrest 

Program) to incorporate statutory 

changes, make minor technical 

corrections, and streamline existing 

regulations to reduce repetition of 

statutory language. This rule also 

amends the regulations to clarify that 

existing regulations on grant-related 

procedures continue to apply to grants 

made by the Office on Violence Against 

Women. 

DATES: This rule is effective March 9, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

Marnie Shiels, Office on Violence 

Against Women, 145 N Street NE., Suite 

10W.121, Washington, DC 20530, by 

telephone (202) 307–6026 or by email at 

marnie.shiels@usdoj.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Violence Against Women Act and 

Subsequent Legislation 

In 1994, Congress passed the Violence 

Against Women Act (VAWA), a 

comprehensive legislative package 

aimed at ending violence against 

women. VAWA was enacted on 

September 13, 1994, as title IV of the 

Violent Crime Control and Law 

Enforcement Act of 1994, Pub. L. 103– 

322, 108 Stat. 1796. VAWA was 

designed to improve criminal justice 

system responses to domestic violence, 

sexual assault, and stalking, and to 

increase the availability of services for 

victims of these crimes. VAWA 

recognized the need for specialized 

responses to violence against women 

given the unique barriers that impede 

victims from accessing assistance from 

the justice system. To help communities 

develop these specialized responses, 

VAWA authorized several grant 

programs, including the Grants to 

Encourage Arrest Policies Program 

(Arrest Program). The Arrest Program is 

codified at 42 U.S.C. 3796hh through 

3796hh–4. The final rule for the Arrest 

Program, found at 28 CFR part 90, 

subpart D, was promulgated on August 

6, 1996. 

On October 28, 2000, Congress 

enacted the Violence Against Women 

Act of 2000 (VAWA 2000), Division B 

of the Victims of Trafficking and 

Violence Protection Act of 2000, Pub. L. 

106–386, 114 Stat. 1464. On January 5, 

2006, Congress enacted the Violence 

Against Women and Department of 

Justice Reauthorization Act (VAWA 

2005), Pub. L. 109–162, 119 Stat. 2960. 

On March 7, 2013, Congress enacted the 

Violence Against Women 

Reauthorization Act of 2013 (VAWA 

2013), Pub. L. 113–4, 127 Stat. 54. These 

reauthorizations all enhanced the Arrest 

Program in different ways. 

Grants To Encourage Arrest Policies 

and Enforcement of Protection Orders 

Program 

The Arrest Program is designed to 

encourage State, local, and tribal 

governments and State, local, and tribal 

courts to treat domestic violence, dating 

violence, sexual assault, and stalking as 

serious violations of criminal law. The 

Arrest Program recognizes that sexual 

assault, domestic violence, dating 

violence, and stalking are crimes that 

require the criminal justice system to 

hold offenders accountable for their 

actions through investigation, arrest, 

and prosecution of violent offenders, 

and through close judicial scrutiny and 

management of offender behavior. The 

Arrest Program challenges the 

community to listen, communicate, 

identify problems, and share ideas that 

will result in new responses to ensure 

victim safety and offender 

accountability. 

VAWA 2000 made several changes to 

the Arrest Program including 

prioritizing enforcement of protection 

orders, recognizing the roles of courts, 

probation, and parole, and addressing 

the specific needs of older victims and 

victims with disabilities. VAWA 2005 

made additional changes including 

expanding the program to address 

sexual assault, adding new purpose 

areas, and adding new certification 

requirements relating to HIV testing of 

sex offenders and prohibiting 

polygraphing of sexual assault victims. 

VAWA 2013 added several sexual 

assault-specific purpose areas, a set 

aside of funds of 25% for projects that 

address sexual assault, and improved 

the certification and eligibility 

requirements. 

Description of Changes 

This amends the regulations for the 

Arrest Program to comply with statutory 

changes and reduce repetition of 

statutory language. 

In addition, the Violence Against 

Women Office Act, title IV of the 21st 

Century Department of Justice 

Appropriations Authorization Act, Pub. 

