Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 81853 

example is not specific about the timing 

of the interstate travel in relation to the 

enactment of SORNA, it could be 

understood as referring to a situation in 

which the travel occurred before the 

enactment of SORNA. Accordingly, this 

final rule makes minor changes in the 

language of Example 2 so as to avoid 

any arguable inconsistency with the 

Supreme Court’s holding in Carr 

regarding the scope of criminal liability 

under 18 U.S.C. 2250. 

Regulatory Flexibility Act 

The Attorney General, 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 on a 

substantial number of small entities for 

the purposes of that Act because the 

regulation concerns the application of 

the requirements of the Sex Offender 

Registration and Notification Act to 

certain offenders. 

Executive Order 12866 

This regulation has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review,’’ section 1(b), Principles of 

Regulation. The Department of Justice 

has determined that this rule is a 

‘‘significant regulatory action’’ under 

Executive Order 12866, section 3(f), and 

accordingly this rule has been reviewed 

by the Office of Management and 

Budget. 

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. There has been 

substantial consultation with State 

officials regarding the interpretation and 

implementation of the Sex Offender 

Registration and Notification Act. 

Therefore, in accordance with Executive 

Order 13132, it is determined that this 

rule does not have sufficient federalism 

implications to warrant the preparation 

of a federalism assessment. 

Executive Order 12988—Civil Justice 

Reform 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

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

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 million or more 

in any one year, and it 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. By way of explanation, this rule 

finalizes an interim rule concerning the 

applicability of SORNA’s registration 

requirements to sex offenders, including 

those whose sex offense convictions 

occurred before SORNA’s enactment. 

The rule facilitates federal prosecution 

of sex offenders in the affected classes 

who fail to register as required, see 18 

U.S.C. 2250, but it does not directly 

require expenditures by state, local, or 

tribal governments. The interim rule 

was issued prior to the publication by 

the Attorney General of the SORNA 

Guidelines, appearing at 73 FR 38029 et 

seq., which determine what state, local, 

and tribal jurisdictions must do to 

achieve substantial implementation of 

the SORNA standards in their 

registration programs. The SORNA 

Guidelines include instructions to 

jurisdictions concerning the classes of 

sex offenders with pre-existing 

convictions whom the jurisdictions 

must register, and the costs of doing so 

will not be affected or increased by the 

finalization of the interim rule. Based on 

the known costs in jurisdictions that 

have implemented SORNA to date, it is 

not anticipated that the cost of 

implementing this aspect of the SORNA 

standards will exceed $100 million 

annually. 

Executive Order 13175—Consultation 

and Coordination with Indian Tribal 

Governments 

This rule comports with Executive 

Order 13175. The Department of Justice 

has carried out previous tribal 

consultations regarding actions under 

SORNA affecting Indian tribes. The 

Department engaged in a voluntary 

consultation on this rule with tribal 

officials in Spokane, Washington, on 

October 4, 2010. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. 5 U.S.C. 804. This 

rule will not result in an annual effect 

on the economy of $100 million or 

more; a major increase in costs or prices; 

or significant adverse effects on 

competition, employment, investment, 

productivity, or innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

List of Subjects in 28 CFR Part 72 

Crime, Information, Law enforcement, 

Prisons, Prisoners, Records, Probation 

and Parole. 

■ Accordingly, for the reasons stated in 

the interim rule adding 28 CFR part 72, 

which was published at 72 FR 8894 on 

February 28, 2007, and for the reasons 

stated in the supplementary information 

to this rule, the interim rule is adopted 

as a final rule with one change as 

follows: 

PART 72—SEX OFFENDER 

REGISTRATION AND NOTIFICATION 

■ 1. The authority citation continues to 

read as follows: 

Authority: Pub. L. 109–248, 120 Stat. 587. 

■ 2. In § 72.3, Example 2 is revised to 

read as follows: 

§ 72.3 Applicability of the Sex Offender 

Registration and Notification Act. 

* * * * * 

Example 2. A sex offender is 

convicted by a state jurisdiction in 1997 

for molesting a child and is released 

following imprisonment in 2000. The 

sex offender initially registers as 

required but relocates to another state in 

2009 and fails to register in the new 

state of residence. The sex offender has 

violated the requirement under the Sex 

Offender Registration and Notification 

Act to register in any jurisdiction in 

which he resides, and could be held 

criminally liable under 18 U.S.C. 2250 

for the violation because he traveled in 

interstate commerce. 

Dated: December 21, 2010. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2010–32719 Filed 12–28–10; 8:45 am] 

BILLING CODE 4410–18–P 

DEPARTMENT OF JUSTICE 

Bureau of Prisons 

28 CFR Part 541 

[Docket No. BOP–1118–F] 

RIN 1120–AB18 

Inmate Discipline Program/Special 

Housing Units: Subpart Revision and 

Clarification 

AGENCY: Bureau of Prisons, Justice. 

ACTION: Final rule; correction. 

SUMMARY: The Bureau of Prisons 

(Bureau) is correcting a final rule that 

appeared in the Federal Register of 

December 8, 2010 (75 FR 76263). The 

document issued a final rule amending 


srobinson on DSKHWCL6B1PROD with RULES
81854 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 

the Bureau’s Inmate Discipline Program 

and Special Housing Units (SHU) 

regulations. The Bureau issues this 

correction document in order to correct 

typographical and numbering errors. No 

substantive changes are being made to 

the final rule document. 