L. 107–273, codified at 42 U.S.C. 

3796gg–0 et seq., authorized the Office 

on Violence Against Women as a 

‘‘separate and distinct office within the 

Department of Justice.’’ To avoid any 

possible confusion, this rule clarifies 

that the existing grant-making 

provisions of 28 CFR part 18, which set 

forth hearing and appeal procedures 

available for applicants and for 

recipients of certain Department of 

Justice grant funding, apply to grants 

administered by the Office on Violence 

Against Women. 

The Office on Violence Against 

Women published the Notice of 

Proposed Rulemaking in the Federal 

Register on August 5, 2014. The 

comment period closed on October 6, 

2014. Two comments were received, 

both of which supported the goal of this 

regulation to incorporate statutory 

changes, make minor technical 

corrections, and streamline existing 

regulations to reduce repetition of 

statutory language. Neither comment 

made any recommendations for the 

regulation. Therefore, the Office on 

Violence Against Women is finalizing 

the proposed rule without change. 

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1006 Federal Register / Vol. 80, No. 5 / Thursday, January 8, 2015 / Rules and Regulations 

Executive Orders 12866 and 13563— 

Regulatory Review 

This regulation has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review’’ section 1(b), Principles of 

Regulation, and in accordance with 

Executive Order 13563 ‘‘Improving 

Regulation and Regulatory Review’’ 

section 1(b), General Principles of 

Regulation. 

The Department of Justice has 

determined that this rule is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, section 3(f), 

Regulatory Planning and Review, and 

accordingly this rule has not been 

reviewed by the Office of Management 

and Budget. This rule relates to matters 

of agency practice and procedure and 

amends the applicable regulations to 

conform to statutory changes. 

Executive Order 13132 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this rule does not 

have sufficient federalism implications 

to warrant preparation of a Federalism 

Assessment. 

Regulatory Flexibility Act 

The Office on Violence Against 

Women, in accordance with the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)), has reviewed this regulation 

and by approving it certifies that this 

regulation will not have a significant 

economic impact upon a substantial 

number of small entities for the 

following reason: the economic impact 

is limited to the Office on Violence 

Against Women’s appropriated funds. 

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 $100,000,000 or more 

in any one year, and it will not uniquely 

affect small governments. Therefore, no 

actions were deemed necessary under 

the provisions of the Unfunded 

Mandates Reform Act of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. This rule will not 

result in an annual effect on the 

economy of $100,000,000 or more; a 

major increase in cost or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete in domestic and 

export markets. 

List of Subjects 

28 CFR Part 0 

Judicial administration, Reporting and 

recordkeeping requirements, 

Whistleblowing. 

28 CFR Part 90 

Grant programs—law, Judicial 

administration, Reporting and 

recordkeeping requirements, Women. 

For the reason set forth in the 

preamble, the Office on Violence 

Against Women amends 28 CFR parts 0 

and 90 as follows: 

PART 0—ORGANIZATION OF THE 

DEPARTMENT OF JUSTICE 

■ 1. The authority citation for part 0 

continues to read as follows: 

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 

510, 515–519. 

■ 2. In § 0.122, add paragraph (c) to read 

as follows: 

§ 0.122 Office on Violence Against 

Women. 

* * * * * 

(c) Departmental regulations set forth 

in part 18 of this title, shall apply with 

equal force and effect to grant programs 

administered by the Office on Violence 

Against Women, with references to the 

Office of Justice Programs and its 

components in such regulations deemed 

to refer to the Office on Violence 

Against Women, as appropriate. 

PART 90—VIOLENCE AGAINST 

WOMEN 

■ 3. The authority citation for part 90 

continues to read as follows: 

Authority: 42 U.S.C. 3711–3796gg–7; Sec. 

826, Part E, Title VIII, Pub. L. 105–244, 112 

Stat. 1581, 1815. 

■ 4. Subpart D is revised to read as 

follows: 

Subpart D—Grants to Encourage 

Arrest Policies and Enforcement of 

Protection Orders 

Sec. 

90.60 Scope. 

90.61 Definitions and grant conditions. 

90.62 Purposes. 

90.63 Eligibility. 

90.64 Speedy notice to victims. 

90.65 Application content. 

90.66 Evaluation. 

90.67 Review of applications. 

§ 90.60 Scope. 

The eligibility criteria, purpose areas, 

application requirements, and statutory 

priorities for this program are 

established by 42 U.S.C. 3796hh et seq. 

§ 90.61 Definitions and grant conditions. 

(a) In general. For purposes of this 

subpart, the definitions and grant 

conditions in 42 U.S.C. 13925 apply. 

(b) Unit of local government. For the 

purpose of this subpart, a unit of local 

government is any city, county, 

township, town, borough, parish, 

village, or other general purpose 

political subdivision of a State. The 

following are not considered units of 

local government for purposes of this 

subpart: 

(1) Police departments; 

(2) Pre-trial service agencies; 

(3) District or city attorneys’ offices; 

(4) Sheriffs’ departments; 

(5) Probation and parole departments; 

(6) Shelters; 

(7) Nonprofit, nongovernmental 

victim service providers; and 

(8) Universities. 

§ 90.62 Purposes. 

(a) Purpose areas for the program are 

provided by 42 U.S.C. 3796hh(b). 

(b) Grants awarded for these purposes 

must demonstrate meaningful attention 

to victim safety and offender 

accountability. 

§ 90.63 Eligibility. 

(a) Eligible entities. Eligible entities 

are described in 42 U.S.C. 3796hh(c). 

(b) Certifications—(1) State, local, and 

tribal governments. State, local, and 

tribal government applicants must 

certify that they meet the requirements 

of 42 U.S.C. 3796hh(c)(A)–(E) or that 

they will meet the requirements by the 

statutory deadline. 

(2) Courts. Court applicants must 

certify that they meet the requirements 

of 42 U.S.C. 3796hh(c)(C)–(E) or that 

they will meet the requirements by the 

statutory deadline. 

(3) State, tribal, or territorial domestic 

violence or sexual assault coalitions or 

victim service providers. Applicants that 

are domestic violence or sexual assault 

coalitions or other victim service 

providers must partner with a State, 

local, or tribal government. The partner 

government must certify that it meets 

the requirements of 42 U.S.C. 

3796hh(c)(A)–(E) or that it will meet the 

requirements by the statutory deadline. 

(4) Letters. Eligible applicants or 

partners must submit a letter with 

proper certifications signed by the chief 

executive officer of the State, local 

government, or tribal government 

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Federal Register / Vol. 80, No. 5 / Thursday, January 8, 2015 / Rules and Regulations 1007 

participating in the project, in order to 

satisfy these statutory requirements. 

OVW will not accept submission of 

statutes, laws or policies in lieu of such 

a letter. 

(c) Partnerships—(1) Governments 

and courts. All State, local, and tribal 

government and court applicants are 

required to enter into a formal 

collaboration with victim service 

providers and, as appropriate, 

population specific organizations. 

Sexual assault, domestic violence, 

dating violence, or stalking victim 

service providers must be involved in 

the development and implementation of 

the project. In addition to the 

requirements of 42 U.S.C. 13925, victim 

service providers should meet the 

following criteria: 

(i) Address a demonstrated need in 

their communities by providing services 

that promote the dignity and selfsufficiency of victims, improve their 

access to resources, and create options 

for victims seeking safety from 

perpetrator violence; and 

(ii) Do not engage in or promote 

activities that compromise victim safety. 

(2) Coalitions and victim service 

providers. All State, tribal, or territorial 

domestic violence or sexual assault 

coalition and other victim service 

provider applicants are required to enter 

into a formal collaboration with a State, 

Indian tribal government or unit of local 

government, and, as appropriate, 

population specific organizations. 

§ 90.64 Speedy notice to victims. 

(a) In general. A State or unit of local 

government shall not be entitled to 5 

percent of the funds allocated under this 

subpart, unless the State or unit of local 

government certifies that it meets the 

requirements regarding speedy notice to 

victims provided in 42 U.S.C. 

3796hh(d). 

(b) Units of local governments. (1) 

Units of local government grantees may 

certify based on State or local law, 

policy, or regulation. 

(2) In the event that a unit of local 

government does not have authority to 

prosecute ‘‘crime[s] in which by force or 

threat of force the perpetrator compels 

the victim to engage in sexual 

activity[,]’’ the unit of local government 

may submit a letter from an appropriate 

legal authority in the jurisdiction 

certifying that the jurisdiction does not 

have the authority to prosecute 

‘‘crime[s] in which by force or threat of 

force the perpetrator compels the victim 

to engage in sexual activity’’ and that 

therefore the certification is not relevant 

to the unit of local government in 

question. 