DATES: This rule is effective on March 1, 

2011. 

ADDRESSES: Rules Unit, Office of 

General Counsel, Bureau of Prisons, 320 

First Street, NW., Washington, DC 

20534. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Qureshi, Office of General 

Counsel, Bureau of Prisons, phone (202) 

307–2105. 

SUPPLEMENTARY INFORMATION: The 

Bureau corrects its Inmate Discipline 

and Special Housing Units (SHU) 

regulations (28 CFR part 541, subpart A 

and subpart B), as published in the 

Federal Register of December 8, 2010 

(75 FR 76263), FR Doc. 2010–30525, as 

follows: 

1. On page 76266, in the second 

column, second full paragraph 

beginning ‘‘Code 331’’, the reference to 

‘‘§ 541.03’’ is corrected to read ‘‘§ 541.3’’. 

§ 541.3 [Corrected] 

2. On page 76267, the title of Table 1, 

‘‘Table 1—Prohibited Acts and Available 

Sanctions Greatest Severity Level 

Prohibited Acts’’ is corrected to read 

‘‘Table 1—Prohibited Acts and Available 

Sanctions’’. 

3. On page 76267, in Table 1, between 

the line after the title of Table 1 and 

before the line beginning with ‘‘100’’, 

insert a new line with a subheading to 

read as follows: ‘‘Greatest Severity Level 

Prohibited Acts’’. 

§ 541.7 [Corrected] 

4. On page 76272, in the first column, 

in § 541.7(a)(4), ‘‘§ 541.04’’ is corrected 

to read ‘‘§ 541.4’’. 

5. On page 76272, in the first column, 

in § 541(g), ‘‘§ 541.08’’ is corrected to 

read ‘‘§ 541.8’’. 

§ 541.23 [Corrected] 

12. On page 76273, in the third 

column, in § 541.23(c)(3), ‘‘You 

requested, or staff determined you need, 

administrative detention status for your 

own protection.’’ Is corrected to read 

‘‘You requested, or staff determined you 

need, administrative detention status for 

your own protection; or’’. 

Harley G. Lappin, 

Director, Federal Bureau of Prisons. 

[FR Doc. 2010–32706 Filed 12–28–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–1108] 

RIN 1625–AA00 

Safety Zone; New Year’s Celebration 

for the City of San Francisco, 

Fireworks Display, San Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

support of the New Year’s Eve 

Celebration for the City of San Francisco 

Fireworks Display. The temporary safety 

zone will extend 100 feet from the 

nearest point of the barge during the 

loading, transit, and arrival of the 

pyrotechnics, and will extend 1,000 feet 

from the nearest point of the barge 

during the fireworks display. This safety 

zone is established to ensure the safety 

of participants and spectators from the 

dangers associated with the 

pyrotechnics. Unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or remaining in 

the safety zone without permission of 

the Captain of the Port or her designated 

representative. 

DATES: This rule is effective from 11 

a.m. on December 31, 2010 until 12:30 

a.m. on January 1, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

1108 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–1108 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Lieutenant Junior Grade 

Allison Natcher at 415–399–7442, or email D11-PF-MarineEvents@uscg.mil. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule, as it would be 

impracticable to do so because the event 

would occur before the rulemaking 

process would be completed. Because of 

the dangers posed by the pyrotechnics 

used in these fireworks displays, the 

safety zones are necessary to provide for 

the safety of event participants, 

spectators, spectator craft, and other 

vessels transiting the event area. For the 

safety concerns noted, it is in the public 

interest to have these regulations in 

effect during the event. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Any delay in the effective date 

of this rule would expose mariners to 

the dangers posed by the pyrotechnics 

used in the fireworks display. 

Background and Purpose 

The City of San Francisco will 

sponsor the New Year’s Eve Celebration 

for the City of San Francisco Fireworks 

Display from 11:45 p.m. on December 

31, 2010 until 12:30 a.m. on January 1, 

2011, on the navigable waters of San 

Francisco Bay located 1,000 feet from 

the San Francisco Ferry Building in San 

Francisco, CA. The fireworks display is 

for entertainment purposes. From 11 

a.m. until 11 p.m. on December 31, 

2010, pyrotechnics will be loaded onto 

a barge at Pier 50 near position 

37°46′29.5′′ N, 122°22′57.4′′ W. From 11 

p.m. until 11:20 p.m. the loaded barge 

will be transiting from Pier 50 to the 

launch site located at position 

37°47′42.60′′ N, 122°23′19.10′′ W. The 

Coast Guard has granted the event 

sponsor a marine event permit for the 

fireworks displays. We believe that a 

safety zone is necessary to protect 

spectators, vessels, and other property 

from the hazards associated with 

pyrotechnics on the fireworks barges. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone to keep spectators and 

vessels a safe distance away from the 

fireworks barges to ensure the safety of 

participants, spectators, and transiting 

vessels during the fireworks display. 


srobinson on DSKHWCL6B1PROD with RULES