§ 90.65 Application content. 

(a) Format. Applications from eligible 

entities must be submitted as described 

in the relevant program solicitation 

developed by the Office on Violence 

Against Women and must include all 

the information required by 42 U.S.C. 

3796hh–1(a). 

(b) Certification. Each eligible 

applicant must certify that all the 

information contained in the 

application is correct. All submissions 

will be treated as a material 

representation of fact upon which 

reliance will be placed, and any false or 

incomplete representation may result in 

suspension or termination of funding, 

recovery of funds provided, and civil 

and/or criminal sanctions. 

§ 90.66 Evaluation. 

(a) Recipients of Arrest Program funds 

must agree to cooperate with federallysponsored research and evaluation 

studies of their projects at the direction 

of the Office on Violence Against 

Women. 

(b) Grant funds may not be used for 

purposes of conducting research or 

evaluations. Recipients of Arrest 

Program funds are, however, strongly 

encouraged to develop a local 

evaluation strategy to assess the impact 

and effectiveness of their projects. 

Applicants should consider entering 

into partnerships with research 

organizations that are submitting 

simultaneous grant applications to the 

National Institute of Justice or other 

research funding sources for this 

purpose. 

§ 90.67 Review of applications. 

The provisions of 42 U.S.C. 3796 et 

seq. and this subpart provide the basis 

for review and approval or disapproval 

of applications and amendments in 

whole or in part. 

Dated: December 23, 2014. 

Bea Hanson, 

Principal Deputy Director. 

[FR Doc. 2014–30766 Filed 1–7–15; 8:45 am] 

BILLING CODE 4410–FX–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[WC Docket No. 13–39; FCC 14–175] 

Rural Call Completion 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; correction. 

SUMMARY: The Commission published in 

the Federal Register of December 10, 

2014, a document concerning an Order 

on Reconsideration (Order) affirming 

the Commission’s commitment to 

ensuring that high quality telephone 

service must be available to all 

Americans. In the Order, the 

Commission established rules to combat 

extensive problems with successfully 

completing calls to rural areas, and 

created a framework to improve the 

ability to monitor call problems and 

take appropriate enforcement action. In 

the Order, the Commission denies 

several petitions for reconsideration 

that, if granted, would impair the 

Commission’s ability to monitor, and 

take enforcement action against, call 

completion problems. The Commission 

does, however, grant one petition for 

reconsideration because the 

Commission finds that modifying its 

original determination will significantly 

lower providers’ compliance costs and 

burdens without impairing the 

Commission’s ability to obtain reliable 

and extensive information about rural 

call completion problems. 

DATES: This rule corrects an amendment 

that contains new or modified 

information collection requirements that 

will not be effective until approved by 

the Office of Management and Budget. 

The Federal Communications 

Commission will publish a document in 

the Federal Register announcing the 

effective date. 

FOR FURTHER INFORMATION CONTACT: 

Claude Aiken, Wireline Competition 

Bureau, Competition Policy Division, 

(202) 418–1580, or send an email to 

claude.aiken@fcc.gov 

SUPPLEMENTARY INFORMATION: The 

Commission published a document in 

the Federal Register of December 10, 

2014, (79 FR 73227), amending 

§ 64.2101 of the Commission’s rules. 

In Final rule FR Doc. 2014–28936 

published on December 10, 2014, (79 FR 

73237), make the following correction. 

On page 73237, in the second column, 

revise amendatory instruction 2 

regarding § 64.2101, and remove the 

‘‘(f)’’ before the definition of ‘‘Longdistance voice service.’’ 

The revision reads as follows: 

■ ‘‘2. Amend § 64.2101 by removing the 

paragraph (f) designation for the 

definition of ‘‘Long-distance voice 

service’’ and revising the definition to 

read as follows:’’ 

Federal Communications Commission. 

Sheryl D. Todd, 

Deputy Secretary. 

[FR Doc. 2014–30870 Filed 1–7–15; 8:45 am] 

BILLING CODE 6712–01–P 

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